Certain Preserved Mushrooms From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 60883-60884 [2015-25704]

Download as PDF Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Petitioner withdrew its request for review within 90 days of the publication date of the Initiation Notice. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. mstockstill on DSK4VPTVN1PROD with NOTICES Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries of wind towers from the PRC. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. Notifications This notice also serves as a final reminder to importers for whom this review is being rescinded of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 violation which is subject to sanction. This notice is published in accordance with section 751 of the Act, and 19 CFR 351.213(d)(4). VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 Dated: October 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–25684 Filed 10–7–15; 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: Initiation of Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: October 8, 2015. SUMMARY: The Department of Commerce (the Department) is initiating a new shipper review of the antidumping duty order on certain preserved mushrooms (mushrooms) from the People’s Republic of China (PRC) involving Linyi Yuqiao International Trade Co., Ltd. (Yuqiao). The period of review (POR) of this new shipper review is February 1, 2015, through July 31, 2015. 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 On February 19, 1999, the Department published the antidumping duty order on mushrooms from the PRC.1 Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), we received a timely request for a new shipper review of the order from Yuqiao.2 In its request for review, Yuqiao identified itself as the exporter of the subject merchandise, while listing the producer as Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Yuqiao certified that: (1) It did not export subject merchandise to the United States during 1 See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From the People’s Republic of China, 64 FR 8308 (February 19, 1999). 2 See Letter from Yuqiao to Secretary of Commerce, dated August 28, 2015 (Yuqiao Request). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 60883 the period of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(A)); (2) since the initiation of the investigation it has never been affiliated with any exporter or producer that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A)); and (3) its export activities are not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Kangfa also certified that: (1) It did not export the subject merchandise to the United States during the POI (see 19 CFR 351.214(b)(2)(ii)(B)); and (2) since the initiation of the investigation, Kangfa has never been affiliated with any exporter or producer that exported subject merchandise during the POI, including those companies not individually examined during the investigation.3 Moreover, in accordance with 19 CFR 351.214(b)(2)(iv), Yuqiao submitted documentation establishing the following: (1) The date on which it first entered merchandise into the United States; (2) the volume of its first shipment and a statement that it had no subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.4 Finally, the Department conducted a U.S. Customs and Border Protection (CBP) database query and confirmed the price, quantity, and date of entry of the sale at issue.5 Notably, the CBP data indicate that Yuqiao’s sale and entry of subject merchandise occurred during the POR and the entry was suspended for antidumping duties. Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for new shipper reviews initiated in the month immediately following the semiannual anniversary month will be the six month period immediately preceding the semiannual anniversary month. Therefore, because the semiannual anniversary month of this order is August, the POR for this new shipper review is February 1, 2015, through July 31, 2015. 3 Id. at Attachment 1. at Attachment 2. 5 Id.; see also Memorandum to the File from the Case Analyst, ‘‘Certain Preserved Mushrooms from the People’s Republic of China: Customs Data for NSR’’, dated September 14, 2015, and herein incorporated by reference. 4 Id. E:\FR\FM\08OCN1.SGM 08OCN1 60884 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that Yuqiao’s request meets the statutory and regulatory requirements for initiation of a new shipper review.6 Accordingly, the Department is initiating a new shipper review of the antidumping duty order on mushrooms from the PRC for subject merchandise produced by Kangfa and exported by Yuqaio. Absent a determination that the case is extraordinarily complicated, the Department intends to issue the preliminary results of this review within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which the Department issues the preliminary results.7 In cases involving non-market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities.8 Accordingly, the Department will issue a questionnaire to Yuqiao that will include a separate rates section. This review may proceed if the response provides sufficient indication that Yuqiao is not subject to either de jure or de facto government control with respect to its exports of mushrooms. The Department will instruct CBP to allow (at the option of the importer) the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of subject merchandise exported by Yuqiao and produced by Kangfa in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Kangfa certified that the sales which form the basis for its request were produced by Kangfa, the Department will instruct CBP to permit the use of a bond only for entries of subject merchandise produced by Kangfa and exported by Yuqiao. To assist in its analysis of the bona fides of Yuqiao’s sales, upon initiation of this new shipper review, the 6 See Memorandum from Michael J. Heaney to the File through Scot T. Fullerton entitled, ‘‘Initiation of Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from the People’s Republic of China (A–570–851),’’ dated September xx, 2015. 7 See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i). 8 See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged in Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011). VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 Department will require the company to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to business proprietary information in this new shipper review should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Dated: October 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–25704 Filed 10–7–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Science Advisory Board (SAB) Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of open meeting. AGENCY: The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Thursday, October 29, 9:45 a.m. EDT to 5:45 p.m. EDT and on Friday, October 30, from 8:15 a.m. EDT to 1:00 p.m. EDT. These times and the agenda topics described below are subject to change. Please refer to the Web page http://www.sab.noaa.gov/Meetings/ meetings.html for the most up-to-date meeting times and agenda. Place: The meeting will be held at the Hamilton Hotel Ballroom, 1001 14th Street Northwest, Washington, DC. Please check the SAB Web site http:// SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 www.sab.noaa.gov/Meetings/ meetings.html for directions to the meeting location. Status: The meeting will be open to public participation with a 15-minute public comment period on October 29 from 5:30–5:45 p.m. EDT (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two (2) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Acting Executive Director by October 22, 2015 to schedule their presentation. Written comments should be received in the SAB Executive Director’s Office by October 22, 2015, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after October 22, 2015, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12:00 p.m. on October 22, 2015, to Dr. Elizabeth Turner, Acting SAB Executive Director, Room 146 Gregg Hall, 35 Colovos Road, Durham, NH 03824; Email: Elizabeth.Turner@noaa.gov. Matters To Be Considered: The meeting will include the following topics: (1) Review Report for the Joint Institute on Marine and Atmospheric Research (JIMAR); (2) Review Report for the Cooperative Institute on Mesoscale Meteorological Studies (CIMMS); (3) Gulf Coast Ecosystem Restoration Program Advisory Working Group Report on the RESTORE Act Science Program’s Performance Metrics Plan and Coordination Plan; (4) SAB Strategy Discussion; (5) Updates from the NOAA Administrator and Chief Scientist; (6) Discussion on Optimizing SAB Working Group Operations and (7) Working Group Issues for Discussion. Dr. Elizabeth Turner, Acting Executive Director, Science Advisory Board, NOAA, Room 146 Gregg Hall, 35 Colovos Road, Durham, NH 03824. Email: Elizabeth.Turner@noaa.gov; or visit the NOAA SAB Web site at http:// www.sab.noaa.gov. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60883-60884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25704]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: October 8, 2015.

SUMMARY: The Department of Commerce (the Department) is initiating a 
new shipper review of the antidumping duty order on certain preserved 
mushrooms (mushrooms) from the People's Republic of China (PRC) 
involving Linyi Yuqiao International Trade Co., Ltd. (Yuqiao). The 
period of review (POR) of this new shipper review is February 1, 2015, 
through July 31, 2015.

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

    On February 19, 1999, the Department published the antidumping duty 
order on mushrooms from the PRC.\1\ Pursuant to section 751(a)(2)(B)(i) 
of the Tariff Act of 1930, as amended (the Act), we received a timely 
request for a new shipper review of the order from Yuqiao.\2\ In its 
request for review, Yuqiao identified itself as the exporter of the 
subject merchandise, while listing the producer as Linyi City Kangfa 
Foodstuff Drinkable Co., Ltd. (Kangfa).
---------------------------------------------------------------------------

    \1\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Preserved 
Mushrooms From the People's Republic of China, 64 FR 8308 (February 
19, 1999).
    \2\ See Letter from Yuqiao to Secretary of Commerce, dated 
August 28, 2015 (Yuqiao Request).
---------------------------------------------------------------------------

    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Yuqiao certified that: (1) It did 
not export subject merchandise to the United States during the period 
of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 
19 CFR 351.214(b)(2)(ii)(A)); (2) since the initiation of the 
investigation it has never been affiliated with any exporter or 
producer that exported subject merchandise to the United States during 
the POI, including those companies not individually examined during the 
investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A)); and (3) its export activities are not 
controlled by the central government of the PRC (see 19 CFR 
351.214(b)(2)(iii)(B)). Kangfa also certified that: (1) It did not 
export the subject merchandise to the United States during the POI (see 
19 CFR 351.214(b)(2)(ii)(B)); and (2) since the initiation of the 
investigation, Kangfa has never been affiliated with any exporter or 
producer that exported subject merchandise during the POI, including 
those companies not individually examined during the investigation.\3\
---------------------------------------------------------------------------

    \3\ Id. at Attachment 1.
---------------------------------------------------------------------------

    Moreover, in accordance with 19 CFR 351.214(b)(2)(iv), Yuqiao 
submitted documentation establishing the following: (1) The date on 
which it first entered merchandise into the United States; (2) the 
volume of its first shipment and a statement that it had no subsequent 
shipments; and (3) the date of its first sale to an unaffiliated 
customer in the United States.\4\
---------------------------------------------------------------------------

    \4\ Id. at Attachment 2.
---------------------------------------------------------------------------

    Finally, the Department conducted a U.S. Customs and Border 
Protection (CBP) database query and confirmed the price, quantity, and 
date of entry of the sale at issue.\5\ Notably, the CBP data indicate 
that Yuqiao's sale and entry of subject merchandise occurred during the 
POR and the entry was suspended for antidumping duties.
---------------------------------------------------------------------------

    \5\ Id.; see also Memorandum to the File from the Case Analyst, 
``Certain Preserved Mushrooms from the People's Republic of China: 
Customs Data for NSR'', dated September 14, 2015, and herein 
incorporated by reference.
---------------------------------------------------------------------------

Period of Review

    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for new shipper 
reviews initiated in the month immediately following the semiannual 
anniversary month will be the six month period immediately preceding 
the semiannual anniversary month. Therefore, because the semiannual 
anniversary month of this order is August, the POR for this new shipper 
review is February 1, 2015, through July 31, 2015.

[[Page 60884]]

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that Yuqiao's request meets the statutory and 
regulatory requirements for initiation of a new shipper review.\6\ 
Accordingly, the Department is initiating a new shipper review of the 
antidumping duty order on mushrooms from the PRC for subject 
merchandise produced by Kangfa and exported by Yuqaio. Absent a 
determination that the case is extraordinarily complicated, the 
Department intends to issue the preliminary results of this review 
within 180 days after the date on which this review is initiated and 
the final results within 90 days after the date on which the Department 
issues the preliminary results.\7\
---------------------------------------------------------------------------

    \6\ See Memorandum from Michael J. Heaney to the File through 
Scot T. Fullerton entitled, ``Initiation of Antidumping Duty New 
Shipper Review: Certain Preserved Mushrooms from the People's 
Republic of China (A-570-851),'' dated September xx, 2015.
    \7\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(h)(i).
---------------------------------------------------------------------------

    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the country-wide rate provide evidence of de jure 
and de facto absence of government control over the company's export 
activities.\8\ Accordingly, the Department will issue a questionnaire 
to Yuqiao that will include a separate rates section. This review may 
proceed if the response provides sufficient indication that Yuqiao is 
not subject to either de jure or de facto government control with 
respect to its exports of mushrooms.
---------------------------------------------------------------------------

    \8\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Preliminary Results of Antidumping Duty New 
Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged 
in Wooden Bedroom Furniture from the People's Republic of China: 
Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 
(February 22, 2011).
---------------------------------------------------------------------------

    The Department will instruct CBP to allow (at the option of the 
importer) the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for each entry of subject 
merchandise exported by Yuqiao and produced by Kangfa in accordance 
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). 
Because Kangfa certified that the sales which form the basis for its 
request were produced by Kangfa, the Department will instruct CBP to 
permit the use of a bond only for entries of subject merchandise 
produced by Kangfa and exported by Yuqiao.
    To assist in its analysis of the bona fides of Yuqiao's sales, upon 
initiation of this new shipper review, the Department will require the 
company to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to business proprietary 
information in this new shipper review should submit applications for 
disclosure under administrative protective order, in accordance with 19 
CFR 351.305 and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: October 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-25704 Filed 10-7-15; 8:45 am]
 BILLING CODE 3510-DS-P