80_FR_32464 80 FR 32355 - Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review

80 FR 32355 - Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 109 (June 8, 2015)

Page Range32355-32357
FR Document2015-13975

The Department of Commerce (the Department) published the Preliminary Results of the 2013/2014 administrative review on December 3, 2014.\1\ 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. The final dumping margins are listed below in the ``Final Results of Review'' section of this notice. The period of review (POR) is February 1, 2013 through January 31, 2014. The review covers two mandatory respondents, Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) and Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 109 (Monday, June 8, 2015)
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32355-32357]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13975]


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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; 2013-2014; and 
Partial Rescission of Review

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 administrative review on December 
3, 2014.\1\ 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. The 
final dumping margins are listed below in the ``Final Results of 
Review'' section of this notice. The period of review (POR) is February 
1, 2013 through January 31, 2014. The review covers two mandatory 
respondents, Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) and 
Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa).
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013/2014, 79 FR 71746 (December 3, 2014) (Preliminary 
Results).

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 December 3, 
2014.\2\ On March 13, 2015, the Department extended the deadline for 
issuing the final results by 60 days, until June 1, 2015.\3\ On January 
9, 2015, Gangchang and Kangfa submitted a joint case brief.\4\ On 
January 21, 2015,

[[Page 32356]]

petitioner Monterey Mushrooms submitted a rebuttal brief.\5\
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    \2\ See Preliminary Results.
    \3\ 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 Administrative Review: 2013-2014.
    \4\ See January 9, 2015 letter from Gangchang and Kangfa to 
Secretary of Commerce Re: Certain Preserved Mushrooms from the 
People's Republic of China; Submission of Respondents' Case Brief 
(Respondents Case Brief).
    \5\ See January 21, 2015 letter from Monterey Mushrooms to 
Secretary of Commerce from Monterey Mushrooms (Petitioner's Rebuttal 
Brief).
---------------------------------------------------------------------------

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.\6\
---------------------------------------------------------------------------

    \6\ 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 Administrative Review,'' dated June 1, 2015 (Issues and 
Decision Memorandum) at 2.
---------------------------------------------------------------------------

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 both Gangchang and Kangfa. The respective 
analysis memoranda for Gangchang and Kangfa contain further explanation 
of the margin calculations utilized in the final results.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum to the File from Michael J. Heaney ``Analysis 
of Data Submitted by Zhangzhou Gangchang Canned Foods Co., Ltd. 
(Gangchang) in the Final Results of Administrative Review of the 
Antidumping Duty Order on Certain Preserved Mushrooms from the 
People's Republic of China (PRC)'' dated June 2, 2015 at 2 
(Gangchang Final Analysis Memorandum); see also Memorandum to the 
File from Michael J. Heaney ``Analysis of Data Submitted by Linyi 
City Kangfa Foodstuff Drinkable Co., Ltd. in the Final Results of 
Administrative Review of the Antidumping Duty Order on Certain 
Preserved Mushrooms from the People's Republic of China (PRC)'' 
dated June 2, 2015 (Kangfa Final Analysis Memorandum) at 2.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we determined that Xiamen International 
Trade & Industrial Co., Ltd. (XITIC) and Zhangzhou Hongda Import & 
Export Trading Co., Ltd. (Zhangzhou Hongda) did not have any reviewable 
entries during the POR because both XITIC and Zhangzhou Hongda 
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 XITIC or Zhangzhou Hongda 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 XITIC and Zhangzhou Hongda and 
issue appropriate instructions to CBP based on the final results of the 
review.\8\ 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 XITIC and Zhangzhou Hongda had no reviewable 
entries of subject merchandise during the POR.
---------------------------------------------------------------------------

    \8\ See Preliminary Results, 79 FR at 71747.
---------------------------------------------------------------------------

Final Results of Review and Partial Rescission of Review

    In our Preliminary Results, we found that 48 companies subject to 
this review did not establish their eligibility for a separate rate and 
that they were, thus, part of the PRC-wide entity. In these final 
results, we continue to determine that 47 of these companies are part 
of the PRC-wide entity.\9\ Because no party requested a review of the 
PRC-wide entity and the Department no longer considers the PRC-wide 
entity as an exporter conditionally subject to administrative reviews, 
we did not conduct a review of the PRC-wide entity and the entity's 
rate is not subject to change. Finally, we note that one of the 
companies determined to be a part of the PRC-wide entity in our 
Preliminary Results, Dezhou Kaihang Agricultural Science Technology 
Co., Ltd. (Dezhou Kaihang), is a respondent in a new shipper review 
covering the period February 1, 2013 through February 28, 2014, the 
final results of which are being issued concurrent with these final 
results. Because the new shipper review encompasses the entire POR of 
the administrative review, Dezhou Kaihang's sole sale during the POR is 
covered by the new shipper review and, therefore there is no reviewable 
entry subject to this administrative review.\10\ Accordingly, we are 
rescinding this administrative review with respect to Dezhou Kaihang.
---------------------------------------------------------------------------

    \9\ These 47 exporters are: (1)Ayecue (Liaocheng) Foodstuff Co., 
Ltd., (2) Blue Field (Sichuan) Food Industrial Co., Ltd., (3) China 
National Cereals, Oils & Foodstuffs Import & Export Corp., (4) China 
Processed Food Import & Export Co., (5) Dalian J&N Foods Co., Ltd., 
(6) Dujiangyan Xingda Foodstuff Co., Ltd., (7) Fujian Dongshan 
Changlong Trade Co., Ltd., (8) Fujian Golden Banyan Foodstuffs 
Industrial Co., Ltd., (9) Fujian Haishan Foods Co., Ltd., (10) 
Fujian Pinghe Baofeng Canned Foods, (11) Fujian Tongfa Foods Group 
Co., Ltd., (12) Fuzhou Sunshine Imp. & Exp. Co., Ltd., (13) Fujian 
Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd., (14) 
Fujian Zishan Group Co., Ltd., (15) Golden Banyan Foodstuffs Co., 
Ltd., (16) Guangxi Eastwing Trading Co., Ltd., (17) Guangxi Hengyong 
Industrial & Commercial Dev. Ltd., (18) Guangxi Jisheng Foods, Inc., 
(19) Inter-Foods (Dongshan) Co., Ltd., (20) Longhai Guangfa Food 
Co., Ltd., (21) Longhai Jiasheng Food Co., Ltd., (22) Primera 
Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned Foods Co., Ltd., 
(24) Shandong Fengyu Edible Fungus Corporation Ltd., (25) Shandong 
Jiufa Edible Fungus Corporation, Ltd., (26) Shandong Yinfeng Rare 
Fungus Corporation, Ltd., (27) Synehon (Xiamen) Trading Co., Ltd., 
(28) Sun Wave Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd., 
(30) Xiamen Choice Harvest Imp., (31) Xiamen Greenland Import & 
Export Co., Ltd., (32) Xiamen Gulong Import & Export Co., Ltd., (33) 
Xiamen Gulong Import Export Co. Ltd., (34) Xiamen Jiahua Import & 
Export Trading Co., Ltd., (35) Xiamen Longhuai Import & Export Co., 
Ltd., (36) Xiamen Sungiven Import & Export Co., Ltd., (37) Xiamen 
Yubang Import Export Trading Co. Ltd., (38) Zhangzhou Golden Banyan 
Foodstuffs Industrial Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp. 
Trade Co., Ltd., (40) Zhangzhou Long Mountain Foods Co., Ltd., (41) 
Zhangzhou Tan Co., Ltd., (42) Zhangzhou Tianbaolong Food Co., Ltd., 
(43) Zhangzhou Tongfa Foods Industry Co., Ltd., (44) Zhangzhou 
Yuxing Imp. & Exp. Trading Co., Ltd., (45) Zhangzhou Xiangcheng 
Rainbow & Greenland Food Co., Ltd., (46) Zhejiang Iceman Food Co., 
Ltd., and (47) Zhejiang Iceman Group Co., Ltd.
    \10\ 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) and Accompanying 
Decision Memorandum at 1 (unchanged in final). We further note that 
Dezhou Kaihang's entry entered subsequent to the commencement of the 
AR. Id.
---------------------------------------------------------------------------

    For the companies subject to this review that established their 
eligibility for a separate rate, the weighted average dumping margins 
for the final results of this review for the POR are as follows:

[[Page 32357]]



------------------------------------------------------------------------
                                                               Weighted
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Linyi City Kangfa Foodstuff Drinkable Co., Ltd..............       75.67
Zhangzhou Gangchang Canned Foods Co., Ltd...................       99.71
------------------------------------------------------------------------

Disclosure

    The Department will 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, for both Gangchang and Kangfa, we will 
instruct CBP to liquidate based upon a per-unit, importer-specific, 
assessment rate. This per-unit assessment rate is based on the ratio of 
the total amount of dumping calculated for the importer's examined 
sales to the total entered quantity of those same sales.\11\ For the 47 
companies identified above as being part of the PRC-wide entity, any 
entries will be assessed at the PRC-wide rate.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy cases.\12\ Pursuant to this 
refinement in 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 at the PRC-
wide rate. In addition, 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.
---------------------------------------------------------------------------

    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

    As noted above, the Department determines that XITIC and Zhangzhou 
Hongda did not have any reviewable transactions during the POR. As a 
result, any suspended entries that entered under these exporters' case 
numbers will be liquidated at the PRC-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) For the exporters listed above, the cash deposit rate will 
be the rate established in the final results of this review; (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); \13\ 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.
---------------------------------------------------------------------------

    \13\ In the Preliminary Results, we inadvertently identified the 
rate applicable to the PRC-wide entity as 303.80 percent. We have 
corrected that error in these final results to reflect the correct 
rate of 308.33 percent. See Certain Preserved Mushrooms From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 12150, 12152 (March 4, 
2014).
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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 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 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 Land Rent
    Comment 2 Well Water and Casing Soil
    Comment 3 Labor Cost
    Comment 4 Glass Jars and Metal Caps
    Comment 5 Compost Offset
    Comment 6 Surrogate Financial Ratios
Recommendation

[FR Doc. 2015-13975 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                  Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices                                                      32355

                                                    The Department will issue the final                   merchandise from the PRC entered, or                   DEPARTMENT OF COMMERCE
                                                  results of this AR, which will include                  withdrawn from warehouse, for
                                                  the results of its analysis of issues raised            consumption on or after the publication                International Trade Administration
                                                  in any briefs received, within 120 days                 date, as provided by section 751(a)(2)(C)              [A–570–851]
                                                  of publication of these preliminary                     of the Act: (1) For the companies listed
                                                  results, pursuant to section 751(a)(3)(A)               above that have a separate rate, the cash              Certain Preserved Mushrooms From
                                                  of the Act, unless that time is extended.               deposit rate will be that rate established             the People’s Republic of China: Final
                                                                                                          in the final results of these reviews                  Results of Antidumping Duty
                                                  Assessment Rates
                                                                                                          (except, if the rate is zero or de minimis,            Administrative Review; 2013–2014; and
                                                     Upon issuing the final results of this               then a zero cash deposit will be                       Partial Rescission of Review
                                                  review, the Department will determine,                  required); (2) for previously investigated
                                                  and CBP shall assess, antidumping                       or reviewed PRC and non-PRC exporters                  AGENCY:  Enforcement and Compliance,
                                                  duties on all appropriate entries.7 The                 listed above that received a separate rate             International Trade Administration,
                                                  Department intends to issue assessment                  in a prior segment of this proceeding,                 Department of Commerce.
                                                  instructions to CBP 15 days after the                   the cash deposit rate will continue to be              DATES: Effective Date: June 8, 2015.
                                                  publication date of the final results of                the existing exporter-specific rate; (3) for           SUMMARY: The Department of Commerce
                                                  this review.                                            all PRC exporters of subject                           (the Department) published the
                                                     For each individually examined                       merchandise that have not been found                   Preliminary Results of the 2013/2014
                                                  respondent in this review whose                         to be entitled to a separate rate, the cash            administrative review on December 3,
                                                  weighted-average dumping margin is                      deposit rate will be the rate for the PRC-             2014.1 We gave interested parties an
                                                  above de minimis (i.e., 0.5 percent) in                 wide entity; and (4) for all non-PRC                   opportunity to comment on the
                                                  the final results of this review, the                   exporters of subject merchandise which                 Preliminary Results. Based upon our
                                                  Department will calculate importer-                     have not received their own rate, the                  analysis of the comments received, we
                                                  specific assessment rates on the basis of               cash deposit rate will be the rate                     made changes to the margin calculations
                                                  the ratio of the total amount of dumping                applicable to the PRC exporter that                    for these final results. The final
                                                  calculated for the importer’s examined                  supplied that non-PRC exporter.                        dumping margins are listed below in the
                                                  sales to the total entered value of those                  These deposit requirements, when                    ‘‘Final Results of Review’’ section of this
                                                  sales, in accordance with 19 CFR                        imposed, shall remain in effect until                  notice. The period of review (POR) is
                                                  351.212(b)(1).8 Where an importer- (or                  further notice.                                        February 1, 2013 through January 31,
                                                  customer-) specific ad valorem rate is                                                                         2014. The review covers two mandatory
                                                                                                          Notification to Importers
                                                  greater than de minimis, the Department                                                                        respondents, Zhangzhou Gangchang
                                                  will instruct CBP to collect the                          This notice also serves as a                         Canned Foods Co., Ltd. (Gangchang)
                                                  appropriate duties at the time of                       preliminary reminder to importers of                   and Linyi City Kangfa Foodstuff
                                                  liquidation.9 Where either a                            their responsibility under 19 CFR                      Drinkable Co., Ltd. (Kangfa).
                                                  respondent’s weighted average dumping                   351.402(f)(2) to file a certificate                    FOR FURTHER INFORMATION CONTACT:
                                                  margin is zero or de minimis, or an                     regarding the reimbursement of                         Michael J. Heaney or Robert James, AD/
                                                  importer- (or customer-) specific ad                    antidumping duties prior to liquidation                CVD Operations, Office VI, Enforcement
                                                  valorem dumping margin is zero or de                    of the relevant entries during this                    and Compliance, International Trade
                                                  minimis, the Department will instruct                   review period. Failure to comply with                  Administration, U.S. Department of
                                                  CBP to liquidate appropriate entries                    this requirement could result in the                   Commerce, 14th Street and Constitution
                                                  without regard to antidumping duties.10                 Department’s presumption that                          Avenue NW., Washington, DC 20230;
                                                     For entries that were not reported in                reimbursement of antidumping duties                    telephone: (202) 482–4475 or (202) 482–
                                                  the U.S. sales database submitted by an                 occurred and the subsequent assessment                 0649, respectively.
                                                  exporter individually examined during                   of double antidumping duties.                          SUPPLEMENTARY INFORMATION:
                                                  this review, the Department will                          We are issuing and publishing these
                                                  instruct CBP to liquidate such entries at               results in accordance with sections                    Background
                                                  the PRC-wide rate. Additionally, if the                 751(a)(1) and 777(i)(1) of the Act and 19                 The Department published the
                                                  Department determines that an exporter                  CFR 351.213.                                           Preliminary Results on December 3,
                                                  under review had no shipments of the                      Dated: June 1, 2015.                                 2014.2 On March 13, 2015, the
                                                  subject merchandise, any suspended                      Ronald K. Lorentzen,                                   Department extended the deadline for
                                                  entries that entered under that                         Acting Assistant Secretary for Enforcement             issuing the final results by 60 days, until
                                                  exporter’s case number will be                          and Compliance.                                        June 1, 2015.3 On January 9, 2015,
                                                  liquidated at the PRC-wide rate.                                                                               Gangchang and Kangfa submitted a joint
                                                                                                          Appendix
                                                  Cash Deposit Requirements                                                                                      case brief.4 On January 21, 2015,
                                                                                                          List of Topics Discussed in the Preliminary
                                                    The following cash deposit                            Decision Memorandum                                      1 See Certain Preserved Mushrooms From the

                                                  requirements will be effective upon                     Summary                                                People’s Republic of China: Preliminary Results of
                                                  publication of the final results of this                                                                       Antidumping Duty Administrative Review; 2013/
                                                                                                          Background
                                                                                                                                                                 2014, 79 FR 71746 (December 3, 2014) (Preliminary
                                                  review for shipments of the subject                     Scope of the Order                                     Results).
                                                                                                          Discussion of the Methodology                            2 See Preliminary Results.
                                                    7 See  19 CFR 351.212(b).                               Preliminary Determination of No                        3 See Memorandum dated March 13, 2015 from
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    8 In these preliminary results, the Department             Shipments                                         Michael J. Heaney to Christian Marsh Re: Certain
                                                  applied the assessment rate calculation method            Non-Market Economy Country Status                    Preserved Mushrooms from the People’s Republic
                                                  adopted in Antidumping Proceedings: Calculation           Separate Rates                                       of China: Extension of Deadline for Final Results of
                                                  of the Weighted-Average Dumping Margin and                Surrogate Country                                    Antidumping Duty Administrative Review: 2013–
                                                  Assessment Rate in Certain Antidumping                  Use of Facts Otherwise Available                       2014.
                                                  Proceedings: Final Modification, 77 FR 8101             Conclusion                                               4 See January 9, 2015 letter from Gangchang and
                                                  (February 14, 2012).                                                                                           Kangfa to Secretary of Commerce Re: Certain
                                                    9 See 19 CFR 351.212(b)(1).                           [FR Doc. 2015–13953 Filed 6–5–15; 8:45 am]             Preserved Mushrooms from the People’s Republic
                                                    10 See 19 CFR 351.212(b)(1).                          BILLING CODE 3510–DS–P                                                                            Continued




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                                                  32356                           Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices

                                                  petitioner Monterey Mushrooms                           the margin calculations utilized in the                  requested a review of the PRC-wide
                                                  submitted a rebuttal brief.5                            final results.7                                          entity and the Department no longer
                                                                                                          Final Determination of No Shipments                      considers the PRC-wide entity as an
                                                  Scope of the Order                                                                                               exporter conditionally subject to
                                                                                                            In the Preliminary Results, we                         administrative reviews, we did not
                                                     The products covered by this                         determined that Xiamen International
                                                  antidumping order are certain preserved                                                                          conduct a review of the PRC-wide entity
                                                                                                          Trade & Industrial Co., Ltd. (XITIC) and                 and the entity’s rate is not subject to
                                                  mushrooms, whether imported whole,                      Zhangzhou Hongda Import & Export
                                                  sliced, diced, or as stems and pieces.                                                                           change. Finally, we note that one of the
                                                                                                          Trading Co., Ltd. (Zhangzhou Hongda)                     companies determined to be a part of
                                                  The merchandise subject to this order is                did not have any reviewable entries
                                                  classifiable under subheadings:                                                                                  the PRC-wide entity in our Preliminary
                                                                                                          during the POR because both XITIC and                    Results, Dezhou Kaihang Agricultural
                                                  2003.10.0127, 2003.10.0131,                             Zhangzhou Hongda submitted timely                        Science Technology Co., Ltd. (Dezhou
                                                  2003.10.0137, 2003.10.0143,                             certifications of no shipments, entries,                 Kaihang), is a respondent in a new
                                                  2003.10.0147, 2003.10.0153, and                         or sales of subject merchandise during                   shipper review covering the period
                                                  0711.51.0000 of the Harmonized Tariff                   the POR and we did not receive any                       February 1, 2013 through February 28,
                                                  Schedule of the United States (HTSUS).                  information from U.S. Customs and                        2014, the final results of which are
                                                  Although the HTSUS subheadings are                      Border Protection (CBP) indicating there                 being issued concurrent with these final
                                                  provided for convenience and customs                    were reviewable entries for XITIC or                     results. Because the new shipper review
                                                  purposes, the written description of the                Zhangzhou Hongda during the POR.                         encompasses the entire POR of the
                                                  scope of this order is dispositive.6                    Consistent with the Department’s                         administrative review, Dezhou
                                                                                                          assessment practice in non-market                        Kaihang’s sole sale during the POR is
                                                  Analysis of Comments Received                           economy cases, we stated in the
                                                                                                                                                                   covered by the new shipper review and,
                                                     All issues raised in the case and                    Preliminary Results that the Department
                                                                                                                                                                   therefore there is no reviewable entry
                                                  rebuttal briefs by parties in this review               would not rescind the review in these
                                                                                                                                                                   subject to this administrative review.10
                                                  are addressed in the Issues and Decision                circumstances but, rather, would
                                                                                                                                                                   Accordingly, we are rescinding this
                                                                                                          complete the review with respect to
                                                  Memorandum. A list of the issues which                                                                           administrative review with respect to
                                                                                                          XITIC and Zhangzhou Hongda and issue
                                                  parties raised is attached to this notice                                                                        Dezhou Kaihang.
                                                                                                          appropriate instructions to CBP based
                                                  as an appendix. The Issues and Decision                                                                            For the companies subject to this
                                                                                                          on the final results of the review.8 We
                                                  Memorandum is a public document and                     did not receive any comments following                   review that established their eligibility
                                                  is on file in the Central Records Unit                  our Preliminary Results with respect to                  for a separate rate, the weighted average
                                                  (CRU), Room 7046 of the main                            this issue. As such, in these final                      dumping margins for the final results of
                                                  Department of Commerce building, as                     results, we continue to determine that                   this review for the POR are as follows:
                                                  well as electronically via Enforcement                  XITIC and Zhangzhou Hongda had no
                                                  and Compliance’s Antidumping and                        reviewable entries of subject                            Fujian Tongfa Foods Group Co., Ltd., (12) Fuzhou
                                                  Countervailing Duty Centralized                         merchandise during the POR.                              Sunshine Imp. & Exp. Co., Ltd., (13) Fujian Yuxing
                                                  Electronic Service System (ACCESS).                                                                              Fruits and Vegetables Foodstuffs Development Co.,
                                                  ACCESS is available to registered users                 Final Results of Review and Partial                      Ltd., (14) Fujian Zishan Group Co., Ltd., (15)
                                                                                                          Rescission of Review                                     Golden Banyan Foodstuffs Co., Ltd., (16) Guangxi
                                                  at https://access.trade.gov and in the                                                                           Eastwing Trading Co., Ltd., (17) Guangxi Hengyong
                                                  CRU. In addition, a complete version of                    In our Preliminary Results, we found                  Industrial & Commercial Dev. Ltd., (18) Guangxi
                                                  the Issues and Decision Memorandum                      that 48 companies subject to this review                 Jisheng Foods, Inc., (19) Inter-Foods (Dongshan)
                                                                                                                                                                   Co., Ltd., (20) Longhai Guangfa Food Co., Ltd., (21)
                                                  can be accessed directly on the internet                did not establish their eligibility for a                Longhai Jiasheng Food Co., Ltd., (22) Primera
                                                  at http://enforcement.trade.gov/frn/                    separate rate and that they were, thus,                  Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned
                                                  index.html. The signed Issues and                       part of the PRC-wide entity. In these                    Foods Co., Ltd., (24) Shandong Fengyu Edible
                                                  Decision Memorandum and electronic                      final results, we continue to determine                  Fungus Corporation Ltd., (25) Shandong Jiufa
                                                                                                          that 47 of these companies are part of                   Edible Fungus Corporation, Ltd., (26) Shandong
                                                  versions of the Issues and Decision                                                                              Yinfeng Rare Fungus Corporation, Ltd., (27)
                                                  Memorandum are identical in content.                    the PRC-wide entity.9 Because no party                   Synehon (Xiamen) Trading Co., Ltd., (28) Sun Wave
                                                                                                                                                                   Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd.,
                                                  Changes Since the Preliminary Results                     7 See Memorandum to the File from Michael J.           (30) Xiamen Choice Harvest Imp., (31) Xiamen
                                                                                                          Heaney ‘‘Analysis of Data Submitted by Zhangzhou         Greenland Import & Export Co., Ltd., (32) Xiamen
                                                    Based on our review of the comments                   Gangchang Canned Foods Co., Ltd. (Gangchang) in          Gulong Import & Export Co., Ltd., (33) Xiamen
                                                  received from interested parties                        the Final Results of Administrative Review of the        Gulong Import Export Co. Ltd., (34) Xiamen Jiahua
                                                                                                          Antidumping Duty Order on Certain Preserved              Import & Export Trading Co., Ltd., (35) Xiamen
                                                  regarding our Preliminary Results, and                  Mushrooms from the People’s Republic of China            Longhuai Import & Export Co., Ltd., (36) Xiamen
                                                  for the reasons explained in the Issues                 (PRC)’’ dated June 2, 2015 at 2 (Gangchang Final         Sungiven Import & Export Co., Ltd., (37) Xiamen
                                                  and Decision Memorandum, we have                        Analysis Memorandum); see also Memorandum to             Yubang Import Export Trading Co. Ltd., (38)
                                                                                                          the File from Michael J. Heaney ‘‘Analysis of Data       Zhangzhou Golden Banyan Foodstuffs Industrial
                                                  revised the margin calculation for both                 Submitted by Linyi City Kangfa Foodstuff Drinkable       Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp. Trade
                                                  Gangchang and Kangfa. The respective                    Co., Ltd. in the Final Results of Administrative         Co., Ltd., (40) Zhangzhou Long Mountain Foods
                                                  analysis memoranda for Gangchang and                    Review of the Antidumping Duty Order on Certain          Co., Ltd., (41) Zhangzhou Tan Co., Ltd., (42)
                                                  Kangfa contain further explanation of                   Preserved Mushrooms from the People’s Republic           Zhangzhou Tianbaolong Food Co., Ltd., (43)
                                                                                                          of China (PRC)’’ dated June 2, 2015 (Kangfa Final        Zhangzhou Tongfa Foods Industry Co., Ltd., (44)
                                                                                                          Analysis Memorandum) at 2.                               Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd.,
                                                  of China; Submission of Respondents’ Case Brief           8 See Preliminary Results, 79 FR at 71747.             (45) Zhangzhou Xiangcheng Rainbow & Greenland
                                                  (Respondents Case Brief).                                 9 These 47 exporters are: (1)Ayecue (Liaocheng)        Food Co., Ltd., (46) Zhejiang Iceman Food Co., Ltd.,
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                                                     5 See January 21, 2015 letter from Monterey                                                                   and (47) Zhejiang Iceman Group Co., Ltd.
                                                                                                          Foodstuff Co., Ltd., (2) Blue Field (Sichuan) Food
                                                  Mushrooms to Secretary of Commerce from                 Industrial Co., Ltd., (3) China National Cereals, Oils      10 See Certain Preserved Mushrooms From the
                                                  Monterey Mushrooms (Petitioner’s Rebuttal Brief).       & Foodstuffs Import & Export Corp., (4) China            People’s Republic of China: Preliminary Results of
                                                     6 For a complete description of the scope of the     Processed Food Import & Export Co., (5) Dalian J&N       Antidumping Duty New Shipper Review; 2013/
                                                  order, see ‘‘Certain Preserved Mushrooms from the       Foods Co., Ltd., (6) Dujiangyan Xingda Foodstuff         2014, 80 FR 3216 (January 22, 2015) and
                                                  People’s Republic of China: Issues and Decision         Co., Ltd., (7) Fujian Dongshan Changlong Trade Co.,      Accompanying Decision Memorandum at 1
                                                  Memorandum for the Final Results in the 2013/           Ltd., (8) Fujian Golden Banyan Foodstuffs                (unchanged in final). We further note that Dezhou
                                                  2014 Administrative Review,’’ dated June 1, 2015        Industrial Co., Ltd., (9) Fujian Haishan Foods Co.,      Kaihang’s entry entered subsequent to the
                                                  (Issues and Decision Memorandum) at 2.                  Ltd., (10) Fujian Pinghe Baofeng Canned Foods, (11)      commencement of the AR. Id.



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                                                                                     Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Notices                                                   32357

                                                                                              Weighted      Cash Deposit Requirements                               of APO materials, or conversion to
                                                                 Exporter                      average        The following cash deposit                            judicial protective order, is hereby
                                                                                                margin                                                              requested. Failure to comply with the
                                                                                              (percent)     requirements will be effective for all
                                                                                                            shipments of subject merchandise                        regulations and terms of an APO is a
                                                  Linyi City Kangfa Foodstuff                               entered, or withdrawn from warehouse,                   sanctionable violation.
                                                    Drinkable Co., Ltd. ..................         75.67    for consumption on or after the                           We are issuing and publishing these
                                                  Zhangzhou Gangchang Canned                                publication date of the final results of                results and this notice in accordance
                                                    Foods Co., Ltd. .......................        99.71    this administrative review, as provided                 with sections 751(a)(1) and 777(i) of the
                                                                                                            by section 751(a)(2)(C) of the Act: (1)                 Act.
                                                  Disclosure                                                For the exporters listed above, the cash                  Dated: June 1, 2015.
                                                    The Department will disclose                            deposit rate will be the rate established               Ronald K. Lorentzen,
                                                  calculations performed for these final                    in the final results of this review; (2) for            Acting Assistant Secretary for Enforcement
                                                  results to the parties within five days of                previously investigated or reviewed PRC                 and Compliance.
                                                  the date of publication of this notice, in                and non-PRC exporters which are not
                                                                                                            under review in this segment of the                     List of Topics Discussed in the
                                                  accordance with 19 CFR 351.224(b).                                                                                Accompanying Issues and Decision
                                                                                                            proceeding but received a separate rate
                                                  Assessment Rates                                          in a previous segment, the cash deposit                 Memorandum
                                                     Pursuant to section 751(a)(2)(C) of the                rate will continue to be the exporter-                  Summary
                                                  Tariff Act of 1930, as amended (the Act)                  specific rate published for the most                    Background
                                                  and 19 CFR 351.212(b), the Department                     recently-completed period; (3) for all                  Scope of the Order
                                                                                                            PRC exporters of subject merchandise                    Discussion of Issues
                                                  will determine, and CBP shall assess,                                                                               Comment 1 Land Rent
                                                  antidumping duties on all appropriate                     which have not been found to be
                                                                                                            entitled to a separate rate, the cash                     Comment 2 Well Water and Casing Soil
                                                  entries of subject merchandise covered                                                                              Comment 3 Labor Cost
                                                  by this review. The Department intends                    deposit rate will be that for the PRC-
                                                                                                                                                                      Comment 4 Glass Jars and Metal Caps
                                                  to issue assessment instructions to CBP                   wide entity (i.e., 308.33 percent); 13 and                Comment 5 Compost Offset
                                                  15 days after the date of publication of                  (4) for all non-PRC exporters of subject                  Comment 6 Surrogate Financial Ratios
                                                  these final results of review.                            merchandise which have not received                     Recommendation
                                                     For assessment purposes, for both                      their own rate, the cash deposit rate will              [FR Doc. 2015–13975 Filed 6–5–15; 8:45 am]
                                                  Gangchang and Kangfa, we will instruct                    be the rate applicable to the PRC
                                                                                                                                                                    BILLING CODE 3510–DS–P
                                                  CBP to liquidate based upon a per-unit,                   exporter(s) that supplied the non-PRC
                                                  importer-specific, assessment rate. This                  exporter. These cash deposit
                                                  per-unit assessment rate is based on the                  requirements, when imposed, shall                       DEPARTMENT OF COMMERCE
                                                  ratio of the total amount of dumping                      remain in effect until further notice.
                                                  calculated for the importer’s examined                    Notification to Importers                               National Oceanic and Atmospheric
                                                  sales to the total entered quantity of                                                                            Administration
                                                                                                               This notice serves as a final reminder
                                                  those same sales.11 For the 47                            to importers of their responsibility                    RIN 0648–XD644
                                                  companies identified above as being                       under 19 CFR 351.402(f)(2) to file a
                                                  part of the PRC-wide entity, any entries                  certificate regarding the reimbursement                 Taking of Marine Mammals Incidental
                                                  will be assessed at the PRC-wide rate.                    of antidumping duties prior to                          to Specified Activities; Vashon Seismic
                                                     On October 24, 2011, the Department                    liquidation of the relevant entries                     Retrofit Project
                                                  announced a refinement to its                             during this POR. Failure to comply with                 AGENCY:  National Marine Fisheries
                                                  assessment practice in non-market                         this requirement could result in the                    Service (NMFS), National Oceanic and
                                                  economy cases.12 Pursuant to this                         Department’s presumption that                           Atmospheric Administration (NOAA),
                                                  refinement in practice, for entries that                  reimbursement of antidumping duties                     Commerce.
                                                  were not reported in the U.S. sales                       occurred and the subsequent assessment
                                                  databases submitted by companies                                                                                  ACTION: Notice; issuance of an incidental
                                                                                                            of double antidumping duties.                           take authorization.
                                                  individually examined during this
                                                  review, the Department will instruct                      Notification Regarding Administrative
                                                                                                                                                                    SUMMARY:   In accordance with the
                                                  CBP to liquidate at the PRC-wide rate.                    Protective Order
                                                                                                                                                                    Marine Mammal Protection Act
                                                  In addition, if the Department                              This notice also serves as a reminder                 (MMPA) regulations, notification is
                                                  determines that an exporter had no                        to parties subject to administrative                    hereby given that NMFS has issued an
                                                  shipments of the subject merchandise,                     protective order (APO) of their                         Incidental Harassment Authorization
                                                  any suspended entries that entered                        responsibility concerning the return or                 (IHA) to the Washington State
                                                  under that exporter’s case number (i.e.,                  destruction of proprietary information                  Department of Transportation (WSDOT)
                                                  at that exporter’s rate) will be liquidated               disclosed under APO in accordance                       to take, by harassment, small numbers
                                                  at the PRC-wide rate.                                     with 19 CFR 351.305(a)(3), which                        of nine species of marine mammals
                                                     As noted above, the Department                         continues to govern business                            incidental to construction activities for
                                                  determines that XITIC and Zhangzhou                       proprietary information in this segment                 Vashon Seismic Retrofit Project in
                                                  Hongda did not have any reviewable                        of the proceeding. Timely written                       Vashon Island, Washington, between
                                                  transactions during the POR. As a result,                 notification of the return or destruction               August 1, 2015, and July 31, 2016.
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                                                  any suspended entries that entered
                                                                                                                                                                    DATES: Effective August 1, 2015, through
                                                  under these exporters’ case numbers                         13 In the Preliminary Results, we inadvertently

                                                                                                            identified the rate applicable to the PRC-wide entity
                                                                                                                                                                    July 31, 2016.
                                                  will be liquidated at the PRC-wide rate.
                                                                                                            as 303.80 percent. We have corrected that error in      ADDRESSES: Requests for information on
                                                                                                            these final results to reflect the correct rate of      the incidental take authorization should
                                                    11 See19 CFR 351.212(b)(1).                             308.33 percent. See Certain Preserved Mushrooms
                                                    12 SeeNon-Market Economy Antidumping                    From the People’s Republic of China: Final Results
                                                                                                                                                                    be addressed to Jolie Harrison, Chief,
                                                  Proceedings: Assessment of Antidumping Duties, 76         of Antidumping Duty Administrative Review; 2012–        Permits and Conservation Division,
                                                  FR 65694 (October 24, 2011).                              2013, 79 FR 12150, 12152 (March 4, 2014).               Office of Protected Resources, National


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Document Created: 2018-02-22 10:12:25
Document Modified: 2018-02-22 10:12:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: June 8, 2015.
ContactMichael 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 Citation80 FR 32355 

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