Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 34037-34039 [2013-13431]
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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.
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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
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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.
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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.
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).
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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
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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:
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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
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
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\10\ Id.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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).
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\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.
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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.
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\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.
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\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).
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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\
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\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
