[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67146-67148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28184]
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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 New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 2, 2011, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the new
shipper reviews (NSRs) of the antidumping duty order on certain
preserved mushrooms from the People's Republic of China (PRC) for
Guangxi Hengyong Industrial & Commercial Dev., Ltd. (Hengyong) and
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Co.) (Hongda).\1\
See Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Reviews, 76 FR
46270 (August 2, 2011) (Preliminary Results). We gave interested
parties an opportunity to comment on the preliminary results. We
received a case brief from Hongda on August 31, 2011. We received no
rebuttal briefs from any parties. Furthermore, as described further
below, we also received various comments/responses from the parties on
[[Page 67147]]
the Department's preliminary results, supplemental questionnaire, and
letter on August 4, 2011, August 10, 2011, and September 19, 2011,
respectively.
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\1\ In its request for review, Hengyong certified that it was
the exporter and Hengyong Industrial & Commercial Dev. Ltd. Hengxian
Food Division (Hengxian) was the manufacturer. See September 24,
2010, submission from Hengyong. In its request for NSR, Hongda
certified it was the exporter and Fujian Haishan Foods Co., Ltd.
(Haishan) was the manufacturer. See September 24, 2010, submission
from Hongda.
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Based on the comments received, we have made changes to the
preliminary results for these final results.
DATES: Effective Date: October 31, 2011.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke, Fred Baker or Robert
James, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4947, (202) 482-2924, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION: We published the preliminary results for
these NSRs on August 2, 2011. In the preliminary results, the
Department stated that interested parties were to submit case briefs
within 30 days of publication of the preliminary results and rebuttal
briefs within five days after the due date for filing case briefs. See
Preliminary Results, 76 FR at 46276. We received two submissions from
Hongda--comments on the preliminary results, filed on August 4, 2011,
and a formal case brief, submitted on August 31, 2011.
On August 2, 2011, we also issued a supplemental questionnaire to
Hengyong and Hongda, and received the responses on August 10, 2011.
On September 8, 2011, we issued a letter to interested parties
soliciting comments on the correct surrogate value to use for the input
cow manure. We received comments from Hengyong, Hongda, and Monterey
Mushrooms, Inc. (petitioners) on September 19, 2011.
Analysis of Comments Received
As indicated above, we received a case brief from Hongda on August
31, 2011. Hongda alleged that there were two computational errors in
the final results calculations. One was an error caused by Hongda
having reported some factor values in its factors of production
database on a basis different from that reported for other factors.
Hongda argued this error can be easily corrected with information
already on the record. No other party submitted rebuttal comments on
Hongda's argument. Upon review of the record and our calculations, we
have determined that worksheets already on the record substantiate that
Hongda made an error in how it reported some of the factor values, and
that this error can indeed be easily corrected. We have corrected it
for these final results of review. The second error was one in which
the Department used an incorrect variable name in one line of the SAS
calculations. Again, no party submitted rebuttal comments on Hongda's
argument. A review of the record confirms that the Department used an
incorrect variable name in the SAS calculations. We have corrected this
error in the final results. For details, see Memorandum from Fred Baker
to the File, Subject: ``Analysis of Data Submitted by Zhangzhou Hongda
Import & Export Trading Co., Ltd. (Hongda) in the Final Results of New
Shipper Review of the Antidumping Duty Order on Preserved Mushrooms
from the People's Republic of China (PRC),'' dated October 24, 2011
(Hongda Final Results Analysis Memorandum).
In addition to the case brief, Hengyong, Hongda, and petitioners
submitted comments on September 19, 2011, in response to the
Department's September 8, 2011, letter to parties soliciting comments
on the correct valuation of the input cow manure. Our September 8,
2011, letter included eight exhibits each consisting of a valuation
source for cow manure different from the source we used in the
preliminary results. In their September 19, 2011, comments, no party
recommended our using any of the eight alternative possible sources in
the final results. Furthermore, no party has suggested that we deviate
from the source used in the preliminary results. Therefore, in these
final results we have used the same source to value cow manure as we
used in the preliminary results because we continue to find the source
the most reliable on the record for valuation of the input.
Period of Review
The period of review (POR) is February 1, 2010, through July 31,
2010.
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.\2\
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\2\ 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, this decision was upheld
by the United States Court of Appeals for the Federal Circuit. See
Tak Fat Trading Co. v. United States, 396 F.3d 1378 (Fed. Cir.
2005).
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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.
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 the order is dispositive.
Separate Rates
In proceedings involving non-market economy (NME) countries, the
Department begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus, should
be assigned a single antidumping duty deposit rate. See, e.g., Notice
of Final Determination of Sales at Less Than Fair Value, and
Affirmative Critical Circumstances, In Part: Certain Lined Paper
Products From the People's Republic of China, 71 FR 53079 (September 8,
2006), and Final Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical Circumstances:
Diamond Sawblades and Parts Thereof From the People's Republic of
China, 71 FR 29303 (May 22, 2006). It is the Department's policy to
assign all exporters of merchandise subject to review in an NME country
this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate. See,
e.g., Certain Coated Paper Suitable for High-Quality Print
[[Page 67148]]
Graphics Using Sheet-Fed Presses From the People's Republic of China:
Notice of Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 75 FR 24892, 24899 (May 6,
2010) (unchanged in Certain Coated Paper Suitable for High-Quality
Print Graphics Using Sheet-Fed Presses From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 75 FR
59217 (September 27, 2010)).
In the preliminary results, we found that Hengyong and Hongda
demonstrated their eligibility for separate rate status. We received no
comments from interested parties regarding this determination. In these
final results of review, we continue to find the evidence Hengyong and
Hongda placed on the record demonstrates an absence of government
control, both in law and in fact, with respect to Hengyong and Hongda's
exports of the merchandise under review. Thus, we have determined that
Hengyong and Hongda are eligible to receive a separate rate.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our preliminary results, we have made
revisions to the margin calculation for Hongda. These changes are
discussed in the Hongda Final Results Analysis Memorandum. We made no
changes to the calculations for Hengyong.
Final Results of Review
The Department has determined that the following margins exist for
the period February 1, 2010, through July 31, 2010:
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Weighted-
average
Exporter/Manufacturer margin
(percent)
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Hengyong (exporter)/Hengxian (manufacturer)................. 0.00
Hongda (exporter)/Haishan (manufacturer).................... 0.00
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Assessment Rates
Pursuant to these final results, the Department determined, and CBP
shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions for Hengyong and
Hongda to CBP 15 days after the date of publication of these final
results of NSRs. Pursuant to 19 CFR 351.212(b)(1), we calculated
importer-specific (or customer-specific) ad valorem duty assessment
rates based on the ratio of the total amount of the dumping margins
calculated for the examined sales to the total entered value of those
same sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by these reviews if any importer-specific
(or customer-specific) assessment rate calculated in the final results
of these reviews is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of NSRs for all shipments of subject
merchandise by Hengyong and Hongda entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the Act): (1) For subject merchandise produced by Hengxian and
exported by Hengyong, or produced by Haishan and exported by Hongda,
the cash deposit rate will be zero; (2) for subject merchandise
exported by Hengyong, but not manufactured by Hengxian, or exported by
Hongda, but not manufactured by Haishan, the cash deposit rate will
continue to be the PRC-wide rate (i.e., 198.63 percent); and; (3) for
subject merchandise manufactured by Hengxian or Haishan, but exported
by any party other than Hengyong or Hongda, respectively, the cash
deposit rate will be the rate applicable to the exporter. These cash
deposit requirements will remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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 violation which is subject to sanction.
These NSRs and notice are in accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Act.
Dated: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-28184 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-DS-P