Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2013-2014, 3216-3218 [2015-01052]
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3216
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
instruments. If a household lists at least
one child who is 0 to 17 years old in the
screener, they will be directed into a
topical instrument immediately after the
last screener question. The Web Push +
Mail group is further broken down into
differing incentive groups. Since the
respondent is taken through both the
screening and topical instruments at one
time, either a $5 or $10 cash incentive
is mailed along with the initial
screening instrument request. Therefore,
the Web Push + Mail pretest sample of
8,000 is broken out into two incentive
groups of 4,000 households each. Since
the Web Push + Mail group does not
receive any topical mailing materials,
they will not receive any additional
incentives.
Dated: January 16, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
III. Data
[FR Doc. 2015–01000 Filed 1–21–15; 8:45 am]
OMB Control Number: 0607–XXXX.
Form Number(s): NSCH–P–S1
(English Screener),
NSCH–P–T1 (English Topical for 0- to
5-year-old children),
NSCH–P–T2 (English Topical for 6- to
11-year-old children),
NSCH–P–T3 (English Topical for 12to 17-year-old children),
NSCH–PS–S1 (Spanish Screener),
NSCH–PS–T1 (Spanish Topical for 0to 5-year-old children),
NSCH–PS–T2 (Spanish Topical for 6to 11-year-old children), and
NSCH–PS–T3 (Spanish Topical for
12- to 17-year-old children).
Type of Review: Regular submission.
Affected Public: Parents, researchers,
policymakers, and family advocates.
Estimated Number of Respondents:
11,200 for the Screener and 8,960 for the
Topical.
Estimated Time per Response: 4
minutes per screener response and 27–
30 minutes per topical response.
Estimated Total Annual Burden
Hours: 5,227 hours.
Estimated Total Annual Cost to
Public: $2,776,000.00.
Respondent’s Obligation: Voluntary.
Legal Authority:
Census Authority: Title 13, U.S.C.
Section 8(b)
MCHB Authority: 42 U.S.C., Chapter 7,
Title V (Social Security Act)
Confidentiality: Confidential
Information Protection and Statistical
Efficiency Act (CIPSEA)
BILLING CODE 3510–07–P
tkelley on DSK3SPTVN1PROD with NOTICES
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
VerDate Sep<11>2014
18:09 Jan 21, 2015
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proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
should be directed to Gianna Marrone at
(202) 606–9633.
SUPPLEMENTARY INFORMATION: The
Committee was established September
2, 1999. The Committee advises the
Director of BEA on matters related to the
development and improvement of BEA’s
national, regional, industry, and
international economic accounts,
especially in areas of new and rapidly
growing economic activities arising
from innovative and advancing
technologies, and provides
recommendations from the perspectives
of the economics profession, business,
and government. This will be the
Committee’s twenty-eighth meeting.
Dated: January 7, 2015.
Brian C. Moyer,
Director, Bureau of Economic Analysis.
[FR Doc. 2015–00900 Filed 1–21–15; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
DEPARTMENT OF COMMERCE
Meeting of Bureau of Economic
Analysis Advisory Committee
International Trade Administration
Bureau of Economic Analysis,
Economics and Statistics
Administration, Department of
Commerce.
ACTION: Notice of Public Meeting.
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty New Shipper Review; 2013–2014
AGENCY:
Pursuant to the Federal
Advisory Committee Act (Pub. L. 92–
463 as amended by Pub. L. 94–409, Pub.
L. 96–523, Pub. L. 97–375 and Pub. L.
105–153), we are announcing a meeting
of the Bureau of Economic Analysis
Advisory Committee. The meeting will
address ways in which the national
economic accounts can be presented
more effectively for current economic
analysis and recent statistical
developments in national accounting.
DATES: Friday, May 8, the meeting will
begin at 9:00 a.m. and adjourn at 3:30
p.m.
ADDRESSES: The meeting will take place
at the Bureau of Economic Analysis at
1441 L St. NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Gianna Marrone, Program Analyst,
Bureau of Economic Analysis, U.S.
Department of Commerce, Washington,
DC 20230; telephone number: (202)
606–9633.
Public Participation: This meeting is
open to the public. Because of security
procedures, anyone planning to attend
the meeting must contact Gianna
Marrone of BEA at (202) 606–9633 in
advance. The meeting is physically
accessible to people with disabilities.
Requests for foreign language
interpretation or other auxiliary aids
SUMMARY:
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[A–570–851]
Enforcement and Compliance,
International Trade Administration,
Commerce.
DATES: Effective January 22, 2015.
SUMMARY: The Department of Commerce
(the Department) is conducting a new
shipper review of Dezhou Kaihang
Agricultural Science Technology Co.,
Ltd. (Dezhou Kaihang) regarding the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (the PRC). The period
of review (POR) is February 1, 2013,
through February 28, 2014.1 We
preliminarily find that Dezhou Kaihang
made a sale of subject merchandise at
less than normal value. Interested
parties are invited 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;
AGENCY:
1 The Department extended the review period for
this new shipper review by 28 days until February
28, 2014 to capture the entry associated with the
sale made by Dezhou Kaihang during the POR. See
19 CFR 351.214(f)(2)(ii); see also Certain Preserved
Mushrooms from the People’s Republic of China;
Initiation of New Shipper Review; 2013–2014, 79 FR
17505 (March 28, 2014).
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Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
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.2
Methodology
The Department is conducting this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214.
Export prices have been 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, normal value has
been calculated in accordance with
section 773(c) 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
tkelley on DSK3SPTVN1PROD with NOTICES
2 For
a complete description of the scope of the
order see Decision Memorandum for the
Preliminary Results of the New Shipper Review of
Dezhou Kaihang in 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 January 14,
2015 (Preliminary Decision Memorandum), issued
concurrently with and hereby adopted by this
notice.
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Jkt 235001
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).3
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.
Preliminary Results of New Shipper
Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists:
Manufacturer/Exporter
Weighted-average dumping
margin
(percent)
Shandong Fengyu Edible
Fungus Co., Ltd./Dezhou
Kaihang Agricultural
Science Technology Co.,
Ltd. ....................................
168.90
Disclosure and Public Comment
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs by no later than 30
days after the date of publication of
these preliminary results of review.4
Rebuttals to case briefs, limited to the
arguments raised in those comments,
may be filed by no later than five days
after case briefs are due.5 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any brief submitted to the
Department.6 The summary should be
limited to five pages total, including
footnotes.
Any interested party may request a
hearing within 30 days of publication of
3 On November 24, 2014, Enforcement and
Compliance changed the name of 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 in 19 CFR
351.303 can be found at 79 FR 69046 (November
20, 2014).
4 See 19 CFR 351.309(c).
5 See 19 CFR 351.309(d).
6 See 19 CFR 351.309(c)(2) and (d)(2).
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3217
this notice.7 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 briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.8
All submissions, with limited
exceptions, must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(‘‘ET’’) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.9
The Department intends to issue the
final results of this new shipper review,
which will include the results of its
analysis of issues raised in any such
comments, within 90 days of the
issuance of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of
the Act.
Assessment Rates
Upon issuing the final results of this
new shipper review, the Department
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.10 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this new shipper review.
In this new shipper review, we
calculated a per unit rate for each
importer by dividing the total dumping
margins for reviewed sales to that party
by the total sales quantity associated
with those transactions. For duty
assessment rates calculated on this
basis, we will direct CBP to assess the
resulting per-unit amount against the
entered quantity of the subject
merchandise. If the respondent’s
weighted-average dumping margin is
above de minimis, we will calculate an
importer-specific per-unit duty
assessment rate in accordance with 19
CFR 351.212(b)(1), based on the ratio of
the total amount of dumping calculated
7 See
19 CFR 351.310(c).
19 CFR 351.310(d).
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
10 See 19 CFR 351.212(b)(1).
8 See
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Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices
for the importer’s examined sales to the
total quantity entered by that importer.
Then, we will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this new shipper
review. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Pursuant to a refinement in the
Department’s practice, for entries that
were not reported in the U.S. sales
database submitted by Dezhou Kaihang
for this new shipper review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.11
The final results of this new shipper
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.
tkelley on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for shipments of the
subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For
merchandise produced by Shandong
Fengyu Edible Fungus Co., Ltd. and
exported by Dezhou Kaihang, the cash
deposit rate will be that 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 subject merchandise exported by
Dezhou Kaihang but not produced by
Shandong Fengyu Edible Fungus Co.
Ltd., the cash deposit rate will be the
rate for the PRC-wide entity; and (3) for
subject merchandise produced by
Shandong Fengyu Edible Fungus Co.,
Ltd. but not exported by Dezhou
Kaihang, the cash deposit rate will be
the rate applicable to the exporter.
These 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
11 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
VerDate Sep<11>2014
18:09 Jan 21, 2015
Jkt 235001
antidumping duties prior to liquidation
of the relevant entries during this 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.
The Department is issuing and
publishing these preliminary results in
accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: January 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Bona Fide Sale Analysis
b. Non-Market Economy Country Status
c. Separate Rates
d. Separate Rate Recipient
e. Surrogate Country
V. Fair Value Comparisons
VI. Results of Differential Pricing Analysis
VII. Date of Sale
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversions
XII. Recommendation
[FR Doc. 2015–01052 Filed 1–21–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–804]
Ball Bearings and Parts Thereof From
Japan: Notice of Court Decision Not in
Harmony With the Final Results of
Antidumping Duty Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review; 2005–2006
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On December 24, 2014, the
United States Court of International
Trade (CIT or Court) issued final
judgment in JTEKT Corp. v. United
States, Consol. Court No. 07–377 (JTEKT
Corp.), affirming the Department of
Commerce’s (the Department) final
results of redetermination pursuant to
remand.1
AGENCY:
1 See Redetermination Pursuant to Court Remand,
Consol. Court No. 07–377, available at https://
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Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken), as clarified by Diamond
Sawblades Mfrs. Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades), the Department
is notifying the public that the final
judgment in this case is not in harmony
with the Department’s final results of
the administrative review of the
antidumping duty order on ball bearings
and parts thereof from Japan covering
the period May 1, 2005 through April
30, 2006, and is amending the final
results with respect to Aisin Seiki Co.,
Ltd.
DATES: Effective January 3, 2015.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3477.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2007, the Department
published AFBs 17.2 Aisin Seiki Co.,
Ltd. (Aisin) and other parties appealed
AFBs 17 to the CIT and on September
3, 2009, the CIT granted the
Department’s request for a voluntary
remand to examine its calculation of
constructed export price (CEP) for
certain U.S. sales made by Aisin. After
reexamining Aisin’s CEP calculation,
the Department determined it
appropriate to recalculate Aisin’s
dumping margin.3 On May 5, 2011, the
CIT affirmed, in part, the Department’s
first remand, which resulted in a
weighted-average dumping margin of
1.13 percent for Aisin.4 The Court
remanded issues regarding other
respondent companies, relating to the
Department’s use of zeroing and model
match methodology. In Final Second
Remand, the Department further
explained these issues but did not
recalculate the dumping margins for any
other respondents in the litigation.5 The
Court affirmed the Department’s second
enforcement.trade.gov/remands/ (Final Second
Remand).
2 Ball Bearings and Parts Thereof From France,
Germany, Japan, Italy, Japan, Singapore, and the
United Kingdom: Final Results of Antidumping
Duty Administrative Reviews and Rescission of
Review in Part, 72 FR 58053 (October 12, 2007)
(AFBs 17).
3 See Redetermination Pursuant to Remand,
JTEKT Corporation, et al. v. United States, Consol.
Court No. 07–00377 (CIT September 2, 2009), dated
December 4, 2009 (Final First Remand).
4 See JTEKT Corp. v. United States, 768 F. Supp.
2d 1333 (2011).
5 See Final Second Remand.
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]]>Agencies
[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3216-3218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01052]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Results of Antidumping Duty New Shipper Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
DATES: Effective January 22, 2015.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper review of Dezhou Kaihang Agricultural Science Technology
Co., Ltd. (Dezhou Kaihang) regarding the antidumping duty order on
certain preserved mushrooms from the People's Republic of China (the
PRC). The period of review (POR) is February 1, 2013, through February
28, 2014.\1\ We preliminarily find that Dezhou Kaihang made a sale of
subject merchandise at less than normal value. Interested parties are
invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The Department extended the review period for this new
shipper review by 28 days until February 28, 2014 to capture the
entry associated with the sale made by Dezhou Kaihang during the
POR. See 19 CFR 351.214(f)(2)(ii); see also Certain Preserved
Mushrooms from the People's Republic of China; Initiation of New
Shipper Review; 2013-2014, 79 FR 17505 (March 28, 2014).
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;
[[Page 3217]]
---------------------------------------------------------------------------
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.\2\
---------------------------------------------------------------------------
\2\ For a complete description of the scope of the order see
Decision Memorandum for the Preliminary Results of the New Shipper
Review of Dezhou Kaihang in 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 January 14, 2015 (Preliminary Decision
Memorandum), issued concurrently with and hereby adopted by this
notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. Export prices have been 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, normal value has been
calculated in accordance with section 773(c) 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 (ACCESS).\3\
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.
---------------------------------------------------------------------------
\3\ On November 24, 2014, Enforcement and Compliance changed the
name of 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 in 19 CFR 351.303 can be
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
Preliminary Results of New Shipper Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted-
average dumping
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
Shandong Fengyu Edible Fungus Co., Ltd./Dezhou Kaihang 168.90
Agricultural Science Technology Co., Ltd..............
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs by no later than 30 days
after the date of publication of these preliminary results of
review.\4\ Rebuttals to case briefs, limited to the arguments raised in
those comments, may be filed by no later than five days after case
briefs are due.\5\ A table of contents, list of authorities used, and
an executive summary of issues should accompany any brief submitted to
the Department.\6\ The summary should be limited to five pages total,
including footnotes.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\7\ 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 briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\8\
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by 5 p.m. Eastern Time (``ET'')
on the due date. Documents excepted from the electronic submission
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 1870 and stamped with the date and time of receipt
by 5 p.m. ET on the due date.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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The Department intends to issue the final results of this new
shipper review, which will include the results of its analysis of
issues raised in any such comments, within 90 days of the issuance of
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon issuing the final results of this new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.\10\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this new shipper review.
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\10\ See 19 CFR 351.212(b)(1).
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In this new shipper review, we calculated a per unit rate for each
importer by dividing the total dumping margins for reviewed sales to
that party by the total sales quantity associated with those
transactions. For duty assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit amount against the
entered quantity of the subject merchandise. If the respondent's
weighted-average dumping margin is above de minimis, we will calculate
an importer-specific per-unit duty assessment rate in accordance with
19 CFR 351.212(b)(1), based on the ratio of the total amount of dumping
calculated
[[Page 3218]]
for the importer's examined sales to the total quantity entered by that
importer. Then, we will instruct CBP to assess antidumping duties on
all appropriate entries covered by this new shipper review. 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. Pursuant to a refinement in the
Department's practice, for entries that were not reported in the U.S.
sales database submitted by Dezhou Kaihang for this new shipper review,
the Department will instruct CBP to liquidate such entries at the PRC-
wide rate.\11\
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\11\ 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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The final results of this new shipper 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 will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For merchandise
produced by Shandong Fengyu Edible Fungus Co., Ltd. and exported by
Dezhou Kaihang, the cash deposit rate will be that 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 subject
merchandise exported by Dezhou Kaihang but not produced by Shandong
Fengyu Edible Fungus Co. Ltd., the cash deposit rate will be the rate
for the PRC-wide entity; and (3) for subject merchandise produced by
Shandong Fengyu Edible Fungus Co., Ltd. but not exported by Dezhou
Kaihang, the cash deposit rate will be the rate applicable to the
exporter. These 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 this 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.
The Department is issuing and publishing these preliminary results
in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and
19 CFR 351.221(b)(4).
Dated: January 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Bona Fide Sale Analysis
b. Non-Market Economy Country Status
c. Separate Rates
d. Separate Rate Recipient
e. Surrogate Country
V. Fair Value Comparisons
VI. Results of Differential Pricing Analysis
VII. Date of Sale
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversions
XII. Recommendation
[FR Doc. 2015-01052 Filed 1-21-15; 8:45 am]
BILLING CODE 3510-DS-P
