Certain Preserved Mushrooms From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2015, 1317-1318 [2016-31992]

Download as PDF Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is February 14, 2017. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: December 28, 2016. Elizabeth Whitman, Acting Executive Secretary. [FR Doc. 2016–32027 Filed 1–4–17; 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 Rescission of Antidumping Duty New Shipper Review; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) published its Preliminary Rescission for the new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China on August 8, 2016. The period of review (POR) is February 1, 2015, through July 31, 2015. For the final results of this review, as discussed below, we continue to find that the single U.S. sale made by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) during the POR is not bona fide. Because any weighted average dumping margins calculated in a NSR must be based solely on bona fide sales, we are rescinding this NSR. DATES: Effective January 5, 2017. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Erin Kearney, 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) 482–0167 respectively. mstockstill on DSK3G9T082PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 21:06 Jan 04, 2017 Jkt 241001 Background On August 8, 2016, the Department of Commerce (Department) published its Preliminary Rescission for the NSR of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China.1 For a complete description of the events that followed the publication of the Preliminary Rescission, see the Issues and Decision Memorandum.2 The Issues and 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 http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 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 1 See Certain Preserved Mushrooms from the People’s Republic of China: Preliminary Rescission of 2015 Antidumping Duty New Shipper Review, 81 FR 52403 (August 8, 2016) (Preliminary Rescission); see also Certain Preserved Mushrooms from the People’s Republic of China: Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 64 FR 8308 (February 19, 1999) (Order). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Certain Preserved Mushrooms from the People’s Republic of China: Issues and Decision Memorandum for the Final Rescission,’’ issued concurrently with and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 1317 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.3 Analysis of Comments Received All issues raised in the case briefs by parties are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an Appendix. Rescission of New Shipper Review For the Preliminary Rescission, the Department analyzed the bona fides of Yuqiao’s single U.S. sale during the POR, and preliminarily found it was not a bona fide sale.4 In Yuqiao’s case brief, Yuqiao submitted comments on the Department’s bona fides analysis.5 In this final rescission, we have analyzed Yuqiao’s comments and continue to determine that Yuqiao’s single U.S. sale is non-bona fide. Therefore, the Department is rescinding this NSR. For a complete discussion, see the Issues and Decision Memorandum. Assessment As the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for Yuqiao. 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 in part with the POR of this NSR.6 Thus, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend subject merchandise exported by Yuqiao and 3 For a complete description of the scope of the order, see the Issues and Decision Memorandum. 4 See Preliminary Rescission; see also Memorandum from Michael J. Heaney to Scot Fullerton, Re: 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., dated August 2, 2016. 5 See Letter from Linyi Yuqiao International Trade Co., Ltd. Re: Certain Preserved Mushrooms from the People’s Republic of China; Yuqiao’s Comments on the Department’s Preliminary Rescission, dated September 7, 2016. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324, 20338–20240 (April 7, 2016). E:\FR\FM\05JAN1.SGM 05JAN1 1318 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices 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. V. Recommendation Cash Deposit Requirements International Trade Administration Effective upon publication of this notice of final rescission of the NSR of Yuqiao, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Yuqiao. Because we did not calculate a dumping margin for Yuqiao or grant Yuqiao a separate rate in this NSR, Yuqiao continues to be part of the PRCwide entity. The cash deposit rate applicable to the PRC-wide entity is 308.33 percent. The current cash deposit requirements shall remain in effect until further notice. [A–821–809] [FR Doc. 2016–31992 Filed 1–4–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 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, which continues to govern business proprietary information in these segments 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 violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. mstockstill on DSK3G9T082PROD with NOTICES Appendix—Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether the Department Properly Weighed the Bona Fide Criteria Established Under Section 751(a)(2)(B)(iv) of the Statute Comment 2: Analysis of Sales Quantity, Timing, and Payment of Yuqiao’s Sale Comment 3: Analysis of the Behavior of Yuqiao, Yuqiao’s Importer, and Yuqiao’s Supplier 21:06 Jan 04, 2017 Jkt 241001 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 hot-rolled carbon steel flat products (hot-rolled steel) from the Russian Federation (Russia). The period of review (POR) is December 19, 2014, through November 30, 2015. The review covers one producer/exporter of the subject merchandise, Severstal PAO and Severstal Export (collectively, Severstal). We preliminarily determine that sales of subject merchandise by Severstal were made at less than normal value during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective January 5, 2017. FOR FURTHER INFORMATION, CONTACT: John Drury or Madeline Heeren, 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) 482–0195 or (202) 482– 9179, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. VerDate Sep<11>2014 Certain Hot-Rolled Carbon Steel Flat Products From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015 The Department published the notice of initiation of this review on February 9, 2016.1 Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the Department extended these preliminary results by 106 days until December 16, 2016.2 The Department then extended the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation Notice). 2 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Certain Hot-Rolled Carbon Steel Flat Products from the Russian Federation: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2014/2015,’’ dated August 17, 2016. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 preliminary results by an additional 14 days until December 31, 2016.3 For a description of the events that occurred prior, and subsequent, to the initiation of this review, see the memorandum dated concurrently with and hereby adopted by this notice 4 and Appendix I of 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 to ACCESS is available to registered users at http:// access.trade.gov and is 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 http:// enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The product covered by this order is hot-rolled steel from Russia. The full text of the scope of the order is contained in the Preliminary Decision Memorandum. Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Act. For a full description of the methodology and rationale underlying our conclusions, see the Preliminary Decision Memorandum. Application of Facts Available and Adverse Facts Available We preliminarily determine that the only respondent being individually reviewed, Severstal, failed to cooperate to the best of its ability in participating in the review, warranting the 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Certain Hot-Rolled Carbon Steel Flat Products from the Russian Federation: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2014/2015,’’ dated December 16, 2016. 4 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations entitled: ‘‘Decision Memorandum for the Preliminary Results of Review of Certain Hot-Rolled Carbon Steel Flat Products from the Russian Federation’’ (Preliminary Decision Memorandum). E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1317-1318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Final Rescission of Antidumping Duty New Shipper Review; 2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) published its 
Preliminary Rescission for the new shipper review (NSR) of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China on August 8, 2016. The period of review (POR) is 
February 1, 2015, through July 31, 2015. For the final results of this 
review, as discussed below, we continue to find that the single U.S. 
sale made by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) during 
the POR is not bona fide. Because any weighted average dumping margins 
calculated in a NSR must be based solely on bona fide sales, we are 
rescinding this NSR.

DATES: Effective January 5, 2017.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Erin Kearney, 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) 482-0167 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 8, 2016, the Department of Commerce (Department) 
published its Preliminary Rescission for the NSR of the antidumping 
duty order on certain preserved mushrooms from the People's Republic of 
China.\1\ For a complete description of the events that followed the 
publication of the Preliminary Rescission, see the Issues and Decision 
Memorandum.\2\ The Issues and 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 http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms from the People's Republic 
of China: Preliminary Rescission of 2015 Antidumping Duty New 
Shipper Review, 81 FR 52403 (August 8, 2016) (Preliminary 
Rescission); see also Certain Preserved Mushrooms from the People's 
Republic of China: Notice of Amendment of Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order, 64 FR 8308 
(February 19, 1999) (Order).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
entitled ``Certain Preserved Mushrooms from the People's Republic of 
China: Issues and Decision Memorandum for the Final Rescission,'' 
issued concurrently with and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

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.\3\
---------------------------------------------------------------------------

    \3\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised is attached to this notice as an Appendix.

Rescission of New Shipper Review

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Yuqiao's single U.S. sale during the POR, and preliminarily 
found it was not a bona fide sale.\4\ In Yuqiao's case brief, Yuqiao 
submitted comments on the Department's bona fides analysis.\5\ In this 
final rescission, we have analyzed Yuqiao's comments and continue to 
determine that Yuqiao's single U.S. sale is non-bona fide. Therefore, 
the Department is rescinding this NSR. For a complete discussion, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Preliminary Rescission; see also Memorandum from Michael 
J. Heaney to Scot Fullerton, Re: 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., dated August 2, 2016.
    \5\ See Letter from Linyi Yuqiao International Trade Co., Ltd. 
Re: Certain Preserved Mushrooms from the People's Republic of China; 
Yuqiao's Comments on the Department's Preliminary Rescission, dated 
September 7, 2016.
---------------------------------------------------------------------------

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Yuqiao. 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 in part with the POR of this NSR.\6\ Thus, we 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend subject merchandise exported by Yuqiao and

[[Page 1318]]

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.
---------------------------------------------------------------------------

    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20338-20240 (April 7, 2016).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Yuqiao, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from Yuqiao. 
Because we did not calculate a dumping margin for Yuqiao or grant 
Yuqiao a separate rate in this NSR, Yuqiao continues to be part of the 
PRC-wide entity. The cash deposit rate applicable to the PRC-wide 
entity is 308.33 percent. The current cash deposit requirements shall 
remain in effect until further notice.

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, which continues 
to govern business proprietary information in these segments 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 violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether the Department Properly Weighed the Bona Fide 
Criteria Established Under Section 751(a)(2)(B)(iv) of the Statute
    Comment 2: Analysis of Sales Quantity, Timing, and Payment of 
Yuqiao's Sale
    Comment 3: Analysis of the Behavior of Yuqiao, Yuqiao's 
Importer, and Yuqiao's Supplier
V. Recommendation

[FR Doc. 2016-31992 Filed 1-4-17; 8:45 am]
 BILLING CODE 3510-DS-P