Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, and Rescission in Part; 2014/2015, 68836-68839 [2015-28340]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68836-68839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28340]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, and 
Rescission in Part; 2014/2015

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

[[Page 68837]]


DATES: Effective Date: November 6, 2015.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) covering 
the period February 1, 2014, through January 31, 2015. We preliminarily 
determine that the only respondent selected for individual examination 
in this review, Linyi City Kangfa Foodstuff Drinkable Co., Ltd. 
(Kangfa), is not eligible for a separate rate and, therefore, is 
considered part of the PRC-wide entity.\1\ We invite interested parties 
to comment on these preliminary results.
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    \1\ See Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Preserved Mushrooms 
from the People's Republic of China; 2014-2015 from Christian Marsh 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated November 2, 2015 (Preliminary Decision 
Memorandum), issued concurrently with and hereby adopted by this 
notice.

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-
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4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this order are certain preserved mushrooms. 
The merchandise subject to this order is classifiable under 
subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of this order is dispositive.\2\
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    \2\ See Preliminary Decision Memorandum for a complete 
description of the Scope of the Order.
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Background

    On April 3, 2015, the Department published in the Federal Register, 
a notice of initiation of the antidumping duty administrative review of 
mushrooms from the PRC for the period February 1, 2014, through January 
31, 2015, with respect to the 63 companies named in the review requests 
submitted by interested parties.\3\ On April 29, 2015, the Department 
released to all interested parties having an administrative protective 
order (APO) CBP data for entries of the subject merchandise during the 
POR. We invited interested parties to comment regarding the CBP data 
and respondent selection. The Department received no comments 
concerning these CBP data. Moreover, based on our review of the CBP 
data, the Department determined that only Kangfa had reviewable 
entries. Accordingly, on June 11, 2015, the Department issued a 
questionnaire to Kangfa.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, Request for Revocation in Part, 80 FR 18202, 
18207-08 (April 3, 2015) (Initiation Notice).
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No Shipments Certifications

    On May 1, 2015, (1) Dezhou Kaihang Agricultural Science Technology 
Co., Ltd., (Dezhou Kaihang), (2) Fujian Haishan Foods Co., Ltd. (Fujian 
Haishan), (3) Inter-Foods (Dongshan) Co., Ltd. (Inter-Foods), (4) 
Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu), (5) Xiamen 
International Trade & Industrial Co., Ltd. (XITIC), (6) Zhangzhou 
Gangchang Canned Foods Co., Ltd. (Gangchang) and (7) Zhangzhou Hongda 
Import & Export Trading Co., Ltd. (Hongda) submitted no shipment 
certifications.\4\ On June 3, 2015, Guangxi Jisheng Foods, Inc. 
(Guangxi Jisheng) did so as well. On August 20, 2015, the Department 
sent inquiries to U.S. Customs and Border Protection (CBP) to confirm 
the no shipments certifications received from the following companies: 
(1) The exporter/producer combination of Dezhou Kaihang/Fengyu; (2) the 
exporter/producer combination of Fujian Haishan/Hongda; (3) XITIC; and 
(4) Gangchang.\5\ On October 22, 2015, the Department sent an 
additional inquiry to CBP regarding the certification provided by 
Guangxi Jisheng.\6\ To date, the Department has received no information 
contrary to the no shipment claims submitted.
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    \4\ The Department assigned separate ``combination'' rates to 1) 
Dezhou Kaihang/Fengyu and 2) Fujian Haishan/Hongda as the result of 
new shipper reviews. See Certain Preserved Mushrooms From the 
People's Republic of China: Final Results of Antidumping Duty New 
Shipper Review 80 FR 32352, (June 8, 2015) (Dezhou Kaiihang/Fengyu); 
see also Certain Preserved Mushrooms From the People's Republic of 
China: Final Results of Antidumping Duty New Shipper Reviews 76 FR 
67146, (October 31, 2011) (Fujian Haishan/Hongda).
    \5\ Inter-Foods currently does not have separate rate status, 
and did not have separate rate status during the POR. Therefore, the 
Department did not send an inquiry to CBP with regard to Inter-
Foods.
    \6\ To date, we have received no response from CBP related to 
any entries for Guangxi Jisheng. We intend to revisit our 
preliminary determination of no shipments for Guangxi Jisheng should 
any information provided by CBP warrant such reconsideration.
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    Based on the no-shipment certifications and our analysis of the CBP 
information, we preliminarily determine that Dezhou Kaihang/Fengyu, 
Fujian Haishan/Hongda, XITIC, Gangchang, and Guangxi Jisheng did not 
have any reviewable transactions during the POR. In addition, for 
Dezhou Kaihang/Fengyu, Fujian Haishan/Hongda, XITIC, Gangchang, and 
Guangxi Jisheng, the Department finds that consistent with its 
refinement to its assessment practice in non-market economy (NME) 
cases, it is appropriate not to rescind the review in part in this 
circumstance but, rather, to complete the review with respect to these 
companies and issue appropriate instructions to CBP based on the final 
results of the review.\7\ If the Department continues to determine in 
the final results of this review that these companies have no 
reviewable transactions, we intend to instruct CBP to continue to 
collect cash deposits of estimated antidumping duties at the current 
rate in effect for those companies.\8\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
    \8\ We note that the current rate in effect for the Guangxi 
Jisheng is the rate applicable to the PRC-wide entity.
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Partial Rescission

    Section 351.213(d)(1) of the Department's regulations provides that 
the Department will rescind an administrative review, in whole or in 
part, if the party that requested the review withdraws its request for 
review within 90 days of the date of publication of the notice of 
initiation of the requested review. The Department published the 
Initiation Notice on April 3, 2015.\9\
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    \9\ See Initiation Notice at 18207-08.
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    On July 2, 2015, Monterey Mushrooms withdrew its request for review 
of 27 companies, including (1)Fujian Tongfa Foods Group Co., Ltd. 
(Fujian Tongfa), (2) Mikado Food China Co., Ltd. (Mikado), (3) Xiamen 
Hua Min Import & Export Co., Ltd., (4) Zhangzhou Tan Co. Ltd., Fujian, 
China and (5) Zhangzhou Yuxing Import & Export Trading Co., Ltd. No 
other party has requested a review of any of the five companies 
indicated above. Because all review requests have been timely 
withdrawn, we are rescinding this review with respect to these 
companies. For the remaining 22 companies, there continue to be active 
review requests; therefore, we are not rescinding the review for those 
companies.

[[Page 68838]]

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, please 
see the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at https://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of the Review

    On July 6, 2015, Kangfa withdrew from participation in this review 
prior to responding to the Department's questionnaire issued on June 
10, 2015.\10\ We therefore determine that Kangfa is ineligible for a 
separate rate and is part of the PRC-wide entity.\11\
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    \10\ See July 6, 2015 letter from Kangfa to Secretary of 
Commerce: Re: Certain Preserved Mushrooms from China Withdrawal from 
Administrative Review (Kangfa Withdrawal Letter).
    \11\ See Preliminary Decision Memorandum; Initiation Notice, 80 
FR at 18203 (providing that mandatory respondents will not be 
eligible for separate rate status ``unless they respond to all parts 
of the questionnaire as mandatory respondents.'').
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    Additionally, the Department preliminarily determines that the 
remaining 51 companies did not demonstrate their eligibility for 
separate rate status in this review because they have not filed either 
separate rate applications or separate rate certifications.\12\ As a 
result, the Department is preliminarily treating these 51 companies as 
part of the PRC-wide entity.
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    \12\ These 51 exporters are 1) Agrogentra & Co., Ltd., 2) Ayecue 
(Liaocheng) Foodstuff Co., Ltd, 3) Blue Field (Sichuan) Food 
Industrial Co., Ltd., 4) Casia Global Logistics Co., Ltd., 5) 
Changzhou Chen Rong- Da Carpet Co., Ltd., 6) China National Cereals, 
Oils & Foodstuffs Import & Export Corp., 7) China Processed Food 
Import & Export Co., 8) DHL ISC (Hong Kong) Limited, 9) Dujiangyan 
Xingda Foodstuff Co., Ltd., 10) Fujian Blue Lake Foods Co., Ltd., 
11) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., 12) Fujian 
Pinghe Baofeng Canned Foods, 13) Fujian Yuxing Fruits and Vegetables 
Foodstuffs Development Co., Ltd., 14) Fujian Zishan Group Co., Ltd., 
15) Guangxi Eastwing Trading Co., Ltd., 16) Guangxi Hengyang 
Industrial & Commercial Dev., Ltd., 17) Guangxi Hengyong Industrial 
& Commercial Dev. Ltd., 18) Inter-Foods (Dongshan) Co., Ltd., 19) 
Jiangxi Cereal Oils Foodstuffs, 20) Joy Foods (Zhangzhou) Co., Ltd., 
21) Kangfa, 22) Longhai Guangfa Food Co., Ltd., 23) Primera Harvest 
(Xiangfan) Co., Ltd., 24) Shandong Jiufa Edible Fungus Corporation, 
Ltd., 25) Shandong Xinfa Agricultural Science Corporation Ltd., 26) 
Shandong Yinfeng Rare Fungus Corporation, Ltd., 27) Shenzhen 
Syntrans International Logistics Co., Ltd., 28) Sun Wave Trading 
Co., Ltd., 29) Sunrise Food Industry & Commerce, 30) Shouguang 
Sunrise Industry & Commerce Co., Ltd., 31) Thuy Duong Transport And 
Trading Service JSC, 32) Tianjin Fulida Supply Co., Ltd., 33) Xiamen 
Aukking Imp. & Exp. Co., Ltd., 34) Xiamen Carre Food Co., Ltd., 35) 
Xiamen Choice Harvest Imp., 36) Xiamen Greenland Import & Export 
Co., Ltd., 37) Xiamen Gulong Import & Export Co., Ltd., 38) Xiamen 
Huamin Imp. & Exp. Co., Ltd., 39) Xiamen Jiahua Import & Export 
Trading Co., Ltd., 40) Xiamen Longhuai Import & Export Co., Ltd., 
41) Xiamen Longhuai Imp. & Exp. Co., Ltd., 42) Xiamen Longstar 
Lighting Co., Ltd., 43) Xiamen Sungiven Import & Export Co., Ltd., 
44) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd., 45) 
Zhangzhou Long Mountain Foods Co., Ltd., 46) Zhangzhou Longhai 
Minhui Industry & Trade Co., Ltd., 47) Zhangzhou Tan Co., Ltd., 48) 
Zhangzhou Tongfa Foods Industry Co., Ltd., 49) Zhangzhou Yuxing Imp. 
& Exp. Trading Co., Ltd., 50) Zhejiang Iceman Food Co., Ltd., and 
51) Zhejiang Iceman Group Co., Ltd.
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    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\13\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the PRC-wide entity is not under review and 
therefore its rate is not subject to change. The rate previously 
established for the PRC-wide entity in this proceeding is 308.33 
percent.\14\
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    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \14\ See Certain Preserved Mushrooms From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2013-2014; and Partial Rescission of Review, 80 FR 32355, 32357 
(June 8, 2015).
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Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary results within 
five days of the date of publication of the notice of preliminary 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because the Department has preliminarily determined that 
Kangfa is ineligible for a separate rate, there are no calculations to 
disclose. Interested parties may submit case briefs no later than 30 
days after the date of publication of the preliminary results.\15\ 
Rebuttals to case briefs may be filed no later than five days after the 
deadline for filing case briefs and all rebuttal comments must be 
limited to comments raised in the case briefs.\16\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\17\ Case and 
rebuttal briefs must be filed electronically via ACCESS.\18\
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    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ See 19 CFR 351.303(b).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 
days after the date of publication of this notice.\19\ Hearing requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues parties intend to 
present at the hearing. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined. Prior to the date of 
the hearing, the Department will contact all parties that submitted 
case or rebuttal briefs to determine if they wish to participate in the 
hearing. The Department will then distribute a hearing schedule to the 
parties prior to the hearing and only those parties listed on the 
schedule may present issues raised in their briefs.
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    \19\ See 19 CFR 351.310(c).
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    Unless extended, the Department intends to issue the final results 
of this administrative review, including the results of its analysis of 
the issues raised in any briefs, within 120 days after the publication 
of these preliminary results, pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\20\ The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of

[[Page 68839]]

review. We intend to instruct CBP to liquidate relevant entries from 
the PRC-wide entity (including Kangfa) at the current rate for the PRC-
wide entity (i.e., 308.33 percent). For the companies identified above 
that were found to have made no shipments during the POR, we intend to 
instruct CBP to liquidate any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) at the PRC-wide 
rate.\21\
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    \20\ See 19 CFR 351.212(b).
    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For any previously reviewed or 
investigated PRC and non-PRC exporter not listed above that received a 
separate rate in a previous segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific rate; 
(2) for all PRC exporters that 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); and (3) 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 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 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties. We are issuing and publishing 
these preliminary results in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Respondent Selection
4. Scope of the Order
5. Preliminary Determination of No Shipments
6. Partial Rescission
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. Companies That Did Not Establish Their Eligibility for a Separate 
Rate
10. Conclusion

[FR Doc. 2015-28340 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P