[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:

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