Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 15683-15686 [2013-05643]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 17:21 Mar 11, 2013 Jkt 229001 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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: E:\FR\FM\12MRN1.SGM 12MRN1 15684 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: mstockstill on DSK4VPTVN1PROD with NOTICES 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). VerDate Mar<15>2010 17:21 Mar 11, 2013 Jkt 229001 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. E:\FR\FM\12MRN1.SGM 12MRN1 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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 http://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 http:// 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). VerDate Mar<15>2010 17:21 Mar 11, 2013 Jkt 229001 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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). E:\FR\FM\12MRN1.SGM 12MRN1 15686 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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) VerDate Mar<15>2010 17:21 Mar 11, 2013 Jkt 229001 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 (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 http://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 
http://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