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]
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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
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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.
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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.
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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
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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).
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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 https://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 https://
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.
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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.
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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
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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).
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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
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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
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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
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[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.
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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).
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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]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Results 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\
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\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).
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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.
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\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).
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 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 https://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
https://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).
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\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.
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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.
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\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.
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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.
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\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).
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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\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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
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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\
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\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).
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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\
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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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.
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\16\ See 19 CFR 351.212(b).
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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\
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\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
