80 FR 60883 - Certain Preserved Mushrooms From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 195 (October 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 195 (October 8, 2015)
| Page Range | 60883-60884 | |
| FR Document | 2015-25704 |
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)] [Notices] [Pages 60883-60884] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25704] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-851] Certain Preserved Mushrooms From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: October 8, 2015. SUMMARY: The Department of Commerce (the Department) is initiating a new shipper review of the antidumping duty order on certain preserved mushrooms (mushrooms) from the People's Republic of China (PRC) involving Linyi Yuqiao International Trade Co., Ltd. (Yuqiao). The period of review (POR) of this new shipper review is February 1, 2015, through July 31, 2015. 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 On February 19, 1999, the Department published the antidumping duty order on mushrooms from the PRC.\1\ Pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), we received a timely request for a new shipper review of the order from Yuqiao.\2\ In its request for review, Yuqiao identified itself as the exporter of the subject merchandise, while listing the producer as Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). --------------------------------------------------------------------------- \1\ See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From the People's Republic of China, 64 FR 8308 (February 19, 1999). \2\ See Letter from Yuqiao to Secretary of Commerce, dated August 28, 2015 (Yuqiao Request). --------------------------------------------------------------------------- Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), Yuqiao certified that: (1) It did not export subject merchandise to the United States during the period of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(A)); (2) since the initiation of the investigation it has never been affiliated with any exporter or producer that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A)); and (3) its export activities are not controlled by the central government of the PRC (see 19 CFR 351.214(b)(2)(iii)(B)). Kangfa also certified that: (1) It did not export the subject merchandise to the United States during the POI (see 19 CFR 351.214(b)(2)(ii)(B)); and (2) since the initiation of the investigation, Kangfa has never been affiliated with any exporter or producer that exported subject merchandise during the POI, including those companies not individually examined during the investigation.\3\ --------------------------------------------------------------------------- \3\ Id. at Attachment 1. --------------------------------------------------------------------------- Moreover, in accordance with 19 CFR 351.214(b)(2)(iv), Yuqiao submitted documentation establishing the following: (1) The date on which it first entered merchandise into the United States; (2) the volume of its first shipment and a statement that it had no subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.\4\ --------------------------------------------------------------------------- \4\ Id. at Attachment 2. --------------------------------------------------------------------------- Finally, the Department conducted a U.S. Customs and Border Protection (CBP) database query and confirmed the price, quantity, and date of entry of the sale at issue.\5\ Notably, the CBP data indicate that Yuqiao's sale and entry of subject merchandise occurred during the POR and the entry was suspended for antidumping duties. --------------------------------------------------------------------------- \5\ Id.; see also Memorandum to the File from the Case Analyst, ``Certain Preserved Mushrooms from the People's Republic of China: Customs Data for NSR'', dated September 14, 2015, and herein incorporated by reference. --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for new shipper reviews initiated in the month immediately following the semiannual anniversary month will be the six month period immediately preceding the semiannual anniversary month. Therefore, because the semiannual anniversary month of this order is August, the POR for this new shipper review is February 1, 2015, through July 31, 2015. [[Page 60884]] Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), the Department finds that Yuqiao's request meets the statutory and regulatory requirements for initiation of a new shipper review.\6\ Accordingly, the Department is initiating a new shipper review of the antidumping duty order on mushrooms from the PRC for subject merchandise produced by Kangfa and exported by Yuqaio. Absent a determination that the case is extraordinarily complicated, the Department intends to issue the preliminary results of this review within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which the Department issues the preliminary results.\7\ --------------------------------------------------------------------------- \6\ See Memorandum from Michael J. Heaney to the File through Scot T. Fullerton entitled, ``Initiation of Antidumping Duty New Shipper Review: Certain Preserved Mushrooms from the People's Republic of China (A-570-851),'' dated September xx, 2015. \7\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i). --------------------------------------------------------------------------- In cases involving non-market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities.\8\ Accordingly, the Department will issue a questionnaire to Yuqiao that will include a separate rates section. This review may proceed if the response provides sufficient indication that Yuqiao is not subject to either de jure or de facto government control with respect to its exports of mushrooms. --------------------------------------------------------------------------- \8\ See, e.g., Wooden Bedroom Furniture from the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged in Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011). --------------------------------------------------------------------------- The Department will instruct CBP to allow (at the option of the importer) the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of subject merchandise exported by Yuqiao and produced by Kangfa in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Kangfa certified that the sales which form the basis for its request were produced by Kangfa, the Department will instruct CBP to permit the use of a bond only for entries of subject merchandise produced by Kangfa and exported by Yuqiao. To assist in its analysis of the bona fides of Yuqiao's sales, upon initiation of this new shipper review, the Department will require the company to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to business proprietary information in this new shipper review should submit applications for disclosure under administrative protective order, in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Dated: October 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-25704 Filed 10-7-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices 60883
Rescission of Review Dated: October 1, 2015. the period of investigation (POI) (see
Pursuant to 19 CFR 351.213(d)(1), the Christian Marsh, section 751(a)(2)(B)(i)(I) of the Act and
Department will rescind an Deputy Assistant Secretary for Antidumping 19 CFR 351.214(b)(2)(ii)(A)); (2) since
administrative review, in whole or in and Countervailing Duty Operations. the initiation of the investigation it has
part, if the party that requested a review [FR Doc. 2015–25684 Filed 10–7–15; 8:45 am] never been affiliated with any exporter
withdraws the request within 90 days of BILLING CODE 3510–DS–P or producer that exported subject
the publication date of the notice of merchandise to the United States during
initiation of the requested review. As the POI, including those companies not
noted above, Petitioner withdrew its DEPARTMENT OF COMMERCE individually examined during the
request for review within 90 days of the investigation (see section
International Trade Administration
publication date of the Initiation Notice. 751(a)(2)(B)(i)(II) of the Act and 19 CFR
No other parties requested an [A–570–851] 351.214(b)(2)(iii)(A)); and (3) its export
administrative review of the order. activities are not controlled by the
Therefore, in accordance with 19 CFR Certain Preserved Mushrooms From central government of the PRC (see 19
351.213(d)(1), we are rescinding this the People’s Republic of China: CFR 351.214(b)(2)(iii)(B)). Kangfa also
review in its entirety. Initiation of Antidumping Duty New
certified that: (1) It did not export the
Shipper Review
Assessment subject merchandise to the United
AGENCY: Enforcement and Compliance, States during the POI (see 19 CFR
The Department will instruct U.S. International Trade Administration, 351.214(b)(2)(ii)(B)); and (2) since the
Customs and Border Protection (‘‘CBP’’) Department of Commerce. initiation of the investigation, Kangfa
to assess antidumping duties on all
DATES: Effective Date: October 8, 2015. has never been affiliated with any
appropriate entries of wind towers from
the PRC. Antidumping duties shall be SUMMARY: The Department of Commerce exporter or producer that exported
assessed at rates equal to the cash (the Department) is initiating a new subject merchandise during the POI,
deposit of estimated antidumping duties shipper review of the antidumping duty including those companies not
required at the time of entry, or order on certain preserved mushrooms individually examined during the
withdrawal from warehouse, for (mushrooms) from the People’s investigation.3
consumption in accordance with 19 Republic of China (PRC) involving Linyi Moreover, in accordance with 19 CFR
CFR 351.212(c)(1)(i). The Department Yuqiao International Trade Co., Ltd. 351.214(b)(2)(iv), Yuqiao submitted
intends to issue appropriate assessment (Yuqiao). The period of review (POR) of documentation establishing the
instructions to CBP 15 days after the this new shipper review is February 1, following: (1) The date on which it first
date of publication of this notice of 2015, through July 31, 2015. entered merchandise into the United
rescission of administrative review. FOR FURTHER INFORMATION CONTACT: States; (2) the volume of its first
Michael J. Heaney or Robert James, AD/ shipment and a statement that it had no
Notifications CVD Operations, Office VI, Enforcement subsequent shipments; and (3) the date
This notice also serves as a final and Compliance, International Trade of its first sale to an unaffiliated
reminder to importers for whom this Administration, U.S. Department of customer in the United States.4
review is being rescinded of their Commerce, 14th Street and Constitution
responsibility under 19 CFR Avenue NW., Washington, DC 20230, Finally, the Department conducted a
351.402(f)(2) to file a certificate telephone: (202) 482–4475 or (202) 482– U.S. Customs and Border Protection
regarding the reimbursement of 0649, respectively. (CBP) database query and confirmed the
antidumping duties prior to liquidation SUPPLEMENTARY INFORMATION: price, quantity, and date of entry of the
of the relevant entries during this sale at issue.5 Notably, the CBP data
review period. Failure to comply with Background indicate that Yuqiao’s sale and entry of
this requirement could result in the On February 19, 1999, the Department subject merchandise occurred during
Secretary’s presumption that published the antidumping duty order the POR and the entry was suspended
reimbursement of the antidumping on mushrooms from the PRC.1 Pursuant for antidumping duties.
duties occurred and the subsequent to section 751(a)(2)(B)(i) of the Tariff
assessment of double antidumping Period of Review
Act of 1930, as amended (the Act), we
duties. received a timely request for a new Pursuant to 19 CFR
This notice also serves as a reminder shipper review of the order from 351.214(g)(1)(i)(B), the POR for new
to parties subject to administrative Yuqiao.2 In its request for review, shipper reviews initiated in the month
protective orders (‘‘APO’’) of their Yuqiao identified itself as the exporter immediately following the semiannual
responsibility concerning the return or of the subject merchandise, while listing
destruction of proprietary information anniversary month will be the six
the producer as Linyi City Kangfa month period immediately preceding
disclosed under APO in accordance Foodstuff Drinkable Co., Ltd. (Kangfa).
with 19 CFR 351.305, which continues the semiannual anniversary month.
Pursuant to the requirements set forth
to govern business proprietary Therefore, because the semiannual
in section 751(a)(2)(B)(i) of the Act and
information in this segment of the anniversary month of this order is
19 CFR 351.214(b)(2), Yuqiao certified
proceeding. Timely written notification August, the POR for this new shipper
that: (1) It did not export subject
of the return/destruction of APO review is February 1, 2015, through July
merchandise to the United States during
31, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES
materials or conversion to judicial
protective order is hereby requested. 1 See Notice of Amendment of Final
Failure to comply with the regulations Determination of Sales at Less Than Fair Value and 3 Id. at Attachment 1.
and terms of an APO is a violation Antidumping Duty Order: Certain Preserved 4 Id. at Attachment 2.
Mushrooms From the People’s Republic of China, 5 Id.; see also Memorandum to the File from the
which is subject to sanction. 64 FR 8308 (February 19, 1999). Case Analyst, ‘‘Certain Preserved Mushrooms from
This notice is published in 2 See Letter from Yuqiao to Secretary of the People’s Republic of China: Customs Data for
accordance with section 751 of the Act, Commerce, dated August 28, 2015 (Yuqiao NSR’’, dated September 14, 2015, and herein
and 19 CFR 351.213(d)(4). Request). incorporated by reference.
VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1](https://thefederalregister.org/doc/80_FR_61078/page/1.svg)
![60884 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
Initiation of New Shipper Review Department will require the company to www.sab.noaa.gov/Meetings/
Pursuant to section 751(a)(2)(B) of the submit on an ongoing basis complete meetings.html for directions to the
Act and 19 CFR 351.214(b), the transaction information concerning any meeting location.
Department finds that Yuqiao’s request sales of subject merchandise to the Status: The meeting will be open to
meets the statutory and regulatory United States that were made public participation with a 15-minute
requirements for initiation of a new subsequent to the POR.
public comment period on October 29
shipper review.6 Accordingly, the Interested parties requiring access to
business proprietary information in this from 5:30–5:45 p.m. EDT (check Web
Department is initiating a new shipper site to confirm time). The SAB expects
review of the antidumping duty order new shipper review should submit
applications for disclosure under that public statements presented at its
on mushrooms from the PRC for subject meetings will not be repetitive of
merchandise produced by Kangfa and administrative protective order, in
accordance with 19 CFR 351.305 and previously submitted verbal or written
exported by Yuqaio. Absent a
351.306. statements. In general, each individual
determination that the case is
extraordinarily complicated, the This initiation and notice are or group making a verbal presentation
Department intends to issue the published in accordance with section will be limited to a total time of two (2)
preliminary results of this review within 751(a)(2)(B) of the Act, 19 CFR 351.214, minutes. Individuals or groups planning
180 days after the date on which this and 19 CFR 351.221(c)(1)(i). to make a verbal presentation should
review is initiated and the final results Dated: October 1, 2015. contact the SAB Acting Executive
within 90 days after the date on which Christian Marsh, Director by October 22, 2015 to
the Department issues the preliminary Deputy Assistant Secretary for Antidumping schedule their presentation. Written
results.7 and Countervailing Duty Operations. comments should be received in the
In cases involving non-market [FR Doc. 2015–25704 Filed 10–7–15; 8:45 am] SAB Executive Director’s Office by
economies, the Department requires that October 22, 2015, to provide sufficient
BILLING CODE 3510–DS–P
a company seeking to establish time for SAB review. Written comments
eligibility for an antidumping duty rate received by the SAB Executive Director
separate from the country-wide rate DEPARTMENT OF COMMERCE after October 22, 2015, will be
provide evidence of de jure and de facto distributed to the SAB, but may not be
absence of government control over the National Oceanic and Atmospheric reviewed prior to the meeting date.
company’s export activities.8 Administration Seating at the meeting will be available
Accordingly, the Department will issue on a first-come, first-served basis.
a questionnaire to Yuqiao that will Science Advisory Board (SAB)
include a separate rates section. This Special Accommodations: These
AGENCY: Office of Oceanic and meetings are physically accessible to
review may proceed if the response
Atmospheric Research (OAR), National people with disabilities. Requests for
provides sufficient indication that
Oceanic and Atmospheric special accommodations may be
Yuqiao is not subject to either de jure
Administration (NOAA), Department of directed no later than 12:00 p.m. on
or de facto government control with
Commerce (DOC).
respect to its exports of mushrooms. October 22, 2015, to Dr. Elizabeth
The Department will instruct CBP to ACTION: Notice of open meeting. Turner, Acting SAB Executive Director,
allow (at the option of the importer) the SUMMARY: The Science Advisory Board Room 146 Gregg Hall, 35 Colovos Road,
posting, until the completion of the (SAB) was established by a Decision Durham, NH 03824; Email:
review, of a bond or security in lieu of Memorandum dated September 25, Elizabeth.Turner@noaa.gov.
a cash deposit for each entry of subject 1997, and is the only Federal Advisory Matters To Be Considered: The
merchandise exported by Yuqiao and Committee with responsibility to advise meeting will include the following
produced by Kangfa in accordance with the Under Secretary of Commerce for
section 751(a)(2)(B)(iii) of the Act and topics: (1) Review Report for the Joint
Oceans and Atmosphere on strategies Institute on Marine and Atmospheric
19 CFR 351.214(e). Because Kangfa for research, education, and application
certified that the sales which form the Research (JIMAR); (2) Review Report for
of science to operations and information the Cooperative Institute on Mesoscale
basis for its request were produced by services. SAB activities and advice
Kangfa, the Department will instruct Meteorological Studies (CIMMS); (3)
provide necessary input to ensure that Gulf Coast Ecosystem Restoration
CBP to permit the use of a bond only for National Oceanic and Atmospheric
entries of subject merchandise produced Program Advisory Working Group
Administration (NOAA) science
by Kangfa and exported by Yuqiao. Report on the RESTORE Act Science
programs are of the highest quality and
To assist in its analysis of the bona Program’s Performance Metrics Plan and
provide optimal support to resource
fides of Yuqiao’s sales, upon initiation Coordination Plan; (4) SAB Strategy
management.
of this new shipper review, the Time and Date: The meeting will be Discussion; (5) Updates from the NOAA
held Thursday, October 29, 9:45 a.m. Administrator and Chief Scientist; (6)
6 See Memorandum from Michael J. Heaney to the
EDT to 5:45 p.m. EDT and on Friday, Discussion on Optimizing SAB Working
File through Scot T. Fullerton entitled, ‘‘Initiation
of Antidumping Duty New Shipper Review: Certain October 30, from 8:15 a.m. EDT to 1:00 Group Operations and (7) Working
Preserved Mushrooms from the People’s Republic p.m. EDT. These times and the agenda Group Issues for Discussion.
of China (A–570–851),’’ dated September xx, 2015. topics described below are subject to
7 See section 751(a)(2)(B)(iv) of the Act and 19 FOR FURTHER INFORMATION CONTACT: Dr.
mstockstill on DSK4VPTVN1PROD with NOTICES
CFR 351.214(h)(i).
change. Please refer to the Web page Elizabeth Turner, Acting Executive
8 See, e.g., Wooden Bedroom Furniture from the http://www.sab.noaa.gov/Meetings/ Director, Science Advisory Board,
People’s Republic of China: Preliminary Results of meetings.html for the most up-to-date NOAA, Room 146 Gregg Hall, 35
Antidumping Duty New Shipper Reviews, 75 FR meeting times and agenda.
72794, 72796 (November 26, 2010), unchanged in Colovos Road, Durham, NH 03824.
Place: The meeting will be held at the
Wooden Bedroom Furniture from the People’s
Hamilton Hotel Ballroom, 1001 14th Email: Elizabeth.Turner@noaa.gov; or
Republic of China: Final Results of Antidumping visit the NOAA SAB Web site at http://
Duty New Shipper Reviews, 76 FR 9747 (February Street Northwest, Washington, DC.
22, 2011). Please check the SAB Web site http:// www.sab.noaa.gov.
VerDate Sep<11>2014 16:41 Oct 07, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1](https://thefederalregister.org/doc/80_FR_61078/page/2.svg)
Document Created: 2015-12-15 08:42:59
Document Modified: 2015-12-15 08:42:59
| 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 | |
| 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. | |
| FR Citation | 80 FR 60883 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR