[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71746-71748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28462]
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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 of Antidumping Duty Administrative Review; 2013/
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 3, 2014.
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 February 1, 2013, through January 31, 2014. We preliminarily
determine that sales made by Linyi City Kangfa Foodstuff Drinkable Co.,
Ltd. (Kangfa), and Zhangzhou Gangchang Canned Foods Co., Ltd.
(Gangchang) were made below normal value (NV). We invite interested
parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: 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-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
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. 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\ See Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Certain Preserved
Mushrooms from the People's Republic of China; 2013/2014 from
Christian Marsh Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated November 25, 2014 (Preliminary
Decision Memorandum), issued concurrently with and hereby adopted by
this notice.
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No Shipments Certification
On June 2, 2014, (1) Dezhou Kaihang Agricultural Science Technology
Co., Ltd., (Dezhou Kaihang), (2) Fujian Haishan Foods Co., Ltd. (Fujian
Haishan), (3) Fujian Pinghe Baofeng Canned Foods (Fujian Pinghe), (4)
Fujian Zishan Group Co., Ltd. (Fujian Zishan), 5) Inter-Foods
(Dongshan) Co., Ltd. (Inter-Foods), (6) Xiamen Longhuai Import & Export
Co., Ltd. (Xiamen Longhuai), (7) Xiamen International Trade &
Industrial Co., Ltd. (XITIC), and (8) Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Zhangzhou Hongda) submitted no shipment
certifications. Both XITIC and Zhangzhou Hongda currently have separate
rate status. Accordingly, on October 17, 2014, the Department sent an
inquiry to U.S. Customs and Border Protection (CBP) to determine
whether CBP entry data is consistent with the no shipments
certifications from XITIC and Zhangzhou Hongda. The Department received
no information contrary to either XITIC's or Zhangzhou Hongda's claims
of no shipments. Based on the no-shipment certifications and our
analysis of the CBP information, we preliminary determine that both
XITIC and Zhangzhou Hongda did not have any reviewable transactions
during the POR. In addition, for both XITIC and Zhangzhou Hongda, the
Department finds that consistent with its recently announced refinement
to its assessment practice in non-market economy (NME) cases, it is
appropriate not to rescind the review in part in this circumstance but,
rather, to complete the review with respect to both XITIC and Zhangzhou
Hongda and issue appropriate instructions to CBP based on the final
results of the review.\2\ However, since Dezhou Kaihang, Fujian
Haishan, Fujian Pinghe, Fujian Zishan, Inter-Foods, and Xiamen Longhuai
were part of the PRC-wide entity at the outset of this administrative
review, and continue to be part of the PRC-wide entity in this
administrative review, we are not making a determination of no
shipments with respect to Dezhou Kaihang, Fujian Haishan, Fujian
Pinghe, Fujian Zishan, Inter-Foods, and Xiamen Longhuai for the
preliminary results of the instant administrative review.
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\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, please
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 (ACCESS).\3\
[[Page 71747]]
ACCESS is available to registered users at https://access.trade.gov and
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 on the
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\3\ On November 24, 2014, Enforcement and Compliance's AD and
CVD Centralized Electronic Service System (``IA ACCESS'') to AD and
CVD Centralized Electronic Service System (``ACCESS''). The Web site
location was changed from http://iaacess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the
Regulations can be found at 79 FR 69046 (November 20, 2014).
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Background
On April 1, 2014, the Department published in the Federal Register,
a notice of initiation of the antidumping duty administrative review of
mushrooms from the PRC for the period February 1, 2013, through January
31, 2014, with respect to the 52 companies named in the review requests
submitted by interested parties.\4\ The Department has selected Kangfa
and Gangchang as mandatory respondents,\5\ and the separate rates
calculated for both of these exporters are listed infra. Additionally,
the Department has preliminarily determined that both XITIC and
Zhangzhou Hongda did not have any reviewable transactions during the
POR. As a result of our preliminary determination of no shipments for
XITIC and Zhangzhou Hongda, these companies retain their most recently
determined separate rate, as do the two selected mandatory respondents,
Kangfa and Gangchang. The Department preliminarily determines that the
remaining 48 exporters did not demonstrate their eligibility for
separate rate status in this review.\6\ As a result, the Department is
preliminarily treating these 48 PRC exporters as part of the PRC-wide
entity.
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, Request for Revocation in Part, 79 FR 18262
(April 1, 2014) (``Initiation Notice'').
\5\ See Memorandum to Richard Weible, Director, AD/CVD
Operations, Office VI, from Mike Heaney and Tyler Weinhold, AD/CVD
Operations, Office VI, Subject: ``Administrative Review of the
Antidumping Duty Order on Certain Preserved Mushrooms from the
People's Republic of China: Respondent Selection Memorandum,'' dated
May 23, 2014.
\6\ These 48 exporters are: (1)Ayecue (Liaocheng) Foodstuff Co.,
Ltd., (2) Blue Field (Sichuan) Food Industrial Co., Ltd., (3) China
National Cereals, Oils & Foodstuffs Import & Export Corp., (4) China
Processed Food Import & Export Co., (5) Dalian J&N Foods Co., Ltd.,
(6) Dezhou Kaihang Agricultural Science Technology Co., Ltd., (7)
Dujiangyan Xingda Foodstuff Co., Ltd., (8) Fujian Dongshan Changlong
Trade Co., Ltd., (9) Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd., (10) Fujian Haishan Foods Co., Ltd., (11) Fujian Pinghe
Baofeng Canned Foods, (12) Fujian Tongfa Foods Group Co., Ltd., (13)
Fuzhou Sunshine Imp. & Exp. Co., Ltd., (14) Fujian Yuxing Fruits and
Vegetables Foodstuffs Development Co., Ltd., (15) Fujian Zishan
Group Co., Ltd., (16) Golden Banyan Foodstuffs Co., Ltd., (17)
Guangxi Eastwing Trading Co., Ltd., (18) Guangxi Hengyong Industrial
& Commercial Dev. Ltd., (19) Guangxi Jisheng Foods, Inc., (20)
Inter-Foods (Dongshan) Co., Ltd., (21) Longhai Guangfa Food Co.,
Ltd., (22) Longhai Jiasheng Food Co., Ltd., (23) Primera Harvest
(Xiangfan) Co., Ltd., (24) Qingdao Canned Foods Co., Ltd., (25)
Shandong Fengyu Edible Fungus Corporation Ltd., (26) Shandong Jiufa
Edible Fungus Corporation, Ltd., (27) Shandong Yinfeng Rare Fungus
Corporation, Ltd., (28) Synehon (Xiamen) Trading Co., Ltd., (29) Sun
Wave Trading Co., Ltd., (30) Xiamen Carre Food Co., Ltd., (31)
Xiamen Choice Harvest Imp., (32) Xiamen Greenland Import & Export
Co., Ltd., (33) Xiamen Gulong Import & Export Co., Ltd., (34) Xiamen
Gulong Import Export Co. Ltd., (35) Xiamen Jiahua Import & Export
Trading Co., Ltd., (36) Xiamen Longhuai Import & Export Co., Ltd.,
(37) Xiamen Sungiven Import & Export Co., Ltd., (38) Xiamen Yubang
Import Export Trading Co. Ltd., (39) Zhangzhou Golden Banyan
Foodstuffs Industrial Co., Ltd., (40) Zhangzhou Lixing Imp. & Exp.
Trade Co., Ltd., (41) Zhangzhou Long Mountain Foods Co., Ltd., (42)
Zhangzhou Tan Co., Ltd., (43) Zhangzhou Tianbaolong Food Co., Ltd.,
(44) Zhangzhou Tongfa Foods Industry Co., Ltd., (45) Zhangzhou
Yuxing Imp. & Exp. Trading Co., Ltd., (46) Zhangzhou Xiangcheng
Rainbow & Greenland Food Co., Ltd., (47) Zhejiang Iceman Food Co.,
Ltd., and (48) Zhejiang Iceman Group Co., Ltd.
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Preliminary Results of the Review
The Department preliminarily determines that the following dumping
margin exists for the period February 1, 2013, through January 31,
2014:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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Linyi City Kangfa Foodstuff Drinkable Co., Ltd............. 78.69
Zhangzhou Gangchang Canned Foods Co., Ltd.................. 102.87
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Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\7\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\8\ Rebuttals to
case briefs may be filed no later than five days after the deadline for
filing case briefs and all rebuttal comments must be limited to
comments raised in the case briefs.\9\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\ Case and rebuttal briefs
must be filed electronically via ACCESS.\11\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309 (d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\12\ 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 presentations will be limited to issues raised in
the case 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.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any briefs, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and. CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\14\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we will
calculate, where appropriate, either an ad valorem or per-unit
assessment rate for each importer (or customer).\15\ The per-unit
assessment rate will be based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered quantity of those same sales. The ad valorem assessment rate
will be based on the ratio of the total amount of dumping calculated
for the importer's examined sales to the total entered value of those
same sales.
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\14\ See 19 CFR 351.212(b).
\15\ In these preliminary 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).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this
[[Page 71748]]
review is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\16\ 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 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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\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\17\ See id.
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
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) The cash deposit rates for Kangfa and
Gangchang, which both have a separate rate, will be the cash deposit
rate established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) 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; (3) for all PRC exporters that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity (i.e., 303.80 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 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 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 this review period. 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. We are issuing and publishing
these preliminary results in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: November 25, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Respondent Selection
4. Information and Comment Submitted in this Review
5. Scope of the Order
6. Non-Market Economy Country Status
7. Preliminary Determination of No Shipments
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-wide Entity
12. Surrogate Country
13. Fair Value Comparisons
14. U.S. Price
15. Normal Value
16. Factors Valuation
17. Currency Conversion
18. Conclusion
[FR Doc. 2014-28462 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P