[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68836-68839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28340]
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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, and
Rescission in Part; 2014/2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 68837]]
DATES: Effective Date: November 6, 2015.
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, 2014, through January 31, 2015. We preliminarily
determine that the only respondent selected for individual examination
in this review, Linyi City Kangfa Foodstuff Drinkable Co., Ltd.
(Kangfa), is not eligible for a separate rate and, therefore, is
considered part of the PRC-wide entity.\1\ We invite interested parties
to comment on these preliminary results.
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\1\ See Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Preserved Mushrooms
from the People's Republic of China; 2014-2015 from Christian Marsh
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, dated November 2, 2015 (Preliminary Decision
Memorandum), issued concurrently with and hereby adopted by this
notice.
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-
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4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this order are certain preserved mushrooms.
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\ See Preliminary Decision Memorandum for a complete
description of the Scope of the Order.
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Background
On April 3, 2015, 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, 2014, through January
31, 2015, with respect to the 63 companies named in the review requests
submitted by interested parties.\3\ On April 29, 2015, the Department
released to all interested parties having an administrative protective
order (APO) CBP data for entries of the subject merchandise during the
POR. We invited interested parties to comment regarding the CBP data
and respondent selection. The Department received no comments
concerning these CBP data. Moreover, based on our review of the CBP
data, the Department determined that only Kangfa had reviewable
entries. Accordingly, on June 11, 2015, the Department issued a
questionnaire to Kangfa.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, Request for Revocation in Part, 80 FR 18202,
18207-08 (April 3, 2015) (Initiation Notice).
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No Shipments Certifications
On May 1, 2015, (1) Dezhou Kaihang Agricultural Science Technology
Co., Ltd., (Dezhou Kaihang), (2) Fujian Haishan Foods Co., Ltd. (Fujian
Haishan), (3) Inter-Foods (Dongshan) Co., Ltd. (Inter-Foods), (4)
Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu), (5) Xiamen
International Trade & Industrial Co., Ltd. (XITIC), (6) Zhangzhou
Gangchang Canned Foods Co., Ltd. (Gangchang) and (7) Zhangzhou Hongda
Import & Export Trading Co., Ltd. (Hongda) submitted no shipment
certifications.\4\ On June 3, 2015, Guangxi Jisheng Foods, Inc.
(Guangxi Jisheng) did so as well. On August 20, 2015, the Department
sent inquiries to U.S. Customs and Border Protection (CBP) to confirm
the no shipments certifications received from the following companies:
(1) The exporter/producer combination of Dezhou Kaihang/Fengyu; (2) the
exporter/producer combination of Fujian Haishan/Hongda; (3) XITIC; and
(4) Gangchang.\5\ On October 22, 2015, the Department sent an
additional inquiry to CBP regarding the certification provided by
Guangxi Jisheng.\6\ To date, the Department has received no information
contrary to the no shipment claims submitted.
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\4\ The Department assigned separate ``combination'' rates to 1)
Dezhou Kaihang/Fengyu and 2) Fujian Haishan/Hongda as the result of
new shipper reviews. See Certain Preserved Mushrooms From the
People's Republic of China: Final Results of Antidumping Duty New
Shipper Review 80 FR 32352, (June 8, 2015) (Dezhou Kaiihang/Fengyu);
see also Certain Preserved Mushrooms From the People's Republic of
China: Final Results of Antidumping Duty New Shipper Reviews 76 FR
67146, (October 31, 2011) (Fujian Haishan/Hongda).
\5\ Inter-Foods currently does not have separate rate status,
and did not have separate rate status during the POR. Therefore, the
Department did not send an inquiry to CBP with regard to Inter-
Foods.
\6\ To date, we have received no response from CBP related to
any entries for Guangxi Jisheng. We intend to revisit our
preliminary determination of no shipments for Guangxi Jisheng should
any information provided by CBP warrant such reconsideration.
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Based on the no-shipment certifications and our analysis of the CBP
information, we preliminarily determine that Dezhou Kaihang/Fengyu,
Fujian Haishan/Hongda, XITIC, Gangchang, and Guangxi Jisheng did not
have any reviewable transactions during the POR. In addition, for
Dezhou Kaihang/Fengyu, Fujian Haishan/Hongda, XITIC, Gangchang, and
Guangxi Jisheng, the Department finds that consistent with its
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 these
companies and issue appropriate instructions to CBP based on the final
results of the review.\7\ If the Department continues to determine in
the final results of this review that these companies have no
reviewable transactions, we intend to instruct CBP to continue to
collect cash deposits of estimated antidumping duties at the current
rate in effect for those companies.\8\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
\8\ We note that the current rate in effect for the Guangxi
Jisheng is the rate applicable to the PRC-wide entity.
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Partial Rescission
Section 351.213(d)(1) of the Department's regulations provides that
the Department will rescind an administrative review, in whole or in
part, if the party that requested the review withdraws its request for
review within 90 days of the date of publication of the notice of
initiation of the requested review. The Department published the
Initiation Notice on April 3, 2015.\9\
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\9\ See Initiation Notice at 18207-08.
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On July 2, 2015, Monterey Mushrooms withdrew its request for review
of 27 companies, including (1)Fujian Tongfa Foods Group Co., Ltd.
(Fujian Tongfa), (2) Mikado Food China Co., Ltd. (Mikado), (3) Xiamen
Hua Min Import & Export Co., Ltd., (4) Zhangzhou Tan Co. Ltd., Fujian,
China and (5) Zhangzhou Yuxing Import & Export Trading Co., Ltd. No
other party has requested a review of any of the five companies
indicated above. Because all review requests have been timely
withdrawn, we are rescinding this review with respect to these
companies. For the remaining 22 companies, there continue to be active
review requests; therefore, we are not rescinding the review for those
companies.
[[Page 68838]]
Methodology
The Department is conducting 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). ACCESS is available to
registered users at https://access.trade.gov and available to all
parties in the Central Records Unit, room B8024 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.
Preliminary Results of the Review
On July 6, 2015, Kangfa withdrew from participation in this review
prior to responding to the Department's questionnaire issued on June
10, 2015.\10\ We therefore determine that Kangfa is ineligible for a
separate rate and is part of the PRC-wide entity.\11\
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\10\ See July 6, 2015 letter from Kangfa to Secretary of
Commerce: Re: Certain Preserved Mushrooms from China Withdrawal from
Administrative Review (Kangfa Withdrawal Letter).
\11\ See Preliminary Decision Memorandum; Initiation Notice, 80
FR at 18203 (providing that mandatory respondents will not be
eligible for separate rate status ``unless they respond to all parts
of the questionnaire as mandatory respondents.'').
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Additionally, the Department preliminarily determines that the
remaining 51 companies did not demonstrate their eligibility for
separate rate status in this review because they have not filed either
separate rate applications or separate rate certifications.\12\ As a
result, the Department is preliminarily treating these 51 companies as
part of the PRC-wide entity.
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\12\ These 51 exporters are 1) Agrogentra & Co., Ltd., 2) Ayecue
(Liaocheng) Foodstuff Co., Ltd, 3) Blue Field (Sichuan) Food
Industrial Co., Ltd., 4) Casia Global Logistics Co., Ltd., 5)
Changzhou Chen Rong- Da Carpet Co., Ltd., 6) China National Cereals,
Oils & Foodstuffs Import & Export Corp., 7) China Processed Food
Import & Export Co., 8) DHL ISC (Hong Kong) Limited, 9) Dujiangyan
Xingda Foodstuff Co., Ltd., 10) Fujian Blue Lake Foods Co., Ltd.,
11) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., 12) Fujian
Pinghe Baofeng Canned Foods, 13) Fujian Yuxing Fruits and Vegetables
Foodstuffs Development Co., Ltd., 14) Fujian Zishan Group Co., Ltd.,
15) Guangxi Eastwing Trading Co., Ltd., 16) Guangxi Hengyang
Industrial & Commercial Dev., Ltd., 17) Guangxi Hengyong Industrial
& Commercial Dev. Ltd., 18) Inter-Foods (Dongshan) Co., Ltd., 19)
Jiangxi Cereal Oils Foodstuffs, 20) Joy Foods (Zhangzhou) Co., Ltd.,
21) Kangfa, 22) Longhai Guangfa Food Co., Ltd., 23) Primera Harvest
(Xiangfan) Co., Ltd., 24) Shandong Jiufa Edible Fungus Corporation,
Ltd., 25) Shandong Xinfa Agricultural Science Corporation Ltd., 26)
Shandong Yinfeng Rare Fungus Corporation, Ltd., 27) Shenzhen
Syntrans International Logistics Co., Ltd., 28) Sun Wave Trading
Co., Ltd., 29) Sunrise Food Industry & Commerce, 30) Shouguang
Sunrise Industry & Commerce Co., Ltd., 31) Thuy Duong Transport And
Trading Service JSC, 32) Tianjin Fulida Supply Co., Ltd., 33) Xiamen
Aukking Imp. & Exp. Co., Ltd., 34) Xiamen Carre Food Co., Ltd., 35)
Xiamen Choice Harvest Imp., 36) Xiamen Greenland Import & Export
Co., Ltd., 37) Xiamen Gulong Import & Export Co., Ltd., 38) Xiamen
Huamin Imp. & Exp. Co., Ltd., 39) Xiamen Jiahua Import & Export
Trading Co., Ltd., 40) Xiamen Longhuai Import & Export Co., Ltd.,
41) Xiamen Longhuai Imp. & Exp. Co., Ltd., 42) Xiamen Longstar
Lighting Co., Ltd., 43) Xiamen Sungiven Import & Export Co., Ltd.,
44) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd., 45)
Zhangzhou Long Mountain Foods Co., Ltd., 46) Zhangzhou Longhai
Minhui Industry & Trade Co., Ltd., 47) Zhangzhou Tan Co., Ltd., 48)
Zhangzhou Tongfa Foods Industry Co., Ltd., 49) Zhangzhou Yuxing Imp.
& Exp. Trading Co., Ltd., 50) Zhejiang Iceman Food Co., Ltd., and
51) Zhejiang Iceman Group Co., Ltd.
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The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\13\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the PRC-wide entity is not under review and
therefore its rate is not subject to change. The rate previously
established for the PRC-wide entity in this proceeding is 308.33
percent.\14\
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\14\ See Certain Preserved Mushrooms From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2013-2014; and Partial Rescission of Review, 80 FR 32355, 32357
(June 8, 2015).
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Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary results within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because the Department has preliminarily determined that
Kangfa is ineligible for a separate rate, there are no calculations to
disclose. Interested parties may submit case briefs no later than 30
days after the date of publication of the preliminary results.\15\
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.\16\ 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.\17\ Case and
rebuttal briefs must be filed electronically via ACCESS.\18\
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\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See 19 CFR 351.303(b).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30
days after the date of publication of this notice.\19\ Hearing requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues parties intend to
present at the hearing. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined. Prior to the date of
the hearing, the Department will contact all parties that submitted
case or rebuttal briefs to determine if they wish to participate in the
hearing. The Department will then distribute a hearing schedule to the
parties prior to the hearing and only those parties listed on the
schedule may present issues raised in their briefs.
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\19\ See 19 CFR 351.310(c).
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Unless extended, 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.\20\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of
[[Page 68839]]
review. We intend to instruct CBP to liquidate relevant entries from
the PRC-wide entity (including Kangfa) at the current rate for the PRC-
wide entity (i.e., 308.33 percent). For the companies identified above
that were found to have made no shipments during the POR, we intend to
instruct CBP to liquidate any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) at the PRC-wide
rate.\21\
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\20\ See 19 CFR 351.212(b).
\21\ 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;
(2) 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., 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 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.
Dated: October 30, 2015.
Paul Piquado,
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. Scope of the Order
5. Preliminary Determination of No Shipments
6. Partial Rescission
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. Companies That Did Not Establish Their Eligibility for a Separate
Rate
10. Conclusion
[FR Doc. 2015-28340 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P