Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 15683-15686 [2013-05643]
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
Foreign Trade-Zones Board (the Board)
(15 CFR 400.22) was received on
February 13, 2013.
The TTI facilities are located within
Subzone 196A at 2601 Sylvania Cross
Drive and 2441 Northeast Parkway, Fort
Worth (Tarrant County), Texas. The
facilities are used for electromechanical
and circuit protection device
production/kitting for a variety of
commercial, aerospace and military
applications. Pursuant to 15 CFR
400.14(b) of the regulations, FTZ
activity would be limited to the specific
foreign-status materials and components
and specific finished products included
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt TTI from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, TTI would be able
to choose the duty rates during customs
entry procedures that apply to resistors,
capacitors, connectors, discretes,
potentiometers, trimmers, magnetic and
circuit protection components, wire and
cable, wire and cable identification
markers, application tools for crimping,
insertion/extraction, and terminal
removal, and electromechanical devices
(duty rates range from free to 3.5%) for
the foreign status inputs noted below.
Customs duties also could possibly be
deferred or reduced on foreign status
production equipment.
The components and materials
sourced from abroad include: Rubber
and plastic gaskets, washers, and seals;
circuit protection devices (including
connectors); molded parts for connector
assemblies; metal contacts; plastic
fittings; insulators (including, quartz,
Teflon, silicon and ceramic); base metal
insulating materials (including electrical
conduit tubing); electrical circuit
switching and protection components;
and iron and steel wire components
(duty rates range from free to 5.3%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
22, 2013.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
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For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: March 7, 2013.
Executive Secretary.
[FR Doc. 2013–05661 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–DS–P
15683
Signed at Washington, DC, this March 5,
2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–05660 Filed 3–11–13; 8:45 am]
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
DEPARTMENT OF COMMERCE
[Order No. 1887]
Reorganization and Expansion of
Foreign-Trade Zone 171 Under
Alternative Site Framework; Liberty
County, TX
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a-81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, Liberty County Economic
Development Corporation, grantee of
Foreign-Trade Zone 171, submitted an
application to the Board (FTZ Docket B–
85–2012, docketed 11/14/2012) for
authority to reorganize and expand
under the ASF with a service area of
Liberty and Chambers Counties, Texas,
within and adjacent to the Houston
Customs and Border Protection port of
entry, FTZ 171’s Sites 1, 2, 3 and 9
would be removed from the zone,
existing Sites 4, 5, 6, 7 and 8 would be
categorized as magnet sites, and the
grantee proposes a new magnet site (Site
10);
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 69789, 11/21/2012) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 171 under the ASF is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the zone,
and to a five-year ASF sunset provision
for magnet sites that would terminate
authority for Sites 4, 5, 6, 7, 8 and 10
if not activated by March 30, 2018.
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BILLING CODE 3510–DS–P
Foreign-Trade Zones Board
[S–3–2013]
Approval of Subzone Status,
Expeditors International of
Washington, Inc.; El Paso, TX
On January 7, 2013, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the City of El Paso, grantee
of FTZ 68, requesting subzone status
subject to the existing activation limit of
FTZ 68, on behalf of Expeditors
International of Washington, Inc., in El
Paso, Texas.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (78 FR 4124, 1/18/2013). The
FTZ staff examiner reviewed the
application and determined that it
meets the criteria for approval.
Pursuant to the authority delegated to
the FTZ Board’s Executive Secretary (15
CFR Sec. 400.36(f)), the application to
establish Subzone 68A is approved,
subject to the FTZ Act and the Board’s
regulations, including Section 400.13
and further subject to FTZ 68’s 2,000acre activation limit.
Dated: March 5, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–05650 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–DS–P
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; 2011–
2012
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective March 12, 2013.
AGENCY:
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
The Department of Commerce
(the Department) is currently
conducting an administrative review of
the antidumping duty order on certain
preserved mushrooms (mushrooms)
from the People’s Republic of China
(PRC) covering the period of review
(POR) February 1, 2011, through January
31, 2012. We preliminarily determine
that sales made by Blue Field (Sichuan)
Food Industrial Co. (Blue Field) were
below normal value (NV). With respect
to Dujiangyan Xingda Foodstuff Co.,
Ltd. (Xingda) and Zhejiang Iceman
Group Co., Ltd./Zhejiang Iceman Food
Co., Ltd. (Iceman),1 these companies
failed to establish that they are separate
from the PRC-wide entity. As a result,
the PRC-wide entity is now under
review. We have preliminarily applied
adverse facts available (‘‘AFA’’) to the
PRC-wide entity because elements of the
entity, Xingda and Iceman, failed to act
to the best of their ability in complying
with the Department’s request for
information in this review within the
established deadlines and significantly
impeded the proceeding. We invite
interested parties to comment on these
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) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Scope of the Order
The products covered by this
antidumping order are certain preserved
mushrooms, whether imported whole,
sliced, diced, or as stems and pieces.
The preserved mushrooms covered
under this order are the species
Agaricus bisporus and Agaricus
bitorquis. ‘‘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
1 The Department has found Zhejiang Iceman
Food Co., Ltd. should be equated with Zhejiang
Iceman Group Co., Ltd. See Certain Preserved
Mushrooms From the People’s Republic of China:
Amended Final Results of Antidumping Duty
Administrative Review, 76 FR 70112 (November 10,
2011).
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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.
Partial Rescission of Review
For those companies named in the
Initiation Notice 2 for which all review
requests have been withdrawn and are
not part of the PRC-wide entity, we are
rescinding this administrative review, in
accordance with 19 CFR 351.213(d)(1).
The companies for which we are
rescinding this review include: (1)
Guangxi Jisheng Foods, Inc. (Jisheng),
(2) Xiamen International Trade &
Industrial Co., Ltd. (XITIC), (3) Linyi
City Kangfa Foodstuff Drinkable Co.,
Ltd. (Kangfa), and (4) Zhangzhou
Gangchang Canned Foods Co., Ltd.3
(Zhangzhou Gangchang).
Intent Not To Rescind Review in Part
We have received withdrawal of
review requests for the following
companies that remain a part of the
PRC-wide entity, which is currently
under review: (1) China National
Cereals, Oils & Foodstuffs Import &
Export Corp. (China National), (2) China
Processed Food Import & Export Co.
(China Processed), (3) Fujian Pinghe
Baofeng Canned Foods (Fujian Pinghe),
(4) Fujian Yuxing Fruits and Vegetables
Foodstuffs Development Co., Ltd.
(Fujian Yuxing), (5) Fujian Zishan
Group Co., Ltd. (Fujian Zishan), (6)
Guangxi Eastwing Trading Co., Ltd.
(Guangxi Eastwing), (7) Inter-Foods
(Dongshan) Co., Ltd. (Inter-Foods), (8)
Longhai Guangfa Food Co., Ltd.(Longhai
Guangfa), (9) Primera Harvest (Xiangfan)
Co., Ltd. (Primera Harvest), (10)
Shandong Fengyu Edible Fungus
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, and Deferral of
Administrative Review, 77 FR 19179 (March 30,
2012) (Initiation Notice).
3 Zhangzhou Gangchang Canned Foods Co., Ltd.,
Fujian was found to be the name of the company
initially referenced by that party and the
Department as Zhangzhou Gangchang Canned
Foods Co., Ltd. See Certain Preserved Mushrooms
from the People’s Republic of China: Preliminary
Results of Antidumping Duty New Shipper Reviews
74 FR 14772 (April 1, 2009) unchanged at Certain
Preserved Mushrooms from the People’s Republic of
China: Final Results of Antidumping Duty New
Shipper Reviews 74 FR 28882 (June 18, 2009).
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Corporation Ltd. (Shandong Fengyu),
(11) Sun Wave Trading Co., Ltd. (Sun
Wave Trading), (12) Xiamen Greenland
Import & Export Co., Ltd. (Xiamen
Greenland), (13) Xiamen Gulong Import
& Export Co., Ltd. (Xiamen Gulong), (14)
Xiamen Jiahua Import & Export Trading
Co., Ltd. (Xiamen Jiahua), (15) Xiamen
Longhuai Import & Export Co., Ltd.
(Xiamen Longhuai), and (16) Zhangzhou
Long Mountain Food Co., Ltd.
(Zhangzhou Long Mountain) and (17)
Zhangzhou Golden Banyan Foodstuffs
Industrial Co., Ltd. (Zhangzhou Golden
Banyan).4
For those companies named in the
Initiation Notice 5 for which all review
requests have been withdrawn, but
which have not previously received
separate rate status, the Department’s
practice is to refrain from rescinding the
review with respect to these companies
at this time. As explained above,
requests for review of several companies
belonging to the PRC-wide entity were
timely withdrawn. While the requests
for review were timely withdrawn, the
companies remain part of the PRC-wide
entity. The PRC-wide entity is under
review for these preliminary results.
Therefore, at this time, we are not
rescinding this review with respect to
those companies belonging to the PRCwide entity for which a request for
review has been withdrawn.
Preliminary Determination of No
Shipments
The following companies submitted
timely certifications of no shipments
during the POR: (1) Guangxi Hengyong
Industrial & Commercial Dev., Ltd.
(Guangxi Hengyong), (2) Zhangzhou
Tongfa Foods Industry Co., Ltd
(Zhangzhou Tongfa), (3) Zhangzhou
Hongda Import & Export Trading Co.,
Ltd. (Zhangzhou Hongda), and (4)
Golden Banyan. Based on the noshipment certifications and our analysis
of the CBP information, we preliminary
determine that Guangxi Hengyong,
Zhangzhou Tongfa, Zhangzhou Hongda,
and Golden Banyan did not have any
reviewable transactions during the POR.
In addition, the Department finds that
consistent with its recently announced
refinement to its assessment practice in
4 The Department considers Zhangzhou Golden
Banyan to be distinct from another company with
a similar name for which a review was requested,
Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd. (Golden Banyan). In the immediately-preceding
review, the Department calculated a separate rate
for Golden Banyan, while it considered Zhangzhou
Golden Banyan to remain a part of the PRC-wide
entity. See Certain Preserved Mushrooms From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, 77 FR
55808 (September 11, 2012).
5 See Initiation Notice, 77 FR 19179.
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
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
Guangxi Hengyong, Zhangzhou Tongfa,
Zhangzhou Hongda, and Golden Banyan
and issue appropriate instructions to
CBP based on the final results of the
review.6
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Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. Because the PRC is an
NME within the meaning of section
771(18) of the Act, normal value has
been calculated in accordance with
section 773(c) of the Act. Specifically,
the respondent’s factors of production
have been valued using Colombian
prices (when available); Colombia is
economically comparable to the PRC
and a significant producer of
comparable merchandise. For a full
description of these surrogate values
and the methodology underlying our
conclusions, please see the memoranda
entitled ‘‘Memorandum for the
Preliminary Results in the
Administrative Review: Certain
Preserved Mushrooms from the People’s
Republic of China’’ (Preliminary Results
Decision Memorandum) and ‘‘Certain
Preserved Mushrooms from the People’s
Republic of China: Surrogate-Value
Memorandum’’ both of which are dated
concurrently with this notice and
incorporated herein by reference. The
Preliminary Results 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, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Results
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov.ia. The signed and
electronic versions of the Preliminary
Results Decision Memorandum are
identical in content.
Preliminary Results of the Review
The Department has determined that
the following preliminary dumping
margins exist for the period February 1,
2011, through January 31, 2012:
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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15685
Department has extended the deadline),
the applicable deadline for submission
Weightedof such factual information, an
average mar- interested party may submit factual
Exporter
gin
information to rebut, clarify, or correct
(percent)
the factual information no later than ten
days after such factual information is
Blue Field (Sichuan) Food
Industrial Co ......................
102.11 served on the interested party. However,
PRC-wide entity 7 ..................
308.33 the Department generally will not
accept in the rebuttal submission
Disclosure and Public Comment
additional or alternative surrogate value
information not previously on the
The Department will disclose to
record, if the deadline for submission of
parties to this proceeding the
surrogate value information has
calculations performed in reaching the
passed.11 Furthermore, the Department
preliminary results within five days of
generally will not accept business
the date of publication of these
proprietary information in either the
preliminary results.8 Interested parties
surrogate value submissions or the
may submit written comments no later
rebuttals thereto, as the regulation
than 30 days after publication of the
preliminary results. Rebuttals to written regarding the submission of surrogate
values allows only for the submission of
comments may be filed no later than
five days after the written comments are publicly available information.12
filed.9
Assessment Rates
Any interested party may request a
Upon issuing the final results of the
hearing within 30 days of publication of
review, the Department shall determine,
this notice. Hearing requests should
and U.S. Customs and Border Protection
contain the following information: (1)
(CBP) shall assess, antidumping duties
The party’s name, address, and
on all appropriate entries. The
telephone number; (2) the number of
Department intends to issue assessment
participants; and (3) a list of the issues
instructions to CBP 15 days after the
to be discussed. Oral presentations will
date of publication of the final results of
be limited to issues raised in the case
briefs. If a request for a hearing is made, review. For any individually examined
respondents whose weighted-average
parties will be notified of the date and
dumping margin is above de minimis,
time for the hearing to be held at the
we will calculate importer-specific ad
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, valorem duty assessment rates based on
the ratio of the total amount of dumping
DC 20230.10
calculated for the importer’s examined
The Department intends to issue the
sales to the total entered value of those
final results of this administrative
same sales in accordance with 19 CFR
review, including the results of our
analysis of the issues raised in any such 351.212(b)(1).13
We will instruct CBP to assess
comments, within 120 days after the
publication of these preliminary results, antidumping duties on all appropriate
entries covered by this review when the
pursuant to section 751(a)(3)(A) of the
importer-specific assessment rate
Act.
calculated in the final results of this
Deadline for Submission of Publicly
review is above de minimis. Where
Available Surrogate Value Information either the respondent’s weightedIn accordance with 19 CFR
average dumping margin is zero or de
351.301(c)(3)(ii), the deadline for
minimis, or an importer-specific
submission of publicly available
assessment rate is zero or de minimis,
information to value factors of
we will instruct CBP to liquidate the
production (FOPs) under 19 CFR
appropriate entries without regard to
351.408(c) is 20 days after the date of
antidumping duties. The Department
publication of these preliminary results. recently announced a refinement to its
In accordance with 19 CFR
11 See, e.g., Glycine from the People’s Republic of
351.301(c)(1), if an interested party
China: Final Results of Antidumping Duty
submits factual information less than
Administrative Review and Final Rescission, In
ten days before, on, or after (if the
7 The
PRC-wide entity includes, among other
companies: Dujiangyan Xingda Foodstuffs Co., Ltd.,
(Xingda) Ayecue (Liaocheng) Foodstuffs Co., Ltd.
(Ayecue), Shandong Jiufa Edible Fungus
Corporation, Ltd., (Shandong Jiufa), and Zhejiang
Iceman Group Co., Ltd. (Iceman).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(c) and (d).
10 See 19 CFR 351.310(c).
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Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
12 See 19 CFR 351.301(c)(3).
13 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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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices
assessment practice in NME cases.
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 PRC-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.14
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.
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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) The
cash deposit rate for Blue Field, 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 any previously
reviewed or investigated PRC and nonPRC 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 PRCwide entity (i.e., 308.33 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
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011)
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Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix—List of Topics Discussed in
the Preliminary Results Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Partial Rescission of Review
5. Intent Not To Rescind Review in Part
6. Preliminary Determination of No
Shipments
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-Wide Entity
12. Adverse Facts Available
13. Surrogate Country
14. Fair Value Comparisons
15. U.S. Price
16. Normal Value
17. Factors Valuation
18. Currency Conversion
19. Conclusion
[FR Doc. 2013–05643 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–822]
Certain Frozen Warmwater Shrimp
From Thailand: Preliminary Results of
Antidumping Duty Administrative
Review and Intent To Revoke the Order
(in Part); 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from
Thailand with respect to 150 1
companies. The respondents which the
Department selected for individual
examination are Marine Gold Products
Limited (Marine Gold), and Thai Union
Frozen Products Public Co., Ltd. and
Thai Union Seafood Co., Ltd.
SUMMARY:
1 This figure does not include those companies
for which the Department is rescinding the
administrative review.
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(collectively, Thai Union).2 The period
of review (POR) is February 1, 2011,
through January 31, 2012.
We have preliminarily determined
that sales to the United States have been
made at prices below normal value. We
have also preliminarily determined to
revoke the antidumping duty order with
respect to shrimp from Thailand
produced and exported by Marine Gold.
Finally, the Department also
preliminarily determines that 11
additional exporters made no shipments
of subject merchandise during the POR.
If these preliminary results are adopted
in the final results of this review, we
will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on all appropriate entries.
DATES: Effective Date: March 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or Dennis McClure, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345 or (202) 482–
5973, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.3
The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
2 In the 2006–2007 administrative review, the
Department found that the following companies
comprised a single entity: Thai Union Frozen
Products Public Co., Ltd. and Thai Union Seafood
Co., Ltd. See Certain Frozen Warmwater Shrimp
From Thailand: Preliminary Results and
Preliminary Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 12088 (March 6,
2008), unchanged in Certain Frozen Warmwater
Shrimp From Thailand: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 50933 (August 29,
2008). Absent information to the contrary, we
intend to continue to treat these companies as a
single entity for purposes of this administrative
review.
3 See the ‘‘Decision Memorandum for Preliminary
Results of Review for the Antidumping Duty
Administrative Review of Certain Frozen
Warmwater Shrimp from Thailand,’’ (Preliminary
Decision Memorandum) from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
dated concurrently with these results, for a
complete description of the Scope of the Order.
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15683-15686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05643]
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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; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective March 12, 2013.
[[Page 15684]]
SUMMARY: The Department of Commerce (the Department) is currently
conducting an administrative review of the antidumping duty order on
certain preserved mushrooms (mushrooms) from the People's Republic of
China (PRC) covering the period of review (POR) February 1, 2011,
through January 31, 2012. We preliminarily determine that sales made by
Blue Field (Sichuan) Food Industrial Co. (Blue Field) were below normal
value (NV). With respect to Dujiangyan Xingda Foodstuff Co., Ltd.
(Xingda) and Zhejiang Iceman Group Co., Ltd./Zhejiang Iceman Food Co.,
Ltd. (Iceman),\1\ these companies failed to establish that they are
separate from the PRC-wide entity. As a result, the PRC-wide entity is
now under review. We have preliminarily applied adverse facts available
(``AFA'') to the PRC-wide entity because elements of the entity, Xingda
and Iceman, failed to act to the best of their ability in complying
with the Department's request for information in this review within the
established deadlines and significantly impeded the proceeding. We
invite interested parties to comment on these preliminary results.
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\1\ The Department has found Zhejiang Iceman Food Co., Ltd.
should be equated with Zhejiang Iceman Group Co., Ltd. See Certain
Preserved Mushrooms From the People's Republic of China: Amended
Final Results of Antidumping Duty Administrative Review, 76 FR 70112
(November 10, 2011).
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-
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4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this antidumping order are certain
preserved mushrooms, whether imported whole, sliced, diced, or as stems
and pieces. The preserved mushrooms covered under this order are the
species Agaricus bisporus and Agaricus bitorquis. ``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.
Partial Rescission of Review
For those companies named in the Initiation Notice \2\ for which
all review requests have been withdrawn and are not part of the PRC-
wide entity, we are rescinding this administrative review, in
accordance with 19 CFR 351.213(d)(1). The companies for which we are
rescinding this review include: (1) Guangxi Jisheng Foods, Inc.
(Jisheng), (2) Xiamen International Trade & Industrial Co., Ltd.
(XITIC), (3) Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa),
and (4) Zhangzhou Gangchang Canned Foods Co., Ltd.\3\ (Zhangzhou
Gangchang).
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, and
Deferral of Administrative Review, 77 FR 19179 (March 30, 2012)
(Initiation Notice).
\3\ Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian was found
to be the name of the company initially referenced by that party and
the Department as Zhangzhou Gangchang Canned Foods Co., Ltd. See
Certain Preserved Mushrooms from the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Reviews 74 FR
14772 (April 1, 2009) unchanged at Certain Preserved Mushrooms from
the People's Republic of China: Final Results of Antidumping Duty
New Shipper Reviews 74 FR 28882 (June 18, 2009).
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Intent Not To Rescind Review in Part
We have received withdrawal of review requests for the following
companies that remain a part of the PRC-wide entity, which is currently
under review: (1) China National Cereals, Oils & Foodstuffs Import &
Export Corp. (China National), (2) China Processed Food Import & Export
Co. (China Processed), (3) Fujian Pinghe Baofeng Canned Foods (Fujian
Pinghe), (4) Fujian Yuxing Fruits and Vegetables Foodstuffs Development
Co., Ltd. (Fujian Yuxing), (5) Fujian Zishan Group Co., Ltd. (Fujian
Zishan), (6) Guangxi Eastwing Trading Co., Ltd. (Guangxi Eastwing), (7)
Inter-Foods (Dongshan) Co., Ltd. (Inter-Foods), (8) Longhai Guangfa
Food Co., Ltd.(Longhai Guangfa), (9) Primera Harvest (Xiangfan) Co.,
Ltd. (Primera Harvest), (10) Shandong Fengyu Edible Fungus Corporation
Ltd. (Shandong Fengyu), (11) Sun Wave Trading Co., Ltd. (Sun Wave
Trading), (12) Xiamen Greenland Import & Export Co., Ltd. (Xiamen
Greenland), (13) Xiamen Gulong Import & Export Co., Ltd. (Xiamen
Gulong), (14) Xiamen Jiahua Import & Export Trading Co., Ltd. (Xiamen
Jiahua), (15) Xiamen Longhuai Import & Export Co., Ltd. (Xiamen
Longhuai), and (16) Zhangzhou Long Mountain Food Co., Ltd. (Zhangzhou
Long Mountain) and (17) Zhangzhou Golden Banyan Foodstuffs Industrial
Co., Ltd. (Zhangzhou Golden Banyan).\4\
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\4\ The Department considers Zhangzhou Golden Banyan to be
distinct from another company with a similar name for which a review
was requested, Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.
(Golden Banyan). In the immediately-preceding review, the Department
calculated a separate rate for Golden Banyan, while it considered
Zhangzhou Golden Banyan to remain a part of the PRC-wide entity. See
Certain Preserved Mushrooms From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 77 FR 55808
(September 11, 2012).
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For those companies named in the Initiation Notice \5\ for which
all review requests have been withdrawn, but which have not previously
received separate rate status, the Department's practice is to refrain
from rescinding the review with respect to these companies at this
time. As explained above, requests for review of several companies
belonging to the PRC-wide entity were timely withdrawn. While the
requests for review were timely withdrawn, the companies remain part of
the PRC-wide entity. The PRC-wide entity is under review for these
preliminary results. Therefore, at this time, we are not rescinding
this review with respect to those companies belonging to the PRC-wide
entity for which a request for review has been withdrawn.
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\5\ See Initiation Notice, 77 FR 19179.
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Preliminary Determination of No Shipments
The following companies submitted timely certifications of no
shipments during the POR: (1) Guangxi Hengyong Industrial & Commercial
Dev., Ltd. (Guangxi Hengyong), (2) Zhangzhou Tongfa Foods Industry Co.,
Ltd (Zhangzhou Tongfa), (3) Zhangzhou Hongda Import & Export Trading
Co., Ltd. (Zhangzhou Hongda), and (4) Golden Banyan. Based on the no-
shipment certifications and our analysis of the CBP information, we
preliminary determine that Guangxi Hengyong, Zhangzhou Tongfa,
Zhangzhou Hongda, and Golden Banyan did not have any reviewable
transactions during the POR. In addition, the Department finds that
consistent with its recently announced refinement to its assessment
practice in
[[Page 15685]]
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 Guangxi Hengyong, Zhangzhou Tongfa, Zhangzhou Hongda,
and Golden Banyan and issue appropriate instructions to CBP based on
the final results of the review.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
price is calculated in accordance with section 772 of the Act. Because
the PRC is an NME within the meaning of section 771(18) of the Act,
normal value has been calculated in accordance with section 773(c) of
the Act. Specifically, the respondent's factors of production have been
valued using Colombian prices (when available); Colombia is
economically comparable to the PRC and a significant producer of
comparable merchandise. For a full description of these surrogate
values and the methodology underlying our conclusions, please see the
memoranda entitled ``Memorandum for the Preliminary Results in the
Administrative Review: Certain Preserved Mushrooms from the People's
Republic of China'' (Preliminary Results Decision Memorandum) and
``Certain Preserved Mushrooms from the People's Republic of China:
Surrogate-Value Memorandum'' both of which are dated concurrently with
this notice and incorporated herein by reference. The Preliminary
Results 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, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Results Decision Memorandum can be accessed directly on the Internet at
https://www.trade.gov.ia. The signed and electronic versions of the
Preliminary Results Decision Memorandum are identical in content.
Preliminary Results of the Review
The Department has determined that the following preliminary
dumping margins exist for the period February 1, 2011, through January
31, 2012:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Blue Field (Sichuan) Food Industrial Co................. 102.11
PRC-wide entity \7\..................................... 308.33
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will 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.\8\
Interested parties may submit written comments no later than 30 days
after publication of the preliminary results. Rebuttals to written
comments may be filed no later than five days after the written
comments are filed.\9\
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\7\ The PRC-wide entity includes, among other companies:
Dujiangyan Xingda Foodstuffs Co., Ltd., (Xingda) Ayecue (Liaocheng)
Foodstuffs Co., Ltd. (Ayecue), Shandong Jiufa Edible Fungus
Corporation, Ltd., (Shandong Jiufa), and Zhejiang Iceman Group Co.,
Ltd. (Iceman).
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c) and (d).
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Any interested party may request a hearing within 30 days of
publication of this notice. 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.\10\
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\10\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised in any such comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production (FOPs) under 19 CFR 351.408(c) is 20 days after the date of
publication of these preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\11\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\12\
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\11\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, In Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\12\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. 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 importer-specific ad valorem duty assessment
rates 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 in accordance with 19 CFR 351.212(b)(1).\13\
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\13\ 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 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. The
Department recently announced a refinement to its
[[Page 15686]]
assessment practice in NME cases. 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 PRC-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.\14\
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\14\ 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 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 rate for Blue Field, 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 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., 308.33 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Preliminary Results Decision
Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Partial Rescission of Review
5. Intent Not To Rescind Review in Part
6. Preliminary Determination of No Shipments
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-Wide Entity
12. Adverse Facts Available
13. Surrogate Country
14. Fair Value Comparisons
15. U.S. Price
16. Normal Value
17. Factors Valuation
18. Currency Conversion
19. Conclusion
[FR Doc. 2013-05643 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P
