Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 34037-34039 [2013-13431]

Download as PDF Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period September 1, 2011, through August 31, 2012, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice. Notification to Importers This notice serves as the only 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. Notification Regarding Administrative Protective Orders This notice also serves as a final reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 28, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–13432 Filed 6–5–13; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: June 6, 2013. SUMMARY: On March 12, 2013, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC) covering the period February 1, 2011, through January 31, 2012.1 This review covers the following three companies: Blue Field (Sichuan) Food Industrial Co., Ltd. (Blue Field); Dujiangyan Xingda Foodstuffs Co., Ltd. (Xingda); and Zhejiang Iceman Group (Iceman Group). We provided interested parties an opportunity to comment on the Preliminary Results. We received no comments. The Final Results are unchanged from the Preliminary Results. The final weighted-average dumping margins for this review are listed below in the ‘‘Final Results of Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2475 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 12, 2013, the Department published the Preliminary Results of the instant review.2 By virtue of their failure to respond to our antidumping questionnaire, Xingda and Iceman Group failed to establish that they are separate from the PRC-wide entity.3 Consequently, the Department 1 See Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012, 78 FR 15683 (March 12, 2013) (Preliminary Results). 2 Id. 3 See March 4, 2013 ‘‘Memorandum for the Preliminary Results in the Administrative Review: Certain Preserved Mushrooms from the Peopler’s Republic of China’’ (Preliminary Decision Memorandum) at 8–11. VerDate Mar<15>2010 17:35 Jun 05, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 34037 examined the PRC-wide entity, which included Xingda and Iceman Group, among other companies, for the Preliminary Results and assigned a preliminary weighted-average dumping margin of 308.33 percent.4 We invited interested parties to comment on the Preliminary Results.5 We received no comments from interested parties. Scope of the Order The products covered by this order are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The certain preserved mushrooms covered under this order are the species Agaricus bisporus and Agaricus bitorquis. ‘‘Certain Preserved Mushrooms’’ refers to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heated in containers including, but not limited to, cans or glass jars in a suitable liquid medium, including, but not limited to, water, brine, butter or butter sauce. Certain preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces. Included within the scope of this order are ‘‘brined’’ mushrooms, which are presalted and packed in a heavy salt solution to provisionally preserve them for further processing.6 Excluded from the scope of this order are the following: (1) All other species of mushroom, including straw mushrooms; (2) all fresh and chilled mushrooms, including ‘‘refrigerated’’ or ‘‘quick blanched mushrooms;’’ (3) dried mushrooms; (4) frozen mushrooms; and (5) ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms, which are prepared or preserved by means of vinegar or acetic acid, but may contain oil or other additives. The merchandise subject to this order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). 4 Id. 5 See Preliminary Results, 78 FR at 15685. June 19, 2000, the Department affirmed that ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms containing less than 0.5 percent acetic acid are within the scope of the antidumping duty order. See Recommendation Memorandum-Final Ruling of Request by Tak Fat, et al. for Exclusion of Certain Marinated, Acidified Mushrooms from the Scope of the Antidumping Duty Order on Certain Preserved Mushrooms from the People’s Republic of China,’’ dated June 19, 2000. On February 9, 2005, the United States Court of Appeals for the Federal Circuit upheld this decision. See Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir. 2005). 6 On E:\FR\FM\06JNN1.SGM 06JNN1 34038 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this order is dispositive. Final Determination Not To Rescind Review in Part mstockstill on DSK4VPTVN1PROD with NOTICES In the Preliminary Results, consistent with its practice,7 the Department stated its intent not to rescind the review for the following companies that remain a part of the PRC-wide entity: (1) China National Cereals, Oils & Foodstuffs Import & Export Corp.; (2) China Processed Food Import & Export Co.; (3) Fujian Pinghe Baofeng Canned Foods; (4) Fujian Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd.; (5) Fujian Zishan Group Co., Ltd.; (6) Guangxi Eastwing Trading Co., Ltd.; (7) Inter-Foods (Dongshan) Co., Ltd.; (8) Longhai Guangfa Food Co., Ltd.; (9) Primera Harvest (Xiangfan) Co., Ltd.; (10) Shandong Fengyu Edible Fungus Corporation Ltd.; (11) Sun Wave Trading Co., Ltd.; (12) Xiamen Greenland Import & Export Co., Ltd.; (13) Xiamen Gulong Import & Export Co., Ltd.; (14) Xiamen Jiahua Import & Export Trading Co., Ltd.; (15) Xiamen Longhuai Import & Export Co., Ltd.; (16) Zhangzhou Long Mountain Food Co., Ltd.; and (17) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.8 At that time, we explained that, although the Department received withdrawal of review requests for these companies, we would not rescind the reviews because the PRC-wide entity remains under review.9 Since the Preliminary Results, the Department has not received any information that would cause it to revisit its preliminary determination not to rescind the review with respect to these companies. Accordingly, consistent with its practice, the Department will issue appropriate instructions to U.S. Customs and Border Protection (CBP) for any entries made by these companies during the period of review (POR). 7 See, e.g., Handtrucks and Certain Parts Thereof from the People’s Republic of China: Preliminary Results of the 2010–2011 Antidumping Duty Administrative Review, 78 FR 1835 (January 9, 2013), and accompanying Preliminary Decision Memorandum at 3. 8 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. In the immediately-preceding review, the Department calculated a separate rate for Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., 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). 9 See Preliminary Results, 77 FR at 15684–85. VerDate Mar<15>2010 17:35 Jun 05, 2013 Jkt 229001 Final Determination of No Shipments In the Preliminary Results, consistent with its practice, the Department stated its intent to continue the review of the following companies that claimed no reviewable transactions 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) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.10 Subsequent to the Preliminary Results, no information was submitted on the record that would cause the Department to revisit its preliminary determination of no shipments by these companies. Accordingly, consistent with its practice,11 the Department will issue appropriate instructions to CBP for any entries made by these companies during the POR. Final Results of Review The Department has determined that the following dumping margins exist for the period February 1, 2011, through January 31, 2012: Weightedaverage margin (percent) Exporter specific (or customer-specific) assessment rates for merchandise subject to this review for any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., 0.5 percent).14 Blue Field did not report entered values for its U.S. sales. Accordingly, we calculated a per-unit assessment rate for each of Blue Field’s importers (or customers) by dividing the total dumping margins for reviewed sales to that importer by the kilogram weight of those transactions. For assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit dumping margin. The Department recently announced a refinement to its assessment practice in non-market economy (NME) cases.15 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under the exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the NME-wide rate.16 Cash Deposit Requirements The following cash deposit 102.11 requirements will be effective upon 308.33 publication of this notice of final results of the administrative review for all Disclosure shipments of subject merchandise We will disclose calculation entered or withdrawn from warehouse, memoranda used in our analysis to for consumption, on or after the parties to this proceeding within five publication date, as provided by section days of the date of publication of this 751(a)(2)(C) of the Act: (1) The cash notice pursuant to 19 CFR 351.224(b). deposit rate for the companies subject to this review will be equal to the Assessment Rates respective weighted-average dumping The Department has determined, and margin established in the final results of CBP shall assess, antidumping duties on this review; (2) for previously all appropriate entries of subject investigated or reviewed companies not merchandise in accordance with the listed above that have their own rates, final results of this review.13 The the cash deposit rate will continue to be Department intends to issue assessment the company-specific rate published for instructions to CBP 15 days after the the most recently completed segment of date of publication of these final results this proceeding in which the exporter of review. participated; (3) for all other PRC In accordance with 19 CFR exporters that have not been found to be 351.212(b)(1), we calculated importerentitled to a separate rate, the cash Blue Field (Sichuan) Food Industrial Co., Ltd. .................... PRC-wide entity 12 .................... 10 Id. 11 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 12 The PRC-wide entity includes, among other companies: Dujiangyan Xingda Foodstuffs Co., Ltd., Zhejiang Iceman Group Co., Ltd., Ayecue (Liaocheng) Foodstuffs Co., Ltd., and Shandong Jiufa Edible Fungus Corporation, Ltd. 13 See section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act); 19 CFR 351.212(b)(1). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 14 In these final 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). 15 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 16 See id. E:\FR\FM\06JNN1.SGM 06JNN1 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices deposit rate will be that for the PRCwide entity (i.e., 308.33 percent); and (4) for all non-PRC exporters of the 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 final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 30, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration mstockstill on DSK4VPTVN1PROD with NOTICES RIN 0648–XC684 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. VerDate Mar<15>2010 17:35 Jun 05, 2013 Jkt 229001 Notice; request for comments. The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit application submitted by the Northeast Fisheries Science Center contains all of the required information and warrants further consideration. The Exempted Fishing Permit would exempt participating vessels from the following types of fishery regulations: Minimum fish size restrictions; fish possession limits; prohibited fish species, not including species protected under the Endangered Species Act; and gearspecific fish possession restrictions for the purpose of collecting fishery dependent catch data and biological samples. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on Exempted Fishing Permit applications. DATES: Comments must be received on or before June 21, 2013. ADDRESSES: You may submit written comments by any of the following methods: • Email: nero.efp@noaa.gov. Include in the subject line ‘‘Comments on NEFSC Study Fleet EFP.’’ • Mail: John K. Bullard, Regional Administrator, NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on NEFSC Study Fleet EFP.’’ • Fax: (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, 978–282–8493, Liz.Sullivan@noaa.gov. SUMMARY: Northeast Fisheries Science Center (NEFSC) submitted a complete application for an Exempted Fishing Permit (EFP) on April 11, 2013, to enable data collection activities that the regulations on commercial fishing would otherwise restrict. The EFP would exempt 29 federally permitted commercial fishing vessels from the regulations detailed below while participating in the Study Fleet Program and operating under projects managed by the NEFSC. The EFP would exempt participating vessels from minimum fish size restrictions; fish possession limits; prohibited fish species, not including species protected under the Endangered Species Act; and gear-specific fish possession restrictions for the purpose of at-sea sampling and, SUPPLEMENTARY INFORMATION: [FR Doc. 2013–13431 Filed 6–5–13; 8:45 am] AGENCY: ACTION: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 34039 in limited situations for research purposes only, to retain and land fish. The NEFSC Study Fleet Program was established in 2002 to more fully characterize commercial fishing operations and to leverage sampling opportunities to augment NMFS data collection programs. Participating vessels are contracted by NEFSC to collect tow by tow catch and environmental data, and to fulfill specific biological sampling needs identified by NEFSC. To collect these data, the NEFSC Study Fleet Program has obtained an EFP to secure the necessary waivers needed by the vessels to obtain fish that would otherwise be prohibited by regulations. Crew trained by the NEFSC Study Fleet Program in methods that are consistent with the current NEFSC observer protocol, while under fishing operations, would sort, weigh, and measure fish that are to be discarded. An exemption from minimum fish size restrictions; fish possession limits; prohibited fish species, not including species protected under the Endangered Species Act; and gear-specific fish possession restrictions for at-sea sampling is required because some discarded species would be on deck slightly longer than under normal sorting procedures. Participating vessels would also be authorized to retain and land, in limited situations for research purposes only, fish that do not comply with fishing regulations. The vessels would be authorized to retain specific amounts of particular species in whole or round weight condition, in marked totes, which would be delivered to Study Fleet Program technicians. The NEFSC would require participating vessels to obtain written approval from the NEFSC Study Fleet Program prior to landing any fish in excess of possession limits and/or below minimum size limits to ensure that the landed fish do not exceed any of the Study Fleet Program’s collection needs, as detailed below. None of the landed biological samples from these trips would be sold for commercial use or used for any other purpose other than scientific research. The table below details the regulations from which the participating vessels would be exempt when retaining and landing fish for research purposes. The participating vessels would be required to comply with all other applicable requirements and restrictions specified at 50 CFR part 648, unless specifically exempted in this EFP. All catch of stocks allocated to Sectors by vessels on a Sector trip would be deducted from the Sector’s Annual Catch Entitlement (ACE) for each E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34037-34039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13431]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: June 6, 2013.
SUMMARY: On March 12, 2013, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) covering 
the period February 1, 2011, through January 31, 2012.\1\ This review 
covers the following three companies: Blue Field (Sichuan) Food 
Industrial Co., Ltd. (Blue Field); Dujiangyan Xingda Foodstuffs Co., 
Ltd. (Xingda); and Zhejiang Iceman Group (Iceman Group). We provided 
interested parties an opportunity to comment on the Preliminary 
Results. We received no comments. The Final Results are unchanged from 
the Preliminary Results. The final weighted-average dumping margins for 
this review are listed below in the ``Final Results of Review'' section 
of this notice.
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 15683 (March 12, 2013) (Preliminary 
Results).

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, or Robert James, 
AD/CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
2475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 12, 2013, the Department published the Preliminary Results 
of the instant review.\2\ By virtue of their failure to respond to our 
antidumping questionnaire, Xingda and Iceman Group failed to establish 
that they are separate from the PRC-wide entity.\3\ Consequently, the 
Department examined the PRC-wide entity, which included Xingda and 
Iceman Group, among other companies, for the Preliminary Results and 
assigned a preliminary weighted-average dumping margin of 308.33 
percent.\4\
---------------------------------------------------------------------------

    \2\ Id.
    \3\ See March 4, 2013 ``Memorandum for the Preliminary Results 
in the Administrative Review: Certain Preserved Mushrooms from the 
Peopler's Republic of China'' (Preliminary Decision Memorandum) at 
8-11.
    \4\ Id.
---------------------------------------------------------------------------

    We invited interested parties to comment on the Preliminary 
Results.\5\ We received no comments from interested parties.
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 78 FR at 15685.
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Scope of the Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved 
Mushrooms'' refers to mushrooms that have been prepared or preserved by 
cleaning, blanching, and sometimes slicing or cutting. These mushrooms 
are then packed and heated in containers including, but not limited to, 
cans or glass jars in a suitable liquid medium, including, but not 
limited to, water, brine, butter or butter sauce. Certain preserved 
mushrooms may be imported whole, sliced, diced, or as stems and pieces. 
Included within the scope of this order are ``brined'' mushrooms, which 
are presalted and packed in a heavy salt solution to provisionally 
preserve them for further processing.\6\
---------------------------------------------------------------------------

    \6\ On June 19, 2000, the Department affirmed that 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing 
less than 0.5 percent acetic acid are within the scope of the 
antidumping duty order. See Recommendation Memorandum-Final Ruling 
of Request by Tak Fat, et al. for Exclusion of Certain Marinated, 
Acidified Mushrooms from the Scope of the Antidumping Duty Order on 
Certain Preserved Mushrooms from the People's Republic of China,'' 
dated June 19, 2000. On February 9, 2005, the United States Court of 
Appeals for the Federal Circuit upheld this decision. See Tak Fat v. 
United States, 396 F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------

    Excluded from the scope of this order are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms;'' (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.
    The merchandise subject to this order is classifiable under 
subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS).

[[Page 34038]]

Although the HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of this order is 
dispositive.

Final Determination Not To Rescind Review in Part

    In the Preliminary Results, consistent with its practice,\7\ the 
Department stated its intent not to rescind the review for the 
following companies that remain a part of the PRC-wide entity: (1) 
China National Cereals, Oils & Foodstuffs Import & Export Corp.; (2) 
China Processed Food Import & Export Co.; (3) Fujian Pinghe Baofeng 
Canned Foods; (4) Fujian Yuxing Fruits and Vegetables Foodstuffs 
Development Co., Ltd.; (5) Fujian Zishan Group Co., Ltd.; (6) Guangxi 
Eastwing Trading Co., Ltd.; (7) Inter-Foods (Dongshan) Co., Ltd.; (8) 
Longhai Guangfa Food Co., Ltd.; (9) Primera Harvest (Xiangfan) Co., 
Ltd.; (10) Shandong Fengyu Edible Fungus Corporation Ltd.; (11) Sun 
Wave Trading Co., Ltd.; (12) Xiamen Greenland Import & Export Co., 
Ltd.; (13) Xiamen Gulong Import & Export Co., Ltd.; (14) Xiamen Jiahua 
Import & Export Trading Co., Ltd.; (15) Xiamen Longhuai Import & Export 
Co., Ltd.; (16) Zhangzhou Long Mountain Food Co., Ltd.; and (17) 
Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.\8\ At that 
time, we explained that, although the Department received withdrawal of 
review requests for these companies, we would not rescind the reviews 
because the PRC-wide entity remains under review.\9\ Since the 
Preliminary Results, the Department has not received any information 
that would cause it to revisit its preliminary determination not to 
rescind the review with respect to these companies. Accordingly, 
consistent with its practice, the Department will issue appropriate 
instructions to U.S. Customs and Border Protection (CBP) for any 
entries made by these companies during the period of review (POR).
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    \7\ See, e.g., Handtrucks and Certain Parts Thereof from the 
People's Republic of China: Preliminary Results of the 2010-2011 
Antidumping Duty Administrative Review, 78 FR 1835 (January 9, 
2013), and accompanying Preliminary Decision Memorandum at 3.
    \8\ 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. 
In the immediately-preceding review, the Department calculated a 
separate rate for Fujian Golden Banyan Foodstuffs Industrial Co., 
Ltd., 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).
    \9\ See Preliminary Results, 77 FR at 15684-85.
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Final Determination of No Shipments

    In the Preliminary Results, consistent with its practice, the 
Department stated its intent to continue the review of the following 
companies that claimed no reviewable transactions 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) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.\10\ 
Subsequent to the Preliminary Results, no information was submitted on 
the record that would cause the Department to revisit its preliminary 
determination of no shipments by these companies. Accordingly, 
consistent with its practice,\11\ the Department will issue appropriate 
instructions to CBP for any entries made by these companies during the 
POR.
---------------------------------------------------------------------------

    \10\ Id.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Final Results of Review

    The Department has determined that the following dumping margins 
exist for the period February 1, 2011, through January 31, 2012:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Blue Field (Sichuan) Food Industrial Co., Ltd..............       102.11
PRC-wide entity \12\.......................................       308.33
------------------------------------------------------------------------

Disclosure

    We will disclose calculation memoranda used in our analysis to 
parties to this proceeding within five days of the date of publication 
of this notice pursuant to 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \12\ The PRC-wide entity includes, among other companies: 
Dujiangyan Xingda Foodstuffs Co., Ltd., Zhejiang Iceman Group Co., 
Ltd., Ayecue (Liaocheng) Foodstuffs Co., Ltd., and Shandong Jiufa 
Edible Fungus Corporation, Ltd.
---------------------------------------------------------------------------

Assessment Rates

    The Department has determined, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.\13\ The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review.
---------------------------------------------------------------------------

    \13\ See section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act); 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific (or customer-specific) assessment rates for merchandise 
subject to this review for any individually examined respondents whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 
percent).\14\ Blue Field did not report entered values for its U.S. 
sales. Accordingly, we calculated a per-unit assessment rate for each 
of Blue Field's importers (or customers) by dividing the total dumping 
margins for reviewed sales to that importer by the kilogram weight of 
those transactions. For assessment rates calculated on this basis, we 
will direct CBP to assess the resulting per-unit dumping margin.
---------------------------------------------------------------------------

    \14\ In these final 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).
---------------------------------------------------------------------------

    The Department recently announced a refinement to its assessment 
practice in non-market economy (NME) cases.\15\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by companies individually examined during 
this review, the Department will instruct CBP to liquidate such entries 
at the NME-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under the exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate.\16\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \16\ See id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of subject merchandise entered or withdrawn 
from warehouse, for consumption, on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the companies subject to this review will be equal to the 
respective weighted-average dumping margin established in the final 
results of this review; (2) for previously investigated or reviewed 
companies not listed above that have their own rates, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the 
exporter participated; (3) for all other PRC exporters that have not 
been found to be entitled to a separate rate, the cash

[[Page 34039]]

deposit rate will be that for the PRC-wide entity (i.e., 308.33 
percent); and (4) for all non-PRC exporters of the 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 final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-13431 Filed 6-5-13; 8:45 am]
BILLING CODE 3510-DS-P