Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 2012-2013, 69817-69820 [2013-27972]

Download as PDF Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–549–821] Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of Administrative Review of the Antidumping Duty Order; 2006–2007 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 18, 2012, the Court of International Trade (CIT) entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372 (CIT January 18, 2012) (KYD v. United States) affirming the Department’s results of redetermination pursuant to remand, which recalculated the weightedaverage duty margin for polyethylene retail carrier bags (PRCBs) from Thailand produced or exported by King Pac Industrial Co., Ltd. (King Pac) and Master Packaging Co., Ltd. (Master Packaging) and imported by KYD Inc. (KYD) for the period of review (POR) of August 1, 2006, through July 31, 2007, to be 94.62 percent. KYD appealed the CIT’s decision to the Court of Appeals for the Federal Circuit (CAFC). On May 29, 2013, the CAFC affirmed the judgment of the CIT.1 The time for appeal has expired. Accordingly, the Department is amending the final results of the administrative review of the antidumping duty order on PRCBs from Thailand covering the POR, in accordance with KYD v. United States. DATES: Effective Date: November 21, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0410, and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES Background On January 15, 2009, the Department published the final results of the administrative review of the antidumping duty order on PRCBs from Thailand.2 KYD challenged the 1 See KYD Inc. v. United States, Nos. 2012–1533 and 1534, 2013 U.S. App. LEXIS 11984 (Fed. Cir. May 29, 2013) (affirming the CIT’s judgment without opinion, in accordance with Rule 36 of the CAFC’s Rules of Practice). 2 See Polyethylene Retail Carrier Bags from Thailand: Final Results and Partial Rescission of VerDate Mar<15>2010 17:17 Nov 20, 2013 Jkt 232001 Department’s selection of adverse facts available applied to subject merchandise produced or exported by King Pac and Master Packaging at the CIT. On April 28, 2011, the CIT remanded for reconsideration, the selected adverse facts available rate specifically applied to merchandise both produced or exported by King Pac and Master Packaging and imported by KYD.3 On remand, the Department revisited its selection of an adverse facts available rate applied to merchandise produced or exported by King Pac and Master Packaging and imported by KYD, applying a rate of 94.62 percent.4 The CIT affirmed the Department’s Final Remand Results on January 18, 2012.5 The CIT subsequently denied KYD’s motion for reconsideration.6 Upon appeal, the CAFC affirmed the Department’s Final Remand Results on May 29, 2013. KYD did not appeal the CAFC’s judgment. Amended Final Results As the time period for appealing the CAFC’s affirmation of the CIT’s judgment has expired, the litigation is final and conclusive in this proceeding. Pursuant to section 516A(e) of the Tariff Act of 1930, as amended, we are, therefore, amending our final results of review covering the POR August 1, 2006, through July 31, 2007, to reflect the findings of the remand redetermination affirmed in KYD v. United States. Accordingly, the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all subject merchandise both produced or exported by King Pac and Master Packaging and imported by KYD for the period August 1, 2006, through July 31, 2007, at the rate of 94.62 percent, in accordance with these amended final results.7 The Department intends to issue liquidation instructions to CBP 15 days after Antidumping Duty Administrative Review, 74 FR 2511 (January 15, 2009) (Final Results). 3 See KYD Inc. v. United States, 779 F. Supp. 2d 1361 (CIT April 28, 2011). 4 See ‘‘Final Results of Redetermination Pursuant to Remand, KYD Inc. v. United States, Court No. 09–00034, Slip Op. 11–49’’ (August 16, 2011) (Final Remand Results). 5 See KYD v. United States, 807 F. Supp. 2d at 1378. 6 See KYD Inc. v. United States, 836 F. Supp. 2d 1410 (CIT May 8, 2012). 7 Subsequent to the CIT’s affirmance of the Department’s remand redetermination, no administrative review was requested pursuant to 19 CFR 351.213(b) during the applicable anniversary months for entries of subject merchandise produced or exported by King Pac and Master Packaging and imported by KYD. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 69817 publication of these amended final results in the Federal Register. Cash Deposit Requirements The CIT held in its April 28, 2011, judgment, which remanded the Final Results to the Department, that the legal question at issue in this litigation pertained only to entries imported by KYD during the POR and did not pertain to ‘‘future entries whatsoever.’’ 8 Accordingly, in the Final Remand Results, the Department applied the 94.62 percent rate ‘‘only to the assessment of antidumping duties on entries of subject merchandise produced and/or exported by King Pac or Master Packaging and imported by KYD during the period of review.’’ 9 Because the CIT affirmed the Final Remand Results in KYD v. United States, no modification to the Department’s cash deposit instructions is necessary in this case. Notification We are issuing and publishing these amended final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended. Dated: November 15, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2013–27973 Filed 11–20–13; 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 and Rescission in Part of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: November 21, 2013. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC) covering the period of review (POR) February 1, 2012, through January 31, 2013. The Department has preliminarily applied facts otherwise available with an AGENCY: 8 See KYD Inc. v. United States, 779 F. Supp. 2d at 1372. 9 See Final Remand Results, at 21. E:\FR\FM\21NON1.SGM 21NON1 69818 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices adverse inference (AFA) to the PRCwide entity because an element of the entity, Blue Field (Sichuan) Food Industrial Co., Ltd. (Blue Field), failed to act to the best of its ability in complying with the Department’s request for information in this review and, consequently, significantly impeded the proceeding. In addition, the Department is rescinding this administrative review in part with respect to certain exporters for which all review requests have been withdrawn. FOR FURTHER INFORMATION CONTACT: Deborah Scott, Michael J. Heaney, or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2657, (202) 482–4475, 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 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.1 Tolling of Deadlines for Preliminary Results tkelley on DSK3SPTVN1PROD with NOTICES As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the preliminary 1 For a complete description of the scope of the order, see ‘‘Certain Preserved Mushrooms from the People’s Republic of China: Decision Memorandum for the Preliminary Results of the 2012–2013 Administrative Review,’’ dated concurrently with this notice and incorporated herein by reference (Preliminary Decision Memorandum). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). VerDate Mar<15>2010 17:17 Nov 20, 2013 Jkt 232001 results of this review is now November 18, 2013. 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). AFA has been applied to the PRC-wide entity in accordance with section 776 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Partial Rescission of Review For those exporters named in the Initiation Notice 3 that are not part of the PRC-wide entity for which all review requests have been withdrawn, we are rescinding this administrative review, in accordance with 19 CFR 351.213(d)(1). The exporters for which we are rescinding this review include: (1) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden Banyan); 4 (2) Guangxi Hengyong Industrial & Commercial Dev. Ltd.; (3) Guangxi Jisheng Foods, Inc.; (4) Linyi City Kangfa Foodstuff Drinkable Co., Ltd.; (5) Zhangzhou Gangchang Canned Foods Co., Ltd. (aka Zhangzhou Gangchang 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 19197 (March 29, 2013) (Initiation Notice). 4 The Department considers Golden Banyan to be distinct from another company with a similar name for which a review was originally requested, Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (Zhangzhou Golden Banyan). In the administrative review covering the period February 1, 2010 through January 31, 2011, 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). The record of this review does not contain any evidence that suggests these two companies should be considered a single entity. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Canned Foods Co., Ltd., Fujian); 5 and (6) Zhangzhou Tongfa Foods Industry, Co., Ltd. These exporters have separate rates from a prior segment of this proceeding. Therefore, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). Intent Not To Rescind Review in Part We have received withdrawal of review requests for the following exporters that remain a part of the PRCwide entity, which is currently under review: (1) Ayecue (Liaocheng) Foodstuff Co., Ltd.; (2) China National Cereals, Oils & Foodstuffs Import & Export Corp.; (3) China Processed Food Import & Export Co.; (4) Dujiangyan Xingda Foodstuff Co., Ltd.; (5) Fujian Pinghe Baofeng Canned Foods; (6) Fujian Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd.; (7) Fujian Zishan Group Co., Ltd.; (8) Guangxi Eastwing Trading Co., Ltd.; (9) Inter-Foods (Dongshan) Co., Ltd.; (10) Longhai Guangfa Food Co., Ltd.; (11) Primera Harvest (Xiangfan) Co., Ltd.; (12) Shandong Fengyu Edible Fungus Corporation Ltd.; (13) Shandong Jiufa Edible Fungus Corporation, Ltd.; (14) Shandong Yinfeng Rare Fungus Corporation, Ltd.; (15) Sun Wave Trading Co., Ltd.; (16) Xiamen Greenland Import & Export Co., Ltd.; (17) Xiamen Gulong Import & Export Co., Ltd.; (18) Xiamen Jiahua Import & Export Trading Co., Ltd.; (19) Xiamen Longhuai Import & Export Co., Ltd.; (20) Zhangzhou Golden Banyan; (21) Zhangzhou Long Mountain Foods Co., Ltd.; (22) Zhejiang Iceman Food Co., Ltd.; 6 and (23) Zhejiang Iceman Group Co., Ltd. For those exporters named in the Initiation Notice for which all review requests have been withdrawn, but which have not previously received 5 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 in Certain Preserved Mushrooms from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Reviews 74 FR 28882 (June 18, 2009). The record of this review does not contain any evidence that contradicts this finding. 6 The Department has found that 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). The record of this review does not contain any evidence that contradicts this finding. E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices separate rate status, the Department’s practice is to refrain from rescinding the review with respect to these exporters at this time.7 As stated above, requests for review of several exporters belonging to the PRC-wide entity were timely withdrawn. While the requests for review were timely withdrawn, the exporters 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 exporters belonging to the PRCwide entity for which a request for review has been withdrawn. Preliminary Determination of No Shipments Xiamen International Trade & Industrial Co., Ltd. (XITIC) and Zhangzhou Hongda Import & Export Trading Co., Ltd. (Zhangzhou Hongda) submitted timely certifications of no shipments, entries, or sales of subject merchandise during the POR. The Department issued a ‘‘No Shipment Inquiry’’ to CBP to confirm that there were no entries of subject merchandise exported by XITIC or Zhangzhou Hongda during the POR. Based on the certifications and our analysis of CBP information, we preliminary determine that XITIC and Zhangzhou Hongda did not have any reviewable transactions during the POR. However, consistent with our practice, the Department finds that it is not appropriate to rescind the review with respect to XITIC and Zhangzhou Hongda, but rather to complete the review of XITIC and Zhangzhou Hongda and issue appropriate instructions to CBP based on the final results of the review.8 Preliminary Results of the Review tkelley on DSK3SPTVN1PROD with NOTICES The Department has preliminarily determined that the following weightedaverage dumping margin exists for the period February 1, 2012 through January 31, 2013: 7 See, e.g., Small Diameter Graphite Electrodes From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 78 FR 55680, 55681 (September 11, 2013). 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Mar<15>2010 18:20 Nov 20, 2013 Jkt 232001 69819 instruct CBP to assess antidumping duties on all appropriate entries. The Exporter Department intends to issue appropriate partial rescission assessment PRC-wide entity 9 .......... 308.33 instructions directly to CBP 15 days after publication of these preliminary results of review in the Federal Public Comment and Opportunity To Register. Request a Hearing Upon issuance of the final results of Interested parties may submit case this review, the Department will briefs within 30 days after the date of publication of this notice of preliminary determine, and CBP shall assess, antidumping duties on all appropriate results of the review.10 Rebuttal briefs, entries of subject merchandise covered which must be limited to issues raised by this review.16 For the PRC-wide in the case briefs, must be filed within entity, we will instruct CBP to assess five days after the time limit for filing antidumping duties at an ad valorem case briefs.11 Parties who submit case rate equal to the weighted-average briefs or rebuttal briefs in this proceeding are requested to submit with dumping margin published in the final results of this review. The Department each argument: (1) A statement of the intends to issue assessment instructions issue; (2) a brief summary of the to CBP 15 days after the date of argument; and (3) a table of publication of the final results of this authorities.12 Interested parties review in the Federal Register. submitting case and rebuttal briefs The Department recently announced a should do so pursuant to the refinement to its assessment practice in Department’s electronic filing system, NME cases. Pursuant to this refinement IA ACCESS.13 in practice, for entries that were not Any interested party may request a reported in U.S. sales databases hearing within 30 days of the submitted by companies individually publication of this notice.14 Hearing examined during the review, the requests should contain the following information: (1) The party’s name, Department will instruct CBP to address, and telephone number; (2) the liquidate such entries at the PRC-wide number of participants; and (3) a list of rate. In addition, if the Department the issues to be discussed. Oral determines that an exporter under argument presentations will be limited review had no shipments of the subject to issues raised in the briefs. If a request merchandise, any suspended entries for a hearing is made, parties will be that entered under that exporter’s case notified of the date and time for the number (i.e., at that exporter’s rate) will hearing to be held at the U.S. be liquidated at the PRC-wide rate.17 Department of Commerce, 1401 Constitution Avenue NW., Washington, Cash Deposit Requirements DC 20230.15 The following cash deposit The Department intends to issue the requirements, when imposed, will apply final results of this administrative to all shipments of subject merchandise review, which will include the results of entered, or withdrawn from warehouse, our analysis of all issues raised in the for consumption on or after the briefs, within 120 days after the publication of the final results of this publication of these preliminary results administrative review, as provided by in the Federal Register, pursuant to section 751(a)(2)(C) of the Act: (1) For section 751(a)(3)(A) of the Act. any previously reviewed or investigated PRC and non-PRC exporter not listed Assessment Rates above that received a separate rate in a With regard to the partial rescission of previous segment of this proceeding, the this review, the Department will cash deposit rate will continue to be the existing exporter-specific rate published 9 The PRC-wide entity includes, among other for the most recently completed period; companies, Blue Field (Sichuan) Food Industrial (2) for all PRC exporters that have not Co., Ltd. Weightedaverage dumping margin (percent) 10 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d)(1)–(2). 12 See 19 CFR 351.309(c)(2), (d)(2). 13 See 19 CFR 351.303(b). 14 See 19 CFR 351.310(c). 15 See 19 CFR 351.310(d). 11 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 16 See 19 CFR 351.212(b). a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 17 For E:\FR\FM\21NON1.SGM 21NON1 69820 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 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 (3) 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 also 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 the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 15, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary 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. The PRC-Wide Entity 10. Adverse Facts Available 11. Conclusion BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration tkelley on DSK3SPTVN1PROD with NOTICES [A–570–964] Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2011–2012 Enforcement and Compliance, Formerly Import Administration, International Trade Administration, Department of Commerce. VerDate Mar<15>2010 17:17 Nov 20, 2013 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: Scope of Order The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.1 Tolling of Deadlines for Preliminary Results [FR Doc. 2013–27972 Filed 11–20–13; 8:45 am] AGENCY: In response to requests from interested parties, the Department of Commerce (the ‘‘Department’’) is conducting the second administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People’s Republic of China (‘‘PRC’’), covering the period November 1, 2011 through October 31, 2012. The Department has preliminarily determined that during the period of review (‘‘POR’’) respondents in this proceeding have made sales of subject merchandise at less than normal value (‘‘NV’’). DATES: Effective Date: November 21, 2013. SUMMARY: As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the preliminary 1 See Seamless Refined Copper Pipe and Tube From Mexico and the People’s Republic of China: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value From Mexico, 75 FR 71070 (November 22, 2010). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 results of this review is now November 18, 2013. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The Department is rescinding this review with regard to Luvata Tube (Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd., as parties have timely withdrawn all review requests with respect to these companies. Because Luvata Tube (Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd. have separate rates from a prior completed segment of this proceeding, antidumping duties shall be assessed at rates equal to the rates of the cash deposits of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). Reviews were also requested for Shanghai Hailiang Metal Trading Limited and Hong Kong Hailiang Metal, companies named in the Initiation Notice,3 and those requests were also timely withdrawn. However, we are not rescinding the reviews for these two companies at this time, because they do not have a separate rate and, therefore, each currently remains part of the PRCwide entity. The PRC-wide entity is currently subject to this administrative review. Methodology The Department has conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the ‘‘Act’’). Export prices and constructed export prices were calculated in accordance with section 772 of the Act. Because the PRC is a nonmarket economy within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c) of the Act. Specifically, the respondent’s factors of production have been valued using prices in Thailand, which is at a level of economical development comparable to that of the PRC and a significant producer of merchandise comparable to the subject merchandise. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 77017 (December 31, 2012). These companies are not included in the collapsed entity of Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., and Shanghai Hailiang Copper Co., Ltd. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69817-69820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27972]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: November 21, 2013.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) covering 
the period of review (POR) February 1, 2012, through January 31, 2013. 
The Department has preliminarily applied facts otherwise available with 
an

[[Page 69818]]

adverse inference (AFA) to the PRC-wide entity because an element of 
the entity, Blue Field (Sichuan) Food Industrial Co., Ltd. (Blue 
Field), failed to act to the best of its ability in complying with the 
Department's request for information in this review and, consequently, 
significantly impeded the proceeding. In addition, the Department is 
rescinding this administrative review in part with respect to certain 
exporters for which all review requests have been withdrawn.

FOR FURTHER INFORMATION CONTACT: Deborah Scott, Michael J. Heaney, or 
Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-2657, (202) 482-4475, 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 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.\1\
---------------------------------------------------------------------------

    \1\ For a complete description of the scope of the order, see 
``Certain Preserved Mushrooms from the People's Republic of China: 
Decision Memorandum for the Preliminary Results of the 2012-2013 
Administrative Review,'' dated concurrently with this notice and 
incorporated herein by reference (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Tolling of Deadlines for Preliminary Results

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary results of this 
review is now November 18, 2013.
---------------------------------------------------------------------------

    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

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). AFA has 
been applied to the PRC-wide entity in accordance with section 776 of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Partial Rescission of Review

    For those exporters named in the Initiation Notice \3\ that are not 
part of the PRC-wide entity for which all review requests have been 
withdrawn, we are rescinding this administrative review, in accordance 
with 19 CFR 351.213(d)(1). The exporters for which we are rescinding 
this review include: (1) Fujian Golden Banyan Foodstuffs Industrial 
Co., Ltd. (Golden Banyan); \4\ (2) Guangxi Hengyong Industrial & 
Commercial Dev. Ltd.; (3) Guangxi Jisheng Foods, Inc.; (4) Linyi City 
Kangfa Foodstuff Drinkable Co., Ltd.; (5) Zhangzhou Gangchang Canned 
Foods Co., Ltd. (aka Zhangzhou Gangchang Canned Foods Co., Ltd., 
Fujian); \5\ and (6) Zhangzhou Tongfa Foods Industry, Co., Ltd. These 
exporters have separate rates from a prior segment of this proceeding. 
Therefore, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2).
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
19197 (March 29, 2013) (Initiation Notice).
    \4\ The Department considers Golden Banyan to be distinct from 
another company with a similar name for which a review was 
originally requested, Zhangzhou Golden Banyan Foodstuffs Industrial 
Co., Ltd. (Zhangzhou Golden Banyan). In the administrative review 
covering the period February 1, 2010 through January 31, 2011, 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). The record of this review does not 
contain any evidence that suggests these two companies should be 
considered a single entity.
    \5\ 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 in Certain Preserved Mushrooms from 
the People's Republic of China: Final Results of Antidumping Duty 
New Shipper Reviews 74 FR 28882 (June 18, 2009). The record of this 
review does not contain any evidence that contradicts this finding.
---------------------------------------------------------------------------

Intent Not To Rescind Review in Part

    We have received withdrawal of review requests for the following 
exporters that remain a part of the PRC-wide entity, which is currently 
under review: (1) Ayecue (Liaocheng) Foodstuff Co., Ltd.; (2) China 
National Cereals, Oils & Foodstuffs Import & Export Corp.; (3) China 
Processed Food Import & Export Co.; (4) Dujiangyan Xingda Foodstuff 
Co., Ltd.; (5) Fujian Pinghe Baofeng Canned Foods; (6) Fujian Yuxing 
Fruits and Vegetables Foodstuffs Development Co., Ltd.; (7) Fujian 
Zishan Group Co., Ltd.; (8) Guangxi Eastwing Trading Co., Ltd.; (9) 
Inter-Foods (Dongshan) Co., Ltd.; (10) Longhai Guangfa Food Co., Ltd.; 
(11) Primera Harvest (Xiangfan) Co., Ltd.; (12) Shandong Fengyu Edible 
Fungus Corporation Ltd.; (13) Shandong Jiufa Edible Fungus Corporation, 
Ltd.; (14) Shandong Yinfeng Rare Fungus Corporation, Ltd.; (15) Sun 
Wave Trading Co., Ltd.; (16) Xiamen Greenland Import & Export Co., 
Ltd.; (17) Xiamen Gulong Import & Export Co., Ltd.; (18) Xiamen Jiahua 
Import & Export Trading Co., Ltd.; (19) Xiamen Longhuai Import & Export 
Co., Ltd.; (20) Zhangzhou Golden Banyan; (21) Zhangzhou Long Mountain 
Foods Co., Ltd.; (22) Zhejiang Iceman Food Co., Ltd.; \6\ and (23) 
Zhejiang Iceman Group Co., Ltd.
---------------------------------------------------------------------------

    \6\ The Department has found that 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). The record of this review does not contain any 
evidence that contradicts this finding.
---------------------------------------------------------------------------

    For those exporters named in the Initiation Notice for which all 
review requests have been withdrawn, but which have not previously 
received

[[Page 69819]]

separate rate status, the Department's practice is to refrain from 
rescinding the review with respect to these exporters at this time.\7\ 
As stated above, requests for review of several exporters belonging to 
the PRC-wide entity were timely withdrawn. While the requests for 
review were timely withdrawn, the exporters 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 exporters belonging to the PRC-wide entity for 
which a request for review has been withdrawn.
---------------------------------------------------------------------------

    \7\ See, e.g., Small Diameter Graphite Electrodes From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2011-2012, 78 FR 55680, 55681 (September 11, 
2013).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Xiamen International Trade & Industrial Co., Ltd. (XITIC) and 
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Zhangzhou Hongda) 
submitted timely certifications of no shipments, entries, or sales of 
subject merchandise during the POR. The Department issued a ``No 
Shipment Inquiry'' to CBP to confirm that there were no entries of 
subject merchandise exported by XITIC or Zhangzhou Hongda during the 
POR. Based on the certifications and our analysis of CBP information, 
we preliminary determine that XITIC and Zhangzhou Hongda did not have 
any reviewable transactions during the POR. However, consistent with 
our practice, the Department finds that it is not appropriate to 
rescind the review with respect to XITIC and Zhangzhou Hongda, but 
rather to complete the review of XITIC and Zhangzhou Hongda and issue 
appropriate instructions to CBP based on the final results of the 
review.\8\
---------------------------------------------------------------------------

    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Preliminary Results of the Review

    The Department has preliminarily determined that the following 
weighted-average dumping margin exists for the period February 1, 2012 
through January 31, 2013:

------------------------------------------------------------------------
                                                       Weighted- average
                      Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
PRC-wide entity \9\.................................              308.33
------------------------------------------------------------------------

Public Comment and Opportunity To Request a Hearing

    Interested parties may submit case briefs within 30 days after the 
date of publication of this notice of preliminary results of the 
review.\10\ Rebuttal briefs, which must be limited to issues raised in 
the case briefs, must be filed within five days after the time limit 
for filing case briefs.\11\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are requested to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\12\ Interested parties submitting case and 
rebuttal briefs should do so pursuant to the Department's electronic 
filing system, IA ACCESS.\13\
---------------------------------------------------------------------------

    \9\ The PRC-wide entity includes, among other companies, Blue 
Field (Sichuan) Food Industrial Co., Ltd.
    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)(1)-(2).
    \12\ See 19 CFR 351.309(c)(2), (d)(2).
    \13\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of the 
publication of this notice.\14\ 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 argument presentations will be limited to issues 
raised in the 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.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the briefs, within 120 days after the 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    With regard to the partial rescission of this review, the 
Department will instruct CBP to assess antidumping duties on all 
appropriate entries. The Department intends to issue appropriate 
partial rescission assessment instructions directly to CBP 15 days 
after publication of these preliminary results of review in the Federal 
Register.
    Upon issuance of the final results of this review, the Department 
will determine, and CBP shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review.\16\ 
For the PRC-wide entity, we will instruct CBP to assess antidumping 
duties at an ad valorem rate equal to the weighted-average dumping 
margin published in the final results of this review. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this review in the Federal 
Register.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported in U.S. sales databases submitted by 
companies individually examined during the 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.\17\
---------------------------------------------------------------------------

    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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) 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 
published for the most recently completed period; (2) for all PRC 
exporters that have not

[[Page 69820]]

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 (3) 
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 also 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 15, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary 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. The PRC-Wide Entity
10. Adverse Facts Available
11. Conclusion

[FR Doc. 2013-27972 Filed 11-20-13; 8:45 am]
BILLING CODE 3510-DS-P