[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34037-34039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13431]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 6, 2013.
SUMMARY: On March 12, 2013, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on certain
preserved mushrooms from the People's Republic of China (PRC) covering
the period February 1, 2011, through January 31, 2012.\1\ This review
covers the following three companies: Blue Field (Sichuan) Food
Industrial Co., Ltd. (Blue Field); Dujiangyan Xingda Foodstuffs Co.,
Ltd. (Xingda); and Zhejiang Iceman Group (Iceman Group). We provided
interested parties an opportunity to comment on the Preliminary
Results. We received no comments. The Final Results are unchanged from
the Preliminary Results. The final weighted-average dumping margins for
this review are listed below in the ``Final Results of Review'' section
of this notice.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 15683 (March 12, 2013) (Preliminary
Results).
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, or Robert James,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
2475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 2013, the Department published the Preliminary Results
of the instant review.\2\ By virtue of their failure to respond to our
antidumping questionnaire, Xingda and Iceman Group failed to establish
that they are separate from the PRC-wide entity.\3\ Consequently, the
Department examined the PRC-wide entity, which included Xingda and
Iceman Group, among other companies, for the Preliminary Results and
assigned a preliminary weighted-average dumping margin of 308.33
percent.\4\
---------------------------------------------------------------------------
\2\ Id.
\3\ See March 4, 2013 ``Memorandum for the Preliminary Results
in the Administrative Review: Certain Preserved Mushrooms from the
Peopler's Republic of China'' (Preliminary Decision Memorandum) at
8-11.
\4\ Id.
---------------------------------------------------------------------------
We invited interested parties to comment on the Preliminary
Results.\5\ We received no comments from interested parties.
---------------------------------------------------------------------------
\5\ See Preliminary Results, 78 FR at 15685.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain preserved mushrooms,
whether imported whole, sliced, diced, or as stems and pieces. The
certain preserved mushrooms covered under this order are the species
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved
Mushrooms'' refers 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. Certain preserved
mushrooms may be imported whole, sliced, diced, or as stems and pieces.
Included within the scope of this order are ``brined'' mushrooms, which
are presalted and packed in a heavy salt solution to provisionally
preserve them for further processing.\6\
---------------------------------------------------------------------------
\6\ On June 19, 2000, the Department affirmed that
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing
less than 0.5 percent acetic acid are within the scope of the
antidumping duty order. 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, the United States Court of
Appeals for the Federal Circuit upheld this decision. See Tak Fat v.
United States, 396 F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------
Excluded from the scope of this order 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.
The merchandise subject to this order 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).
[[Page 34038]]
Although the HTSUS subheadings are provided for convenience and Customs
purposes, the written description of the scope of this order is
dispositive.
Final Determination Not To Rescind Review in Part
In the Preliminary Results, consistent with its practice,\7\ the
Department stated its intent not to rescind the review for the
following companies that remain a part of the PRC-wide entity: (1)
China National Cereals, Oils & Foodstuffs Import & Export Corp.; (2)
China Processed Food Import & Export Co.; (3) Fujian Pinghe Baofeng
Canned Foods; (4) Fujian Yuxing Fruits and Vegetables Foodstuffs
Development Co., Ltd.; (5) Fujian Zishan Group Co., Ltd.; (6) Guangxi
Eastwing Trading Co., Ltd.; (7) Inter-Foods (Dongshan) Co., Ltd.; (8)
Longhai Guangfa Food Co., Ltd.; (9) Primera Harvest (Xiangfan) Co.,
Ltd.; (10) Shandong Fengyu Edible Fungus Corporation Ltd.; (11) Sun
Wave Trading Co., Ltd.; (12) Xiamen Greenland Import & Export Co.,
Ltd.; (13) Xiamen Gulong Import & Export Co., Ltd.; (14) Xiamen Jiahua
Import & Export Trading Co., Ltd.; (15) Xiamen Longhuai Import & Export
Co., Ltd.; (16) Zhangzhou Long Mountain Food Co., Ltd.; and (17)
Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.\8\ At that
time, we explained that, although the Department received withdrawal of
review requests for these companies, we would not rescind the reviews
because the PRC-wide entity remains under review.\9\ Since the
Preliminary Results, the Department has not received any information
that would cause it to revisit its preliminary determination not to
rescind the review with respect to these companies. Accordingly,
consistent with its practice, the Department will issue appropriate
instructions to U.S. Customs and Border Protection (CBP) for any
entries made by these companies during the period of review (POR).
---------------------------------------------------------------------------
\7\ See, e.g., Handtrucks and Certain Parts Thereof from the
People's Republic of China: Preliminary Results of the 2010-2011
Antidumping Duty Administrative Review, 78 FR 1835 (January 9,
2013), and accompanying Preliminary Decision Memorandum at 3.
\8\ The Department considers Zhangzhou Golden Banyan to be
distinct from another company with a similar name for which a review
was requested, Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.
In the immediately-preceding review, the Department calculated a
separate rate for Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd., while it considered Zhangzhou Golden Banyan to remain a part
of the PRC-wide entity. See Certain Preserved Mushrooms From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 77 FR 55808 (September 11, 2012).
\9\ See Preliminary Results, 77 FR at 15684-85.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, consistent with its practice, the
Department stated its intent to continue the review of the following
companies that claimed no reviewable transactions during the POR: (1)
Guangxi Hengyong Industrial & Commercial Dev., Ltd. (Guangxi Hengyong);
(2) Zhangzhou Tongfa Foods Industry Co., Ltd (Zhangzhou Tongfa); (3)
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Zhangzhou Hongda);
and (4) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.\10\
Subsequent to the Preliminary Results, no information was submitted on
the record that would cause the Department to revisit its preliminary
determination of no shipments by these companies. Accordingly,
consistent with its practice,\11\ the Department will issue appropriate
instructions to CBP for any entries made by these companies during the
POR.
---------------------------------------------------------------------------
\10\ Id.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Final Results of Review
The Department has determined that the following dumping margins
exist for the period February 1, 2011, through January 31, 2012:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Blue Field (Sichuan) Food Industrial Co., Ltd.............. 102.11
PRC-wide entity \12\....................................... 308.33
------------------------------------------------------------------------
Disclosure
We will disclose calculation memoranda used in our analysis to
parties to this proceeding within five days of the date of publication
of this notice pursuant to 19 CFR 351.224(b).
---------------------------------------------------------------------------
\12\ The PRC-wide entity includes, among other companies:
Dujiangyan Xingda Foodstuffs Co., Ltd., Zhejiang Iceman Group Co.,
Ltd., Ayecue (Liaocheng) Foodstuffs Co., Ltd., and Shandong Jiufa
Edible Fungus Corporation, Ltd.
---------------------------------------------------------------------------
Assessment Rates
The Department has determined, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review.\13\ The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of these final results of review.
---------------------------------------------------------------------------
\13\ See section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act); 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific (or customer-specific) assessment rates for merchandise
subject to this review for any individually examined respondents whose
weighted-average dumping margin is above de minimis (i.e., 0.5
percent).\14\ Blue Field did not report entered values for its U.S.
sales. Accordingly, we calculated a per-unit assessment rate for each
of Blue Field's importers (or customers) by dividing the total dumping
margins for reviewed sales to that importer by the kilogram weight of
those transactions. For assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit dumping margin.
---------------------------------------------------------------------------
\14\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department recently announced a refinement to its assessment
practice in non-market economy (NME) cases.\15\ Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under the exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.\16\
---------------------------------------------------------------------------
\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\16\ See id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise entered or withdrawn
from warehouse, for consumption, on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for the companies subject to this review will be equal to the
respective weighted-average dumping margin established in the final
results of this review; (2) for previously investigated or reviewed
companies not listed above that have their own rates, the cash deposit
rate will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the
exporter participated; (3) for all other PRC exporters that have not
been found to be entitled to a separate rate, the cash
[[Page 34039]]
deposit rate will be that for the PRC-wide entity (i.e., 308.33
percent); and (4) for all non-PRC exporters of the subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporter that supplied the non-PRC
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers 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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-13431 Filed 6-5-13; 8:45 am]
BILLING CODE 3510-DS-P