Certain Preserved Mushrooms From the People's Republic of China: Preliminary Rescission of 2015 Antidumping Duty New Shipper Review, 52403-52405 [2016-18779]
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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
Timken Notice
DEPARTMENT OF COMMERCE
In its decision in Timken, 893 F.2d at
341, as clarified by Diamond Sawblades,
the Federal Circuit 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 July 18, 2016, judgment in
Meridian II sustaining the Department’s
finding in the Final Results of
Redetermination that Meridian’s Type B
door handles are not covered by the
scope of the Orders constitutes a final
decision of the Court that is not in
harmony with the Kitchen Appliance
Door Handles Scope Ruling. This notice
is published in fulfillment of the
publication requirements of Timken.
Accordingly, the Department will
continue the suspension of liquidation
of Meridian’s Type B door handles at
issue pending expiration of the period
of appeal or, if appealed, pending a final
and conclusive court decision.
International Trade Administration
Amended Final Scope Ruling
Because there is now a final court
decision with respect to the Kitchen
Appliance Door Handles Scope Ruling,
the Department amends its final scope
ruling and finds that the scope of the
Orders does not cover Meridian’s Type
B door handles. The Department will
instruct U.S. Customs and Border
Protection (CBP) that the cash deposit
rate will be zero percent for Meridian’s
Type B door handles. In the event the
CIT’s ruling is not appealed, or if
appealed, upheld by the Federal Circuit,
the Department will instruct CBP to
liquidate entries of Meridian’s Type B
door handles without regard to
antidumping and/or countervailing
duties, and to lift suspension of
liquidation of such entries.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
mstockstill on DSK3G9T082PROD with NOTICES
Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–18788 Filed 8–5–16; 8:45 am]
BILLING CODE 3510–DS–P
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Rescission of 2015
Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting a new
shipper review (NSR) of the
antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC). The NSR
covers merchandise exported by Linyi
Yuqiao International Trade Co., Ltd.
(Yuqiao) and produced by Linyi City
Kangfa Drinkable Co., Ltd. The period of
review (POR) is February 1, 2015
through July 31, 2015. The Department
preliminarily determines that Yuqiao
did not make a bona fide sale during the
POR. Because any weighted average
dumping margin must be based solely
on bona fide sales, we are preliminarily
rescinding this NSR. Interested parties
are invited to comment on the
preliminary results of this review.
DATES: Effective August 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4475 and (202) 482–0649,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 8, 2015, the Department
published a notice of initiation of a new
shipper review of the antidumping duty
order on certain preserved mushrooms
from the PRC.1 The Department
subsequently issued an antidumping
duty questionnaire, and supplemental
questionnaires, to Yuqiao and received
timely responses thereto.
The Department has exercised its
discretion to toll all administrative
deadlines due to the recent closure of
the Federal government because of
Snowstorm ‘‘Jonas.’’ Thus, all of the
deadlines in this segment of the
proceeding have been extended by four
business days. The revised deadline for
1 See Certain Preserved Mushrooms From the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review, 80 FR
60883 (October 8, 2015) (Initiation Notice).
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22:23 Aug 05, 2016
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52403
the preliminary results of this review,
after the four business-day extension,
was April 4, 2016.2 However, on March
28, 2016, the Department extended the
time period for issuing the preliminary
results of this NSR by 120 days, until
August 2, 2016.3
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. 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.4
Methodology
The Department is conducting this
review in accordance with section
2 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain Preserved
Mushrooms from the People’s Republic of China:
Extension of Deadline for the Preliminary Results
of Antidumping Duty New Shipper Review,’’ dated
March 28, 2016.
4 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for the
Preliminary Rescission of the 2015 Antidumping
Duty New Shipper Review of Certain Preserved
Mushrooms from the People’s Republic of China,’’
from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance (Preliminary Decision Memorandum),
dated concurrently with this notice.
E:\FR\FM\08AUN1.SGM
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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. 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 is available 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
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Preliminary Rescission of the
Antidumping New Shipper Review of
Yuqiao
As discussed in the Bona Fide Sales
Analysis Memorandum,5 the
Department preliminarily finds that the
sale made by Yuqiao is not a bona fide
sale. The Department reached this
conclusion based on its consideration of
the totality of the circumstances
surrounding the reported sale, including
the timing of Yuqiao’s one U.S. sale, the
importer’s lateness in paying Yuqiao,
and other elements relating to the
atypical behavior of all parties in the
transaction chain. These factors indicate
that Yuqiao’s single U.S. sale is not
representative of normal business
practices and, thus, is not a bona fide
sale.6 Because the factual information
used in our bona fides analysis of
Yuqiao’s sale involves business
proprietary information, for a full
discussion of the basis for our
preliminary determination see the Bona
Fide Sales Analysis Memorandum.
Public Comment
mstockstill on DSK3G9T082PROD with NOTICES
Interested parties may submit case
briefs no later than 30 days after the
date of publication of the preliminary
5 See Memorandum to Scot Fullerton, Director,
Office VI, AD/CVD Operations, from Michael J.
Heaney, Senior International Trade Analyst, Office
VI, AD/CVD Operations, entitled ‘‘2015
Antidumping Duty New Shipper Review of Certain
Preserved Mushrooms From the People’s Republic
of China: Preliminary Bona Fide Sales Analysis for
Linyi Yuqiao International Trade Co., Ltd.’’ (Bona
Fide Sales Analysis Memorandum), dated
concurrently with this notice.
6 See, generally, Bona Fide Sales Analysis
Memorandum.
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22:23 Aug 05, 2016
Jkt 238001
results of review.7 Rebuttals to case
briefs may be filed no later than five
days after the due date for the case
briefs.8 All rebuttal comments must be
limited to comments raised in the case
briefs.9
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement & Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.10 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. 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 date and
time to be determined.11 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions, with limited
exceptions, must be 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 p.m. Eastern Time (ET) on the due
date. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 18022, and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.12
Unless extended, the Department
intends to issue the final results or final
rescission of this NSR, which will
include the results of its analysis of
issues raised in any briefs received, no
later than 90 days after the date these
preliminary results of review are issued
pursuant to section 751(a)(2)(B)(iii) of
the Act.
the PRC covering numerous exporters,
including Yuqiao, for the period of
February 1, 2015 through January 31,
2016, which overlaps with the period
covered by this NSR.13 Thus, if the
Department proceeds to a final
rescission, we will instruct U.S.
Customs and Border Protection (CBP) to
continue to suspend subject
merchandise exported by Yuqiao and
entered into the United States during
the period February 1, 2015 through
January 31, 2016 until CBP receives
instructions relating to the
administrative review of this order
covering that period.
If the Department does not proceed to
a final rescission of this new shipper
review, pursuant to 19 CFR
351.212(b)(1), we will calculate an
importer-specific (or customer-specific)
assessment rate based on the final
results of this review. However,
pursuant to the Department’s refinement
to its assessment practice in non-market
economy cases,14 for entries that were
not reported in the U.S. sales database
submitted by Yuqiao, the Department
will instruct CBP to liquidate such
entries at the PRC-wide rate.
Assessment Rates
If the Department proceeds to a final
rescission of Yuqiao’s NSR, the
assessment rate to which Yuqiao’s
shipments will be subject will not be
affected by this review. However, the
Department initiated an administrative
review of the antidumping duty order
on certain preserved mushrooms from
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
7 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1).
9 See 19 CFR 351.309(d)(2).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
8 See
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Frm 00008
Fmt 4703
Sfmt 4703
Cash Deposit Requirements
Effective upon publication of the final
rescission or the final results of this
NSR, the Department will instruct CBP
to discontinue the option of posting a
bond or security in lieu of a cash
deposit for entries of Yuqiao’s subject
merchandise. If the Department
proceeds to a final rescission of this
NSR, the cash deposit rate will continue
to be the PRC-wide rate for Yuqiao,
because the Department will not have
determined an individual margin of
dumping for Yuqiao. If the Department
does not proceed to a final rescission in
this NSR, the Department will instruct
CBP to collect cash deposits, effective
upon the publication of the final results,
at the rate established therein.
13 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
20324, 20338–20240 (April 7, 2016).
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011).
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act.
Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Sections in the
Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion
[FR Doc. 2016–18779 Filed 8–5–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–27A12]
Export Trade Certificate of Review
International Trade
Administration, Department of
Commerce.
ACTION: Notice of Application for an
Amended Export Trade Certificate of
Review by Northwest Fruit Exporters,
Application No. 84–27A12.
AGENCY:
The Secretary of Commerce,
through the International Trade
Administration, Office of Trade and
Economic Analysis (OTEA), has
received an application for an amended
Export Trade Certificate of Review
(‘‘Certificate’’) from Northwest Fruit
Exporters. This notice summarizes the
proposed amendment and seeks public
comments on whether the amended
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Trade and Economic Analysis,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at
etca@trade.gov.
SUMMARY:
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
mstockstill on DSK3G9T082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
22:23 Aug 05, 2016
Jkt 238001
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register identifying the
applicant and summarizing its proposed
export conduct.
Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether an amended Certificate should
be issued. If the comments include any
privileged or confidential business
information, it must be clearly marked
and a nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
An original and five (5) copies, plus
two (2) copies of the nonconfidential
version, should be submitted no later
than 20 days after the date of this notice
to: Export Trading Company Affairs,
International Trade Administration,
U.S. Department of Commerce, Room
21028, Washington, DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
amended Certificate. Comments should
refer to this application as ‘‘Export
Trade Certificate of Review, application
number 84–27A12.’’
A summary of the current application
follows.
Summary of the Application
Applicant: Northwest Fruit Exporters,
105 South 18th Street, Suite 227,
Yakima, WA 98901.
Contact: Fred Scarlett, Manager, (509)
576–8004.
Application No.: 84–27A12.
Date Deemed Submitted: July 25,
2016.
Proposed Amendment: Northwest
Fruit Exporters seeks to amend its
Certificate as follows:
1. Add the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)), for Export
Trade Activities and Methods of
Operation relating to apples (A):
• Legacy Fruit Packers LLC—Wapato,
WA
2. Remove the following companies as
Members of the Certificate:
• Garrett Ranches Packing—Wilder, ID
• Ron Lefore d/b/a LeFore Apple
Farms—Milton-Freewater, OR
3. Change the product listing for the
following existing Members:
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Frm 00009
Fmt 4703
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52405
• From pears (P) to apples and pears
(A,P) for Underwood Fruit &
Warehouse Co.—Bingen, WA
4. Update the city listing for the
following existing Members:
• Remove Brewster, WA from Custom
Apple Packers, Inc.
• Change location of L&M Companies
from Selah to Union Gap, WA
Northwest Fruit Exporter’s Export
Trade Certificate of Review complete
amended membership is listed below:
1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
3. Apple House Warehouse & Storage,
Inc., Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc., Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Blue Star Growers, Inc., Cashmere,
WA
9. Borton & Sons, Inc., Yakima, WA
10. Brewster Heights Packing &
Orchards, LP, Brewster, WA
11. Broetje Orchards LLC, Prescott, WA
12. C.M. Holtzinger Fruit Co., Inc.,
Yakima, WA
13. Chelan Fruit Cooperative, Chelan,
WA
14. Chiawana, Inc. dba Columbia Reach
Pack, Yakima, WA
15. Columbia Fruit Packers, Inc.,
Wenatchee, WA
16. Columbia Fruit Packers/Airport
Division, Wenatchee, WA
17. Columbia Marketing International
Corp., Wenatchee, WA
18. Columbia Valley Fruit, L.L.C.,
Yakima, WA
19. Congdon Packing Co. L.L.C.,
Yakima, WA
20. Conrad & Adams Fruit L.L.C.,
Grandview, WA
21. Cowiche Growers, Inc., Cowiche,
WA
22. CPC International Apple Company,
Tieton, WA
23. Crane & Crane, Inc., Brewster, WA
24. Custom Apple Packers, Inc., Quincy,
and Wenatchee, WA
25. Diamond Fruit Growers, Odell, OR
26. Domex Superfresh Growers LLC,
Yakima, WA
27. Douglas Fruit Company, Inc., Pasco,
WA
28. Dovex Export Company, Wenatchee,
WA
29. Duckwall Fruit, Odell, OR
30. E. Brown & Sons, Inc., MiltonFreewater, OR
31. Evans Fruit Co., Inc., Yakima, WA
32. E.W. Brandt & Sons, Inc., Parker,
WA
33. Frosty Packing Co., LLC, Yakima,
WA
34. G&G Orchards, Inc., Yakima, WA
E:\FR\FM\08AUN1.SGM
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Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52403-52405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18779]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-851]
Certain Preserved Mushrooms From the People's Republic of China:
Preliminary Rescission of 2015 Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a
new shipper review (NSR) of the antidumping duty order on certain
preserved mushrooms from the People's Republic of China (PRC). The NSR
covers merchandise exported by Linyi Yuqiao International Trade Co.,
Ltd. (Yuqiao) and produced by Linyi City Kangfa Drinkable Co., Ltd. The
period of review (POR) is February 1, 2015 through July 31, 2015. The
Department preliminarily determines that Yuqiao did not make a bona
fide sale during the POR. Because any weighted average dumping margin
must be based solely on bona fide sales, we are preliminarily
rescinding this NSR. Interested parties are invited to comment on the
preliminary results of this review.
DATES: Effective August 8, 2016.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 8, 2015, the Department published a notice of initiation
of a new shipper review of the antidumping duty order on certain
preserved mushrooms from the PRC.\1\ The Department subsequently issued
an antidumping duty questionnaire, and supplemental questionnaires, to
Yuqiao and received timely responses thereto.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms From the People's Republic
of China: Initiation of Antidumping Duty New Shipper Review, 80 FR
60883 (October 8, 2015) (Initiation Notice).
---------------------------------------------------------------------------
The Department has exercised its discretion to toll all
administrative deadlines due to the recent closure of the Federal
government because of Snowstorm ``Jonas.'' Thus, all of the deadlines
in this segment of the proceeding have been extended by four business
days. The revised deadline for the preliminary results of this review,
after the four business-day extension, was April 4, 2016.\2\ However,
on March 28, 2016, the Department extended the time period for issuing
the preliminary results of this NSR by 120 days, until August 2,
2016.\3\
---------------------------------------------------------------------------
\2\ See Memorandum to the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, regarding
``Tolling of Administrative Deadlines as a Result of the Government
Closure during Snowstorm Jonas,'' dated January 27, 2016.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Preserved Mushrooms from the People's Republic of China:
Extension of Deadline for the Preliminary Results of Antidumping
Duty New Shipper Review,'' dated March 28, 2016.
---------------------------------------------------------------------------
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. 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.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
``Decision Memorandum for the Preliminary Rescission of the 2015
Antidumping Duty New Shipper Review of Certain Preserved Mushrooms
from the People's Republic of China,'' from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance (Preliminary Decision Memorandum), dated
concurrently with this notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
[[Page 52404]]
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. 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 is available 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 at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
Preliminary Rescission of the Antidumping New Shipper Review of Yuqiao
As discussed in the Bona Fide Sales Analysis Memorandum,\5\ the
Department preliminarily finds that the sale made by Yuqiao is not a
bona fide sale. The Department reached this conclusion based on its
consideration of the totality of the circumstances surrounding the
reported sale, including the timing of Yuqiao's one U.S. sale, the
importer's lateness in paying Yuqiao, and other elements relating to
the atypical behavior of all parties in the transaction chain. These
factors indicate that Yuqiao's single U.S. sale is not representative
of normal business practices and, thus, is not a bona fide sale.\6\
Because the factual information used in our bona fides analysis of
Yuqiao's sale involves business proprietary information, for a full
discussion of the basis for our preliminary determination see the Bona
Fide Sales Analysis Memorandum.
---------------------------------------------------------------------------
\5\ See Memorandum to Scot Fullerton, Director, Office VI, AD/
CVD Operations, from Michael J. Heaney, Senior International Trade
Analyst, Office VI, AD/CVD Operations, entitled ``2015 Antidumping
Duty New Shipper Review of Certain Preserved Mushrooms From the
People's Republic of China: Preliminary Bona Fide Sales Analysis for
Linyi Yuqiao International Trade Co., Ltd.'' (Bona Fide Sales
Analysis Memorandum), dated concurrently with this notice.
\6\ See, generally, Bona Fide Sales Analysis Memorandum.
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of review.\7\
Rebuttals to case briefs may be filed no later than five days after the
due date for the case briefs.\8\ All rebuttal comments must be limited
to comments raised in the case briefs.\9\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1).
\9\ See 19 CFR 351.309(d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\10\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. 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 date and time to be determined.\11\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be 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 p.m. Eastern Time (ET) on the due date.
Documents excepted from the electronic submission requirements must be
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room
18022, and stamped with the date and time of receipt by 5 p.m. ET on
the due date.\12\
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Unless extended, the Department intends to issue the final results
or final rescission of this NSR, which will include the results of its
analysis of issues raised in any briefs received, no later than 90 days
after the date these preliminary results of review are issued pursuant
to section 751(a)(2)(B)(iii) of the Act.
Assessment Rates
If the Department proceeds to a final rescission of Yuqiao's NSR,
the assessment rate to which Yuqiao's shipments will be subject will
not be affected by this review. However, the Department initiated an
administrative review of the antidumping duty order on certain
preserved mushrooms from the PRC covering numerous exporters, including
Yuqiao, for the period of February 1, 2015 through January 31, 2016,
which overlaps with the period covered by this NSR.\13\ Thus, if the
Department proceeds to a final rescission, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend subject
merchandise exported by Yuqiao and entered into the United States
during the period February 1, 2015 through January 31, 2016 until CBP
receives instructions relating to the administrative review of this
order covering that period.
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\13\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 20324, 20338-20240 (April 7, 2016).
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If the Department does not proceed to a final rescission of this
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate
an importer-specific (or customer-specific) assessment rate based on
the final results of this review. However, pursuant to the Department's
refinement to its assessment practice in non-market economy cases,\14\
for entries that were not reported in the U.S. sales database submitted
by Yuqiao, the Department will instruct CBP to liquidate such entries
at the PRC-wide rate.
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, the Department will instruct CBP to discontinue
the option of posting a bond or security in lieu of a cash deposit for
entries of Yuqiao's subject merchandise. If the Department proceeds to
a final rescission of this NSR, the cash deposit rate will continue to
be the PRC-wide rate for Yuqiao, because the Department will not have
determined an individual margin of dumping for Yuqiao. If the
Department does not proceed to a final rescission in this NSR, the
Department will instruct CBP to collect cash deposits, effective upon
the publication of the final results, at the rate established therein.
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
[[Page 52405]]
occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Sections in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion
[FR Doc. 2016-18779 Filed 8-5-16; 8:45 am]
BILLING CODE 3510-DS-P