[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69817-69820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27972]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Results and Rescission in Part of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: November 21, 2013.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain
preserved mushrooms from the People's Republic of China (PRC) covering
the period of review (POR) February 1, 2012, through January 31, 2013.
The Department has preliminarily applied facts otherwise available with
an
[[Page 69818]]
adverse inference (AFA) to the PRC-wide entity because an element of
the entity, Blue Field (Sichuan) Food Industrial Co., Ltd. (Blue
Field), failed to act to the best of its ability in complying with the
Department's request for information in this review and, consequently,
significantly impeded the proceeding. In addition, the Department is
rescinding this administrative review in part with respect to certain
exporters for which all review requests have been withdrawn.
FOR FURTHER INFORMATION CONTACT: Deborah Scott, Michael J. Heaney, or
Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-2657, (202) 482-4475, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this antidumping order are certain
preserved mushrooms, whether imported whole, sliced, diced, or as stems
and pieces. 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). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of this order is dispositive.\1\
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\1\ For a complete description of the scope of the order, see
``Certain Preserved Mushrooms from the People's Republic of China:
Decision Memorandum for the Preliminary Results of the 2012-2013
Administrative Review,'' dated concurrently with this notice and
incorporated herein by reference (Preliminary Decision Memorandum).
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Tolling of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary results of this
review is now November 18, 2013.
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). AFA has
been applied to the PRC-wide entity in accordance with section 776 of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Review
For those exporters named in the Initiation Notice \3\ that are not
part of the PRC-wide entity for which all review requests have been
withdrawn, we are rescinding this administrative review, in accordance
with 19 CFR 351.213(d)(1). The exporters for which we are rescinding
this review include: (1) Fujian Golden Banyan Foodstuffs Industrial
Co., Ltd. (Golden Banyan); \4\ (2) Guangxi Hengyong Industrial &
Commercial Dev. Ltd.; (3) Guangxi Jisheng Foods, Inc.; (4) Linyi City
Kangfa Foodstuff Drinkable Co., Ltd.; (5) Zhangzhou Gangchang Canned
Foods Co., Ltd. (aka Zhangzhou Gangchang Canned Foods Co., Ltd.,
Fujian); \5\ and (6) Zhangzhou Tongfa Foods Industry, Co., Ltd. These
exporters have separate rates from a prior segment of this proceeding.
Therefore, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2).
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
19197 (March 29, 2013) (Initiation Notice).
\4\ The Department considers Golden Banyan to be distinct from
another company with a similar name for which a review was
originally requested, Zhangzhou Golden Banyan Foodstuffs Industrial
Co., Ltd. (Zhangzhou Golden Banyan). In the administrative review
covering the period February 1, 2010 through January 31, 2011, the
Department calculated a separate rate for Golden Banyan, 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). The record of this review does not
contain any evidence that suggests these two companies should be
considered a single entity.
\5\ Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian was found
to be the name of the company initially referenced by that party and
the Department as Zhangzhou Gangchang Canned Foods Co., Ltd. See
Certain Preserved Mushrooms from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Reviews, 74 FR
14772 (April 1, 2009), unchanged in Certain Preserved Mushrooms from
the People's Republic of China: Final Results of Antidumping Duty
New Shipper Reviews 74 FR 28882 (June 18, 2009). The record of this
review does not contain any evidence that contradicts this finding.
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Intent Not To Rescind Review in Part
We have received withdrawal of review requests for the following
exporters that remain a part of the PRC-wide entity, which is currently
under review: (1) Ayecue (Liaocheng) Foodstuff Co., Ltd.; (2) China
National Cereals, Oils & Foodstuffs Import & Export Corp.; (3) China
Processed Food Import & Export Co.; (4) Dujiangyan Xingda Foodstuff
Co., Ltd.; (5) Fujian Pinghe Baofeng Canned Foods; (6) Fujian Yuxing
Fruits and Vegetables Foodstuffs Development Co., Ltd.; (7) Fujian
Zishan Group Co., Ltd.; (8) Guangxi Eastwing Trading Co., Ltd.; (9)
Inter-Foods (Dongshan) Co., Ltd.; (10) Longhai Guangfa Food Co., Ltd.;
(11) Primera Harvest (Xiangfan) Co., Ltd.; (12) Shandong Fengyu Edible
Fungus Corporation Ltd.; (13) Shandong Jiufa Edible Fungus Corporation,
Ltd.; (14) Shandong Yinfeng Rare Fungus Corporation, Ltd.; (15) Sun
Wave Trading Co., Ltd.; (16) Xiamen Greenland Import & Export Co.,
Ltd.; (17) Xiamen Gulong Import & Export Co., Ltd.; (18) Xiamen Jiahua
Import & Export Trading Co., Ltd.; (19) Xiamen Longhuai Import & Export
Co., Ltd.; (20) Zhangzhou Golden Banyan; (21) Zhangzhou Long Mountain
Foods Co., Ltd.; (22) Zhejiang Iceman Food Co., Ltd.; \6\ and (23)
Zhejiang Iceman Group Co., Ltd.
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\6\ The Department has found that Zhejiang Iceman Food Co., Ltd.
should be equated with Zhejiang Iceman Group Co., Ltd. See Certain
Preserved Mushrooms From the People's Republic of China: Amended
Final Results of Antidumping Duty Administrative Review, 76 FR 70112
(November 10, 2011). The record of this review does not contain any
evidence that contradicts this finding.
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For those exporters named in the Initiation Notice for which all
review requests have been withdrawn, but which have not previously
received
[[Page 69819]]
separate rate status, the Department's practice is to refrain from
rescinding the review with respect to these exporters at this time.\7\
As stated above, requests for review of several exporters belonging to
the PRC-wide entity were timely withdrawn. While the requests for
review were timely withdrawn, the exporters remain part of the PRC-wide
entity. The PRC-wide entity is under review for these preliminary
results. Therefore, at this time, we are not rescinding this review
with respect to those exporters belonging to the PRC-wide entity for
which a request for review has been withdrawn.
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\7\ See, e.g., Small Diameter Graphite Electrodes From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 55680, 55681 (September 11,
2013).
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Preliminary Determination of No Shipments
Xiamen International Trade & Industrial Co., Ltd. (XITIC) and
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Zhangzhou Hongda)
submitted timely certifications of no shipments, entries, or sales of
subject merchandise during the POR. The Department issued a ``No
Shipment Inquiry'' to CBP to confirm that there were no entries of
subject merchandise exported by XITIC or Zhangzhou Hongda during the
POR. Based on the certifications and our analysis of CBP information,
we preliminary determine that XITIC and Zhangzhou Hongda did not have
any reviewable transactions during the POR. However, consistent with
our practice, the Department finds that it is not appropriate to
rescind the review with respect to XITIC and Zhangzhou Hongda, but
rather to complete the review of XITIC and Zhangzhou Hongda and issue
appropriate instructions to CBP based on the final results of the
review.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Preliminary Results of the Review
The Department has preliminarily determined that the following
weighted-average dumping margin exists for the period February 1, 2012
through January 31, 2013:
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Weighted- average
Exporter dumping margin
(percent)
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PRC-wide entity \9\................................. 308.33
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Public Comment and Opportunity To Request a Hearing
Interested parties may submit case briefs within 30 days after the
date of publication of this notice of preliminary results of the
review.\10\ Rebuttal briefs, which must be limited to issues raised in
the case briefs, must be filed within five days after the time limit
for filing case briefs.\11\ Parties who submit case briefs or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\12\ Interested parties submitting case and
rebuttal briefs should do so pursuant to the Department's electronic
filing system, IA ACCESS.\13\
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\9\ The PRC-wide entity includes, among other companies, Blue
Field (Sichuan) Food Industrial Co., Ltd.
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1)-(2).
\12\ See 19 CFR 351.309(c)(2), (d)(2).
\13\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of the
publication of this notice.\14\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral argument presentations will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\15\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the briefs, within 120 days after the
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
With regard to the partial rescission of this review, the
Department will instruct CBP to assess antidumping duties on all
appropriate entries. The Department intends to issue appropriate
partial rescission assessment instructions directly to CBP 15 days
after publication of these preliminary results of review in the Federal
Register.
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.\16\
For the PRC-wide entity, we will instruct CBP to assess antidumping
duties at an ad valorem rate equal to the weighted-average dumping
margin published in the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of this review in the Federal
Register.
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\16\ See 19 CFR 351.212(b).
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in U.S. sales databases submitted by
companies individually examined during the review, the Department will
instruct CBP to liquidate such entries at the PRC-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 that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\17\
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\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For any previously reviewed or
investigated PRC and non-PRC exporter not listed above that received a
separate rate in a previous segment of this proceeding, the cash
deposit rate will continue to be the existing exporter-specific rate
published for the most recently completed period; (2) for all PRC
exporters that have not
[[Page 69820]]
been found to be entitled to a separate rate, the cash deposit rate
will be that for the PRC-wide entity (i.e., 308.33 percent); and (3)
for all non-PRC exporters of 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 also serves as a preliminary 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 the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 15, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Partial Rescission of Review
5. Intent Not To Rescind Review in Part
6. Preliminary Determination of No Shipments
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. The PRC-Wide Entity
10. Adverse Facts Available
11. Conclusion
[FR Doc. 2013-27972 Filed 11-20-13; 8:45 am]
BILLING CODE 3510-DS-P