[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Notices]
[Pages 12150-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04643]
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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; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
ACTION: Notice.
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SUMMARY: On November 21, 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, 2012 through January 31, 2013.\1\ This review
covers the PRC-
[[Page 12151]]
wide entity, which includes Blue Field (Sichuan) Food Industrial Co.,
Ltd. (Blue Field), among other companies. The Department gave
interested parties an opportunity to comment on the Preliminary
Results, but we received no comments. Hence, these final results are
unchanged from the Preliminary Results. The final dumping margin for
this review is listed below in the ``Final Results of Review'' section
of this notice.
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\1\ See Certain Preserved Mushrooms From the People's Republic
of China: Preliminary Results and Rescission In Part of Antidumping
Duty Administrative Review; 2012-2013, 78 FR 69817 (November 21,
2013) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
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DATES: Effective March 4, 2014.
FOR FURTHER INFORMATION CONTACT: Deborah Scott 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 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 21, 2013, the Department published the Preliminary
Results of the instant review.\2\ By virtue of its failure to respond
to the Department's questionnaire, Blue Field failed to establish that
it was separate from the PRC-wide entity.\3\ Consequently, the
Department examined the PRC-wide entity, which included Blue Field,
among other companies, for the Preliminary Results and assigned the
entity a preliminary dumping margin of 308.33 percent.\4\ The dumping
margin applied to the PRC-wide entity was based on adverse facts
available because the Department determined that an element of the
entity, 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.\5\ We invited
interested parties to comment on the Preliminary Results.\6\ We
received no comments from interested parties.
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\2\ Id.
\3\ See Preliminary Decision Memorandum at 8-12.
\4\ Id.
\5\ Id.
\6\ See Preliminary Results, 78 FR at 69819.
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The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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 certain preserved mushrooms covered under this order
are the species Agaricus bisporus and Agaricus bitorquis. ``Certain
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.
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.
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.\7\
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\7\ 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).
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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.
Final Determination as to the PRC-Wide Entity
As explained above, in the Preliminary Results, the Department
found that the use of adverse facts available is warranted with respect
to the PRC-wide entity.\8\
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\8\ See Preliminary Decision Memorandum at 8-12.
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Also in the Preliminary Results, consistent with its practice,\9\
the Department stated its intent not to rescind the review for the
following exporters that remain a part of the PRC-wide entity: (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 Foodstuffs Industrial Co., Ltd.
(Zhangzhou Golden Banyan); \10\ (21) Zhangzhou Long Mountain Foods Co.,
Ltd.; (22) Zhejiang Iceman Food Co., Ltd.; \11\ and (23) Zhejiang
Iceman Group Co., Ltd. We explained that, although the requests for
review of these exporters were timely withdrawn, we would not rescind
the review with respect to these exporters because the PRC-wide entity
remains under review.\12\
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\9\ 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).
\10\ The Department considers Zhangzhou Golden Banyan to be
distinct from another company with a similar name for which a review
was originally requested, Fujian Golden Banyan Foodstuffs Industrial
Co., Ltd. (Golden Banyan). In the administrative review covering the
period February 1, 2010 through January 31, 2011, the Department
considered Zhangzhou Golden Banyan to remain a part of the PRC-wide
entity, while it calculated a separate rate for Golden Banyan. 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. In the Preliminary Results, we rescinded this
administrative review with respect to Golden Banyan because it has a
separate rate and all review requests had been withdrawn for Golden
Banyan. See Preliminary Results, 78 FR at 69818.
\11\ The Department 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 Court of International Trade upheld that
finding. See Xiamen Int'l Trade & Indus. Co., Ltd. v. United States,
No. 11-00411, 2013 WL 6728248, at *14-15 (Ct. Int'l Trade Dec. 20,
2013). The record of this review does not contain any evidence that
contradicts this finding.
\12\ See Preliminary Results, 78 FR at 69818-19.
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After issuing the Preliminary Results, the Department received no
comments
[[Page 12152]]
from interested parties, nor has it received any information that would
cause it to revisit its preliminary determinations as to the PRC-wide
entity. Therefore, for these final results, the Department continues to
find that Blue Field and the other 23 exporters named in this section
are part of the PRC-wide entity and that the use of adverse facts
available is warranted with respect to the PRC-wide entity.
Final Determination of No Shipments
In the Preliminary Results, we determined that Xiamen International
Trade & Industrial Co., Ltd. (XITIC) and Zhangzhou Hongda Import &
Export Trading Co., Ltd. (Zhangzhou Hongda) did not have any reviewable
transactions during the period of review (POR) because (1) XITIC and
Zhangzhou Hongda submitted timely certifications of no shipments,
entries, or sales of subject merchandise during the POR and (2) We did
not receive any information from U.S. Customs and Border Protection
(CBP) indicating that there were reviewable transactions for XITIC or
Zhangzhou Hongda during the POR.\13\ Consistent with the Department's
assessment practice in non-market economy cases,\14\ we stated in the
Preliminary Results that the Department would not rescind the review in
these circumstances, but rather would complete the review with respect
to XITIC and Zhangzhou Hongda and issue appropriate instructions to CBP
based on the final results of the review.\15\
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\13\ Id., 78 FR at 69819.
\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
\15\ See Preliminary Results, 78 FR at 69819.
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As stated above, we did not receive any comments on our Preliminary
Results, nor have we received any information that would cause us to
revisit our preliminary determinations as to no shipments. Accordingly,
in these final results, we continue to determine that XITIC and
Zhangzhou Hongda had no reviewable transactions of subject merchandise
during the POR.
Final Results of Review
The Department determined that the following dumping margin exists
for the period February 1, 2012 through January 31, 2013:
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Dumping
Exporter margin
(percent)
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PRC-wide entity\16\....................................... 308.33
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\16\ The PRC-wide entity includes, among other exporters, Blue Field.
Assessment Rates
The Department determined, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review.\17\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
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\17\ See 19 CFR 351.212(b).
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For the PRC-wide entity, the Department will instruct CBP to assess
antidumping duties on entries of subject merchandise at the PRC-wide
rate of 308.33 percent.
Additionally, consistent with the Department's refinement to its
assessment practice in NME cases, because the Department determined
that XITIC and Zhangzhou Hongda had no reviewable transactions of
subject merchandise during the POR, any suspended entries that entered
under XITIC's or Zhangzhou Hongda's antidumping duty case numbers
(i.e., at those exporters' rates) will be liquidated at the PRC-wide
rate.\18\
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\18\ See Assessment Practice Refinement, 76 FR 65694.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice of
final results of the administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For XITIC and Zhangzhou Hongda, which
claimed no shipments, the cash deposit rate will remain unchanged from
the rate assigned to each exporter in the most recently-completed
review of each exporter; (2) For any previously investigated or
reviewed PRC and non-PRC exporters which are not under review in this
segment of the proceeding that received a separate rate in a previous
segment of this proceeding, the cash deposit rate will continue to be
the exporter-specific rate published for the most recently-completed
period; (3) For all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, including Blue Field, the
cash deposit rate will be that for the PRC-wide entity (i.e., 308.33
percent); and (4) 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(s) 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 Department'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 disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: February 25, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04643 Filed 3-3-14; 8:45 am]
BILLING CODE 3510-DS-P