[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3216-3218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01052]
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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 New Shipper Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
DATES: Effective January 22, 2015.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper review of Dezhou Kaihang Agricultural Science Technology
Co., Ltd. (Dezhou Kaihang) regarding the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (the
PRC). The period of review (POR) is February 1, 2013, through February
28, 2014.\1\ We preliminarily find that Dezhou Kaihang made a sale of
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
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\1\ The Department extended the review period for this new
shipper review by 28 days until February 28, 2014 to capture the
entry associated with the sale made by Dezhou Kaihang during the
POR. See 19 CFR 351.214(f)(2)(ii); see also Certain Preserved
Mushrooms from the People's Republic of China; Initiation of New
Shipper Review; 2013-2014, 79 FR 17505 (March 28, 2014).
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;
[[Page 3217]]
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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.\2\
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\2\ For a complete description of the scope of the order see
Decision Memorandum for the Preliminary Results of the New Shipper
Review of Dezhou Kaihang in 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 January 14, 2015 (Preliminary Decision
Memorandum), issued concurrently with and hereby adopted by this
notice.
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Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. Export prices have been calculated in accordance with
section 772 of the Act. Because the PRC is a nonmarket economy within
the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) 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 (ACCESS).\3\
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 changed the
name of 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 in 19 CFR 351.303 can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of New Shipper Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
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Weighted-
average dumping
Manufacturer/Exporter margin
(percent)
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Shandong Fengyu Edible Fungus Co., Ltd./Dezhou Kaihang 168.90
Agricultural Science Technology Co., Ltd..............
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs by no later than 30 days
after the date of publication of these preliminary results of
review.\4\ Rebuttals to case briefs, limited to the arguments raised in
those comments, may be filed by no later than five days after case
briefs are due.\5\ A table of contents, list of authorities used, and
an executive summary of issues should accompany any brief submitted to
the Department.\6\ The summary should be limited to five pages total,
including footnotes.
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\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\7\ 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 briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\8\
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by 5 p.m. Eastern Time (``ET'')
on the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and stamped with the date and time of receipt
by 5 p.m. ET on the due date.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department intends to issue the final results of this new
shipper review, which will include the results of its analysis of
issues raised in any such comments, within 90 days of the issuance of
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon issuing the final results of this new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.\10\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this new shipper review.
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\10\ See 19 CFR 351.212(b)(1).
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In this new shipper review, we calculated a per unit rate for each
importer by dividing the total dumping margins for reviewed sales to
that party by the total sales quantity associated with those
transactions. For duty assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit amount against the
entered quantity of the subject merchandise. If the respondent's
weighted-average dumping margin is above de minimis, we will calculate
an importer-specific per-unit duty assessment rate in accordance with
19 CFR 351.212(b)(1), based on the ratio of the total amount of dumping
calculated
[[Page 3218]]
for the importer's examined sales to the total quantity entered by that
importer. Then, we will instruct CBP to assess antidumping duties on
all appropriate entries covered by this new shipper review. 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. Pursuant to a refinement in the
Department's practice, for entries that were not reported in the U.S.
sales database submitted by Dezhou Kaihang for this new shipper review,
the Department will instruct CBP to liquidate such entries at the PRC-
wide rate.\11\
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\11\ 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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The final results of this new shipper 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 will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC 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) For merchandise
produced by Shandong Fengyu Edible Fungus Co., Ltd. and exported by
Dezhou Kaihang, the cash deposit rate will be that 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 subject
merchandise exported by Dezhou Kaihang but not produced by Shandong
Fengyu Edible Fungus Co. Ltd., the cash deposit rate will be the rate
for the PRC-wide entity; and (3) for subject merchandise produced by
Shandong Fengyu Edible Fungus Co., Ltd. but not exported by Dezhou
Kaihang, the cash deposit rate will be the rate applicable to the
exporter. These 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 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.
The Department is issuing and publishing these preliminary results
in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and
19 CFR 351.221(b)(4).
Dated: January 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Bona Fide Sale Analysis
b. Non-Market Economy Country Status
c. Separate Rates
d. Separate Rate Recipient
e. Surrogate Country
V. Fair Value Comparisons
VI. Results of Differential Pricing Analysis
VII. Date of Sale
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversions
XII. Recommendation
[FR Doc. 2015-01052 Filed 1-21-15; 8:45 am]
BILLING CODE 3510-DS-P