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]

Download as PDF 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 VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 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 PO 00000 Frm 00018 Fmt 4703 32355 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1 32356 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 http://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. VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 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) PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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. E:\FR\FM\08JNN1.SGM 08JNN1 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 VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 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). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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: E:\FR\FM\08JNN1.SGM 08JNN1

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]


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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\
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    \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).
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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.
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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 http://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

    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.
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    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