80 FR 32352 - Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 109 (June 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 109 (June 8, 2015)
| Page Range | 32352-32353 | |
| FR Document | 2015-13979 |
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)] [Notices] [Pages 32352-32353] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13979] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-851] Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: June 8, 2015. SUMMARY: The Department of Commerce (the Department) published the Preliminary Results of the 2013/2014 new shipper review on January 22, 2015.\1\ This review covers one company, Dezhou Kaihang Agricultural Science Technology Co., Ltd. (Dezhou Kaihang). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculations for these final results. As a result of these changes, we find that Dezhou Kaihang did not make sales of subject merchandise at less than normal value. The period of review (POR) is February 1, 2013 through February 28, 2014.\2\ --------------------------------------------------------------------------- \1\ See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review; 2013/2014, 80 FR 3216 (January 22, 2015) (Preliminary Results). \2\ As noted in the Preliminary Results, the Department extended the review period for this new shipper review to capture the entry associated with the sale made by Dezhou Kaihang during the POR. See 19 CFR 351.214(f)(2)(ii). FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- --------------------------------------------------------------------------- 4475 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on January 22, 2015.\3\ On March 13, 2015, the Department extended the deadline for issuing the final results by 60 days.\4\ On February 23, 2015, Dezhou Kaihang submitted its case brief.\5\ On March 19, 2015, petitioner Monterey Mushrooms submitted a rebuttal brief.\6\ --------------------------------------------------------------------------- \3\ See Preliminary Results. \4\ See Memorandum dated March 13, 2015 from Michael J. Heaney to Christian Marsh Re: Certain Preserved Mushrooms from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty New Shipper Review: 2013-2014. \5\ See February 23, 2015 letter from Dezhou Kaihang to Secretary of Commerce Re: Certain Preserved Mushrooms from the People's Republic of China; Submission of Case Brief. \6\ See March 19, 2015 letter from Monterey Mushrooms to Secretary of Commerce from Monterey Mushrooms. --------------------------------------------------------------------------- Scope of the Order The products covered by this antidumping 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.\7\ --------------------------------------------------------------------------- \7\ For a complete description of the scope of the order, see ``Certain Preserved Mushrooms from the People's Republic of China: Issues and Decision Memorandum for the Final Results in the 2013/ 2014 New Shipper Review'' dated June 1, 2015 (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building, as well as 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 in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our review of the comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we have revised the margin calculation for [[Page 32353]] Dezhou Kaihang. The analysis memorandum for Dezhou Kaihang contains further explanation of the margin calculations utilized in the final results.\8\ --------------------------------------------------------------------------- \8\ See Memorandum to the File from Michael J. Heaney ``Analysis of Data Submitted by Dezhou Kaihang Agricultural Science Technology Co., Ltd (Dezhou Kaihang) in the Final Results of New Shipper Review of the Antidumping Duty Order on Certain Preserved Mushrooms from the People's Republic of China (PRC)'' dated June 1, 2015 (Dezhou Kaihang Final Analysis Memorandum). --------------------------------------------------------------------------- Final Results of Review The weighted average dumping margin for the final results of this review for the period February 1, 2013 through February 28, 2014 and for the following exporter/producer combination is as follows: ------------------------------------------------------------------------ Weighted- average Exporter Producer dumping margin (percent) ------------------------------------------------------------------------ Dezhou Kaihang Agricultural Shandong Fengyu Edible 0.00 Science Technology Co., Ltd. Fungus Co., Ltd. ------------------------------------------------------------------------ Disclosure The Department intends to disclose calculations performed for these final results to the parties within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). 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 will determine, 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. For assessment purposes, because Dezhou Kaihang's margin is zero, we will instruct CBP to liquidate the entry covered in this new shipper review without regard to antidumping duties. On October 24, 2011, the Department announced a refinement to its assessment practice in non-market economy cases. \9\ Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by Dezhou Kaihang during this review, the Department will instruct CBP to liquidate at the PRC-wide rate. --------------------------------------------------------------------------- \9\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise produced by Shandong Fengyu Edible Fungus Co., Ltd. and exported by Dezhou Kaihang, no cash deposit rate will be required since the rate established in the Final Results of Review section of this notice is zero; (2) for subject merchandise exported by Dezhou Kaihang but not produced by Shandong Fengyu Edible Fungus Co., Ltd., the cash deposit rate will be that for the PRC-wide entity (i.e., 308.33 percent); and (3) for subject merchandise produced by Shandong Fengyu Edible Fungus Co., Ltd. but not exported by Dezhou Kaihang, the cash deposit rate will be the rate applicable to that 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 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(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)(2)(B) and 777(i) of the Act. Dated: June 1, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Accompanying Issues and Decision Memorandum Summary Background Scope of the Order Discussion Of Issues Comment 1 Metal Cans Comment 2 Coal Comment 3 Labor Cost Comment 4 Surrogate Financial Ratios Recommendation [FR Doc. 2015-13979 Filed 6-5-15; 8:45 am] BILLING CODE 3510-DS-P
![32352 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices
and (4) for all non-PRC exporters of 26. Recommendation February 23, 2015, Dezhou Kaihang
subject merchandise which have not [FR Doc. 2015–13967 Filed 6–5–15; 8:45 am] submitted its case brief.5 On March 19,
received their own rate, the cash deposit BILLING CODE 3510–DS–P 2015, petitioner Monterey Mushrooms
rate will be the rate applicable to the submitted a rebuttal brief.6
PRC exporter that supplied that non-
Scope of the Order
PRC exporter. DEPARTMENT OF COMMERCE
These cash deposit requirements, The products covered by this
when imposed, shall remain in effect International Trade Administration antidumping order are certain preserved
until further notice. mushrooms, whether imported whole,
[A–570–851]
sliced, diced, or as stems and pieces.
Notification to Importers The merchandise subject to this order is
Certain Preserved Mushrooms From
This notice also serves as a the People’s Republic of China: Final classifiable under subheadings:
preliminary reminder to importers of Results of Antidumping Duty New 2003.10.0127, 2003.10.0131,
their responsibility under 19 CFR Shipper Review; 2013–2014 2003.10.0137, 2003.10.0143,
351.402(f)(2) to file a certificate 2003.10.0147, 2003.10.0153, and
regarding the reimbursement of AGENCY: Enforcement and Compliance, 0711.51.0000 of the Harmonized Tariff
antidumping duties prior to liquidation International Trade Administration, Schedule of the United States (HTSUS).
of the relevant entries during this Department of Commerce. Although the HTSUS subheadings are
review period. Failure to comply with DATES: Effective Date: June 8, 2015. provided for convenience and customs
this requirement could result in the purposes, the written description of the
SUMMARY: The Department of Commerce
Department’s presumption that scope of this order is dispositive.7
(the Department) published the
reimbursement of antidumping duties Preliminary Results of the 2013/2014 Analysis of Comments Received
occurred and the subsequent assessment new shipper review on January 22,
of double antidumping duties. All issues raised in the case and
2015.1 This review covers one company, rebuttal briefs by parties in this review
Notification to Interested Parties Dezhou Kaihang Agricultural Science are addressed in the Issues and Decision
We are issuing and publishing notice Technology Co., Ltd. (Dezhou Kaihang). Memorandum. A list of the issues which
of these preliminary results in We gave interested parties an parties raised is attached to this notice
accordance with sections 751(a)(1) and opportunity to comment on the as an appendix. The Issues and Decision
777(i)(1) of the Act and 19 CFR Preliminary Results. Based upon our Memorandum is a public document and
351.221(b)(4). analysis of the comments received, we is on file in the Central Records Unit
made changes to the margin calculations (CRU), Room 7046 of the main
Dated: June 1, 2015. for these final results. As a result of Department of Commerce building, as
Ronald K. Lorentzen, these changes, we find that Dezhou well as electronically via Enforcement
Acting Assistant Secretary for Enforcement Kaihang did not make sales of subject and Compliance’s Antidumping and
and Compliance. merchandise at less than normal value. Countervailing Duty Centralized
Appendix The period of review (POR) is February Electronic Service System (ACCESS).
1, 2013 through February 28, 2014.2 ACCESS is available to registered users
List of Topics Discussed in the Preliminary
Decision Memorandum FOR FURTHER INFORMATION CONTACT: at https://access.trade.gov and in the
Michael J. Heaney or Robert James, CRU. In addition, a complete version of
1. Summary
2. Background AD/CVD Operations, Office VI, the Issues and Decision Memorandum
3. Respondent Selection Enforcement and Compliance, can be accessed directly on the internet
4. Scope of the Order International Trade Administration, at http://enforcement.trade.gov/frn/
5. Affiliation and Collapsing U.S. Department of Commerce, 14th index.html. The signed Issues and
6. Preliminary Determination of No Street and Constitution Avenue NW., Decision Memorandum and electronic
Shipments Washington, DC 20230; telephone: (202) versions of the Issues and Decision
7. Non-Market Economy Country 482–4475 or (202) 482–0649, Memorandum are identical in content.
8. Separate Rates
9. Separate-Rate Recipients
respectively. Changes Since the Preliminary Results
10. Rate for Separate-Rate Recipients SUPPLEMENTARY INFORMATION: Based on our review of the comments
11. The PRC-Wide Entity
12. Application of Facts Available and Use of Background received from interested parties
Adverse Inference regarding our Preliminary Results, and
The Department published the for the reasons explained in the Issues
13. Surrogate Country and Surrogate Value
Preliminary Results on January 22, and Decision Memorandum, we have
Data
14. Surrogate Country 2015.3 On March 13, 2015, the revised the margin calculation for
15. Economic Comparability Department extended the deadline for
16. Significant Producers of Identical or issuing the final results by 60 days.4 On of China: Extension of Deadline for Final Results of
Comparable Merchandise Antidumping Duty New Shipper Review: 2013–
17. Data Availability 1 See Certain Preserved Mushrooms From the 2014.
18. Date of Sale People’s Republic of China: Preliminary Results of 5 See February 23, 2015 letter from Dezhou
19. Comparisons to Normal Value Antidumping Duty New Shipper Review; 2013/ Kaihang to Secretary of Commerce Re: Certain
A. Determination of Comparison Method 2014, 80 FR 3216 (January 22, 2015) (Preliminary Preserved Mushrooms from the People’s Republic
Results). of China; Submission of Case Brief.
mstockstill on DSK4VPTVN1PROD with NOTICES
B. Results of the Differential Pricing 2 As noted in the Preliminary Results, the 6 See March 19, 2015 letter from Monterey
Analysis
Department extended the review period for this Mushrooms to Secretary of Commerce from
20. Export Price new shipper review to capture the entry associated Monterey Mushrooms.
21. Value-Added Tax with the sale made by Dezhou Kaihang during the 7 For a complete description of the scope of the
22. Normal Value POR. See 19 CFR 351.214(f)(2)(ii). order, see ‘‘Certain Preserved Mushrooms from the
23. Factor Valuations 3 See Preliminary Results.
People’s Republic of China: Issues and Decision
24. Adjustments for Countervailable 4 See Memorandum dated March 13, 2015 from Memorandum for the Final Results in the 2013/
Subsidies Michael J. Heaney to Christian Marsh Re: Certain 2014 New Shipper Review’’ dated June 1, 2015
25. Currency Conversion Preserved Mushrooms from the People’s Republic (Issues and Decision Memorandum).
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![Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices 32353
Dezhou Kaihang. The analysis Final Results of Review through February 28, 2014 and for the
memorandum for Dezhou Kaihang following exporter/producer
contains further explanation of the The weighted average dumping combination is as follows:
margin calculations utilized in the final margin for the final results of this
results.8 review for the period February 1, 2013
Weighted-
average
Exporter Producer dumping
margin
(percent)
Dezhou Kaihang Agricultural Science Technology Co., Ltd ...... Shandong Fengyu Edible Fungus Co., Ltd ............................... 0.00
Disclosure for subject merchandise exported by Dated: June 1, 2015.
The Department intends to disclose Dezhou Kaihang but not produced by Ronald K. Lorentzen,
calculations performed for these final Shandong Fengyu Edible Fungus Co., Acting Assistant Secretary for Enforcement
results to the parties within five days of Ltd., the cash deposit rate will be that and Compliance.
the date of publication of this notice, in for the PRC-wide entity (i.e., 308.33
List of Topics Discussed in the
accordance with 19 CFR 351.224(b). percent); and (3) for subject
Accompanying Issues and Decision
merchandise produced by Shandong
Assessment Rates Memorandum
Fengyu Edible Fungus Co., Ltd. but not
Pursuant to section 751(a)(2)(C) of the exported by Dezhou Kaihang, the cash Summary
Tariff Act of 1930 as amended (the Act) deposit rate will be the rate applicable Background
to that exporter. These cash deposit Scope of the Order
and 19 CFR 351.212(b), the Department Discussion Of Issues
will determine, and CBP shall assess, requirements, when imposed, shall Comment 1 Metal Cans
antidumping duties on all appropriate remain in effect until further notice. Comment 2 Coal
entries of subject merchandise covered Notification to Importers Comment 3 Labor Cost
by this review. The Department intends Comment 4 Surrogate Financial Ratios
to issue assessment instructions to CBP This notice serves as a final reminder Recommendation
15 days after the date of publication of to importers of their responsibility [FR Doc. 2015–13979 Filed 6–5–15; 8:45 am]
these final results of review. under 19 CFR 351.402(f)(2) to file a BILLING CODE 3510–DS–P
For assessment purposes, because certificate regarding the reimbursement
Dezhou Kaihang’s margin is zero, we of antidumping duties prior to
will instruct CBP to liquidate the entry liquidation of the relevant entries DEPARTMENT OF COMMERCE
covered in this new shipper review during this POR. Failure to comply with
without regard to antidumping duties. this requirement could result in the International Trade Administration
On October 24, 2011, the Department Department’s presumption that
[A–570–937]
announced a refinement to its reimbursement of antidumping duties
assessment practice in non-market occurred and the subsequent assessment Citric Acid and Certain Citrate Salts
economy cases. 9 Pursuant to this of double antidumping duties. From the People’s Republic of China:
refinement in practice, for entries that Notification Regarding Administrative Preliminary Results of Antidumping
were not reported in the U.S. sales Protective Order Duty Administrative Review; 2013–
databases submitted by Dezhou Kaihang 2014
during this review, the Department will This notice also serves as the only
instruct CBP to liquidate at the PRC- reminder to parties subject to AGENCY: Enforcement and Compliance,
wide rate. administrative protective order (APO) of International Trade Administration,
their responsibility concerning the Department of Commerce.
Cash Deposit Requirements return or destruction of proprietary SUMMARY: The Department of Commerce
The following cash deposit information disclosed under APO in (‘‘the Department’’) is conducting the
requirements will be effective upon accordance with 19 CFR 351.305(a)(3), fifth administrative review (‘‘AR’’) of the
publication of the final results of this which continues to govern business antidumping duty order on citric acid
new shipper review for shipments of the proprietary information in this segment and certain citrate salts (‘‘citric acid’’)
subject merchandise from the PRC of the proceeding. Timely written from the People’s Republic of China
entered, or withdrawn from warehouse, notification of the return or destruction (‘‘PRC’’). The review covers three
for consumption on or after the of APO materials, or conversion to companies, RZBC Co., Ltd., RZBC
publication date, as provided by section judicial protective order, is hereby Import & Export Co., Ltd., and RZBC
751(a)(2)(C) of the Act: (1) For subject requested. Failure to comply with the (Juxian) Co., Ltd. (collectively, ‘‘RZBC’’),
merchandise produced by Shandong regulations and terms of an APO is a Laiwu Taihe Biochemistry Co., Ltd.
Fengyu Edible Fungus Co., Ltd. and sanctionable violation. (‘‘Taihe’’), and Yixing Union
exported by Dezhou Kaihang, no cash We are issuing and publishing these Biochemical Ltd. (‘‘Yixing Union’’). The
mstockstill on DSK4VPTVN1PROD with NOTICES
deposit rate will be required since the results and this notice in accordance period of review (‘‘POR’’) for the AR is
rate established in the Final Results of with sections 751(a)(2)(B) and 777(i) of May 1, 2013, through April 30, 2014.
Review section of this notice is zero; (2) the Act. We preliminarily determine that Yixing
8 See Memorandum to the File from Michael J. Shipper Review of the Antidumping Duty Order on 9 See Non-Market Economy Antidumping
Heaney ‘‘Analysis of Data Submitted by Dezhou Certain Preserved Mushrooms from the People’s Proceedings: Assessment of Antidumping Duties, 76
Kaihang Agricultural Science Technology Co., Ltd Republic of China (PRC)’’ dated June 1, 2015 FR 65694 (October 24, 2011).
(Dezhou Kaihang) in the Final Results of New (Dezhou Kaihang Final Analysis Memorandum).
VerDate Sep<11>2014 17:09 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1](https://thefederalregister.org/doc/80_FR_32461/page/2.svg)
Document Created: 2018-02-22 10:12:33
Document Modified: 2018-02-22 10:12:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: June 8, 2015. | |
| Contact | Michael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- | |
| FR Citation | 80 FR 32352 |
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