[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78306-78307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-337-804, A-533-813, A-560-802, A-570-851]


Certain Preserved Mushrooms From Chile, India, Indonesia, and the 
People's Republic of China: Final Results of Expedited Sunset Reviews 
of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
orders on certain preserved mushrooms (mushrooms) from Chile, India, 
Indonesia, and the People's Republic of China (China) would be likely 
to lead to a continuation or recurrence of dumping, at the levels 
identified in the ``Final Results of Sunset Reviews'' section of this 
notice.

DATES: Applicable December 4, 2020.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Kate Johnson, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 
482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 2, 1998, and February 19, 1999, Commerce published in 
the Federal Register notices of the AD order on mushrooms from Chile 
and the AD orders on mushrooms from India, Indonesia, and China, 
respectively.\1\ On August 4, 2020, Commerce published the initiation 
of the fourth sunset review of the AD Orders on mushrooms from Chile, 
India, Indonesia, and China, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\ On August 18, 2020, Commerce 
received timely and complete notices of intent to participate in these 
sunset reviews from Giorgio Foods, Inc., L.K. Bowman Co., a division of 
Hanover Foods Corporation, Sunny Dell Foods, LLC, and the Mushroom 
Company (collectively, domestic interested parties), within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic

[[Page 78307]]

interested parties claimed interested party status within the meaning 
of section 771(9)(C) of the Act as U.S. producers in the United States 
of the domestic like product.\4\
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    \1\ See Notice of Antidumping Duty Order: Certain Preserved 
Mushrooms from Chile, 63 FR 66529 (December 2, 1998); Notice of 
Amendment of Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order: Certain Preserved Mushrooms from India, 
64 FR 8311 (February 19, 1999); Notice of Antidumping Duty Order: 
Certain Preserved Mushrooms from Indonesia, 64 FR 8310 (February 19, 
1999); and Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Preserved 
Mushrooms from the People's Republic of China, 64 FR 8308 (February 
19, 1999). The AD orders on Chile, India, Indonesia, and China are 
collectively referred to as AD Orders.
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 
(August 4, 2020).
    \3\ See Domestic Interested Parties' Letter, ``Five-Year 
(``Sunset'') Review of Antidumping Duty Orders on Certain Preserved 
Mushrooms from Chile, India, Indonesia, and the People's Republic of 
China--Domestic Interested Parties' Notice of Intent to 
Participate,'' dated August 18, 2020 (Intent to Participate).
    \4\ See Intent to Participate at 3.
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    On September 2, 2020, the domestic interested parties filed timely 
and adequate substantive responses, within the deadline specified in 19 
CFR 351.218(d)(3)(i).\5\ Commerce did not receive substantive responses 
from any respondent interested party with respect to any of the AD 
Orders covered by these sunset reviews. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted expedited (120-day) sunset reviews of the AD Orders.
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    \5\ See Domestic Interested Party's Letters, ``Five-Year (Fourth 
Sunset) Review of Antidumping Duty Order on Certain Preserved 
Mushrooms from Chile--Domestic Interested Parties' Substantive 
Response to Notice of Initiation,'' dated September 2, 2020; ``Five-
Year (Fourth Sunset) Review of the Antidumping Duty Order on Certain 
Preserved Mushrooms from India--Domestic Interested Parties' 
Substantive Response to Notice of Initiation,'' dated September 2, 
2020; ``Five-Year (Fourth Sunset) Review of the Antidumping Duty 
Order on Certain Preserved Mushrooms from Indonesia--Domestic 
Interested Parties' Substantive Response to Notice of Initiation,'' 
dated September 2, 2020; and ``Five-Year (Sunset) Review of the 
Antidumping Duty Order on Certain Preserved Mushrooms from the 
People's Republic of China--Domestic Interested Parties' Substantive 
Response to Notice of Initiation,'' dated September 2, 2020.
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Scope of the Orders

    The merchandise covered by the AD Orders is certain preserved 
mushrooms from Chile, India, Indonesia, and China. The subject 
merchandise is provided for in subheadings 2003.10.0127, 2003.10.0131, 
2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, and 
0711.51.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope is dispositive. 
A full description of the scope of the AD Orders is contained in the 
accompanying Issues and Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Sunset Reviews of the Antidumping Duty Orders on Certain 
Preserved Mushrooms from Chile, India, Indonesia, and the People's 
Republic of China, '' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping in 
the event of revocation of the AD Orders and the magnitude of the 
margins likely to prevail if the AD Orders were to be revoked, is 
provided in the Issues and Decision Memorandum. A list of the topics 
discussed in the Issues and Decision Memorandum is attached as an 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Orders on mushrooms from 
Chile, India, Indonesia, and China would be likely to lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins of 
up to 148.51 percent for Chile, 243.87 percent for India, 16.24 percent 
for Indonesia, and 198.63 percent for China.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective orders, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).

    Dated: November 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the AD Orders
IV. History of the AD Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2020-26728 Filed 12-3-20; 8:45 am]
BILLING CODE 3510-DS-P