Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 55808-55810 [2012-22353]
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55808
Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Notices
four companies. Shin Yang Steel Co.,
Ltd. requested a review of itself.
On August 15, 2012, the Petitioner
withdrew its request for an
administrative review for the following
three companies: (1) Chung Hung Steel
Corp.; (2) Kao Hsing Chang Iron & Steel
Corp. (also known as Kao Hsiung Chang
Iron & Steel Corp.); and (3) Tension
Steel Industries Co. Ltd.
Partial Rescission
The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that
requested an administrative review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review, the
Secretary will rescind the review. The
Petitioner withdrew its review request
with respect to three companies within
the 90-day deadline, in accordance with
19 CFR 351.213(d)(1).
Therefore, in accordance with section
351.213(d)(1) of the Department’s
regulations, we are rescinding this
review with respect to the following
three companies: (1) Chung Hung Steel
Corp.; (2) Kao Hsing Chang Iron & Steel
Corp.; and (3) Tension Steel Industries
Co. Ltd. This review will continue with
respect to Shin Yang Steel Co., Ltd.
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the companies
for which this review is rescinded,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
srobinson on DSK4SPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded of their responsibility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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
19:10 Sep 10, 2012
Dated: September 4, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–22365 Filed 9–10–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Assessment Instructions
VerDate Mar<15>2010
Notification Regarding 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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Jkt 226001
Certain Preserved Mushrooms From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 11,
2012.
SUMMARY: On March 6, 2012, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of
administrative review of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC).1 Based upon
our analysis of comments received from
interested parties, we made changes to
the margin calculations for the final
results. Therefore, the final results differ
from the preliminary results. The final
dumping margin for this review is listed
in the ‘‘Final Results of Review’’ section
below.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, or Robert James, AD/
AGENCY:
1 See Certain Preserved Mushrooms From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, and
Rescission in Part, 77 FR 13264 (March 6, 2012)
(Preliminary Results).
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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) 482–2475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2012, the Department
published the Preliminary Results of
administrative review of the
antidumping duty order on certain
preserved mushrooms from the PRC.2
The period of review (POR) is February
1, 2010, through January 31, 2011.3 The
review covers five manufacturers/
exporters of subject merchandise.4 We
analyzed (1) Blue Field (Sichuan) Food
Industrial Co., Ltd. (Blue Field) and (2)
Dujiangyan Xingda Foodstuffs Co., Ltd.
(Xingda) as mandatory respondents.5
Three other companies filed separate
rate certifications and qualified for
separate-rate status.6
In the Preliminary Results, we invited
parties to comment.7 On April 19, 2012,
the Department received timely case
briefs from Blue Field and from the
Petitioner in this proceeding, Monterey
Mushrooms, Inc. (Monterrey
Mushrooms).8 On April 24, 2012, Blue
Field and Monterrey Mushrooms
submitted rebuttal briefs.9 On June 19,
2012, we extended the final results of
this administrative review by 60 days.10
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
entitled, ‘‘Issues and Decision
Memorandum for the Final Results in
the Administrative Review of Certain
Preserved Mushrooms from the People’s
2 Id.
3 See
id. at 77 FR 13,264.
id. at 77 FR 13,265–67.
5 See id. at 77 FR 13,265.
6 See id. at 77 FR 13,266–67.
7 See id. at 77 FR 13,269.
8 See April 19, 2012, letter from Shanghai Yuet
Fai Commercial Consulting Co., Ltd. to Secretary of
Commerce Re: Certain Preserved Mushrooms from
the People’s Republic of China, Blue Field Case
Brief (Blue Field Case Brief); see also April 19,
2012, Petitioner Case Brief from Kelley Drye &
Warren LLP (Petitioner Case Brief).
9 See April 24, 2012, Rebuttal Brief from Shanghai
Yuet Fai Commercial Consulting Co., Ltd. to
Secretary of Commerce Re: Certain Preserved
Mushrooms from the People’s Republic of China,
Blue Field Case Brief (Blue Field Rebuttal Brief); see
also April 24, 2012, Petitioner Rebuttal Brief from
Kelley Drye & Warren LLP (Petitioner Rebuttal
Brief).
10 See Memorandum from Richard Weible to
Christian Marsh Re: Certain Preserved Mushrooms
from the People’s Republic of China: Extension of
Deadlines for Final Results of Antidumping Duty
Administrative Review, dated June 19, 2012.
4 See
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Republic of China,’’ which is dated
concurrently with and adopted by this
notice (Issues and Decision
Memorandum). A list of the issues
raised, and to which we respond in the
Issues and Decision Memorandum, is
attached to this notice as an appendix.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed Issues
and Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
srobinson on DSK4SPTVN1PROD with NOTICES
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.11
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
11 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, the
United States Court of Appeals for the Federal
Circuit upheld this decision. See Tak Fat v. United
States, 396 F.3d 1378 (Fed. Cir. 2005).
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19:10 Sep 10, 2012
Jkt 226001
‘‘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 this order is dispositive.
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 the following
revisions to certain surrogate values
(SVs) and the margin calculation for
Blue Field and Xingda.
(1) We revised our calculation of Blue
Field’s land rent.12
(2) For Blue Field, we revised our
calculation of the surrogate value for
coal to include bituminous coal and
corrected a conversion error in the
calculation of that surrogate value.13
(3) We corrected two calculation
errors associated with the surrogate
value of water for both Blue Field and
Xingda.14
(4) For Blue Field, we corrected the
jar weight for one model.15
Separate Rates Determination
In the Preliminary Results, we found
that (1) Ayecue (Liaocheng) Foodstuff
Co., Ltd. (Ayecue), (2) Fujian Golden
Banyan Foodstuffs Industrial Co., Ltd.
(Golden Banyan), and (3) Shandong
Jiufa demonstrated their eligibility for
separate rates.16 We received no
comments from interested parties on
this finding. Therefore, in these final
results, we continue to find that Ayecue,
Golden Banyan, and Shandong Jiufa
demonstrated an absence of government
of control, both in law and in fact, with
12 See Memorandum From Michael J. Heaney to
the File, Re Final Analysis for Blue Filed (Sichuan)
Food Industrial Co., Ltd. (Blue Field) Certain
Preserved Mushrooms from the People’s Republic
of China dated September 4, 2012, (Blue Field Final
Analysis Memorandum) at 1.
13 See Id. at 2.
14 See Id; see also Memorandum From Michael J.
Heaney to the File, Re Final Analysis for
Dujiangyan Xingda (Sichuan) Food Industrial Co.,
Ltd (Xingda) Certain Preserved Mushrooms from
the People’s Republic of China dated September 4,
2012 (Xingda Final Analysis Memorandum) at 2.
15 See Blue Field Final Analysis Memorandum at
3.
16 See Preliminary Results, 77 FR at 13266–13267.
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55809
respect to these companies’ exports of
the subject merchandise. Thus, we have
determined that Ayecue, Golden
Banyan, and Shandong Jiufa are eligible
to receive a separate rate. Consistent
with our own practice and section
735(c)(5)(A) of the Tariff Act of 1930, as
amended (the Act), respondents other
than mandatory respondents have
received the weighted-average of the
margins calculated for those companies
selected for individual review (i.e.,
mandatory respondents), excluding zero
or de minimis margins or margins based
entirely on facts available.
Final Results of the Review
The Department has determined that
the following dumping margins exist for
the period February 1, 2010, through
January 31, 2011:
Exporter
Blue Field ..............................
Xingda ...................................
Ayecue ..................................
Golden Banyan .....................
Shandong Jiufa .....................
PRC-wide rate* .....................
Weighted-average margin
(percent)
308.33
223.74
304.89
304.89
304.89
198.63
* Includes Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.
Assessment Rates
The Department has determined, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries.17 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
In accordance with 19 CFR
351.212(b)(1), we calculated exporter/
importer-specific (or customer-specific)
assessment rates for merchandise
subject to this review. Blue Field and
Xingda did not report entered values for
their U.S. sales. Accordingly, we
calculated a per-unit assessment rate for
each importer (or customer) by dividing
the total dumping margins for reviewed
sales to that party by the estimated
entered value that we calculated for
those transactions. For duty-assessment
rates calculated on this basis, we will
direct CBP to assess the resulting perunit rate against the calculated estimate
of entered value of the subject
merchandise.
For all shipments of subject
merchandise by the PRC-wide entity
entered, or withdrawn from warehouse,
for consumption during the POR, we
will instruct CBP to assess antidumping
17 See section 751(a)(2)(B) of the Act; 19 CFR
351.212(b)(1).
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Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Notices
duties at the ad valorem PRC-wide
entity rate of 198.63 percent.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will be
effective upon publication of the final
results of this review for all shipments
of subject merchandise 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) The cash-deposit rate for
each of the reviewed companies that
received a separate rate in this review
will be the rate listed in the final results
of this review (except that if the rate for
a particular company is de minimis, i.e.,
less than 0.50 percent, no cash deposit
will be required for that company); (2)
for previously investigated companies
not listed above, the cash deposit rate
will continue to be the companyspecific rate published for the most
recent period of review; (3) if the
exporter is a firm not covered in this
review, a prior review, or the original
less-than-fair-value investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the subject merchandise; and (4) the
cash deposit rate for all other
manufacturers or exporters will be the
PRC-wide rate of 198.63 percent. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
srobinson on DSK4SPTVN1PROD with NOTICES
Notification to Importers
This notice serves as a final 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
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
VerDate Mar<15>2010
19:10 Sep 10, 2012
Jkt 226001
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: September 4, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
Comment 1: FOP Database Used to Calculate
Bluefield’s Normal Value
Comment 2: Calculation of Land Rent
Comment 3: Valuation of Rice Straw
Comment 4: Valuation of Manure
Comment 5: Use of Indian Surrogate Values
to Value Manure and Straw
Comment 6: Valuation of Coal
Comment 7: Valuation of Water
[FR Doc. 2012–22353 Filed 9–10–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Manufacturing Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Manufacturing Council
will hold a meeting to hear updates
from the Department of Commerce in
addition to the Council’s ex-officio
members, the Secretaries of Energy,
Labor, and the Treasury (or their
designees) on the Government response
to past Council recommendations. At
the meeting, the Board will hear and
deliberate on proposed
recommendations to be presented by the
Workforce Development subcommittee.
The Board members also will
summarize all recommendations
adopted throughout their 2010–2012
appointment term in a final presentation
to the Secretary of Commerce.
DATES: September 28, 2012 9:30 a.m.–
11:30 a.m. Eastern Daylight Time (EDT).
As specified below, registration and any
requests for auxiliary aids should be
submitted no later than September 21,
2012.
SUMMARY:
U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Room 4830, Washington, DC.
Registration and any requests for
auxiliary aids should be submitted to
Jennifer Pilat, the Manufacturing
Council, Room 4043, 1401 Constitution
Avenue NW., Washington, DC 20230,
telephone 202–482–4501,
OACIE@trade.gov. Last minute requests
ADDRESSES:
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will be accepted, but may be impossible
to fill.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the Manufacturing
Council, Room 4043, 1401 Constitution
Avenue NW., Washington, DC, 20230,
telephone: 202–482–4501, email:
OACIE@trade.gov
SUPPLEMENTARY INFORMATION:
Background: The Council was rechartered on April 5, 2012 to advise the
Secretary of Commerce on matters
relating to the U.S. manufacturing
industry. This will be the final meeting
of the current members and will review
past recommendations, the Government
responses to those recommendations,
and deliberate on proposed new
recommendations to be presented by the
Workforce Development subcommittee.
The Department will publish in the near
future a separate notice soliciting
nominations for new appointments.
All guests are required to register in
advance. This program will be
physically accessible to people with
disabilities. Seating is limited and will
be on a first come, first served basis. As
noted above, registration and any
requests for auxiliary aids should be
submitted no later than September 21,
2012, to Jennifer Pilat, the
Manufacturing Council, Room 4043,
1401 Constitution Avenue NW.,
Washington, DC, 20230, telephone 202–
482–4501, OACIE@trade.gov. Last
minute requests will be accepted, but
may be impossible to fill.
While members of the public are
welcome to attend the meeting, there
will not be sufficient time available for
oral comments from members of the
public. Any member of the public may
submit pertinent written comments at
any time before or after the meeting.
Comments may be submitted to Jennifer
Pilat at the contact information
indicated above. To be considered
during the meeting, comments must be
received no later than 5 p.m. Eastern
Time on September 21, 2012, to ensure
transmission to the Council prior to the
meeting. Comments received after that
date will be distributed to the members
but may not be considered at the
meeting.
Copies of Council meeting minutes
will be available within 90 days of the
meeting.
Dated: September 5, 2012.
Jennifer Pilat,
Executive Secretary, The Manufacturing
Council.
[FR Doc. 2012–22227 Filed 9–10–12; 8:45 am]
BILLING CODE 3510–DR–P
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]]>Agencies
[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55808-55810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22353]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 11, 2012.
SUMMARY: On March 6, 2012, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of
administrative review of the antidumping duty order on certain
preserved mushrooms from the People's Republic of China (PRC).\1\ Based
upon our analysis of comments received from interested parties, we made
changes to the margin calculations for the final results. Therefore,
the final results differ from the preliminary results. The final
dumping margin for this review is listed in the ``Final Results of
Review'' section below.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, and Rescission in Part, 77 FR 13264 (March 6, 2012)
(Preliminary Results).
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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-
---------------------------------------------------------------------------
2475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2012, the Department published the Preliminary Results
of administrative review of the antidumping duty order on certain
preserved mushrooms from the PRC.\2\ The period of review (POR) is
February 1, 2010, through January 31, 2011.\3\ The review covers five
manufacturers/exporters of subject merchandise.\4\ We analyzed (1) Blue
Field (Sichuan) Food Industrial Co., Ltd. (Blue Field) and (2)
Dujiangyan Xingda Foodstuffs Co., Ltd. (Xingda) as mandatory
respondents.\5\ Three other companies filed separate rate
certifications and qualified for separate-rate status.\6\
---------------------------------------------------------------------------
\2\ Id.
\3\ See id. at 77 FR 13,264.
\4\ See id. at 77 FR 13,265-67.
\5\ See id. at 77 FR 13,265.
\6\ See id. at 77 FR 13,266-67.
---------------------------------------------------------------------------
In the Preliminary Results, we invited parties to comment.\7\ On
April 19, 2012, the Department received timely case briefs from Blue
Field and from the Petitioner in this proceeding, Monterey Mushrooms,
Inc. (Monterrey Mushrooms).\8\ On April 24, 2012, Blue Field and
Monterrey Mushrooms submitted rebuttal briefs.\9\ On June 19, 2012, we
extended the final results of this administrative review by 60
days.\10\
---------------------------------------------------------------------------
\7\ See id. at 77 FR 13,269.
\8\ See April 19, 2012, letter from Shanghai Yuet Fai Commercial
Consulting Co., Ltd. to Secretary of Commerce Re: Certain Preserved
Mushrooms from the People's Republic of China, Blue Field Case Brief
(Blue Field Case Brief); see also April 19, 2012, Petitioner Case
Brief from Kelley Drye & Warren LLP (Petitioner Case Brief).
\9\ See April 24, 2012, Rebuttal Brief from Shanghai Yuet Fai
Commercial Consulting Co., Ltd. to Secretary of Commerce Re: Certain
Preserved Mushrooms from the People's Republic of China, Blue Field
Case Brief (Blue Field Rebuttal Brief); see also April 24, 2012,
Petitioner Rebuttal Brief from Kelley Drye & Warren LLP (Petitioner
Rebuttal Brief).
\10\ See Memorandum from Richard Weible to Christian Marsh Re:
Certain Preserved Mushrooms from the People's Republic of China:
Extension of Deadlines for Final Results of Antidumping Duty
Administrative Review, dated June 19, 2012.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Issues and
Decision Memorandum for the Final Results in the Administrative Review
of Certain Preserved Mushrooms from the People's
[[Page 55809]]
Republic of China,'' which is dated concurrently with and adopted by
this notice (Issues and Decision Memorandum). A list of the issues
raised, and to which we respond in the Issues and Decision Memorandum,
is attached to this notice as an appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Import Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
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.\11\
---------------------------------------------------------------------------
\11\ 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, the United States Court of
Appeals for the Federal Circuit upheld this decision. See Tak Fat v.
United States, 396 F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------
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 this order is dispositive.
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 the
following revisions to certain surrogate values (SVs) and the margin
calculation for Blue Field and Xingda.
(1) We revised our calculation of Blue Field's land rent.\12\
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\12\ See Memorandum From Michael J. Heaney to the File, Re Final
Analysis for Blue Filed (Sichuan) Food Industrial Co., Ltd. (Blue
Field) Certain Preserved Mushrooms from the People's Republic of
China dated September 4, 2012, (Blue Field Final Analysis
Memorandum) at 1.
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(2) For Blue Field, we revised our calculation of the surrogate
value for coal to include bituminous coal and corrected a conversion
error in the calculation of that surrogate value.\13\
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\13\ See Id. at 2.
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(3) We corrected two calculation errors associated with the
surrogate value of water for both Blue Field and Xingda.\14\
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\14\ See Id; see also Memorandum From Michael J. Heaney to the
File, Re Final Analysis for Dujiangyan Xingda (Sichuan) Food
Industrial Co., Ltd (Xingda) Certain Preserved Mushrooms from the
People's Republic of China dated September 4, 2012 (Xingda Final
Analysis Memorandum) at 2.
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(4) For Blue Field, we corrected the jar weight for one model.\15\
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\15\ See Blue Field Final Analysis Memorandum at 3.
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Separate Rates Determination
In the Preliminary Results, we found that (1) Ayecue (Liaocheng)
Foodstuff Co., Ltd. (Ayecue), (2) Fujian Golden Banyan Foodstuffs
Industrial Co., Ltd. (Golden Banyan), and (3) Shandong Jiufa
demonstrated their eligibility for separate rates.\16\ We received no
comments from interested parties on this finding. Therefore, in these
final results, we continue to find that Ayecue, Golden Banyan, and
Shandong Jiufa demonstrated an absence of government of control, both
in law and in fact, with respect to these companies' exports of the
subject merchandise. Thus, we have determined that Ayecue, Golden
Banyan, and Shandong Jiufa are eligible to receive a separate rate.
Consistent with our own practice and section 735(c)(5)(A) of the Tariff
Act of 1930, as amended (the Act), respondents other than mandatory
respondents have received the weighted-average of the margins
calculated for those companies selected for individual review (i.e.,
mandatory respondents), excluding zero or de minimis margins or margins
based entirely on facts available.
---------------------------------------------------------------------------
\16\ See Preliminary Results, 77 FR at 13266-13267.
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Final Results of the Review
The Department has determined that the following dumping margins
exist for the period February 1, 2010, through January 31, 2011:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Blue Field.............................................. 308.33
Xingda.................................................. 223.74
Ayecue.................................................. 304.89
Golden Banyan........................................... 304.89
Shandong Jiufa.......................................... 304.89
PRC-wide rate*.......................................... 198.63
------------------------------------------------------------------------
* Includes Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.
Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries.\17\ The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
review.
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\17\ See section 751(a)(2)(B) of the Act; 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.212(b)(1), we calculated exporter/
importer-specific (or customer-specific) assessment rates for
merchandise subject to this review. Blue Field and Xingda did not
report entered values for their U.S. sales. Accordingly, we calculated
a per-unit assessment rate for each importer (or customer) by dividing
the total dumping margins for reviewed sales to that party by the
estimated entered value that we calculated for those transactions. For
duty-assessment rates calculated on this basis, we will direct CBP to
assess the resulting per-unit rate against the calculated estimate of
entered value of the subject merchandise.
For all shipments of subject merchandise by the PRC-wide entity
entered, or withdrawn from warehouse, for consumption during the POR,
we will instruct CBP to assess antidumping
[[Page 55810]]
duties at the ad valorem PRC-wide entity rate of 198.63 percent.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will be
effective upon publication of the final results of this review for all
shipments of subject merchandise 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) The cash-deposit rate for each of the reviewed companies that
received a separate rate in this review will be the rate listed in the
final results of this review (except that if the rate for a particular
company is de minimis, i.e., less than 0.50 percent, no cash deposit
will be required for that company); (2) for previously investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period of
review; (3) if the exporter is a firm not covered in this review, a
prior review, or the original less-than-fair-value investigation, but
the manufacturer is, the cash deposit rate will be the rate established
for the most recent period for the manufacturer of the subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will be the PRC-wide rate of 198.63 percent. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 4, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Comment 1: FOP Database Used to Calculate Bluefield's Normal Value
Comment 2: Calculation of Land Rent
Comment 3: Valuation of Rice Straw
Comment 4: Valuation of Manure
Comment 5: Use of Indian Surrogate Values to Value Manure and Straw
Comment 6: Valuation of Coal
Comment 7: Valuation of Water
[FR Doc. 2012-22353 Filed 9-10-12; 8:45 am]
BILLING CODE 3510-DS-P
