Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 12692-12694 [2016-05409]
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12692
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
Toscelik received from the provision of
the land parcel for LTAR.6 The resulting
calculations have changed the
countervailing duty rates calculated for
Borusan, Toscelik, and the all others
rate.
As explained above, on February 22,
2016, the CIT affirmed the Department’s
Remand Redetermination.
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
the Department must publish a notice of
a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
February 22, 2016, final judgment
affirming the Remand Redetermination
constitutes a final decision of that court
which is not in harmony with the Final
Determination. This notice is published
in fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue
suspension of liquidation of the subject
merchandise pending expiration of the
period of appeal or, if appealed,
pending a final and conclusive court
decision.
Amended Final Determination
Because there is now a final court
decision with respect to the Final
Determination, the Department amends
its Final Determination. The Department
finds that the following revised net
countervailable subsidy rates exist:
Net subsidy
rate
(percent)
Producer/exporter
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
Holding A.S ......................................................................................................................................................................................
Tosyali Dis Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
¸
Celik San. A.S., and Tosyali Holding A.S ........................................................................................................................................
All Others .............................................................................................................................................................................................
2.39
* 0.95
2.39
mstockstill on DSK4VPTVN1PROD with NOTICES
* De minimis.
Because the revised countervailable
subsidy rate for Toscelik is de minimis,
there is now a negative countervailing
duty determination for Toscelik.
Accordingly, the Department will
instruct United States Customs and
Border Protection (CBP) to continue
suspension of liquidation of Toscelik’s
subject merchandise, but set the cash
deposit rate for Toscelik to zero pending
a final and conclusive court decision.
For Borusan, the Department will
instruct CBP to set the cash deposit rate
to the rate listed above, again, pending
a final and conclusive court decision.
In the Final Determination, in
accordance with section 705(c)(5)(A) of
the Act, for companies not individually
investigated, we applied an ‘‘all-others’’
rate of 9.21 percent. This rate was
calculated as the average of the rates
determined for Borusan and Toscelik
(15.89 and 2.53, respectively).7 As noted
above, Toscelik’s amended
countervailable subsidy rate is de
minimis. Section 705(c)(5)(i) of the Act
stipulates that the ‘‘all-others’’ rate
should exclude zero and de minimis
rates calculated for the companies
individually investigated. Therefore, for
purposes of this amended Final
Determination, the Department will
instruct CBP that the ‘‘all-others’’ cash
deposit rate is to be amended to
Borusan’s revised calculated subsidy
rate, 2.39 percent.
6 Id.
at 28.
Final Determination, 79 FR at 41965.
1 See Certain Preserved Mushrooms from the
People’s Republic of China: Preliminary Results of
7 See
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This notice is issued and published in
accordance with sections 516A(e)(1),
705(c)(1)(B), and 777(i)(1) of the Act.
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05408 Filed 3–9–16; 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
Administrative Review; 2014–2015
Kangfa is not eligible for a separate rate
and, therefore is part of the PRC-wide
entity. The Department invited
interested parties to comment on the
Preliminary Results. No parties
commented. Accordingly, our final
results remain unchanged from the
Preliminary Results.
DATES: Effective Date: March 10, 2016.
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
AGENCY:
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2015, the
Department of Commerce (the
Department) published the Preliminary
Results of the 2014–2015 administrative
review of the antidumping duty order
on Certain Preserved Mushrooms from
the People’s Republic of China.1 The
period of review (POR) is February 1,
2014, through January 31, 2015. This
review covers one mandatory
respondent, Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. (Kangfa). In the
Preliminary Results, we determined that
On November 6, 2015, the Department
published the Preliminary Results. We
invited interested parties to comment on
the Preliminary Results, but no
comments were received. Also, as
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement & Compliance, the
Department has exercised its authority
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results is
now March 11, 2016.2
Antidumping Duty Administrative Review, and
Rescission in Part, 80 FR 68836 (November 6, 2015)
(Preliminary Results), and the accompanying
Decision Memorandum (Preliminary Decision
Memorandum).
2 See Memorandum to the File from Ron
Lorentzen, Acting A/S for Enforcement &
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
Scope of the Order
The products covered by this order
are certain preserved mushrooms,
whether imported whole, sliced, diced,
or as stems and pieces. The certain
preserved mushrooms covered under
this order are the species Agaricus
bisporus and Agaricus bitorquis.
‘‘Certain Preserved Mushrooms’’ refers
to mushrooms that have been prepared
or preserved by cleaning, blanching, and
sometimes slicing or cutting. These
mushrooms are then packed and heated
in containers including, but not limited
to, cans or glass jars in a suitable liquid
medium, including, but not limited to,
water, brine, butter or butter sauce.
Certain preserved mushrooms may be
imported whole, sliced, diced, or as
stems and pieces. Included within the
scope of this order are ‘‘brined’’
mushrooms, which are presalted and
packed in a heavy salt solution to
provisionally preserve them for further
processing.3
Excluded from the scope of this order
are the following: (1) All other species
of mushroom, including straw
mushrooms; (2) all fresh and chilled
mushrooms, including ‘‘refrigerated’’ or
‘‘quick blanched mushrooms;’’ (3) dried
mushrooms; (4) frozen mushrooms; and
(5) ‘‘marinated,’’ ‘‘acidified,’’ or
‘‘pickled’’ mushrooms, which are
prepared or preserved by means of
vinegar or acetic acid, but may contain
oil or other additives.
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.
Final Determination of No Shipments
mstockstill on DSK4VPTVN1PROD with NOTICES
In the Preliminary Results, we
preliminarily determined that (1) the
exporter/producer combination of
Dezhou Kaihang Agricultural Science
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Sniwstorm Jonas’’ dated January 27, 2016.
3 On June 19, 2000, the Department affirmed that
‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms
containing less than 0.5 percent acetic acid are
within the scope of the antidumping duty order.
See Recommendation Memorandum-Final Ruling of
Request by Tak Fat, et al. for Exclusion of Certain
Marinated, Acidified Mushrooms from the Scope of
the Antidumping Duty Order on Certain Preserved
Mushrooms from the People’s Republic of China,’’
dated June 19, 2000. On February 9, 2005, the
United States Court of Appeals for the Federal
Circuit upheld this decision. See Tak Fat v. United
States, 396 F.3d 1378 (Fed. Cir. 2005).
VerDate Sep<11>2014
17:55 Mar 09, 2016
Jkt 238001
Technology Co., Ltd. (Dezhou Kaihang)/
Fujian Haishan Foods Co., Ltd.
(Fengyu); (2) the exporter/producer
combination of Fujian Haishan Foods
Co., Ltd. (Fujian Haishan)/Zhangzhou
Hongda Import & Export Trading Co.,
Ltd. (Hongda); (3) Guangxi Jisheng
Foods, Inc. (Guangxi Jisheng), (4)
Xiamen International Trade & Industrial
Co., Ltd. (XITIC); and (5) Zhangzhou
Gangchang Canned Foods Co., Ltd.
(Gangchang) did not have any
reviewable entries during the POR. In
particular, we found that (1) Dezhou
Kaihang/Fengyu, (2) Fujian Haishan/
Hongda, (3) Guangxi Jisheng, (4) XITIC
and (5) Gangchang all 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 those
companies 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
Dezhou Kaihang/Fengyu, Fujian
Haishan/Hongda, Guangxi Jisheng,
XITIC, and Gangchang and issue
appropriate instructions to CBP based
on the final results of the review.4 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
Dezhou Kaihang/Fengyu, Fujian
Haishan/Hongda, Guangxi Jisheng,
XITIC, and Gangchang had no
reviewable entries of subject
merchandise during the POR.
Final Results of Review
In our Preliminary Results, we found
that mandatory respondent Kangfa
failed to establish its eligibility for a
separate rate and preliminarily
determined to treat Kangfa as part of the
PRC-wide entity.5 We also found that
the remaining 51 exporters subject to
this review did not establish their
eligibility for separate rate status and
that they were, thus, part of the PRCwide entity.
No parties commented on these
Preliminary Results. Therefore, in these
final results, we continue to determine
that all 51 of these exporters are part of
the PRC-wide entity. Each of these
entities are listed in the attached
Appendix. Because no party requested a
review of the PRC-wide entity and the
4 See
5 See
PO 00000
Preliminary Results, 80 FR at 68837.
id. at 68838.
Frm 00014
Fmt 4703
Sfmt 4703
12693
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 in this
review.6
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
has determined, 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. The
Department intends to instruct CBP to
liquidate entries of subject merchandise
from the exporters identified above as
being part of the PRC-wide entity
(including Kangfa) at the PRC-wide rate,
i.e., 308.33 percent.
Pursuant to a refinement in the
Department’s practice, 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.7 As noted above,
the Department determines that Dezhou
Kaihang/Fengyu, Fujian Haishan/
Hongda, Guangxi Jisheng, XITIC, and
Gangchang 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 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; (2) for all
PRC exporters of subject merchandise
6 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 (November 4, 2013).
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
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); 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(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 final
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.
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.
SUPPLEMENTARY INFORMATION:
Amendments to Revise the Dates.
[FR Doc. 2016–05409 Filed 3–9–16; 8:45 am]
Stainless Steel Bar From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy Trade Mission to
Mexico; May 16–19, 2016
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
AGENCY:
Appendix
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
SUMMARY:
Companies Included in the PRC Wide Entity
The PRC Entity includes the following 51
entities: (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
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17:55 Mar 09, 2016
Jkt 238001
The United States Department
of Commerce, International Trade
Administration, is amending the Notice
published at 80 FR 76658 (December 10,
2015), regarding the executive-led
Renewable Energy Trade Mission to
Mexico, scheduled for May 16–19, 2016,
to extend the date of the application
deadline from March 4, 2016 to the new
deadline of March 17, 2016.
Applications received after March 17,
2016, will be considered only if space
and scheduling constrains permit and
participation fees must be paid by
March 31, 2016.
PO 00000
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Background
Due to the recent personnel changes,
applications for this Mission will now
be accepted through March 17, 2016
(and after that date if space remains and
scheduling constraints permit).
Interested U.S. companies and trade
associations/organizations providing
renewable energy equipment,
technology, and services which have not
already submitted an application are
encouraged to do so.
The U.S. Department of Commerce
will review applications and make
selection decisions on a staggered basis.
The applicants selected will be notified
as soon as possible.
Contact Information
Ethel M. Azueta Glen, International
Trade Specialist, Trade Missions, U.S.
Department of Commerce, Washington,
DC 20230, Tel: 202–482–5388, Fax:
202–482–9000, Ethel.Glen@trade.gov.
Frank Spector,
Director, Trade Missions Program.
[FR Doc. 2016–05411 Filed 3–9–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on stainless
steel bar (SSB) from India.1 The period
of review (POR) is February 1, 2014,
through January 31, 2015. This review
covers two producers or exporters of the
subject merchandise: Ambica Steels
Limited (Ambica), and Bhansali Bright
Bars Pvt. Ltd. (Bhansali). We
preliminarily find that Ambica and
Bhansali have not made sales of the
subject merchandise at prices below
normal value. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective Date: March 10, 2016.
AGENCY:
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015).
E:\FR\FM\10MRN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12692-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05409]
-----------------------------------------------------------------------
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; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2015, the Department of Commerce (the
Department) published the Preliminary Results of the 2014-2015
administrative review of the antidumping duty order on Certain
Preserved Mushrooms from the People's Republic of China.\1\ The period
of review (POR) is February 1, 2014, through January 31, 2015. This
review covers one mandatory respondent, Linyi City Kangfa Foodstuff
Drinkable Co., Ltd. (Kangfa). In the Preliminary Results, we determined
that Kangfa is not eligible for a separate rate and, therefore is part
of the PRC-wide entity. The Department invited interested parties to
comment on the Preliminary Results. No parties commented. Accordingly,
our final results remain unchanged from the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, and Rescission in Part, 80 FR 68836 (November 6, 2015)
(Preliminary Results), and the accompanying Decision Memorandum
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: March 10, 2016.
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 November 6, 2015, the Department published the Preliminary
Results. We invited interested parties to comment on the Preliminary
Results, but no comments were received. Also, as explained in the
memorandum from the Acting Assistant Secretary for Enforcement &
Compliance, the Department has exercised its authority to toll all
administrative deadlines due to the recent closure of the Federal
Government. All deadlines in this segment of the proceeding have been
extended by four business days. The revised deadline for the final
results is now March 11, 2016.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Sniwstorm Jonas'' dated
January 27, 2016.
---------------------------------------------------------------------------
[[Page 12693]]
Scope of the Order
The products covered by this order are certain preserved mushrooms,
whether imported whole, sliced, diced, or as stems and pieces. The
certain preserved mushrooms covered under this order are the species
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved
Mushrooms'' refers to mushrooms that have been prepared or preserved by
cleaning, blanching, and sometimes slicing or cutting. These mushrooms
are then packed and heated in containers including, but not limited to,
cans or glass jars in a suitable liquid medium, including, but not
limited to, water, brine, butter or butter sauce. Certain preserved
mushrooms may be imported whole, sliced, diced, or as stems and pieces.
Included within the scope of this order are ``brined'' mushrooms, which
are presalted and packed in a heavy salt solution to provisionally
preserve them for further processing.\3\
---------------------------------------------------------------------------
\3\ On June 19, 2000, the Department affirmed that
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing
less than 0.5 percent acetic acid are within the scope of the
antidumping duty order. See Recommendation Memorandum-Final Ruling
of Request by Tak Fat, et al. for Exclusion of Certain Marinated,
Acidified Mushrooms from the Scope of the Antidumping Duty Order on
Certain Preserved Mushrooms from the People's Republic of China,''
dated June 19, 2000. On February 9, 2005, the United States Court of
Appeals for the Federal Circuit upheld this decision. See Tak Fat v.
United States, 396 F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------
Excluded from the scope of this order are the following: (1) All
other species of mushroom, including straw mushrooms; (2) all fresh and
chilled mushrooms, including ``refrigerated'' or ``quick blanched
mushrooms;'' (3) dried mushrooms; (4) frozen mushrooms; and (5)
``marinated,'' ``acidified,'' or ``pickled'' mushrooms, which are
prepared or preserved by means of vinegar or acetic acid, but may
contain oil or other additives.
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.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that (1)
the exporter/producer combination of Dezhou Kaihang Agricultural
Science Technology Co., Ltd. (Dezhou Kaihang)/Fujian Haishan Foods Co.,
Ltd. (Fengyu); (2) the exporter/producer combination of Fujian Haishan
Foods Co., Ltd. (Fujian Haishan)/Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Hongda); (3) Guangxi Jisheng Foods, Inc. (Guangxi
Jisheng), (4) Xiamen International Trade & Industrial Co., Ltd.
(XITIC); and (5) Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang)
did not have any reviewable entries during the POR. In particular, we
found that (1) Dezhou Kaihang/Fengyu, (2) Fujian Haishan/Hongda, (3)
Guangxi Jisheng, (4) XITIC and (5) Gangchang all 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 those companies 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 Dezhou Kaihang/Fengyu, Fujian
Haishan/Hongda, Guangxi Jisheng, XITIC, and Gangchang and issue
appropriate instructions to CBP based on the final results of the
review.\4\ 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 Dezhou Kaihang/Fengyu, Fujian Haishan/
Hongda, Guangxi Jisheng, XITIC, and Gangchang had no reviewable entries
of subject merchandise during the POR.
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\4\ See Preliminary Results, 80 FR at 68837.
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Final Results of Review
In our Preliminary Results, we found that mandatory respondent
Kangfa failed to establish its eligibility for a separate rate and
preliminarily determined to treat Kangfa as part of the PRC[hyphen]wide
entity.\5\ We also found that the remaining 51 exporters subject to
this review did not establish their eligibility for separate rate
status and that they were, thus, part of the PRC-wide entity.
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\5\ See id. at 68838.
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No parties commented on these Preliminary Results. Therefore, in
these final results, we continue to determine that all 51 of these
exporters are part of the PRC-wide entity. Each of these entities are
listed in the attached Appendix. 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 in this review.\6\
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\6\ 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 (November 4, 2013).
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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 has determined,
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. The Department intends to
instruct CBP to liquidate entries of subject merchandise from the
exporters identified above as being part of the PRC-wide entity
(including Kangfa) at the PRC-wide rate, i.e., 308.33 percent.
Pursuant to a refinement in the Department's practice, 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.\7\ As noted above, the Department determines that Dezhou
Kaihang/Fengyu, Fujian Haishan/Hongda, Guangxi Jisheng, XITIC, and
Gangchang 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.
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\7\ 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 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 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; (2) for all PRC exporters of subject
merchandise
[[Page 12694]]
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); 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(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 final 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: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Companies Included in the PRC Wide Entity
The PRC Entity includes the following 51 entities: (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.
[FR Doc. 2016-05409 Filed 3-9-16; 8:45 am]
BILLING CODE 3510-DS-P
