81_FR_12739 81 FR 12692 - Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 12692 - Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12692-12694
FR Document2016-05409

On November 6, 2015, the Department of Commerce (the Department) published the Preliminary Results of the 2014-2015 administrative review of the antidumping duty order on Certain Preserved Mushrooms from the People's Republic of China.\1\ The period of review (POR) is February 1, 2014, through January 31, 2015. This review covers one mandatory respondent, Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). In the Preliminary Results, we determined that Kangfa is not eligible for a separate rate and, therefore is part of the PRC-wide entity. The Department invited interested parties to comment on the Preliminary Results. No parties commented. Accordingly, our final results remain unchanged from the Preliminary Results. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12692-12694]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05409]


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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; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 6, 2015, the Department of Commerce (the 
Department) published the Preliminary Results of the 2014-2015 
administrative review of the antidumping duty order on Certain 
Preserved Mushrooms from the People's Republic of China.\1\ The period 
of review (POR) is February 1, 2014, through January 31, 2015. This 
review covers one mandatory respondent, Linyi City Kangfa Foodstuff 
Drinkable Co., Ltd. (Kangfa). In the Preliminary Results, we determined 
that Kangfa is not eligible for a separate rate and, therefore is part 
of the PRC-wide entity. The Department invited interested parties to 
comment on the Preliminary Results. No parties commented. Accordingly, 
our final results remain unchanged from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, and Rescission in Part, 80 FR 68836 (November 6, 2015) 
(Preliminary Results), and the accompanying Decision Memorandum 
(Preliminary Decision Memorandum).

---------------------------------------------------------------------------
DATES: Effective Date: March 10, 2016.

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 November 6, 2015, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results, but no comments were received. Also, as explained in the 
memorandum from the Acting Assistant Secretary for Enforcement & 
Compliance, the Department has exercised its authority to toll all 
administrative deadlines due to the recent closure of the Federal 
Government. All deadlines in this segment of the proceeding have been 
extended by four business days. The revised deadline for the final 
results is now March 11, 2016.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum to the File from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Sniwstorm Jonas'' dated 
January 27, 2016.

---------------------------------------------------------------------------

[[Page 12693]]

Scope of the Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved 
Mushrooms'' refers to mushrooms that have been prepared or preserved by 
cleaning, blanching, and sometimes slicing or cutting. These mushrooms 
are then packed and heated in containers including, but not limited to, 
cans or glass jars in a suitable liquid medium, including, but not 
limited to, water, brine, butter or butter sauce. Certain preserved 
mushrooms may be imported whole, sliced, diced, or as stems and pieces. 
Included within the scope of this order are ``brined'' mushrooms, which 
are presalted and packed in a heavy salt solution to provisionally 
preserve them for further processing.\3\
---------------------------------------------------------------------------

    \3\ On June 19, 2000, the Department affirmed that 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing 
less than 0.5 percent acetic acid are within the scope of the 
antidumping duty order. See Recommendation Memorandum-Final Ruling 
of Request by Tak Fat, et al. for Exclusion of Certain Marinated, 
Acidified Mushrooms from the Scope of the Antidumping Duty Order on 
Certain Preserved Mushrooms from the People's Republic of China,'' 
dated June 19, 2000. On February 9, 2005, the United States Court of 
Appeals for the Federal Circuit upheld this decision. See Tak Fat v. 
United States, 396 F.3d 1378 (Fed. Cir. 2005).
---------------------------------------------------------------------------

    Excluded from the scope of this order are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms;'' (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.
    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.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that (1) 
the exporter/producer combination of Dezhou Kaihang Agricultural 
Science Technology Co., Ltd. (Dezhou Kaihang)/Fujian Haishan Foods Co., 
Ltd. (Fengyu); (2) the exporter/producer combination of Fujian Haishan 
Foods Co., Ltd. (Fujian Haishan)/Zhangzhou Hongda Import & Export 
Trading Co., Ltd. (Hongda); (3) Guangxi Jisheng Foods, Inc. (Guangxi 
Jisheng), (4) Xiamen International Trade & Industrial Co., Ltd. 
(XITIC); and (5) Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) 
did not have any reviewable entries during the POR. In particular, we 
found that (1) Dezhou Kaihang/Fengyu, (2) Fujian Haishan/Hongda, (3) 
Guangxi Jisheng, (4) XITIC and (5) Gangchang all submitted timely 
certifications of no shipments, entries, or sales of subject 
merchandise during the POR and we did not receive any information from 
U.S. Customs and Border Protection (CBP) indicating there were 
reviewable entries for those companies during the POR.
    Consistent with the Department's assessment practice in non-market 
economy cases, we stated in the Preliminary Results that the Department 
would not rescind the review in these circumstances but, rather, would 
complete the review with respect to Dezhou Kaihang/Fengyu, Fujian 
Haishan/Hongda, Guangxi Jisheng, XITIC, and Gangchang and issue 
appropriate instructions to CBP based on the final results of the 
review.\4\ 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 Dezhou Kaihang/Fengyu, Fujian Haishan/
Hongda, Guangxi Jisheng, XITIC, and Gangchang had no reviewable entries 
of subject merchandise during the POR.
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 80 FR at 68837.
---------------------------------------------------------------------------

Final Results of Review

    In our Preliminary Results, we found that mandatory respondent 
Kangfa failed to establish its eligibility for a separate rate and 
preliminarily determined to treat Kangfa as part of the PRC[hyphen]wide 
entity.\5\ We also found that the remaining 51 exporters subject to 
this review did not establish their eligibility for separate rate 
status and that they were, thus, part of the PRC-wide entity.
---------------------------------------------------------------------------

    \5\ See id. at 68838.
---------------------------------------------------------------------------

    No parties commented on these Preliminary Results. Therefore, in 
these final results, we continue to determine that all 51 of these 
exporters are part of the PRC-wide entity. Each of these entities are 
listed in the attached Appendix. 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 in this review.\6\
---------------------------------------------------------------------------

    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), the Department has determined, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review. The Department intends to 
instruct CBP to liquidate entries of subject merchandise from the 
exporters identified above as being part of the PRC-wide entity 
(including Kangfa) at the PRC-wide rate, i.e., 308.33 percent.
    Pursuant to a refinement in the Department's practice, 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.\7\ As noted above, the Department determines that Dezhou 
Kaihang/Fengyu, Fujian Haishan/Hongda, Guangxi Jisheng, XITIC, and 
Gangchang did not have any reviewable transactions during the POR. As a 
result, any suspended entries that entered under these exporters' case 
numbers will be liquidated at the PRC-wide rate.
---------------------------------------------------------------------------

    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 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; (2) for all PRC exporters of subject 
merchandise

[[Page 12694]]

which have not been found to be entitled to a separate rate, the cash 
deposit rate will be that for the PRC-wide entity (i.e., 308.33 
percent); and (3) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporter(s) that supplied the non-PRC 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Companies Included in the PRC Wide Entity

    The PRC Entity includes the following 51 entities: (1) 
Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd, 
(3) Blue Field (Sichuan) Food Industrial Co., Ltd., (4) Casia Global 
Logistics Co., Ltd., (5) Changzhou Chen Rong- Da Carpet Co., Ltd., 
(6) China National Cereals, Oils & Foodstuffs Import & Export Corp., 
(7) China Processed Food Import & Export Co., (8) DHL ISC (Hong 
Kong) Limited, (9) Dujiangyan Xingda Foodstuff Co., Ltd., (10) 
Fujian Blue Lake Foods Co., Ltd., (11) Fujian Golden Banyan 
Foodstuffs Industrial Co., Ltd., (12) Fujian Pinghe Baofeng Canned 
Foods, (13) Fujian Yuxing Fruits and Vegetables Foodstuffs 
Development Co., Ltd., (14) Fujian Zishan Group Co., Ltd., (15) 
Guangxi Eastwing Trading Co., Ltd., (16) Guangxi Hengyang Industrial 
& Commercial Dev., Ltd., (17) Guangxi Hengyong Industrial & 
Commercial Dev. Ltd., (18) Inter-Foods (Dongshan) Co., Ltd., (19) 
Jiangxi Cereal Oils Foodstuffs, (20) Joy Foods (Zhangzhou) Co., 
Ltd., (21) Kangfa, (22) Longhai Guangfa Food Co., Ltd., (23) Primera 
Harvest (Xiangfan) Co., Ltd., (24) Shandong Jiufa Edible Fungus 
Corporation, Ltd., (25) Shandong Xinfa Agricultural Science 
Corporation Ltd., (26) Shandong Yinfeng Rare Fungus Corporation, 
Ltd., (27) Shenzhen Syntrans International Logistics Co., Ltd., (28) 
Sun Wave Trading Co., Ltd., (29) Sunrise Food Industry & Commerce, 
(30) Shouguang Sunrise Industry & Commerce Co., Ltd., (31) Thuy 
Duong Transport And Trading Service JSC, (32) Tianjin Fulida Supply 
Co., Ltd., (33) Xiamen Aukking Imp. & Exp. Co., Ltd., (34) Xiamen 
Carre Food Co., Ltd., (35) Xiamen Choice Harvest Imp., (36) Xiamen 
Greenland Import & Export Co., Ltd., (37) Xiamen Gulong Import & 
Export Co., Ltd., (38) Xiamen Huamin Imp. & Exp. Co., Ltd., (39) 
Xiamen Jiahua Import & Export Trading Co., Ltd., (40) Xiamen 
Longhuai Import & Export Co., Ltd., (41) Xiamen Longhuai Imp. & Exp. 
Co., Ltd., (42) Xiamen Longstar Lighting Co., Ltd., (43) Xiamen 
Sungiven Import & Export Co., Ltd., (44) Zhangzhou Golden Banyan 
Foodstuffs Industrial Co., Ltd., (45) Zhangzhou Long Mountain Foods 
Co., Ltd., (46) Zhangzhou Longhai Minhui Industry & Trade Co., Ltd., 
(47) Zhangzhou Tan Co., Ltd., (48) Zhangzhou Tongfa Foods Industry 
Co., Ltd., (49) Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., (50) 
Zhejiang Iceman Food Co., Ltd., and (51) Zhejiang Iceman Group Co., 
Ltd.

[FR Doc. 2016-05409 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  12692                                    Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  Toscelik received from the provision of                                     Tariff Act of 1930, as amended (the Act),                                    the Department will continue
                                                  the land parcel for LTAR.6 The resulting                                    the Department must publish a notice of                                      suspension of liquidation of the subject
                                                  calculations have changed the                                               a court decision that is not ‘‘in                                            merchandise pending expiration of the
                                                  countervailing duty rates calculated for                                    harmony’’ with a Department                                                  period of appeal or, if appealed,
                                                  Borusan, Toscelik, and the all others                                       determination and must suspend                                               pending a final and conclusive court
                                                  rate.                                                                       liquidation of entries pending a                                             decision.
                                                    As explained above, on February 22,                                       ‘‘conclusive’’ court decision. The CIT’s
                                                                                                                                                                                                           Amended Final Determination
                                                  2016, the CIT affirmed the Department’s                                     February 22, 2016, final judgment
                                                  Remand Redetermination.                                                     affirming the Remand Redetermination                                            Because there is now a final court
                                                                                                                              constitutes a final decision of that court                                   decision with respect to the Final
                                                  Timken Notice                                                               which is not in harmony with the Final                                       Determination, the Department amends
                                                    In its decision in Timken, as clarified                                   Determination. This notice is published                                      its Final Determination. The Department
                                                  by Diamond Sawblades, the CAFC held                                         in fulfillment of the publication                                            finds that the following revised net
                                                  that, pursuant to section 516A(e) of the                                    requirements of Timken. Accordingly,                                         countervailable subsidy rates exist:

                                                                                                                                                                                                                                                             Net subsidy
                                                                                                                                        Producer/exporter                                                                                                        rate
                                                                                                                                                                                                                                                              (percent)

                                                  Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
                                                     Holding A.S ......................................................................................................................................................................................              2.39
                                                  Tosyali Dis Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
                                                    Celik San. A.S., and Tosyali Holding A.S ........................................................................................................................................                               * 0.95
                                                  All Others .............................................................................................................................................................................................            2.39
                                                     * De minimis.


                                                     Because the revised countervailable                                        This notice is issued and published in                                     Kangfa is not eligible for a separate rate
                                                  subsidy rate for Toscelik is de minimis,                                    accordance with sections 516A(e)(1),                                         and, therefore is part of the PRC-wide
                                                  there is now a negative countervailing                                      705(c)(1)(B), and 777(i)(1) of the Act.                                      entity. The Department invited
                                                  duty determination for Toscelik.                                              Dated: March 4, 2016.                                                      interested parties to comment on the
                                                  Accordingly, the Department will                                            Paul Piquado,
                                                                                                                                                                                                           Preliminary Results. No parties
                                                  instruct United States Customs and                                                                                                                       commented. Accordingly, our final
                                                                                                                              Assistant Secretary for Enforcement and
                                                  Border Protection (CBP) to continue                                         Compliance.
                                                                                                                                                                                                           results remain unchanged from the
                                                  suspension of liquidation of Toscelik’s                                                                                                                  Preliminary Results.
                                                                                                                              [FR Doc. 2016–05408 Filed 3–9–16; 8:45 am]
                                                  subject merchandise, but set the cash                                       BILLING CODE 3510–DS–P
                                                                                                                                                                                                           DATES: Effective Date: March 10, 2016.
                                                  deposit rate for Toscelik to zero pending                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  a final and conclusive court decision.                                                                                                                   Michael J. Heaney or Robert James, AD/
                                                     For Borusan, the Department will                                         DEPARTMENT OF COMMERCE                                                       CVD Operations, Office VI, Enforcement
                                                  instruct CBP to set the cash deposit rate                                                                                                                and Compliance, International Trade
                                                                                                                              International Trade Administration                                           Administration, U.S. Department of
                                                  to the rate listed above, again, pending
                                                  a final and conclusive court decision.                                                                                                                   Commerce, 14th Street and Constitution
                                                                                                                              [A–570–851]
                                                                                                                                                                                                           Avenue NW., Washington, DC 20230;
                                                     In the Final Determination, in                                                                                                                        telephone (202) 482–4475 or (202) 482–
                                                  accordance with section 705(c)(5)(A) of                                     Certain Preserved Mushrooms From
                                                                                                                              the People’s Republic of China: Final                                        0649, respectively.
                                                  the Act, for companies not individually
                                                                                                                              Results of Antidumping Duty                                                  SUPPLEMENTARY INFORMATION:
                                                  investigated, we applied an ‘‘all-others’’
                                                  rate of 9.21 percent. This rate was                                         Administrative Review; 2014–2015
                                                                                                                                                                                                           Background
                                                  calculated as the average of the rates                                      AGENCY:  Enforcement and Compliance,                                           On November 6, 2015, the Department
                                                  determined for Borusan and Toscelik                                         International Trade Administration,                                          published the Preliminary Results. We
                                                  (15.89 and 2.53, respectively).7 As noted                                   Department of Commerce.                                                      invited interested parties to comment on
                                                  above, Toscelik’s amended                                                   SUMMARY: On November 6, 2015, the                                            the Preliminary Results, but no
                                                  countervailable subsidy rate is de                                          Department of Commerce (the                                                  comments were received. Also, as
                                                  minimis. Section 705(c)(5)(i) of the Act                                    Department) published the Preliminary                                        explained in the memorandum from the
                                                  stipulates that the ‘‘all-others’’ rate                                     Results of the 2014–2015 administrative                                      Acting Assistant Secretary for
                                                  should exclude zero and de minimis                                          review of the antidumping duty order                                         Enforcement & Compliance, the
                                                  rates calculated for the companies                                          on Certain Preserved Mushrooms from                                          Department has exercised its authority
                                                  individually investigated. Therefore, for                                   the People’s Republic of China.1 The                                         to toll all administrative deadlines due
                                                  purposes of this amended Final                                              period of review (POR) is February 1,                                        to the recent closure of the Federal
                                                  Determination, the Department will                                          2014, through January 31, 2015. This                                         Government. All deadlines in this
                                                  instruct CBP that the ‘‘all-others’’ cash                                   review covers one mandatory                                                  segment of the proceeding have been
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  deposit rate is to be amended to                                            respondent, Linyi City Kangfa Foodstuff                                      extended by four business days. The
                                                  Borusan’s revised calculated subsidy                                        Drinkable Co., Ltd. (Kangfa). In the                                         revised deadline for the final results is
                                                  rate, 2.39 percent.                                                         Preliminary Results, we determined that                                      now March 11, 2016.2
                                                    6 Id.at 28.                                                               Antidumping Duty Administrative Review, and                                  Decision Memorandum (Preliminary Decision
                                                    7 See Final Determination, 79 FR at 41965.                                Rescission in Part, 80 FR 68836 (November 6, 2015)                           Memorandum).
                                                    1 See Certain Preserved Mushrooms from the                                (Preliminary Results), and the accompanying                                    2 See Memorandum to the File from Ron

                                                  People’s Republic of China: Preliminary Results of                                                                                                       Lorentzen, Acting A/S for Enforcement &



                                             VerDate Sep<11>2014         17:55 Mar 09, 2016          Jkt 238001       PO 00000        Frm 00013       Fmt 4703       Sfmt 4703       E:\FR\FM\10MRN1.SGM                10MRN1


                                                                                Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                  12693

                                                  Scope of the Order                                       Technology Co., Ltd. (Dezhou Kaihang)/                Department no longer considers the
                                                     The products covered by this order                    Fujian Haishan Foods Co., Ltd.                        PRC-wide entity as an exporter
                                                  are certain preserved mushrooms,                         (Fengyu); (2) the exporter/producer                   conditionally subject to administrative
                                                  whether imported whole, sliced, diced,                   combination of Fujian Haishan Foods                   reviews, we did not conduct a review of
                                                  or as stems and pieces. The certain                      Co., Ltd. (Fujian Haishan)/Zhangzhou                  the PRC-wide entity, and the entity’s
                                                  preserved mushrooms covered under                        Hongda Import & Export Trading Co.,                   rate is not subject to change in this
                                                  this order are the species Agaricus                      Ltd. (Hongda); (3) Guangxi Jisheng                    review.6
                                                  bisporus and Agaricus bitorquis.                         Foods, Inc. (Guangxi Jisheng), (4)
                                                                                                           Xiamen International Trade & Industrial               Assessment Rates
                                                  ‘‘Certain Preserved Mushrooms’’ refers
                                                                                                           Co., Ltd. (XITIC); and (5) Zhangzhou                     Pursuant to section 751(a)(2)(C) of the
                                                  to mushrooms that have been prepared
                                                                                                           Gangchang Canned Foods Co., Ltd.                      Tariff Act of 1930, as amended (the Act)
                                                  or preserved by cleaning, blanching, and
                                                                                                           (Gangchang) did not have any                          and 19 CFR 351.212(b), the Department
                                                  sometimes slicing or cutting. These
                                                                                                           reviewable entries during the POR. In                 has determined, and CBP shall assess,
                                                  mushrooms are then packed and heated
                                                                                                           particular, we found that (1) Dezhou                  antidumping duties on all appropriate
                                                  in containers including, but not limited
                                                                                                           Kaihang/Fengyu, (2) Fujian Haishan/                   entries of subject merchandise covered
                                                  to, cans or glass jars in a suitable liquid
                                                                                                           Hongda, (3) Guangxi Jisheng, (4) XITIC                by this review. The Department intends
                                                  medium, including, but not limited to,
                                                                                                           and (5) Gangchang all submitted timely                to issue assessment instructions to CBP
                                                  water, brine, butter or butter sauce.
                                                                                                           certifications of no shipments, entries,              15 days after the date of publication of
                                                  Certain preserved mushrooms may be
                                                                                                           or sales of subject merchandise during                these final results of review. The
                                                  imported whole, sliced, diced, or as                     the POR and we did not receive any                    Department intends to instruct CBP to
                                                  stems and pieces. Included within the                    information from U.S. Customs and                     liquidate entries of subject merchandise
                                                  scope of this order are ‘‘brined’’                       Border Protection (CBP) indicating there              from the exporters identified above as
                                                  mushrooms, which are presalted and                       were reviewable entries for those                     being part of the PRC-wide entity
                                                  packed in a heavy salt solution to                       companies during the POR.                             (including Kangfa) at the PRC-wide rate,
                                                  provisionally preserve them for further                    Consistent with the Department’s                    i.e., 308.33 percent.
                                                  processing.3                                             assessment practice in non-market
                                                     Excluded from the scope of this order                                                                          Pursuant to a refinement in the
                                                                                                           economy cases, we stated in the                       Department’s practice, if the Department
                                                  are the following: (1) All other species                 Preliminary Results that the Department
                                                  of mushroom, including straw                                                                                   determines that an exporter had no
                                                                                                           would not rescind the review in these                 shipments of the subject merchandise,
                                                  mushrooms; (2) all fresh and chilled                     circumstances but, rather, would
                                                  mushrooms, including ‘‘refrigerated’’ or                                                                       any suspended entries that entered
                                                                                                           complete the review with respect to                   under that exporter’s case number (i.e.,
                                                  ‘‘quick blanched mushrooms;’’ (3) dried                  Dezhou Kaihang/Fengyu, Fujian
                                                  mushrooms; (4) frozen mushrooms; and                                                                           at that exporter’s rate) will be liquidated
                                                                                                           Haishan/Hongda, Guangxi Jisheng,                      at the PRC-wide rate.7 As noted above,
                                                  (5) ‘‘marinated,’’ ‘‘acidified,’’ or                     XITIC, and Gangchang and issue
                                                  ‘‘pickled’’ mushrooms, which are                                                                               the Department determines that Dezhou
                                                                                                           appropriate instructions to CBP based                 Kaihang/Fengyu, Fujian Haishan/
                                                  prepared or preserved by means of                        on the final results of the review.4 We
                                                  vinegar or acetic acid, but may contain                                                                        Hongda, Guangxi Jisheng, XITIC, and
                                                                                                           did not receive any comments following                Gangchang did not have any reviewable
                                                  oil or other additives.                                  our Preliminary Results with respect to
                                                     The merchandise subject to this order                                                                       transactions during the POR. As a result,
                                                                                                           this issue. As such, in these final                   any suspended entries that entered
                                                  is classifiable under subheadings:                       results, we continue to determine that
                                                  2003.10.0127, 2003.10.0131,                                                                                    under these exporters’ case numbers
                                                                                                           Dezhou Kaihang/Fengyu, Fujian                         will be liquidated at the PRC-wide rate.
                                                  2003.10.0137, 2003.10.0143,                              Haishan/Hongda, Guangxi Jisheng,
                                                  2003.10.0147, 2003.10.0153, and                          XITIC, and Gangchang had no                           Cash Deposit Requirements
                                                  0711.51.0000 of the Harmonized Tariff                    reviewable entries of subject                           The following cash deposit
                                                  Schedule of the United States (HTSUS).                   merchandise during the POR.                           requirements will be effective for all
                                                  Although the HTSUS subheadings are
                                                                                                           Final Results of Review                               shipments of subject merchandise
                                                  provided for convenience and Customs
                                                                                                                                                                 entered, or withdrawn from warehouse,
                                                  purposes, the written description of the                    In our Preliminary Results, we found               for consumption on or after the
                                                  scope of this order is dispositive.                      that mandatory respondent Kangfa                      publication date of the final results of
                                                  Final Determination of No Shipments                      failed to establish its eligibility for a             this administrative review, as provided
                                                                                                           separate rate and preliminarily                       by section 751(a)(2)(C) of the Act: (1)
                                                    In the Preliminary Results, we                         determined to treat Kangfa as part of the
                                                  preliminarily determined that (1) the                                                                          For previously investigated or reviewed
                                                                                                           PRC-wide entity.5 We also found that                  PRC and non-PRC exporters which are
                                                  exporter/producer combination of                         the remaining 51 exporters subject to
                                                  Dezhou Kaihang Agricultural Science                                                                            not under review in this segment of the
                                                                                                           this review did not establish their                   proceeding but received a separate rate
                                                                                                           eligibility for separate rate status and              in a previous segment, the cash deposit
                                                  Compliance, ‘‘Tolling of Administrative Deadlines        that they were, thus, part of the PRC-
                                                  As a Result of the Government Closure During                                                                   rate will continue to be the exporter-
                                                  Sniwstorm Jonas’’ dated January 27, 2016.                wide entity.                                          specific rate published for the most
                                                    3 On June 19, 2000, the Department affirmed that          No parties commented on these                      recently-completed period; (2) for all
                                                  ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms   Preliminary Results. Therefore, in these              PRC exporters of subject merchandise
                                                  containing less than 0.5 percent acetic acid are         final results, we continue to determine
                                                  within the scope of the antidumping duty order.
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                                                  See Recommendation Memorandum-Final Ruling of
                                                                                                           that all 51 of these exporters are part of              6 See Antidumping Proceedings: Announcement

                                                  Request by Tak Fat, et al. for Exclusion of Certain      the PRC-wide entity. Each of these                    of Change in Department Practice for Respondent
                                                  Marinated, Acidified Mushrooms from the Scope of         entities are listed in the attached                   Selection in Antidumping Duty Proceedings and
                                                  the Antidumping Duty Order on Certain Preserved          Appendix. Because no party requested a                Conditional Review of the Nonmarket Economy
                                                  Mushrooms from the People’s Republic of China,’’                                                               Entity in NME Antidumping Duty Proceedings, 78
                                                  dated June 19, 2000. On February 9, 2005, the
                                                                                                           review of the PRC-wide entity and the                 FR 65963 (November 4, 2013).
                                                  United States Court of Appeals for the Federal                                                                   7 See Non-Market Economy Antidumping
                                                                                                            4 See   Preliminary Results, 80 FR at 68837.
                                                  Circuit upheld this decision. See Tak Fat v. United                                                            Proceedings: Assessment of Antidumping Duties, 76
                                                  States, 396 F.3d 1378 (Fed. Cir. 2005).                   5 See   id. at 68838.                                FR 65694 (October 24, 2011).



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                                                  12694                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  which have not been found to be                         Yuxing Fruits and Vegetables Foodstuffs               SUPPLEMENTARY INFORMATION:
                                                  entitled to a separate rate, the cash                   Development Co., Ltd., (14) Fujian Zishan             Amendments to Revise the Dates.
                                                  deposit rate will be that for the PRC-                  Group Co., Ltd., (15) Guangxi Eastwing
                                                                                                          Trading Co., Ltd., (16) Guangxi Hengyang              Background
                                                  wide entity (i.e., 308.33 percent); and (3)             Industrial & Commercial Dev., Ltd., (17)
                                                  for all non-PRC exporters of subject                    Guangxi Hengyong Industrial & Commercial                Due to the recent personnel changes,
                                                  merchandise which have not received                     Dev. Ltd., (18) Inter-Foods (Dongshan) Co.,           applications for this Mission will now
                                                  their own rate, the cash deposit rate will              Ltd., (19) Jiangxi Cereal Oils Foodstuffs, (20)       be accepted through March 17, 2016
                                                  be the rate applicable to the PRC                       Joy Foods (Zhangzhou) Co., Ltd., (21) Kangfa,         (and after that date if space remains and
                                                  exporter(s) that supplied the non-PRC                   (22) Longhai Guangfa Food Co., Ltd., (23)             scheduling constraints permit).
                                                  exporter. These cash deposit                            Primera Harvest (Xiangfan) Co., Ltd., (24)            Interested U.S. companies and trade
                                                  requirements, when imposed, shall                       Shandong Jiufa Edible Fungus Corporation,             associations/organizations providing
                                                  remain in effect until further notice.                  Ltd., (25) Shandong Xinfa Agricultural                renewable energy equipment,
                                                                                                          Science Corporation Ltd., (26) Shandong
                                                                                                                                                                technology, and services which have not
                                                  Notification to Importers                               Yinfeng Rare Fungus Corporation, Ltd., (27)
                                                                                                          Shenzhen Syntrans International Logistics             already submitted an application are
                                                     This notice serves as a final reminder               Co., Ltd., (28) Sun Wave Trading Co., Ltd.,           encouraged to do so.
                                                  to importers of their responsibility                    (29) Sunrise Food Industry & Commerce, (30)             The U.S. Department of Commerce
                                                  under 19 CFR 351.402(f)(2) to file a                    Shouguang Sunrise Industry & Commerce                 will review applications and make
                                                  certificate regarding the reimbursement                 Co., Ltd., (31) Thuy Duong Transport And              selection decisions on a staggered basis.
                                                  of antidumping duties prior to                          Trading Service JSC, (32) Tianjin Fulida              The applicants selected will be notified
                                                  liquidation of the relevant entries                     Supply Co., Ltd., (33) Xiamen Aukking Imp.            as soon as possible.
                                                  during this POR. Failure to comply with                 & Exp. Co., Ltd., (34) Xiamen Carre Food Co.,
                                                  this requirement could result in the                    Ltd., (35) Xiamen Choice Harvest Imp., (36)           Contact Information
                                                                                                          Xiamen Greenland Import & Export Co., Ltd.,
                                                  Department’s presumption that                           (37) Xiamen Gulong Import & Export Co.,                 Ethel M. Azueta Glen, International
                                                  reimbursement of antidumping duties                     Ltd., (38) Xiamen Huamin Imp. & Exp. Co.,             Trade Specialist, Trade Missions, U.S.
                                                  occurred and the subsequent assessment                  Ltd., (39) Xiamen Jiahua Import & Export              Department of Commerce, Washington,
                                                  of double antidumping duties.                           Trading Co., Ltd., (40) Xiamen Longhuai               DC 20230, Tel: 202–482–5388, Fax:
                                                                                                          Import & Export Co., Ltd., (41) Xiamen                202–482–9000, Ethel.Glen@trade.gov.
                                                  Notification Regarding Administrative                   Longhuai Imp. & Exp. Co., Ltd., (42) Xiamen
                                                  Protective Order                                        Longstar Lighting Co., Ltd., (43) Xiamen              Frank Spector,
                                                    This notice also serves as a final                    Sungiven Import & Export Co., Ltd., (44)              Director, Trade Missions Program.
                                                  reminder to parties subject to                          Zhangzhou Golden Banyan Foodstuffs                    [FR Doc. 2016–05411 Filed 3–9–16; 8:45 am]
                                                  administrative protective order (APO) of                Industrial Co., Ltd., (45) Zhangzhou Long
                                                                                                                                                                BILLING CODE 3510–DR–P
                                                                                                          Mountain Foods Co., Ltd., (46) Zhangzhou
                                                  their responsibility concerning the                     Longhai Minhui Industry & Trade Co., Ltd.,
                                                  return or destruction of proprietary                    (47) Zhangzhou Tan Co., Ltd., (48)
                                                  information disclosed under APO in                      Zhangzhou Tongfa Foods Industry Co., Ltd.,            DEPARTMENT OF COMMERCE
                                                  accordance with 19 CFR 351.305(a)(3),                   (49) Zhangzhou Yuxing Imp. & Exp. Trading
                                                  which continues to govern business                      Co., Ltd., (50) Zhejiang Iceman Food Co.,             International Trade Administration
                                                  proprietary information in this segment                 Ltd., and (51) Zhejiang Iceman Group Co.,
                                                                                                          Ltd.                                                  [A–533–810]
                                                  of the proceeding. Timely written
                                                  notification of the return or destruction               [FR Doc. 2016–05409 Filed 3–9–16; 8:45 am]            Stainless Steel Bar From India:
                                                  of APO materials, or conversion to                      BILLING CODE 3510–DS–P                                Preliminary Results of Antidumping
                                                  judicial protective order, is hereby                                                                          Duty Administrative Review; 2014–
                                                  requested. Failure to comply with the                                                                         2015
                                                  regulations and terms of an APO is a                    DEPARTMENT OF COMMERCE
                                                  sanctionable violation.                                                                                       AGENCY:   Enforcement and Compliance,
                                                    We are issuing and publishing these                   International Trade Administration                    International Trade Administration,
                                                  results and this notice in accordance                                                                         Department of Commerce.
                                                                                                          Renewable Energy Trade Mission to                     SUMMARY: The Department of Commerce
                                                  with sections 751(a)(1) and 777(i) of the
                                                                                                          Mexico; May 16–19, 2016                               (the Department) is conducting an
                                                  Act.
                                                    Dated: March 4, 2016.                                 AGENCY: International Trade                           administrative review of the
                                                  Paul Piquado,                                           Administration, Department of                         antidumping duty order on stainless
                                                                                                          Commerce.                                             steel bar (SSB) from India.1 The period
                                                  Assistant Secretary for Enforcement and
                                                  Compliance.                                             ACTION: Notice.                                       of review (POR) is February 1, 2014,
                                                                                                                                                                through January 31, 2015. This review
                                                  Appendix                                                SUMMARY:   The United States Department               covers two producers or exporters of the
                                                  Companies Included in the PRC Wide Entity               of Commerce, International Trade                      subject merchandise: Ambica Steels
                                                                                                          Administration, is amending the Notice                Limited (Ambica), and Bhansali Bright
                                                    The PRC Entity includes the following 51
                                                  entities: (1) Agrogentra & Co., Ltd., (2)
                                                                                                          published at 80 FR 76658 (December 10,                Bars Pvt. Ltd. (Bhansali). We
                                                  Ayecue (Liaocheng) Foodstuff Co., Ltd, (3)              2015), regarding the executive-led                    preliminarily find that Ambica and
                                                  Blue Field (Sichuan) Food Industrial Co.,               Renewable Energy Trade Mission to                     Bhansali have not made sales of the
                                                  Ltd., (4) Casia Global Logistics Co., Ltd., (5)         Mexico, scheduled for May 16–19, 2016,                subject merchandise at prices below
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                                                  Changzhou Chen Rong- Da Carpet Co., Ltd.,               to extend the date of the application                 normal value. Interested parties are
                                                  (6) China National Cereals, Oils & Foodstuffs           deadline from March 4, 2016 to the new                invited to comment on these
                                                  Import & Export Corp., (7) China Processed              deadline of March 17, 2016.                           preliminary results.
                                                  Food Import & Export Co., (8) DHL ISC (Hong             Applications received after March 17,
                                                  Kong) Limited, (9) Dujiangyan Xingda                                                                          DATES: Effective Date: March 10, 2016.
                                                  Foodstuff Co., Ltd., (10) Fujian Blue Lake              2016, will be considered only if space
                                                  Foods Co., Ltd., (11) Fujian Golden Banyan              and scheduling constrains permit and                    1 See Initiation of Antidumping and

                                                  Foodstuffs Industrial Co., Ltd., (12) Fujian            participation fees must be paid by                    Countervailing Duty Administrative Reviews, 80 FR
                                                  Pinghe Baofeng Canned Foods, (13) Fujian                March 31, 2016.                                       18202 (April 3, 2015).



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Document Created: 2018-02-02 15:11:46
Document Modified: 2018-02-02 15:11:46
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: March 10, 2016.
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) 482-4475 or (202) 482-0649, respectively.
FR Citation81 FR 12692 

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