Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 30841-30843 [2017-13939]
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: June 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–13936 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
[A–570–806]
Silicon Metal From the People’s
Republic of China: Final Results of the
Expedited Fourth Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this fourth
sunset review, the Department of
Commerce (the Department) finds that
revocation of the antidumping duty
order on silicon metal from the People’s
Republic of China (PRC) would be likely
to lead to continuation or recurrence of
dumping, at the level indicated in the
‘‘Final Results of Sunset Review’’
section of this notice, infra.
DATES: Effective July 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Howard Smith, AD/
CVD Operations, Office 4, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4081 or (202) 482–5193,
respectively.
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
Background
On June 10, 1991, the Department
published in the Federal Register the
antidumping duty order on silicon
metal from the PRC.1 On March 3, 2017,
the Department published the notice of
initiation of the fourth sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On March 3, 2017, pursuant to 19
CFR 351.218(d)(1), the Department
received a timely and complete notice of
intent to participate in the sunset review
from Globe Metallurgical, Inc., a
domestic producer of silicon metal
(Globe).3 This notice was filed within
1 See Antidumping Duty Order: Silicon Metal
From the People’s Republic of China, 56 FR 26649
(June 10, 1991) (Order).
2 See Initiation of Five-Year (Sunset) Review, 82
FR 12438 (March 3, 2017).
3 See Letter from Domestic Interested Party
(Globe) re Silicon Metal from the People’s Republic
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17:53 Jun 30, 2017
Jkt 241001
the time period specified in 19 CFR
351.218(d)(1)(i).4 On March 24, 2017,
pursuant to 19 CFR 351.218(d)(3)(i),
Globe filed a timely and adequate
substantive response.5 The Department
did not receive a substantive response
from any respondent interested party.
As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited (120-day)
fourth sunset review of the Order.
The merchandise covered by the order
is silicon metal containing at least 96.00
percent, but less than 99.99 percent of
silicon by weight. Also covered by the
order is silicon metal containing
between 89.00 and 96.00 percent silicon
by weight but which contains a higher
aluminum content than the silicon
metal containing at least 96.00 percent
but less than 99.99 percent silicon by
weight (58 FR 27542, May 10, 1993).
Silicon metal is currently provided for
under subheadings 2804.69.10 and
2804.69.50 of the Harmonized Tariff
Schedule (HTSUS) as a chemical
product, but is commonly referred to as
a metal. Semiconductor-grade silicon
(silicon metal containing by weight not
less than 99.99 percent of silicon and
provided for in subheading 2804.61.00
of the HTSUS) is not subject to this
order. Although the HTSUS numbers
are provided for convenience and
customs purposes, the written
description remains dispositive.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, specifically
the likelihood of continuation or
recurrence of dumping and the
magnitude of the margins likely to
prevail if the Order were to be revoked,
is provided in the accompanying Issues
and Decision Memorandum, which is
hereby adopted by this notice.6 The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
30841
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://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 at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to section 752(c)(3) of the
Act, the Department determines that
revocation of the Order would likely
lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average dumping
margins up to 139.49 percent.
Notification Regarding Administrative
Protective Orders
This notice also serves as the only
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.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
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 the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: June 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–13940 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
of China; Fourth Sunset Review; Notice of Intent to
Participate dated March 3, 2017.
4 See Id.
5 See Silicon Metal from the People’s Republic of
China; Fourth Sunset Review; Substantive Response
of Globe Metallurgical Inc. to the Notice of
Initiation, dated March 24, 2017 (Globe Substantive
Response).
6 See Silicon Metal from the People’s Republic of
China: Issues and Decision Memorandum for the
Expedited Fourth Sunset Review of the
Antidumping Duty Order on Silicon Metal from the
People’s Republic of China dated (Issues and
Decision Memorandum), dated concurrently with
this notice.
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Certain Preserved Mushrooms From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments;
2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2017, the
Department of Commerce (the
AGENCY:
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (PRC) covering the
period of review (POR) February 1,
2015, through January 31, 2016. We
invited interested parties to comment on
the preliminary results. We received
comments from Dezhou Kaihang
Agricultural Science Technology Co.,
Ltd. (Dezhou Kaihang) agreeing with the
preliminary results. No other party
submitted comments. Accordingly, the
final results remain unchanged from the
preliminary results.
DATES: Effective July 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–4475.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2017, the Department
published the Preliminary Results 1 of
the 2015–2016 administrative review of
the antidumping duty order 2 on certain
preserved mushrooms from the PRC. We
invited interested parties to comment on
the Preliminary Results. On April 5,
2017, the Department received a letter
in lieu of a case brief from Dezhou
Kaihang.3 No other parties submitted
case briefs or rebuttal briefs.
sradovich on DSK3GMQ082PROD with 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
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
1 See Certain Preserved Mushrooms from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2015–
2016, 82 FR 12564 (March 6, 2017) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Preserved
Mushrooms from the People’s Republic of China, 64
FR 8308 (February 19, 1999) (Order).
3 See Dezhou Kaihang Agricultural Science
Technology Co., Ltd.’s Letter Brief in the
Administrative Review of Certain Preserved
Mushrooms from the People’s Republic of China
submitted April 5, 2017.
VerDate Sep<11>2014
17:53 Jun 30, 2017
Jkt 241001
purposes, the written description of the
scope of this order is dispositive.4
Analysis of Comments Received
We addressed the comments received
by Dezhou Kaihang in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is appended to
this notice. 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 https://access.trade.gov and it is
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that
Zhangzhou Hongda Import & Export
Trading Co., Ltd. (Hongda) and
Zhangzhou Gangchang Canned Foods
Co., Ltd. Fujian and Zhangzhou
Gangchang Canned Foods Co., Ltd
(collectively Gangchang) did not have
any reviewable entries during the POR.5
In particular, we found that Hongda and
Gangchang 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
Hongda and Gangchang and issue
appropriate instructions to CBP based
on the final results of the review.6 We
4 For a complete description of the scope of the
Order, see memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance from Gary Taverman Deputy Assistant
Secretary Antidumping and Countervailing Duty
Operations ‘‘Certain Preserved Mushrooms from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Results of
Administrative Review’’ (Issues and Decision
Memorandum), dated concurrently with this notice
and incorporated herein by reference.
5 See Preliminary Results, 82 FR at 12564–12565
6 Id.
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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
Hongda and Gangchang had no
reviewable entries of subject
merchandise during the POR.
Final Results of Review
The Department received no
comments disagreeing with the
methodology or analysis employed in
the Preliminary Results. Accordingly,
the Department continues to determine
that the following weighted-average
dumping margin exists in these final
results:
Exporter
Dezhou Kaihang Agricultural
Science Technology Co. Ltd ...
Weightedaverage
dumping
margin
(percent)
0.00
Additionally, in the Preliminary
Results, we determined that the second
mandatory respondent, Linyi City
Kangfa Foodstuff Drinkable Co., Ltd.
(Kangfa), failed to establish its eligibility
for a separate rate and preliminarily
determined to treat Kangfa as part of the
PRC-wide entity.7 We also preliminarily
found that the remaining 98 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.
No parties commented on this issue
following the Preliminary Results.
Therefore, in these final results, we
continue to determine that Kangfa and
the other 98 exporters are part of the
PRC-wide entity.8 Because no party
7 Id.,
at 12564.
that are subject to this
administrative review that are considered to be part
of the PRC-wide entity are: (1) Agrogentra & Co.,
Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd., (3)
Blue Field (Sichuan) Food Industrial Co., Ltd., (4)
Cargo Services (China) Limited, (5) Casia Global
Logistics Co., Ltd., (6) Changzhou Chen Rong-Da
Carpet Co., Ltd., (7) Chaoda Mushroom Co., Ltd., (8)
China National Cereals, Oil & Foodstuffs Import &
Export Corp., (9) China Processed Food Import &
Export Co., (10) Dalian New Century Food Co., Ltd.,
(11) DHL ISC (Hong Kong) Limited, (12) DSV Air
Sea Co., Ltd., (13) Dujiangyan Xingda Foodstuff Co.,
Ltd., (14) Ever Since Group Co., Ltd., (15) Fujian
Blue Lake Foods Co., Ltd., (16) Fujian Golden
Banyan Foodstuffs Industrial Co., Ltd., (17) Fujian
Haishan Foods Co., Ltd., (18) Fujian Pinghe Baofeng
Canned Foods, (19) Fujian Tongfa Foods Group Co.,
Ltd., (20) Fujian Yuxing Fruits and Vegetables
Foodstuffs Development Co., Ltd., (21) Fujian
Zishan Group Co., Ltd.,(22) Golden Banyan
Foodstuffs Industry Co., Ltd., (23) Guangxi
Eastwing Trading Co., Ltd., (24) Guangxi Hengyong
Industrial & Commerical Dev. Ltd., (25) Guangxi
Jisheng Foods, Inc., (26) Hangzhou Happy Green
Co., Ltd., (27) Hoa Mai Food Company Limited, (28)
Honour Lane Shipping Ltd., (29) Inter-Foods
8 Companies
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
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.9
sradovich on DSK3GMQ082PROD with NOTICES
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
(Dongshan) Co., Ltd., (30) Jeenhuat Foodstuffs
Industries Sdn. Bhd., (31) Jewell International
Corporation, (32) Jiangxi Cereals Oils Foodstuffs,
(33) Jin Feng Food Co., Ltd., (34) Joy Foods
(Zhangzhou) Co., Ltd., (35) Kuehne & Nagel Limited
Xiamen Branch, (36) LF Logistics Co., Ltd., (37)
Kangfa, (38) Linyi Yuqiao International Trade Co.,
Ltd., (39) Logistics THL Corp., (40) Longhai Guangfa
Food Co., Ltd, (41) Mikado Food China Co., Ltd.,
(42) Nam Phuong International Co., Ltd., (43) Nam
Tien Production & Export Co., Ltd., (44) Omni
Ringo Business Ltd., (45) OOCL Logistics Ltd., (46)
Orient Express Container Co., Ltd., (47) Paifu
Enterprise Corporation, (48) Panalpina World
Transport (PRC) Ltd., (49) Philippine Haofeng Food
Corporation, (50) Primera Harvest (Xiangfan) Co.,
Ltd., (51) PT. Apex Maritim Indonesia, (52) PT. Eka
Timur Raya (Etira Mushrooms), (53) PT. Suryajaya
Abadi Perkasa, (54) Pudong Prime International
Logistics Inc., (55) Seahorse Shipping Corporation,
(56) Shandong Fengyu Edible Fungus Corporation
Ltd., (57) Shandong Jiufa Edible Fungus
Corporation, Ltd., (58) Shandong Xinfa Agricultural
Science Corporation Ltd., (59) Shandong Yinfeng
Rare Fungus Corporation, Ltd., (60) Shanghai Best
Wholesome Economy & Trade Co., Ltd., (61)
Shenzhen Syntrans International Logistics Co., Ltd.,
(62) Shouguang Sunrise Industry & Commerce Co.,
Ltd., (63) Shundi Foods Co., Ltd. (64) Speedier
Logistics Co., Ltd., (65) Success Program
International Transport J. S.C., (66) Sun Mark
Industrial Corp., (67) Sun VN Transport Corp., (68)
Sun Wave Trading Co., Ltd., (69) Sun Wave &
Trading Co., Ltd., (70) Sunrise Food Industry &
Commerce, (71) Thuy Duong Transport and Trading
Service JSC, (72) Tianjin Fulida Supply Co., Ltd.,
(73) Woo Sun Food Factory Co., (74) Xiamen
Aukking Imp. & Exp. Co., Ltd., (75) Xiamen Carre
Food Co., Ltd., (76) Xiamen Choice Harvest Imp.,
(77) Xiamen Greenland Import & Export Co., Ltd.,
(78) Xiamen Gulong Imp. & Exp. Co., Ltd., (79)
Xiamen Gulong Import & Export Co., Ltd., (80)
Xiamen Huamin Import & Export Co., Ltd., (81)
Xiamen International Trade & Industrial Co., Ltd.,
(82) Xiamen Jiahua Import & Export Trading Co.,
Ltd., (83) Xiamen Lian Fang Industry Co., Ltd., (84)
Xiamen Longstar Lighting Co., Ltd., (85) Xiamen
Longhuai Import & Export Co., Ltd., (86) Xiamen
Sungiven Import & Export Co., Ltd., (87) Zhangzhou
Golden Banyan Foodstuffs Industrial Co., Ltd. (88)
Zhangzhou Long Mountain Foods Co., Ltd., (89)
Zhangzhou Longhai Minhui Industry & Trade Co.
Ltd., (90) Zhangzhou Tan Co. Ltd. Fujian, China,
(91) Zhangzhou Tan Co., Ltd., (92) Zhangzhou
Tongfa Foods Industry Co., Ltd., (93) Zhangzhou
Xiangcheng Rainbow & Greenland Food Co., Ltd.,
(94) Zhangzhou Yuxing Imp. & Exp. Trading Co.,
Ltd., (95) Zhangzhou Yuxing Import & Export
Trading Co., Ltd., (96) Zhejiang Jinhua Jinli
Mushroom Co., Ltd., (97) Zhejiang Iceman Food
Co., Ltd., (98) Zhejiang Iceman Group Co., Ltd., and
(99) Zhongshan Magic Foodstuff Co., Ltd.
9 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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17:53 Jun 30, 2017
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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. In these
final results, Dezhou Kaihang’s
weighted-average dumping margin is
zero. Accordingly, we will instruct CBP
to liquidate the entries reported by
Dezhou Kaihang without regard to
antidumping duties. The Department
also 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 non-market economy
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.10 Additionally, 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.11 As noted above,
the Department determines that Hongda
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 PRCwide 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 Dezhou Kaihang the cash deposit is
zero percent; (2) for previously
investigated or reviewed PRC and nonPRC 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 recentlycompleted period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
11 Id.
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30843
be that for the PRC-wide entity (i.e.,
308.33 percent); and (4) 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: June 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment: Whether the Department Should
Reaffirm the Preliminary Results With
Respect to Dezhou Kaihang
Recommendation
[FR Doc. 2017–13939 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30841-30843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13939]
-----------------------------------------------------------------------
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 and Final
Determination of No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 6, 2017, the Department of Commerce (the
[[Page 30842]]
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain preserved mushrooms
from the People's Republic of China (PRC) covering the period of review
(POR) February 1, 2015, through January 31, 2016. We invited interested
parties to comment on the preliminary results. We received comments
from Dezhou Kaihang Agricultural Science Technology Co., Ltd. (Dezhou
Kaihang) agreeing with the preliminary results. No other party
submitted comments. Accordingly, the final results remain unchanged
from the preliminary results.
DATES: Effective July 3, 2017.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-4475.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2017, the Department published the Preliminary Results
\1\ of the 2015-2016 administrative review of the antidumping duty
order \2\ on certain preserved mushrooms from the PRC. We invited
interested parties to comment on the Preliminary Results. On April 5,
2017, the Department received a letter in lieu of a case brief from
Dezhou Kaihang.\3\ No other parties submitted case briefs or rebuttal
briefs.
---------------------------------------------------------------------------
\1\ See Certain Preserved Mushrooms from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, and Preliminary Determination of No Shipments; 2015-2016, 82
FR 12564 (March 6, 2017) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Notice of Amendment of Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order: Certain Preserved
Mushrooms from the People's Republic of China, 64 FR 8308 (February
19, 1999) (Order).
\3\ See Dezhou Kaihang Agricultural Science Technology Co.,
Ltd.'s Letter Brief in the Administrative Review of Certain
Preserved Mushrooms from the People's Republic of China submitted
April 5, 2017.
---------------------------------------------------------------------------
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
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
memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance from Gary Taverman Deputy Assistant
Secretary Antidumping and Countervailing Duty Operations ``Certain
Preserved Mushrooms from the People's Republic of China: Issues and
Decision Memorandum for the Final Results of Administrative Review''
(Issues and Decision Memorandum), dated concurrently with this
notice and incorporated herein by reference.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed the comments received by Dezhou Kaihang in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is appended to this notice. 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 https://access.trade.gov and it is available to all
parties in the Central Records Unit, Room B-8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Hongda) and
Zhangzhou Gangchang Canned Foods Co., Ltd. Fujian and Zhangzhou
Gangchang Canned Foods Co., Ltd (collectively Gangchang) did not have
any reviewable entries during the POR.\5\ In particular, we found that
Hongda and Gangchang 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.
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\5\ See Preliminary Results, 82 FR at 12564-12565
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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 Hongda and Gangchang and issue
appropriate instructions to CBP based on the final results of the
review.\6\ 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 Hongda and Gangchang had no reviewable
entries of subject merchandise during the POR.
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\6\ Id.
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Final Results of Review
The Department received no comments disagreeing with the
methodology or analysis employed in the Preliminary Results.
Accordingly, the Department continues to determine that the following
weighted-average dumping margin exists in these final results:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dezhou Kaihang Agricultural Science Technology Co. Ltd..... 0.00
------------------------------------------------------------------------
Additionally, in the Preliminary Results, we determined that the
second mandatory respondent, Linyi City Kangfa Foodstuff Drinkable Co.,
Ltd. (Kangfa), failed to establish its eligibility for a separate rate
and preliminarily determined to treat Kangfa as part of the
PRC[hyphen]wide entity.\7\ We also preliminarily found that the
remaining 98 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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\7\ Id., at 12564.
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No parties commented on this issue following the Preliminary
Results. Therefore, in these final results, we continue to determine
that Kangfa and the other 98 exporters are part of the PRC-wide
entity.\8\ Because no party
[[Page 30843]]
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.\9\
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\8\ Companies that are subject to this administrative review
that are considered to be part of the PRC-wide entity are: (1)
Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd.,
(3) Blue Field (Sichuan) Food Industrial Co., Ltd., (4) Cargo
Services (China) Limited, (5) Casia Global Logistics Co., Ltd., (6)
Changzhou Chen Rong-Da Carpet Co., Ltd., (7) Chaoda Mushroom Co.,
Ltd., (8) China National Cereals, Oil & Foodstuffs Import & Export
Corp., (9) China Processed Food Import & Export Co., (10) Dalian New
Century Food Co., Ltd., (11) DHL ISC (Hong Kong) Limited, (12) DSV
Air Sea Co., Ltd., (13) Dujiangyan Xingda Foodstuff Co., Ltd., (14)
Ever Since Group Co., Ltd., (15) Fujian Blue Lake Foods Co., Ltd.,
(16) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., (17)
Fujian Haishan Foods Co., Ltd., (18) Fujian Pinghe Baofeng Canned
Foods, (19) Fujian Tongfa Foods Group Co., Ltd., (20) Fujian Yuxing
Fruits and Vegetables Foodstuffs Development Co., Ltd., (21) Fujian
Zishan Group Co., Ltd.,(22) Golden Banyan Foodstuffs Industry Co.,
Ltd., (23) Guangxi Eastwing Trading Co., Ltd., (24) Guangxi Hengyong
Industrial & Commerical Dev. Ltd., (25) Guangxi Jisheng Foods, Inc.,
(26) Hangzhou Happy Green Co., Ltd., (27) Hoa Mai Food Company
Limited, (28) Honour Lane Shipping Ltd., (29) Inter-Foods (Dongshan)
Co., Ltd., (30) Jeenhuat Foodstuffs Industries Sdn. Bhd., (31)
Jewell International Corporation, (32) Jiangxi Cereals Oils
Foodstuffs, (33) Jin Feng Food Co., Ltd., (34) Joy Foods (Zhangzhou)
Co., Ltd., (35) Kuehne & Nagel Limited Xiamen Branch, (36) LF
Logistics Co., Ltd., (37) Kangfa, (38) Linyi Yuqiao International
Trade Co., Ltd., (39) Logistics THL Corp., (40) Longhai Guangfa Food
Co., Ltd, (41) Mikado Food China Co., Ltd., (42) Nam Phuong
International Co., Ltd., (43) Nam Tien Production & Export Co.,
Ltd., (44) Omni Ringo Business Ltd., (45) OOCL Logistics Ltd., (46)
Orient Express Container Co., Ltd., (47) Paifu Enterprise
Corporation, (48) Panalpina World Transport (PRC) Ltd., (49)
Philippine Haofeng Food Corporation, (50) Primera Harvest (Xiangfan)
Co., Ltd., (51) PT. Apex Maritim Indonesia, (52) PT. Eka Timur Raya
(Etira Mushrooms), (53) PT. Suryajaya Abadi Perkasa, (54) Pudong
Prime International Logistics Inc., (55) Seahorse Shipping
Corporation, (56) Shandong Fengyu Edible Fungus Corporation Ltd.,
(57) Shandong Jiufa Edible Fungus Corporation, Ltd., (58) Shandong
Xinfa Agricultural Science Corporation Ltd., (59) Shandong Yinfeng
Rare Fungus Corporation, Ltd., (60) Shanghai Best Wholesome Economy
& Trade Co., Ltd., (61) Shenzhen Syntrans International Logistics
Co., Ltd., (62) Shouguang Sunrise Industry & Commerce Co., Ltd.,
(63) Shundi Foods Co., Ltd. (64) Speedier Logistics Co., Ltd., (65)
Success Program International Transport J. S.C., (66) Sun Mark
Industrial Corp., (67) Sun VN Transport Corp., (68) Sun Wave Trading
Co., Ltd., (69) Sun Wave & Trading Co., Ltd., (70) Sunrise Food
Industry & Commerce, (71) Thuy Duong Transport and Trading Service
JSC, (72) Tianjin Fulida Supply Co., Ltd., (73) Woo Sun Food Factory
Co., (74) Xiamen Aukking Imp. & Exp. Co., Ltd., (75) Xiamen Carre
Food Co., Ltd., (76) Xiamen Choice Harvest Imp., (77) Xiamen
Greenland Import & Export Co., Ltd., (78) Xiamen Gulong Imp. & Exp.
Co., Ltd., (79) Xiamen Gulong Import & Export Co., Ltd., (80) Xiamen
Huamin Import & Export Co., Ltd., (81) Xiamen International Trade &
Industrial Co., Ltd., (82) Xiamen Jiahua Import & Export Trading
Co., Ltd., (83) Xiamen Lian Fang Industry Co., Ltd., (84) Xiamen
Longstar Lighting Co., Ltd., (85) Xiamen Longhuai Import & Export
Co., Ltd., (86) Xiamen Sungiven Import & Export Co., Ltd., (87)
Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (88)
Zhangzhou Long Mountain Foods Co., Ltd., (89) Zhangzhou Longhai
Minhui Industry & Trade Co. Ltd., (90) Zhangzhou Tan Co. Ltd.
Fujian, China, (91) Zhangzhou Tan Co., Ltd., (92) Zhangzhou Tongfa
Foods Industry Co., Ltd., (93) Zhangzhou Xiangcheng Rainbow &
Greenland Food Co., Ltd., (94) Zhangzhou Yuxing Imp. & Exp. Trading
Co., Ltd., (95) Zhangzhou Yuxing Import & Export Trading Co., Ltd.,
(96) Zhejiang Jinhua Jinli Mushroom Co., Ltd., (97) Zhejiang Iceman
Food Co., Ltd., (98) Zhejiang Iceman Group Co., Ltd., and (99)
Zhongshan Magic Foodstuff Co., Ltd.
\9\ 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. In these final results,
Dezhou Kaihang's weighted-average dumping margin is zero. Accordingly,
we will instruct CBP to liquidate the entries reported by Dezhou
Kaihang without regard to antidumping duties. The Department also
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 non-market economy
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate.\10\ Additionally, 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.\11\ As noted
above, the Department determines that Hongda 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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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\11\ Id.
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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 Dezhou Kaihang the cash deposit is zero percent; (2)
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; (3) for all PRC exporters of subject
merchandise 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 (4) 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: June 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment: Whether the Department Should Reaffirm the Preliminary
Results With Respect to Dezhou Kaihang
Recommendation
[FR Doc. 2017-13939 Filed 6-30-17; 8:45 am]
BILLING CODE 3510-DS-P
