Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2013-2014, 32352-32353 [2015-13979]

Download as PDF 32352 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 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 nonPRC exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during 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. Notification to Interested Parties We are issuing and publishing notice of these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: June 1, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Respondent Selection 4. Scope of the Order 5. Affiliation and Collapsing 6. Preliminary Determination of No Shipments 7. Non-Market Economy Country 8. Separate Rates 9. Separate-Rate Recipients 10. Rate for Separate-Rate Recipients 11. The PRC-Wide Entity 12. Application of Facts Available and Use of Adverse Inference 13. Surrogate Country and Surrogate Value Data 14. Surrogate Country 15. Economic Comparability 16. Significant Producers of Identical or Comparable Merchandise 17. Data Availability 18. Date of Sale 19. Comparisons to Normal Value A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 20. Export Price 21. Value-Added Tax 22. Normal Value 23. Factor Valuations 24. Adjustments for Countervailable Subsidies 25. Currency Conversion VerDate Sep<11>2014 18:00 Jun 05, 2015 Jkt 235001 26. Recommendation [FR Doc. 2015–13967 Filed 6–5–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review; 2013–2014 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 new shipper review on January 22, 2015.1 This review covers one company, Dezhou Kaihang Agricultural Science Technology Co., Ltd. (Dezhou Kaihang). 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. As a result of these changes, we find that Dezhou Kaihang did not make sales of subject merchandise at less than normal value. The period of review (POR) is February 1, 2013 through February 28, 2014.2 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. AGENCY: SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on January 22, 2015.3 On March 13, 2015, the Department extended the deadline for issuing the final results by 60 days.4 On 1 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) (Preliminary Results). 2 As noted in the Preliminary Results, the Department extended the review period for this new shipper review to capture the entry associated with the sale made by Dezhou Kaihang during the POR. See 19 CFR 351.214(f)(2)(ii). 3 See Preliminary Results. 4 See Memorandum dated March 13, 2015 from Michael J. Heaney to Christian Marsh Re: Certain Preserved Mushrooms from the People’s Republic PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 February 23, 2015, Dezhou Kaihang submitted its case brief.5 On March 19, 2015, petitioner Monterey Mushrooms submitted a rebuttal brief.6 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.7 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 of China: Extension of Deadline for Final Results of Antidumping Duty New Shipper Review: 2013– 2014. 5 See February 23, 2015 letter from Dezhou Kaihang to Secretary of Commerce Re: Certain Preserved Mushrooms from the People’s Republic of China; Submission of Case Brief. 6 See March 19, 2015 letter from Monterey Mushrooms to Secretary of Commerce from Monterey Mushrooms. 7 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 New Shipper Review’’ dated June 1, 2015 (Issues and Decision Memorandum). E:\FR\FM\08JNN1.SGM 08JNN1 32353 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices Dezhou Kaihang. The analysis memorandum for Dezhou Kaihang contains further explanation of the margin calculations utilized in the final results.8 Final Results of Review The weighted average dumping margin for the final results of this review for the period February 1, 2013 through February 28, 2014 and for the following exporter/producer combination is as follows: Exporter Producer Weightedaverage dumping margin (percent) Dezhou Kaihang Agricultural Science Technology Co., Ltd ...... Shandong Fengyu Edible Fungus Co., Ltd ............................... 0.00 Disclosure The Department intends to 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, because Dezhou Kaihang’s margin is zero, we will instruct CBP to liquidate the entry covered in this new shipper review without regard to antidumping duties. On October 24, 2011, the Department announced a refinement to its assessment practice in non-market economy cases. 9 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by Dezhou Kaihang during this review, the Department will instruct CBP to liquidate at the PRCwide rate. for subject merchandise exported by Dezhou Kaihang but not produced by Shandong Fengyu Edible Fungus Co., Ltd., the cash deposit rate will be that for the PRC-wide entity (i.e., 308.33 percent); 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 that 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 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 subject merchandise produced by Shandong Fengyu Edible Fungus Co., Ltd. and exported by Dezhou Kaihang, no cash deposit rate will be required since the rate established in the Final Results of Review section of this notice is zero; (2) This notice also serves as the only 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)(2)(B) and 777(i) of the Act. 8 See Memorandum to the File from Michael J. Heaney ‘‘Analysis of Data Submitted by Dezhou Kaihang Agricultural Science Technology Co., Ltd (Dezhou Kaihang) in the Final Results of New Shipper Review of the Antidumping Duty Order on Certain Preserved Mushrooms from the People’s Republic of China (PRC)’’ dated June 1, 2015 (Dezhou Kaihang Final Analysis Memorandum). VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 Metal Cans Comment 2 Coal Comment 3 Labor Cost Comment 4 Surrogate Financial Ratios Recommendation [FR Doc. 2015–13979 Filed 6–5–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–937] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting the fifth administrative review (‘‘AR’’) of the antidumping duty order on citric acid and certain citrate salts (‘‘citric acid’’) from the People’s Republic of China (‘‘PRC’’). The review covers three companies, RZBC Co., Ltd., RZBC Import & Export Co., Ltd., and RZBC (Juxian) Co., Ltd. (collectively, ‘‘RZBC’’), Laiwu Taihe Biochemistry Co., Ltd. (‘‘Taihe’’), and Yixing Union Biochemical Ltd. (‘‘Yixing Union’’). The period of review (‘‘POR’’) for the AR is May 1, 2013, through April 30, 2014. We preliminarily determine that Yixing AGENCY: 9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32352-32353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13979]


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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 New Shipper Review; 2013-2014

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 new shipper review on January 22, 
2015.\1\ This review covers one company, Dezhou Kaihang Agricultural 
Science Technology Co., Ltd. (Dezhou Kaihang). 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. As a result of these 
changes, we find that Dezhou Kaihang did not make sales of subject 
merchandise at less than normal value. The period of review (POR) is 
February 1, 2013 through February 28, 2014.\2\
---------------------------------------------------------------------------

    \1\ 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) (Preliminary 
Results).
    \2\ As noted in the Preliminary Results, the Department extended 
the review period for this new shipper review to capture the entry 
associated with the sale made by Dezhou Kaihang during the POR. See 
19 CFR 351.214(f)(2)(ii).

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 January 22, 
2015.\3\ On March 13, 2015, the Department extended the deadline for 
issuing the final results by 60 days.\4\ On February 23, 2015, Dezhou 
Kaihang submitted its case brief.\5\ On March 19, 2015, petitioner 
Monterey Mushrooms submitted a rebuttal brief.\6\
---------------------------------------------------------------------------

    \3\ See Preliminary Results.
    \4\ 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 New Shipper Review: 2013-2014.
    \5\ See February 23, 2015 letter from Dezhou Kaihang to 
Secretary of Commerce Re: Certain Preserved Mushrooms from the 
People's Republic of China; Submission of Case Brief.
    \6\ See March 19, 2015 letter from Monterey Mushrooms to 
Secretary of Commerce from Monterey Mushrooms.
---------------------------------------------------------------------------

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.\7\
---------------------------------------------------------------------------

    \7\ 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 New Shipper Review'' dated June 1, 2015 (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

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

[[Page 32353]]

Dezhou Kaihang. The analysis memorandum for Dezhou Kaihang contains 
further explanation of the margin calculations utilized in the final 
results.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to the File from Michael J. Heaney ``Analysis 
of Data Submitted by Dezhou Kaihang Agricultural Science Technology 
Co., Ltd (Dezhou Kaihang) in the Final Results of New Shipper Review 
of the Antidumping Duty Order on Certain Preserved Mushrooms from 
the People's Republic of China (PRC)'' dated June 1, 2015 (Dezhou 
Kaihang Final Analysis Memorandum).
---------------------------------------------------------------------------

Final Results of Review

    The weighted average dumping margin for the final results of this 
review for the period February 1, 2013 through February 28, 2014 and 
for the following exporter/producer combination is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
            Exporter                    Producer         dumping  margin
                                                             (percent)
------------------------------------------------------------------------
Dezhou Kaihang Agricultural      Shandong Fengyu Edible            0.00
 Science Technology Co., Ltd.     Fungus Co., Ltd.
------------------------------------------------------------------------

Disclosure

    The Department intends to 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, because Dezhou Kaihang's margin is zero, 
we will instruct CBP to liquidate the entry covered in this new shipper 
review without regard to antidumping duties.
    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy cases. \9\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by Dezhou Kaihang during this review, the 
Department will instruct CBP to liquidate at the PRC-wide rate.
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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 subject 
merchandise produced by Shandong Fengyu Edible Fungus Co., Ltd. and 
exported by Dezhou Kaihang, no cash deposit rate will be required since 
the rate established in the Final Results of Review section of this 
notice is zero; (2) for subject merchandise exported by Dezhou Kaihang 
but not produced by Shandong Fengyu Edible Fungus Co., Ltd., the cash 
deposit rate will be that for the PRC-wide entity (i.e., 308.33 
percent); 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 that 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 the only 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)(2)(B) 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 Metal Cans
    Comment 2 Coal
    Comment 3 Labor Cost
    Comment 4 Surrogate Financial Ratios
Recommendation

[FR Doc. 2015-13979 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P