[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Pages 14076-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05188]


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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: Continuation of the Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) in 
their five year (sunset) reviews 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 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the AD orders on mushrooms from Chile, India, 
Indonesia, and China.

DATES: Applicable March 12, 2021.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Katherine 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 August 3 and 4, 2020, respectively, the ITC instituted \1\ and 
Commerce initiated \2\ five-year (sunset) reviews of the AD orders on 
mushrooms from Chile, India, Indonesia, and China, pursuant to sections 
751(c) and 752 of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, Commerce determined that revocation of the AD 
orders on mushrooms from Chile, India, Indonesia, and China would 
likely lead to a continuation or recurrence of dumping. Therefore, 
Commerce notified the ITC of the magnitude of the margins of dumping 
likely to prevail were the orders to be revoked.\3\
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    \1\ See Certain Preserved Mushrooms from Chile, China, India, 
and Indonesia; Institution of Five-Year Reviews, 85 FR 46725 (August 
3, 2020).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 47185 
(August 4, 2020).
    \3\ See Certain Preserved Mushrooms from Chile, India, Indonesia 
and the People's Republic of China: Final Results of Expedited 
Sunset Reviews of Antidumping Duty Orders, 85 FR 78306 (December 4, 
2020).
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    On March 5, 2021, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the AD orders 
on mushrooms from Chile, India, Indonesia, and China would likely lead 
to a continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\4\
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    \4\ See Preserved Mushrooms from Chile, China, India, and 
Indonesia; Determinations, 86 FR 12969 (March 5, 2021).
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Scope of the Orders

    The merchandise subject to the orders is certain preserved 
mushrooms, whether imported whole, sliced, diced, or as stems and 
pieces. The preserved mushrooms covered under these orders are the 
species Agaricus bisporus and Agaricus bitorquis. ``Preserved 
mushrooms'' refer to mushrooms that have been prepared or preserved by 
cleaning, blanching, and sometimes slicing or cutting. These mushrooms 
are then packed and heated in containers including but not limited to 
cans or glass jars in a suitable liquid medium, including but not 
limited to water, brine, butter or butter sauce. Preserved mushrooms 
may be imported whole, sliced, diced, or as stems and pieces. Included 
within the scope of these orders are ``brined'' mushrooms, which are 
presalted and packed in a heavy salt solution to provisionally preserve 
them for further processing.
    Excluded from the scope of these orders are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms;'' (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.\5\
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    \5\ On June 19, 2000, Commerce confirmed that ``marinated,'' 
``acidified,'' or ``pickled'' mushrooms containing less than 0.5 
percent acetic acid are within the scope of the AD order on 
mushrooms from China. See ``Recommendation Memorandum-Final Ruling 
of Request by Tak Fat, et al. for Exclusion of Certain Marinated, 
Acidified Mushrooms from the Scope of the Antidumping Duty Order on 
Certain Preserved Mushrooms from the People's Republic of China,'' 
dated June 19, 2000. On February 9, 2005, this decision was upheld 
by the United States Court of Appeals for the Federal Circuit. See 
Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir. 2005).
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    The merchandise subject to the orders is classifiable under 
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 the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of these orders is dispositive.

Continuation of the AD Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD orders on mushrooms from Chile, India, Indonesia, 
and China would likely lead to a continuation or recurrence of dumping, 
and material injury to an industry in the United States, pursuant to 
sections 751(c) and 751(d)(2) of the Act, Commerce hereby orders the 
continuation of the AD orders on mushrooms from Chile, India, 
Indonesia, and China. U.S. Customs and Border Protection will continue 
to collect AD cash deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of the orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, Commerce intends to initiate the next five-year 
reviews of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3).

[[Page 14077]]

Failure to comply is a violation of the APO which may be subject to 
sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: March 5, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-05188 Filed 3-11-21; 8:45 am]
BILLING CODE 3510-DS-P