Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013/2014, 71746-71748 [2014-28462]
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71746
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
Ningbo Yinzhou Foreign Trade Co., Ltd.
Ningbo Zhongjiang High Strength Bolts Co.
Ltd
Ningbo Zhongjiang Petroleum Pipes &
Machinery Co. Ltd.
Orient International Holding Shanghai
Rongheng Intl Trading Co. Ltd.
Prosper Business And Industry Co., Ltd.
Qingdao Free Trade Zone Health Intl.
Qingdao Top Steel Industrial Co. Ltd.
Shaanxi Succeed Trading Co., Ltd.
Shanghai East Best Foreign Trade Co.
Shanghai East Best International Business
Development Co., Ltd.
Shanghai Fortune International Co. Ltd.
Shanghai Furen International Trading
Shanghai Nanshi Foreign Economic Co.
Shanghai Overseas International Trading Co.
Ltd.
Shanghai Printing & Dyeing And Knitting
Mill
Shanghai Printing & Packaging Machinery
Corp.
Shanghai Recky International Trading Co.,
Ltd.
Shanghai Sinotex United Corp. Ltd.
T and C Fastener Co. Ltd.
T and L Industry Co. Ltd.
Wuxi Metec Metal Co. Ltd.
Zhejiang Heiter Industries Co., Ltd.
Zhejiang Heiter Mfg & Trade Co. Ltd.
Zhejiang Jin Zeen Fasteners Co. Ltd.
Zhejiang Morgan Brother Technology Co.
Ltd.
Zhejiang Yanfei Industrial Co., Ltd (a/k/a
Jiangsu Ronry Nico Co., Ltd., Formerly
Jiangsu Yanfei Industrial Co., Ltd.)
[FR Doc. 2014–28461 Filed 12–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2013/2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 3, 2014.
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 February 1, 2013, through
January 31, 2014. We preliminarily
determine that sales made by Linyi City
Kangfa Foodstuff Drinkable Co., Ltd.
(Kangfa), and Zhangzhou Gangchang
Canned Foods Co., Ltd. (Gangchang)
were made below normal value (NV).
We invite interested parties to comment
on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, or Robert James AD/
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AGENCY:
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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) 482–4475 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this order
are certain preserved mushrooms,
whether imported whole, sliced, diced,
or as stems and pieces. The certain
preserved mushrooms covered under
this order are the species Agaricus
bisporus and Agaricus bitorquis.
‘‘Certain Preserved Mushrooms’’ refers
to mushrooms that have been prepared
or preserved by cleaning, blanching, and
sometimes slicing or cutting. These
mushrooms are then packed and heated
in containers including, but not limited
to, cans or glass jars in a suitable liquid
medium, including, but not limited to,
water, brine, butter or butter sauce.
Certain preserved mushrooms may be
imported whole, sliced, diced, or as
stems and pieces. Included within the
scope of this order are ‘‘brined’’
mushrooms, which are presalted and
packed in a heavy salt solution to
provisionally preserve them for further
processing. 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
No Shipments Certification
On June 2, 2014, (1) Dezhou Kaihang
Agricultural Science Technology Co.,
Ltd., (Dezhou Kaihang), (2) Fujian
Haishan Foods Co., Ltd. (Fujian
Haishan), (3) Fujian Pinghe Baofeng
Canned Foods (Fujian Pinghe), (4)
Fujian Zishan Group Co., Ltd. (Fujian
Zishan), 5) Inter-Foods (Dongshan) Co.,
Ltd. (Inter-Foods), (6) Xiamen Longhuai
Import & Export Co., Ltd. (Xiamen
Longhuai), (7) Xiamen International
Trade & Industrial Co., Ltd. (XITIC), and
1 See Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative
Review of Certain Preserved Mushrooms from the
People’s Republic of China; 2013/2014 from
Christian Marsh Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated November 25,
2014 (Preliminary Decision Memorandum), issued
concurrently with and hereby adopted by this
notice.
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(8) Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Zhangzhou Hongda)
submitted no shipment certifications.
Both XITIC and Zhangzhou Hongda
currently have separate rate status.
Accordingly, on October 17, 2014, the
Department sent an inquiry to U.S.
Customs and Border Protection (CBP) to
determine whether CBP entry data is
consistent with the no shipments
certifications from XITIC and
Zhangzhou Hongda. The Department
received no information contrary to
either XITIC’s or Zhangzhou Hongda’s
claims of no shipments. Based on the
no-shipment certifications and our
analysis of the CBP information, we
preliminary determine that both XITIC
and Zhangzhou Hongda did not have
any reviewable transactions during the
POR. In addition, for both XITIC and
Zhangzhou Hongda, the Department
finds that consistent with its recently
announced refinement to its assessment
practice in non-market economy (NME)
cases, it is appropriate not to rescind the
review in part in this circumstance but,
rather, to complete the review with
respect to both XITIC and Zhangzhou
Hongda and issue appropriate
instructions to CBP based on the final
results of the review.2 However, since
Dezhou Kaihang, Fujian Haishan, Fujian
Pinghe, Fujian Zishan, Inter-Foods, and
Xiamen Longhuai were part of the PRCwide entity at the outset of this
administrative review, and continue to
be part of the PRC-wide entity in this
administrative review, we are not
making a determination of no shipments
with respect to Dezhou Kaihang, Fujian
Haishan, Fujian Pinghe, Fujian Zishan,
Inter-Foods, and Xiamen Longhuai for
the preliminary results of the instant
administrative review.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, please 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 (ACCESS).3
2 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
3 On November 24, 2014, Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaacess.trade.gov to https://access.trade.gov. The
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03DEN1
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
ACCESS is available to registered users
at https://access.trade.gov and 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 on the Internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On April 1, 2014, the Department
published in the Federal Register, a
notice of initiation of the antidumping
duty administrative review of
mushrooms from the PRC for the period
February 1, 2013, through January 31,
2014, with respect to the 52 companies
named in the review requests submitted
by interested parties.4 The Department
has selected Kangfa and Gangchang as
mandatory respondents,5 and the
separate rates calculated for both of
these exporters are listed infra.
Additionally, the Department has
preliminarily determined that both
XITIC and Zhangzhou Hongda did not
have any reviewable transactions during
the POR. As a result of our preliminary
determination of no shipments for
XITIC and Zhangzhou Hongda, these
companies retain their most recently
determined separate rate, as do the two
selected mandatory respondents, Kangfa
and Gangchang. The Department
preliminarily determines that the
remaining 48 exporters did not
demonstrate their eligibility for separate
rate status in this review.6 As a result,
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews,
Request for Revocation in Part, 79 FR 18262 (April
1, 2014) (‘‘Initiation Notice’’).
5 See Memorandum to Richard Weible, Director,
AD/CVD Operations, Office VI, from Mike Heaney
and Tyler Weinhold, AD/CVD Operations, Office
VI, Subject: ‘‘Administrative Review of the
Antidumping Duty Order on Certain Preserved
Mushrooms from the People’s Republic of China:
Respondent Selection Memorandum,’’ dated May
23, 2014.
6 These 48 exporters are: (1)Ayecue (Liaocheng)
Foodstuff Co., Ltd., (2) Blue Field (Sichuan) Food
Industrial Co., Ltd., (3) China National Cereals, Oils
& Foodstuffs Import & Export Corp., (4) China
Processed Food Import & Export Co., (5) Dalian J&N
Foods Co., Ltd., (6) Dezhou Kaihang Agricultural
Science Technology Co., Ltd., (7) Dujiangyan
Xingda Foodstuff Co., Ltd., (8) Fujian Dongshan
Changlong Trade Co., Ltd., (9) Fujian Golden
Banyan Foodstuffs Industrial Co., Ltd., (10) Fujian
Haishan Foods Co., Ltd., (11) Fujian Pinghe Baofeng
Canned Foods, (12) Fujian Tongfa Foods Group Co.,
Ltd., (13) Fuzhou Sunshine Imp. & Exp. Co., Ltd.,
(14) Fujian Yuxing Fruits and Vegetables Foodstuffs
Development Co., Ltd., (15) Fujian Zishan Group
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71747
argument; and (3) a table of
authorities.10 Case and rebuttal briefs
must be filed electronically via
ACCESS.11
Preliminary Results of the Review
Any interested party may request a
The Department preliminarily
hearing within 30 days of publication of
determines that the following dumping
this notice.12 Hearing requests should
margin exists for the period February 1,
contain the following information: (1)
2013, through January 31, 2014:
The party’s name, address and
telephone number; (2) the number of
Weightedparticipants; and (3) a list of the issues
average
to be discussed. Oral presentations will
Manufacturer/exporter
margin
be limited to issues raised in the case
(percent)
briefs. If a request for a hearing is made,
Linyi City Kangfa Foodstuff
parties will be notified of the date and
Drinkable Co., Ltd. ................
time for the hearing to be held at the
Zhangzhou Gangchang
U.S. Department of Commerce, 1401
Canned Foods Co., Ltd. .......
78.69 Constitution Avenue NW., Washington,
102.87
DC 20230.13
The Department intends to issue the
Disclosure and Public Comment
final results of this administrative
The Department intends to disclose to review, including the results of its
analysis of the issues raised in any
parties to this proceeding the
briefs, within 120 days after the
calculations performed in reaching the
publication of these preliminary results,
preliminary results within five days of
pursuant to section 751(a)(3)(A) of the
the date of publication of these
Act and 19 CFR 351.213(h)(1).
preliminary results.7 Interested parties
may submit case briefs no later than 30
Assessment Rates
days after the date of publication of the
Upon issuing the final results of the
8 Rebuttals to case
preliminary results.
review, the Department shall determine,
briefs may be filed no later than five
and. CBP shall assess, antidumping
days after the deadline for filing case
duties on all appropriate entries covered
briefs and all rebuttal comments must
by this review.14 The Department
be limited to comments raised in the
intends to issue assessment instructions
9 Parties who submit case
case briefs.
to CBP 15 days after the date of
briefs or rebuttal briefs in this
publication of the final results of
proceeding are encouraged to submit
review. For any individually examined
with each argument: (1) A statement of
respondents whose weighted-average
the issue; (2) a brief summary of the
dumping margin is above de minimis,
we will calculate, where appropriate,
Co., Ltd., (16) Golden Banyan Foodstuffs Co., Ltd.,
either an ad valorem or per-unit
(17) Guangxi Eastwing Trading Co., Ltd., (18)
assessment rate for each importer (or
Guangxi Hengyong Industrial & Commercial Dev.
Ltd., (19) Guangxi Jisheng Foods, Inc., (20) Intercustomer).15 The per-unit assessment
Foods (Dongshan) Co., Ltd., (21) Longhai Guangfa
rate will be based on the ratio of the
Food Co., Ltd., (22) Longhai Jiasheng Food Co., Ltd.,
total amount of dumping calculated for
(23) Primera Harvest (Xiangfan) Co., Ltd., (24)
the importer’s examined sales to the
Qingdao Canned Foods Co., Ltd., (25) Shandong
Fengyu Edible Fungus Corporation Ltd., (26)
total entered quantity of those same
Shandong Jiufa Edible Fungus Corporation, Ltd.,
sales. The ad valorem assessment rate
(27) Shandong Yinfeng Rare Fungus Corporation,
will be based on the ratio of the total
Ltd., (28) Synehon (Xiamen) Trading Co., Ltd., (29)
amount of dumping calculated for the
Sun Wave Trading Co., Ltd., (30) Xiamen Carre
Food Co., Ltd., (31) Xiamen Choice Harvest Imp.,
importer’s examined sales to the total
(32) Xiamen Greenland Import & Export Co., Ltd.,
entered value of those same sales.
(33) Xiamen Gulong Import & Export Co., Ltd., (34)
We will instruct CBP to assess
Xiamen Gulong Import Export Co. Ltd., (35) Xiamen
antidumping duties on all appropriate
Jiahua Import & Export Trading Co., Ltd., (36)
entries covered by this review when the
Xiamen Longhuai Import & Export Co., Ltd., (37)
Xiamen Sungiven Import & Export Co., Ltd., (38)
importer-specific assessment rate
Xiamen Yubang Import Export Trading Co. Ltd.,
calculated in the final results of this
(39) Zhangzhou Golden Banyan Foodstuffs
the Department is preliminarily treating
these 48 PRC exporters as part of the
PRC-wide entity.
Industrial Co., Ltd., (40) Zhangzhou Lixing Imp. &
Exp. Trade Co., Ltd., (41) Zhangzhou Long
Mountain Foods Co., Ltd., (42) Zhangzhou Tan Co.,
Ltd., (43) Zhangzhou Tianbaolong Food Co., Ltd.,
(44) Zhangzhou Tongfa Foods Industry Co., Ltd.,
(45) Zhangzhou Yuxing Imp. & Exp. Trading Co.,
Ltd., (46) Zhangzhou Xiangcheng Rainbow &
Greenland Food Co., Ltd., (47) Zhejiang Iceman
Food Co., Ltd., and (48) Zhejiang Iceman Group Co.,
Ltd.
7 See 19 CFR 351.224(b).
8 See 19 CFR 351.309(c)(ii).
9 See 19 CFR 351.309 (d).
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10 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303(b).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310(d).
14 See 19 CFR 351.212(b).
15 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
11 See
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71748
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME cases.16
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.17
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements, when imposed, will apply
to all shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rates for Kangfa and
Gangchang, which both have a separate
rate, will be the cash deposit rate
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for any previously
reviewed or investigated PRC and nonPRC exporter not listed above that
received a separate rate in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 303.80 percent); and (4)
for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied the non-PRC
exporter. These cash deposit
16 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
17 See id.
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requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties. We are
issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(1).
Dated: November 25, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Respondent Selection
4. Information and Comment Submitted in
this Review
5. Scope of the Order
6. Non-Market Economy Country Status
7. Preliminary Determination of No
Shipments
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-wide Entity
12. Surrogate Country
13. Fair Value Comparisons
14. U.S. Price
15. Normal Value
16. Factors Valuation
17. Currency Conversion
18. Conclusion
[FR Doc. 2014–28462 Filed 12–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Rescission of Antidumping Duty New
Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published its
Preliminary Rescission for the new
shipper review (‘‘NSR’’) of the
AGENCY:
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antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’) on
July 14, 2014.1 The period of review
(‘‘POR’’) is August 1, 2012, through July
31, 2013. As discussed below, we
preliminarily found that Thanh Hung
Co., Ltd. D/B/A Thanh Hung Frozen
Seafood Processing Import Export Co.,
Ltd.’s (‘‘Thanh Hung’’) sale was nonbona fide, and announced our
preliminary intent to rescind Thanh
Hung’s NSR. For the final results of this
review, we continue to find Thanh
Hung’s sale to be non-bona fide.
Therefore, because there were no other
shipments or entries by Thanh Hung
during the POR, we are rescinding this
NSR.
DATES: Effective Date: December 3, 2014.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4031.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on July 14, 2014, the
Department published the Preliminary
Rescission of this NSR. Thereafter, the
Department extended the time period
for issuing the final results to December
1, 2014.2 On October 2, 2014, the
Department received a case brief from
Thanh Hung.3 On October 6, 2014, the
Department received a rebuttal brief
from the Catfish Farmers of America
and individual U.S. catfish processors
(‘‘Petitioners’’).4 On November 13, 2014,
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Preliminary Intent
To Rescind Antidumping Duty New Shipper
Review; 2012–2013, 79 FR 40710 (July 14, 2014)
(‘‘Preliminary Rescission’’).
2 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office V, Antidumping and
Countervailing Duty Operations, from Susan S.
Pulongbarit, Sr. International Trade Analyst, Office
V, Antidumping and Countervailing Duty
Operations, regarding Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Extension
of Deadline for Final Results of Antidumping Duty
New Shipper Review of Thanh Hung Co., Ltd.,
dated September 18, 2014.
3 See Letter from Thanh Hung to the Department
regarding Refile & Redacted Direct Case Brief: New
Shipper Review of Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Review Period—
8/1/12–7/31/13, dated October 2, 2014 (‘‘Thanh
Hung Case Brief’’). We note that this is a refiled and
redacted case brief. See Memo to File, from Susan
Pulongbarit, Sr. International Trade Analyst,
regarding New Shipper Review of Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
New Factual Information, dated October 3, 2014.
4 See Letter from Petitioners to the Department
regarding Certain Frozen Fish Fillets from the
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]]>Agencies
[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71746-71748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28462]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2013/
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 3, 2014.
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 February 1, 2013, through January 31, 2014. We preliminarily
determine that sales made by Linyi City Kangfa Foodstuff Drinkable Co.,
Ltd. (Kangfa), and Zhangzhou Gangchang Canned Foods Co., Ltd.
(Gangchang) were made below normal value (NV). We invite interested
parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: 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-
4475 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this order are certain preserved mushrooms,
whether imported whole, sliced, diced, or as stems and pieces. The
certain preserved mushrooms covered under this order are the species
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved
Mushrooms'' refers to mushrooms that have been prepared or preserved by
cleaning, blanching, and sometimes slicing or cutting. These mushrooms
are then packed and heated in containers including, but not limited to,
cans or glass jars in a suitable liquid medium, including, but not
limited to, water, brine, butter or butter sauce. Certain preserved
mushrooms may be imported whole, sliced, diced, or as stems and pieces.
Included within the scope of this order are ``brined'' mushrooms, which
are presalted and packed in a heavy salt solution to provisionally
preserve them for further processing. 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\ See Decision Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of Certain Preserved
Mushrooms from the People's Republic of China; 2013/2014 from
Christian Marsh Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated November 25, 2014 (Preliminary
Decision Memorandum), issued concurrently with and hereby adopted by
this notice.
---------------------------------------------------------------------------
No Shipments Certification
On June 2, 2014, (1) Dezhou Kaihang Agricultural Science Technology
Co., Ltd., (Dezhou Kaihang), (2) Fujian Haishan Foods Co., Ltd. (Fujian
Haishan), (3) Fujian Pinghe Baofeng Canned Foods (Fujian Pinghe), (4)
Fujian Zishan Group Co., Ltd. (Fujian Zishan), 5) Inter-Foods
(Dongshan) Co., Ltd. (Inter-Foods), (6) Xiamen Longhuai Import & Export
Co., Ltd. (Xiamen Longhuai), (7) Xiamen International Trade &
Industrial Co., Ltd. (XITIC), and (8) Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Zhangzhou Hongda) submitted no shipment
certifications. Both XITIC and Zhangzhou Hongda currently have separate
rate status. Accordingly, on October 17, 2014, the Department sent an
inquiry to U.S. Customs and Border Protection (CBP) to determine
whether CBP entry data is consistent with the no shipments
certifications from XITIC and Zhangzhou Hongda. The Department received
no information contrary to either XITIC's or Zhangzhou Hongda's claims
of no shipments. Based on the no-shipment certifications and our
analysis of the CBP information, we preliminary determine that both
XITIC and Zhangzhou Hongda did not have any reviewable transactions
during the POR. In addition, for both XITIC and Zhangzhou Hongda, the
Department finds that consistent with its recently announced refinement
to its assessment practice in non-market economy (NME) cases, it is
appropriate not to rescind the review in part in this circumstance but,
rather, to complete the review with respect to both XITIC and Zhangzhou
Hongda and issue appropriate instructions to CBP based on the final
results of the review.\2\ However, since Dezhou Kaihang, Fujian
Haishan, Fujian Pinghe, Fujian Zishan, Inter-Foods, and Xiamen Longhuai
were part of the PRC-wide entity at the outset of this administrative
review, and continue to be part of the PRC-wide entity in this
administrative review, we are not making a determination of no
shipments with respect to Dezhou Kaihang, Fujian Haishan, Fujian
Pinghe, Fujian Zishan, Inter-Foods, and Xiamen Longhuai for the
preliminary results of the instant administrative review.
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\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, please
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 (ACCESS).\3\
[[Page 71747]]
ACCESS is available to registered users at https://access.trade.gov and
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 on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\3\ On November 24, 2014, Enforcement and Compliance's AD and
CVD Centralized Electronic Service System (``IA ACCESS'') to AD and
CVD Centralized Electronic Service System (``ACCESS''). The Web site
location was changed from https://iaacess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the
Regulations can be found at 79 FR 69046 (November 20, 2014).
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Background
On April 1, 2014, the Department published in the Federal Register,
a notice of initiation of the antidumping duty administrative review of
mushrooms from the PRC for the period February 1, 2013, through January
31, 2014, with respect to the 52 companies named in the review requests
submitted by interested parties.\4\ The Department has selected Kangfa
and Gangchang as mandatory respondents,\5\ and the separate rates
calculated for both of these exporters are listed infra. Additionally,
the Department has preliminarily determined that both XITIC and
Zhangzhou Hongda did not have any reviewable transactions during the
POR. As a result of our preliminary determination of no shipments for
XITIC and Zhangzhou Hongda, these companies retain their most recently
determined separate rate, as do the two selected mandatory respondents,
Kangfa and Gangchang. The Department preliminarily determines that the
remaining 48 exporters did not demonstrate their eligibility for
separate rate status in this review.\6\ As a result, the Department is
preliminarily treating these 48 PRC exporters as part of the PRC-wide
entity.
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, Request for Revocation in Part, 79 FR 18262
(April 1, 2014) (``Initiation Notice'').
\5\ See Memorandum to Richard Weible, Director, AD/CVD
Operations, Office VI, from Mike Heaney and Tyler Weinhold, AD/CVD
Operations, Office VI, Subject: ``Administrative Review of the
Antidumping Duty Order on Certain Preserved Mushrooms from the
People's Republic of China: Respondent Selection Memorandum,'' dated
May 23, 2014.
\6\ These 48 exporters are: (1)Ayecue (Liaocheng) Foodstuff Co.,
Ltd., (2) Blue Field (Sichuan) Food Industrial Co., Ltd., (3) China
National Cereals, Oils & Foodstuffs Import & Export Corp., (4) China
Processed Food Import & Export Co., (5) Dalian J&N Foods Co., Ltd.,
(6) Dezhou Kaihang Agricultural Science Technology Co., Ltd., (7)
Dujiangyan Xingda Foodstuff Co., Ltd., (8) Fujian Dongshan Changlong
Trade Co., Ltd., (9) Fujian Golden Banyan Foodstuffs Industrial Co.,
Ltd., (10) Fujian Haishan Foods Co., Ltd., (11) Fujian Pinghe
Baofeng Canned Foods, (12) Fujian Tongfa Foods Group Co., Ltd., (13)
Fuzhou Sunshine Imp. & Exp. Co., Ltd., (14) Fujian Yuxing Fruits and
Vegetables Foodstuffs Development Co., Ltd., (15) Fujian Zishan
Group Co., Ltd., (16) Golden Banyan Foodstuffs Co., Ltd., (17)
Guangxi Eastwing Trading Co., Ltd., (18) Guangxi Hengyong Industrial
& Commercial Dev. Ltd., (19) Guangxi Jisheng Foods, Inc., (20)
Inter-Foods (Dongshan) Co., Ltd., (21) Longhai Guangfa Food Co.,
Ltd., (22) Longhai Jiasheng Food Co., Ltd., (23) Primera Harvest
(Xiangfan) Co., Ltd., (24) Qingdao Canned Foods Co., Ltd., (25)
Shandong Fengyu Edible Fungus Corporation Ltd., (26) Shandong Jiufa
Edible Fungus Corporation, Ltd., (27) Shandong Yinfeng Rare Fungus
Corporation, Ltd., (28) Synehon (Xiamen) Trading Co., Ltd., (29) Sun
Wave Trading Co., Ltd., (30) Xiamen Carre Food Co., Ltd., (31)
Xiamen Choice Harvest Imp., (32) Xiamen Greenland Import & Export
Co., Ltd., (33) Xiamen Gulong Import & Export Co., Ltd., (34) Xiamen
Gulong Import Export Co. Ltd., (35) Xiamen Jiahua Import & Export
Trading Co., Ltd., (36) Xiamen Longhuai Import & Export Co., Ltd.,
(37) Xiamen Sungiven Import & Export Co., Ltd., (38) Xiamen Yubang
Import Export Trading Co. Ltd., (39) Zhangzhou Golden Banyan
Foodstuffs Industrial Co., Ltd., (40) Zhangzhou Lixing Imp. & Exp.
Trade Co., Ltd., (41) Zhangzhou Long Mountain Foods Co., Ltd., (42)
Zhangzhou Tan Co., Ltd., (43) Zhangzhou Tianbaolong Food Co., Ltd.,
(44) Zhangzhou Tongfa Foods Industry Co., Ltd., (45) Zhangzhou
Yuxing Imp. & Exp. Trading Co., Ltd., (46) Zhangzhou Xiangcheng
Rainbow & Greenland Food Co., Ltd., (47) Zhejiang Iceman Food Co.,
Ltd., and (48) Zhejiang Iceman Group Co., Ltd.
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Preliminary Results of the Review
The Department preliminarily determines that the following dumping
margin exists for the period February 1, 2013, through January 31,
2014:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Linyi City Kangfa Foodstuff Drinkable Co., Ltd............. 78.69
Zhangzhou Gangchang Canned Foods Co., Ltd.................. 102.87
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days of the date of publication of these preliminary results.\7\
Interested parties may submit case briefs no later than 30 days after
the date of publication of the preliminary results.\8\ Rebuttals to
case briefs may be filed no later than five days after the deadline for
filing case briefs and all rebuttal comments must be limited to
comments raised in the case briefs.\9\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\ Case and rebuttal briefs
must be filed electronically via ACCESS.\11\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(ii).
\9\ See 19 CFR 351.309 (d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303(b).
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Any interested party may request a hearing within 30 days of
publication of this notice.\12\ Hearing requests should contain the
following information: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any briefs, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and. CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\14\ The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we will
calculate, where appropriate, either an ad valorem or per-unit
assessment rate for each importer (or customer).\15\ The per-unit
assessment rate will be based on the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered quantity of those same sales. The ad valorem assessment rate
will be based on the ratio of the total amount of dumping calculated
for the importer's examined sales to the total entered value of those
same sales.
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\14\ See 19 CFR 351.212(b).
\15\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this
[[Page 71748]]
review is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
On October 24, 2011, the Department announced a refinement to its
assessment practice in NME cases.\16\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under 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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\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\17\ See id.
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for Kangfa and
Gangchang, which both have a separate rate, will be the cash deposit
rate established in the final results of this review (except, if the
rate is zero or de minimis, then zero cash deposit will be required);
(2) for any previously reviewed or investigated PRC and non-PRC
exporter not listed above that received a separate rate in a previous
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all PRC exporters that
have not been found to be entitled to a separate rate, the cash deposit
rate will be that for the PRC-wide entity (i.e., 303.80 percent); and
(4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied the non-PRC exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties. We are issuing and publishing
these preliminary results in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: November 25, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Respondent Selection
4. Information and Comment Submitted in this Review
5. Scope of the Order
6. Non-Market Economy Country Status
7. Preliminary Determination of No Shipments
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-wide Entity
12. Surrogate Country
13. Fair Value Comparisons
14. U.S. Price
15. Normal Value
16. Factors Valuation
17. Currency Conversion
18. Conclusion
[FR Doc. 2014-28462 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-DS-P
