[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Notices]
[Pages 52300-52301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20985]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-813]
Certain Preserved Mushrooms From India: Notice of Rescission of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding its
administrative review of the antidumping duty order on certain
preserved mushrooms (mushrooms) from India for the period February 1,
2013, through January 31, 2014 (POR).
DATES: Effective September 3, 2014.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Terre Keaton
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4929 or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2014, the Department published in the Federal
Register a notice of ``Opportunity to Request Administrative Review''
of the antidumping duty order on mushrooms from India for the POR.\1\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 79 FR 6159 (February 3, 2014).
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On February 28, 2014, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the
Department received
[[Page 52301]]
timely requests from Monterey Mushrooms Inc. and Sunny Dell Foods Inc.,
(the petitioners), to conduct an administrative review of the sales of
Agro Dutch Industries Limited (Agro Dutch); Himalya International Ltd.
(Himalya); Hindustan Lever Ltd. (formerly Ponds India, Ltd.)
(Hindustan); Transchem Ltd. (Transchem); and Weikfield Foods Pvt. Ltd
(Weikfield).
On April 1, 2014, the Department published in the Federal Register
a notice of initiation of an administrative review of the antidumping
duty order on mushrooms from India with respect to the above-named
companies.\2\
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\2\ See Initiation of Antidumping Duty Administrative Reviews
and Request for Revocation in Part, 79 FR 18262 (April 1, 2014)
(Initiation Notice).
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The Department stated in its initiation of this review that it
intended to rely on U.S. Customs and Border Protection (CBP) data to
select respondents.\3\ However, our review of the CBP database, with
respect to the companies for which reviews were requested, showed no
entries of mushrooms originating in India, subject to antidumping
duties and countervailing duties (AD/CVD), during the POR.\4\
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\3\ See Initiation Notice.
\4\ See April 1, 2014, Memorandum to the File entitled ``Release
of Customs and Border Protection (CBP) Data.''
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On April 4, 2014, we sent a ``No Shipments Inquiry'' to CBP to
confirm that there were no shipments or entries of mushrooms from India
during the POR from the companies subject to review. We received no
information from CBP to contradict the results of our data query.
On April 17, 2014, we received a no shipment claim for the POR from
Weikfield.
On May 21, 2014, Sunny Dell Food Inc. timely withdrew its request
for a review of all five companies named above. On June 3, 2014,
Monterey Mushrooms timely withdrew its request for a review of Agro
Dutch, Hindustan, Transchem and Weikfield.
On June 6, 2014, Monterey Mushrooms placed on the record shipment
manifest data that suggested that Himalya may have exported subject
merchandise to the United States during the POR. Monterey Mushrooms
requested that the Department work with CBP to determine whether
Himalya, in fact, exported subject merchandise to the United States
during the POR and, if appropriate, to conduct a review of Himalya's
POR shipments
On June 30, 2014, we rescinded the review, in part, with respect to
Agro Dutch, Hindustan, Transchem, and Weikfield.\5\
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\5\ See Certain Preserved Mushrooms from India: Partial
Rescission of Antidumping Duty Administrative Review; 2013-2014, 79
FR 36720 (June 30, 2014).
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On August 12, 2014, we issued a memorandum stating that because the
CBP data query showed there are no suspended entries from Himalya
subject to this review upon which to assess duties, we intend to
rescind this review.\6\ Also on August 12, 2014, consistent with this
memorandum, we referred to CBP the matter raised in Monterey Mushrooms'
June 6, 2014, submission.\7\ We invited parties to comment on our
intent to rescind this administrative review. We did not receive
comments from any interested party.
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\6\ See August 12, 2014, Memorandum to James Maeder, Director,
Office II, AD/CVD Operations, entitled ``Intent to Rescind
Administrative Review.''
\7\ See August 12, 2014, Letter from James Maeder, Director,
Office II, Antidumping/Countervailing Duty Operations, Enforcement
and Compliance, to Cynthia Whittenburg, Executive Director, Office
of International Trade, CBP.
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Rescission of Review
It is the Department's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR for which liquidation is
suspended.\8\ At the end of the administrative review, the suspended
entries are liquidated at the assessment rate computed for the review
period.\9\ Therefore, for an administrative review to be conducted
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate. Because the CBP data query showed
there are no suspended entries from the company subject to this review
upon which to assess duties, we are rescinding this review of the
antidumping duty order on mushrooms from India pursuant to 19 CFR
351.213(d)(3). The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
this notice.
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\8\ See, e.g., Certain Frozen Warmwater Shrimp From Brazil:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 32498 (June 1, 2012); and Certain Steel Concrete Reinforcing Bars
From Turkey; Preliminary Results of Antidumping Duty Administrative
Review, 67 FR 21634 (May 1, 2002), unchanged in Certain Steel
Concrete Reinforcing Bars From Turkey; Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 67 FR 66110
(October 30, 2002).
\9\ See 19 CFR 351.212(b)(1). See also section 751(a)(2)(A) of
the Act.
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Notifications
This notice serves as a final reminder to importers for whom this
review is being rescinded of their responsibility under 19 CFR
351.402(f)(2) to file a certificate regarding the reimbursement of
antidumping duties prior to liquidation of the relevant entries during
this review period. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of the
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This notice is published in accordance with section 751 of the Act,
and 19 CFR 351.213(d)(4).
Dated: August 27, 2014.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2014-20985 Filed 9-2-14; 8:45 am]
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