Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review, 32355-32357 [2015-13975]
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
The Department will issue the final
results of this AR, which will include
the results of its analysis of issues raised
in any briefs received, within 120 days
of publication of these preliminary
results, pursuant to section 751(a)(3)(A)
of the Act, unless that time is extended.
Assessment Rates
Upon issuing the final results of this
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries.7 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review.
For each individually examined
respondent in this review whose
weighted-average dumping margin is
above de minimis (i.e., 0.5 percent) in
the final results of this review, the
Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1).8 Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.9 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem dumping margin is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.10
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally, 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 will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
mstockstill on DSK4VPTVN1PROD with NOTICES
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
7 See
19 CFR 351.212(b).
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).
9 See 19 CFR 351.212(b)(1).
10 See 19 CFR 351.212(b)(1).
8 In
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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 the companies listed
above that have a separate rate, the cash
deposit rate will be that rate established
in the final results of these reviews
(except, if the rate is zero or de minimis,
then a zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the PRCwide entity; 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 that non-PRC 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
review period. 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: June 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Preliminary Determination of No
Shipments
Non-Market Economy Country Status
Separate Rates
Surrogate Country
Use of Facts Otherwise Available
Conclusion
[FR Doc. 2015–13953 Filed 6–5–15; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2013–2014; and
Partial Rescission of Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 8, 2015.
SUMMARY: The Department of Commerce
(the Department) published the
Preliminary Results of the 2013/2014
administrative review on December 3,
2014.1 We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments received, we
made changes to the margin calculations
for these final results. The final
dumping margins are listed below in the
‘‘Final Results of Review’’ section of this
notice. The period of review (POR) is
February 1, 2013 through January 31,
2014. The review covers two mandatory
respondents, Zhangzhou Gangchang
Canned Foods Co., Ltd. (Gangchang)
and Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. (Kangfa).
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:
AGENCY:
Background
The Department published the
Preliminary Results on December 3,
2014.2 On March 13, 2015, the
Department extended the deadline for
issuing the final results by 60 days, until
June 1, 2015.3 On January 9, 2015,
Gangchang and Kangfa submitted a joint
case brief.4 On January 21, 2015,
1 See Certain Preserved Mushrooms From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2013/
2014, 79 FR 71746 (December 3, 2014) (Preliminary
Results).
2 See Preliminary Results.
3 See Memorandum dated March 13, 2015 from
Michael J. Heaney to Christian Marsh Re: Certain
Preserved Mushrooms from the People’s Republic
of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review: 2013–
2014.
4 See January 9, 2015 letter from Gangchang and
Kangfa to Secretary of Commerce Re: Certain
Preserved Mushrooms from the People’s Republic
Continued
BILLING CODE 3510–DS–P
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
petitioner Monterey Mushrooms
submitted a rebuttal brief.5
the margin calculations utilized in the
final results.7
Scope of the Order
Final Determination of No Shipments
In the Preliminary Results, we
determined that Xiamen International
Trade & Industrial Co., Ltd. (XITIC) and
Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Zhangzhou Hongda)
did not have any reviewable entries
during the POR because both XITIC and
Zhangzhou Hongda submitted timely
certifications of no shipments, entries,
or sales of subject merchandise during
the POR and we did not receive any
information from U.S. Customs and
Border Protection (CBP) indicating there
were reviewable entries for XITIC or
Zhangzhou Hongda during the POR.
Consistent with the Department’s
assessment practice in non-market
economy cases, we stated in the
Preliminary Results that the Department
would not rescind the review in these
circumstances but, rather, would
complete the review with respect to
XITIC and Zhangzhou Hongda and issue
appropriate instructions to CBP based
on the final results of the review.8 We
did not receive any comments following
our Preliminary Results with respect to
this issue. As such, in these final
results, we continue to determine that
XITIC and Zhangzhou Hongda had no
reviewable entries of subject
merchandise during the POR.
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.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Issues and Decision
Memorandum. A list of the issues which
parties raised is attached to this notice
as an appendix. The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(CRU), Room 7046 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the Issues and Decision Memorandum
can be accessed directly on the internet
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
mstockstill on DSK4VPTVN1PROD with NOTICES
Based on our review of the comments
received from interested parties
regarding our Preliminary Results, and
for the reasons explained in the Issues
and Decision Memorandum, we have
revised the margin calculation for both
Gangchang and Kangfa. The respective
analysis memoranda for Gangchang and
Kangfa contain further explanation of
of China; Submission of Respondents’ Case Brief
(Respondents Case Brief).
5 See January 21, 2015 letter from Monterey
Mushrooms to Secretary of Commerce from
Monterey Mushrooms (Petitioner’s Rebuttal Brief).
6 For a complete description of the scope of the
order, see ‘‘Certain Preserved Mushrooms from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results in the 2013/
2014 Administrative Review,’’ dated June 1, 2015
(Issues and Decision Memorandum) at 2.
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Final Results of Review and Partial
Rescission of Review
In our Preliminary Results, we found
that 48 companies subject to this review
did not establish their eligibility for a
separate rate and that they were, thus,
part of the PRC-wide entity. In these
final results, we continue to determine
that 47 of these companies are part of
the PRC-wide entity.9 Because no party
7 See Memorandum to the File from Michael J.
Heaney ‘‘Analysis of Data Submitted by Zhangzhou
Gangchang Canned Foods Co., Ltd. (Gangchang) in
the Final Results of Administrative Review of the
Antidumping Duty Order on Certain Preserved
Mushrooms from the People’s Republic of China
(PRC)’’ dated June 2, 2015 at 2 (Gangchang Final
Analysis Memorandum); see also Memorandum to
the File from Michael J. Heaney ‘‘Analysis of Data
Submitted by Linyi City Kangfa Foodstuff Drinkable
Co., Ltd. in the Final Results of Administrative
Review of the Antidumping Duty Order on Certain
Preserved Mushrooms from the People’s Republic
of China (PRC)’’ dated June 2, 2015 (Kangfa Final
Analysis Memorandum) at 2.
8 See Preliminary Results, 79 FR at 71747.
9 These 47 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) Dujiangyan Xingda Foodstuff
Co., Ltd., (7) Fujian Dongshan Changlong Trade Co.,
Ltd., (8) Fujian Golden Banyan Foodstuffs
Industrial Co., Ltd., (9) Fujian Haishan Foods Co.,
Ltd., (10) Fujian Pinghe Baofeng Canned Foods, (11)
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requested a review of the PRC-wide
entity and the Department no longer
considers the PRC-wide entity as an
exporter conditionally subject to
administrative reviews, we did not
conduct a review of the PRC-wide entity
and the entity’s rate is not subject to
change. Finally, we note that one of the
companies determined to be a part of
the PRC-wide entity in our Preliminary
Results, Dezhou Kaihang Agricultural
Science Technology Co., Ltd. (Dezhou
Kaihang), is a respondent in a new
shipper review covering the period
February 1, 2013 through February 28,
2014, the final results of which are
being issued concurrent with these final
results. Because the new shipper review
encompasses the entire POR of the
administrative review, Dezhou
Kaihang’s sole sale during the POR is
covered by the new shipper review and,
therefore there is no reviewable entry
subject to this administrative review.10
Accordingly, we are rescinding this
administrative review with respect to
Dezhou Kaihang.
For the companies subject to this
review that established their eligibility
for a separate rate, the weighted average
dumping margins for the final results of
this review for the POR are as follows:
Fujian Tongfa Foods Group Co., Ltd., (12) Fuzhou
Sunshine Imp. & Exp. Co., Ltd., (13) Fujian Yuxing
Fruits and Vegetables Foodstuffs Development Co.,
Ltd., (14) Fujian Zishan Group Co., Ltd., (15)
Golden Banyan Foodstuffs Co., Ltd., (16) Guangxi
Eastwing Trading Co., Ltd., (17) Guangxi Hengyong
Industrial & Commercial Dev. Ltd., (18) Guangxi
Jisheng Foods, Inc., (19) Inter-Foods (Dongshan)
Co., Ltd., (20) Longhai Guangfa Food Co., Ltd., (21)
Longhai Jiasheng Food Co., Ltd., (22) Primera
Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned
Foods Co., Ltd., (24) Shandong Fengyu Edible
Fungus Corporation Ltd., (25) Shandong Jiufa
Edible Fungus Corporation, Ltd., (26) Shandong
Yinfeng Rare Fungus Corporation, Ltd., (27)
Synehon (Xiamen) Trading Co., Ltd., (28) Sun Wave
Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd.,
(30) Xiamen Choice Harvest Imp., (31) Xiamen
Greenland Import & Export Co., Ltd., (32) Xiamen
Gulong Import & Export Co., Ltd., (33) Xiamen
Gulong Import Export Co. Ltd., (34) Xiamen Jiahua
Import & Export Trading Co., Ltd., (35) Xiamen
Longhuai Import & Export Co., Ltd., (36) Xiamen
Sungiven Import & Export Co., Ltd., (37) Xiamen
Yubang Import Export Trading Co. Ltd., (38)
Zhangzhou Golden Banyan Foodstuffs Industrial
Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp. Trade
Co., Ltd., (40) Zhangzhou Long Mountain Foods
Co., Ltd., (41) Zhangzhou Tan Co., Ltd., (42)
Zhangzhou Tianbaolong Food Co., Ltd., (43)
Zhangzhou Tongfa Foods Industry Co., Ltd., (44)
Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd.,
(45) Zhangzhou Xiangcheng Rainbow & Greenland
Food Co., Ltd., (46) Zhejiang Iceman Food Co., Ltd.,
and (47) Zhejiang Iceman Group Co., Ltd.
10 See Certain Preserved Mushrooms From the
People’s Republic of China: Preliminary Results of
Antidumping Duty New Shipper Review; 2013/
2014, 80 FR 3216 (January 22, 2015) and
Accompanying Decision Memorandum at 1
(unchanged in final). We further note that Dezhou
Kaihang’s entry entered subsequent to the
commencement of the AR. Id.
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Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
Weighted
average
margin
(percent)
Exporter
Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. ..................
Zhangzhou Gangchang Canned
Foods Co., Ltd. .......................
75.67
99.71
Disclosure
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.212(b), the Department
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by this review. The Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review.
For assessment purposes, for both
Gangchang and Kangfa, we will instruct
CBP to liquidate based upon a per-unit,
importer-specific, assessment rate. This
per-unit assessment rate is 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.11 For the 47
companies identified above as being
part of the PRC-wide entity, any entries
will be assessed at the PRC-wide rate.
On October 24, 2011, the Department
announced a refinement to its
assessment practice in non-market
economy cases.12 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 at the PRC-wide rate.
In addition, if the Department
determines that an exporter 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.
As noted above, the Department
determines that XITIC and Zhangzhou
Hongda did not have any reviewable
transactions during the POR. As a result,
any suspended entries that entered
under these exporters’ case numbers
will be liquidated at the PRC-wide rate.
11 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
12 See
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
For the exporters listed above, the cash
deposit rate will be the rate established
in the final results of this review; (2) for
previously investigated or reviewed PRC
and non-PRC exporters which are not
under review in this segment of the
proceeding but received a separate rate
in a previous segment, the cash deposit
rate will continue to be the exporterspecific rate published for the most
recently-completed period; (3) for all
PRC exporters of subject merchandise
which have not been found to be
entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity (i.e., 308.33 percent); 13 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(s) that supplied the non-PRC
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
13 In the Preliminary Results, we inadvertently
identified the rate applicable to the PRC-wide entity
as 303.80 percent. We have corrected that error in
these final results to reflect the correct rate of
308.33 percent. See Certain Preserved Mushrooms
From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012–
2013, 79 FR 12150, 12152 (March 4, 2014).
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32357
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: June 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
List of Topics Discussed in the
Accompanying Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of Issues
Comment 1 Land Rent
Comment 2 Well Water and Casing Soil
Comment 3 Labor Cost
Comment 4 Glass Jars and Metal Caps
Comment 5 Compost Offset
Comment 6 Surrogate Financial Ratios
Recommendation
[FR Doc. 2015–13975 Filed 6–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD644
Taking of Marine Mammals Incidental
to Specified Activities; Vashon Seismic
Retrofit Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to the Washington State
Department of Transportation (WSDOT)
to take, by harassment, small numbers
of nine species of marine mammals
incidental to construction activities for
Vashon Seismic Retrofit Project in
Vashon Island, Washington, between
August 1, 2015, and July 31, 2016.
DATES: Effective August 1, 2015, through
July 31, 2016.
ADDRESSES: Requests for information on
the incidental take authorization should
be addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32355-32357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13975]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2013-2014; and
Partial Rescission of Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 8, 2015.
SUMMARY: The Department of Commerce (the Department) published the
Preliminary Results of the 2013/2014 administrative review on December
3, 2014.\1\ We gave interested parties an opportunity to comment on the
Preliminary Results. Based upon our analysis of the comments received,
we made changes to the margin calculations for these final results. The
final dumping margins are listed below in the ``Final Results of
Review'' section of this notice. The period of review (POR) is February
1, 2013 through January 31, 2014. The review covers two mandatory
respondents, Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) and
Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa).
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms From the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review; 2013/2014, 79 FR 71746 (December 3, 2014) (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:
Background
The Department published the Preliminary Results on December 3,
2014.\2\ On March 13, 2015, the Department extended the deadline for
issuing the final results by 60 days, until June 1, 2015.\3\ On January
9, 2015, Gangchang and Kangfa submitted a joint case brief.\4\ On
January 21, 2015,
[[Page 32356]]
petitioner Monterey Mushrooms submitted a rebuttal brief.\5\
---------------------------------------------------------------------------
\2\ See Preliminary Results.
\3\ See Memorandum dated March 13, 2015 from Michael J. Heaney
to Christian Marsh Re: Certain Preserved Mushrooms from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review: 2013-2014.
\4\ See January 9, 2015 letter from Gangchang and Kangfa to
Secretary of Commerce Re: Certain Preserved Mushrooms from the
People's Republic of China; Submission of Respondents' Case Brief
(Respondents Case Brief).
\5\ See January 21, 2015 letter from Monterey Mushrooms to
Secretary of Commerce from Monterey Mushrooms (Petitioner's Rebuttal
Brief).
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of the order, see
``Certain Preserved Mushrooms from the People's Republic of China:
Issues and Decision Memorandum for the Final Results in the 2013/
2014 Administrative Review,'' dated June 1, 2015 (Issues and
Decision Memorandum) at 2.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. A list
of the issues which parties raised is attached to this notice as an
appendix. The Issues and Decision Memorandum is a public document and
is on file in the Central Records Unit (CRU), Room 7046 of the main
Department of Commerce building, as well as electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the CRU. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our review of the comments received from interested
parties regarding our Preliminary Results, and for the reasons
explained in the Issues and Decision Memorandum, we have revised the
margin calculation for both Gangchang and Kangfa. The respective
analysis memoranda for Gangchang and Kangfa contain further explanation
of the margin calculations utilized in the final results.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File from Michael J. Heaney ``Analysis
of Data Submitted by Zhangzhou Gangchang Canned Foods Co., Ltd.
(Gangchang) in the Final Results of Administrative Review of the
Antidumping Duty Order on Certain Preserved Mushrooms from the
People's Republic of China (PRC)'' dated June 2, 2015 at 2
(Gangchang Final Analysis Memorandum); see also Memorandum to the
File from Michael J. Heaney ``Analysis of Data Submitted by Linyi
City Kangfa Foodstuff Drinkable Co., Ltd. in the Final Results of
Administrative Review of the Antidumping Duty Order on Certain
Preserved Mushrooms from the People's Republic of China (PRC)''
dated June 2, 2015 (Kangfa Final Analysis Memorandum) at 2.
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Final Determination of No Shipments
In the Preliminary Results, we determined that Xiamen International
Trade & Industrial Co., Ltd. (XITIC) and Zhangzhou Hongda Import &
Export Trading Co., Ltd. (Zhangzhou Hongda) did not have any reviewable
entries during the POR because both XITIC and Zhangzhou Hongda
submitted timely certifications of no shipments, entries, or sales of
subject merchandise during the POR and we did not receive any
information from U.S. Customs and Border Protection (CBP) indicating
there were reviewable entries for XITIC or Zhangzhou Hongda during the
POR. Consistent with the Department's assessment practice in non-market
economy cases, we stated in the Preliminary Results that the Department
would not rescind the review in these circumstances but, rather, would
complete the review with respect to XITIC and Zhangzhou Hongda and
issue appropriate instructions to CBP based on the final results of the
review.\8\ We did not receive any comments following our Preliminary
Results with respect to this issue. As such, in these final results, we
continue to determine that XITIC and Zhangzhou Hongda had no reviewable
entries of subject merchandise during the POR.
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\8\ See Preliminary Results, 79 FR at 71747.
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Final Results of Review and Partial Rescission of Review
In our Preliminary Results, we found that 48 companies subject to
this review did not establish their eligibility for a separate rate and
that they were, thus, part of the PRC-wide entity. In these final
results, we continue to determine that 47 of these companies are part
of the PRC-wide entity.\9\ Because no party requested a review of the
PRC-wide entity and the Department no longer considers the PRC-wide
entity as an exporter conditionally subject to administrative reviews,
we did not conduct a review of the PRC-wide entity and the entity's
rate is not subject to change. Finally, we note that one of the
companies determined to be a part of the PRC-wide entity in our
Preliminary Results, Dezhou Kaihang Agricultural Science Technology
Co., Ltd. (Dezhou Kaihang), is a respondent in a new shipper review
covering the period February 1, 2013 through February 28, 2014, the
final results of which are being issued concurrent with these final
results. Because the new shipper review encompasses the entire POR of
the administrative review, Dezhou Kaihang's sole sale during the POR is
covered by the new shipper review and, therefore there is no reviewable
entry subject to this administrative review.\10\ Accordingly, we are
rescinding this administrative review with respect to Dezhou Kaihang.
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\9\ These 47 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) Dujiangyan Xingda Foodstuff Co., Ltd., (7) Fujian Dongshan
Changlong Trade Co., Ltd., (8) Fujian Golden Banyan Foodstuffs
Industrial Co., Ltd., (9) Fujian Haishan Foods Co., Ltd., (10)
Fujian Pinghe Baofeng Canned Foods, (11) Fujian Tongfa Foods Group
Co., Ltd., (12) Fuzhou Sunshine Imp. & Exp. Co., Ltd., (13) Fujian
Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd., (14)
Fujian Zishan Group Co., Ltd., (15) Golden Banyan Foodstuffs Co.,
Ltd., (16) Guangxi Eastwing Trading Co., Ltd., (17) Guangxi Hengyong
Industrial & Commercial Dev. Ltd., (18) Guangxi Jisheng Foods, Inc.,
(19) Inter-Foods (Dongshan) Co., Ltd., (20) Longhai Guangfa Food
Co., Ltd., (21) Longhai Jiasheng Food Co., Ltd., (22) Primera
Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned Foods Co., Ltd.,
(24) Shandong Fengyu Edible Fungus Corporation Ltd., (25) Shandong
Jiufa Edible Fungus Corporation, Ltd., (26) Shandong Yinfeng Rare
Fungus Corporation, Ltd., (27) Synehon (Xiamen) Trading Co., Ltd.,
(28) Sun Wave Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd.,
(30) Xiamen Choice Harvest Imp., (31) Xiamen Greenland Import &
Export Co., Ltd., (32) Xiamen Gulong Import & Export Co., Ltd., (33)
Xiamen Gulong Import Export Co. Ltd., (34) Xiamen Jiahua Import &
Export Trading Co., Ltd., (35) Xiamen Longhuai Import & Export Co.,
Ltd., (36) Xiamen Sungiven Import & Export Co., Ltd., (37) Xiamen
Yubang Import Export Trading Co. Ltd., (38) Zhangzhou Golden Banyan
Foodstuffs Industrial Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp.
Trade Co., Ltd., (40) Zhangzhou Long Mountain Foods Co., Ltd., (41)
Zhangzhou Tan Co., Ltd., (42) Zhangzhou Tianbaolong Food Co., Ltd.,
(43) Zhangzhou Tongfa Foods Industry Co., Ltd., (44) Zhangzhou
Yuxing Imp. & Exp. Trading Co., Ltd., (45) Zhangzhou Xiangcheng
Rainbow & Greenland Food Co., Ltd., (46) Zhejiang Iceman Food Co.,
Ltd., and (47) Zhejiang Iceman Group Co., Ltd.
\10\ See Certain Preserved Mushrooms From the People's Republic
of China: Preliminary Results of Antidumping Duty New Shipper
Review; 2013/2014, 80 FR 3216 (January 22, 2015) and Accompanying
Decision Memorandum at 1 (unchanged in final). We further note that
Dezhou Kaihang's entry entered subsequent to the commencement of the
AR. Id.
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For the companies subject to this review that established their
eligibility for a separate rate, the weighted average dumping margins
for the final results of this review for the POR are as follows:
[[Page 32357]]
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
------------------------------------------------------------------------
Linyi City Kangfa Foodstuff Drinkable Co., Ltd.............. 75.67
Zhangzhou Gangchang Canned Foods Co., Ltd................... 99.71
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Disclosure
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b), the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review. The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of these final results of review.
For assessment purposes, for both Gangchang and Kangfa, we will
instruct CBP to liquidate based upon a per-unit, importer-specific,
assessment rate. This per-unit assessment rate is 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.\11\ For the 47
companies identified above as being part of the PRC-wide entity, any
entries will be assessed at the PRC-wide rate.
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\11\ See 19 CFR 351.212(b)(1).
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On October 24, 2011, the Department announced a refinement to its
assessment practice in non-market economy cases.\12\ 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 at the PRC-
wide rate. In addition, if the Department determines that an exporter
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.
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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As noted above, the Department determines that XITIC and Zhangzhou
Hongda did not have any reviewable transactions during the POR. As a
result, any suspended entries that entered under these exporters' case
numbers will be liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) For the exporters listed above, the cash deposit rate will
be the rate established in the final results of this review; (2) for
previously investigated or reviewed PRC and non-PRC exporters which are
not under review in this segment of the proceeding but received a
separate rate in a previous segment, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently-completed period; (3) for all PRC exporters of subject
merchandise which 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.,
308.33 percent); \13\ 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(s) that supplied
the non-PRC exporter. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\13\ In the Preliminary Results, we inadvertently identified the
rate applicable to the PRC-wide entity as 303.80 percent. We have
corrected that error in these final results to reflect the correct
rate of 308.33 percent. See Certain Preserved Mushrooms From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2012-2013, 79 FR 12150, 12152 (March 4,
2014).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a sanctionable violation.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Accompanying Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of Issues
Comment 1 Land Rent
Comment 2 Well Water and Casing Soil
Comment 3 Labor Cost
Comment 4 Glass Jars and Metal Caps
Comment 5 Compost Offset
Comment 6 Surrogate Financial Ratios
Recommendation
[FR Doc. 2015-13975 Filed 6-5-15; 8:45 am]
BILLING CODE 3510-DS-P
