[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