[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:

------------------------------------------------------------------------
                                                            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