81_FR_52555 81 FR 52403 - Certain Preserved Mushrooms From the People's Republic of China: Preliminary Rescission of 2015 Antidumping Duty New Shipper Review

81 FR 52403 - Certain Preserved Mushrooms From the People's Republic of China: Preliminary Rescission of 2015 Antidumping Duty New Shipper Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52403-52405
FR Document2016-18779

The Department of Commerce (the Department) is conducting a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). The NSR covers merchandise exported by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) and produced by Linyi City Kangfa Drinkable Co., Ltd. The period of review (POR) is February 1, 2015 through July 31, 2015. The Department preliminarily determines that Yuqiao did not make a bona fide sale during the POR. Because any weighted average dumping margin must be based solely on bona fide sales, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52403-52405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18779]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Rescission of 2015 Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC). The NSR 
covers merchandise exported by Linyi Yuqiao International Trade Co., 
Ltd. (Yuqiao) and produced by Linyi City Kangfa Drinkable Co., Ltd. The 
period of review (POR) is February 1, 2015 through July 31, 2015. The 
Department preliminarily determines that Yuqiao did not make a bona 
fide sale during the POR. Because any weighted average dumping margin 
must be based solely on bona fide sales, we are preliminarily 
rescinding this NSR. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Effective August 8, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-
0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 8, 2015, the Department published a notice of initiation 
of a new shipper review of the antidumping duty order on certain 
preserved mushrooms from the PRC.\1\ The Department subsequently issued 
an antidumping duty questionnaire, and supplemental questionnaires, to 
Yuqiao and received timely responses thereto.
---------------------------------------------------------------------------

    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Initiation of Antidumping Duty New Shipper Review, 80 FR 
60883 (October 8, 2015) (Initiation Notice).
---------------------------------------------------------------------------

    The Department has exercised its discretion to toll all 
administrative deadlines due to the recent closure of the Federal 
government because of Snowstorm ``Jonas.'' Thus, all of the deadlines 
in this segment of the proceeding have been extended by four business 
days. The revised deadline for the preliminary results of this review, 
after the four business-day extension, was April 4, 2016.\2\ However, 
on March 28, 2016, the Department extended the time period for issuing 
the preliminary results of this NSR by 120 days, until August 2, 
2016.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm Jonas,'' dated January 27, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Preserved Mushrooms from the People's Republic of China: 
Extension of Deadline for the Preliminary Results of Antidumping 
Duty New Shipper Review,'' dated March 28, 2016.
---------------------------------------------------------------------------

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. The merchandise subject to this 
order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 
2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, and 
0711.51.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and Customs purposes, the written description of the scope of this 
order is dispositive.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the order, see 
``Decision Memorandum for the Preliminary Rescission of the 2015 
Antidumping Duty New Shipper Review of Certain Preserved Mushrooms 
from the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance (Preliminary Decision Memorandum), dated 
concurrently with this notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section

[[Page 52404]]

751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Yuqiao

    As discussed in the Bona Fide Sales Analysis Memorandum,\5\ the 
Department preliminarily finds that the sale made by Yuqiao is not a 
bona fide sale. The Department reached this conclusion based on its 
consideration of the totality of the circumstances surrounding the 
reported sale, including the timing of Yuqiao's one U.S. sale, the 
importer's lateness in paying Yuqiao, and other elements relating to 
the atypical behavior of all parties in the transaction chain. These 
factors indicate that Yuqiao's single U.S. sale is not representative 
of normal business practices and, thus, is not a bona fide sale.\6\ 
Because the factual information used in our bona fides analysis of 
Yuqiao's sale involves business proprietary information, for a full 
discussion of the basis for our preliminary determination see the Bona 
Fide Sales Analysis Memorandum.
---------------------------------------------------------------------------

    \5\ See Memorandum to Scot Fullerton, Director, Office VI, AD/
CVD Operations, from Michael J. Heaney, Senior International Trade 
Analyst, Office VI, AD/CVD Operations, entitled ``2015 Antidumping 
Duty New Shipper Review of Certain Preserved Mushrooms From the 
People's Republic of China: Preliminary Bona Fide Sales Analysis for 
Linyi Yuqiao International Trade Co., Ltd.'' (Bona Fide Sales 
Analysis Memorandum), dated concurrently with this notice.
    \6\ See, generally, Bona Fide Sales Analysis Memorandum.
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\7\ 
Rebuttals to case briefs may be filed no later than five days after the 
due date for the case briefs.\8\ All rebuttal comments must be limited 
to comments raised in the case briefs.\9\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\10\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\11\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022, and stamped with the date and time of receipt by 5 p.m. ET on 
the due date.\12\
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Unless extended, the Department intends to issue the final results 
or final rescission of this NSR, which will include the results of its 
analysis of issues raised in any briefs received, no later than 90 days 
after the date these preliminary results of review are issued pursuant 
to section 751(a)(2)(B)(iii) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Yuqiao's NSR, 
the assessment rate to which Yuqiao's shipments will be subject will 
not be affected by this review. However, the Department initiated an 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the PRC covering numerous exporters, including 
Yuqiao, for the period of February 1, 2015 through January 31, 2016, 
which overlaps with the period covered by this NSR.\13\ Thus, if the 
Department proceeds to a final rescission, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend subject 
merchandise exported by Yuqiao and entered into the United States 
during the period February 1, 2015 through January 31, 2016 until CBP 
receives instructions relating to the administrative review of this 
order covering that period.
---------------------------------------------------------------------------

    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20338-20240 (April 7, 2016).
---------------------------------------------------------------------------

    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
an importer-specific (or customer-specific) assessment rate based on 
the final results of this review. However, pursuant to the Department's 
refinement to its assessment practice in non-market economy cases,\14\ 
for entries that were not reported in the U.S. sales database submitted 
by Yuqiao, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate.
---------------------------------------------------------------------------

    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of Yuqiao's subject merchandise. If the Department proceeds to 
a final rescission of this NSR, the cash deposit rate will continue to 
be the PRC-wide rate for Yuqiao, because the Department will not have 
determined an individual margin of dumping for Yuqiao. If the 
Department does not proceed to a final rescission in this NSR, the 
Department will instruct CBP to collect cash deposits, effective upon 
the publication of the final results, at the rate established therein.

Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties

[[Page 52405]]

occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Sections in the Preliminary Decision Memorandum

    1. Summary
    2. Background
    3. Scope of the Order
    4. Discussion of the Methodology
    5. Conclusion

[FR Doc. 2016-18779 Filed 8-5-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                   52403

                                                  Timken Notice                                           DEPARTMENT OF COMMERCE                                the preliminary results of this review,
                                                                                                                                                                after the four business-day extension,
                                                     In its decision in Timken, 893 F.2d at               International Trade Administration                    was April 4, 2016.2 However, on March
                                                  341, as clarified by Diamond Sawblades,                                                                       28, 2016, the Department extended the
                                                                                                          [A–570–851]
                                                  the Federal Circuit held that, pursuant                                                                       time period for issuing the preliminary
                                                  to section 516A(e) of the Tariff Act of                 Certain Preserved Mushrooms From                      results of this NSR by 120 days, until
                                                  1930, as amended (the Act), the                         the People’s Republic of China:                       August 2, 2016.3
                                                  Department must publish a notice of a                   Preliminary Rescission of 2015                        Scope of the Order
                                                  court decision that is not ‘‘in harmony’’               Antidumping Duty New Shipper
                                                  with a Department determination and                     Review                                                   The products covered by this order
                                                  must suspend liquidation of entries                                                                           are certain preserved mushrooms,
                                                  pending a ‘‘conclusive’’ court decision.                AGENCY:  Enforcement and Compliance,                  whether imported whole, sliced, diced,
                                                                                                          International Trade Administration,                   or as stems and pieces. The certain
                                                  The CIT’s July 18, 2016, judgment in
                                                                                                          Department of Commerce.                               preserved mushrooms covered under
                                                  Meridian II sustaining the Department’s                 SUMMARY: The Department of Commerce
                                                  finding in the Final Results of                                                                               this order are the species Agaricus
                                                                                                          (the Department) is conducting a new                  bisporus and Agaricus bitorquis.
                                                  Redetermination that Meridian’s Type B                  shipper review (NSR) of the                           ‘‘Certain Preserved Mushrooms’’ refers
                                                  door handles are not covered by the                     antidumping duty order on certain                     to mushrooms that have been prepared
                                                  scope of the Orders constitutes a final                 preserved mushrooms from the People’s                 or preserved by cleaning, blanching, and
                                                  decision of the Court that is not in                    Republic of China (PRC). The NSR                      sometimes slicing or cutting. These
                                                  harmony with the Kitchen Appliance                      covers merchandise exported by Linyi                  mushrooms are then packed and heated
                                                  Door Handles Scope Ruling. This notice                  Yuqiao International Trade Co., Ltd.                  in containers including, but not limited
                                                  is published in fulfillment of the                      (Yuqiao) and produced by Linyi City                   to, cans or glass jars in a suitable liquid
                                                  publication requirements of Timken.                     Kangfa Drinkable Co., Ltd. The period of              medium, including, but not limited to,
                                                  Accordingly, the Department will                        review (POR) is February 1, 2015                      water, brine, butter or butter sauce.
                                                  continue the suspension of liquidation                  through July 31, 2015. The Department                 Certain preserved mushrooms may be
                                                  of Meridian’s Type B door handles at                    preliminarily determines that Yuqiao                  imported whole, sliced, diced, or as
                                                  issue pending expiration of the period                  did not make a bona fide sale during the              stems and pieces. Included within the
                                                  of appeal or, if appealed, pending a final              POR. Because any weighted average                     scope of this order are ‘‘brined’’
                                                  and conclusive court decision.                          dumping margin must be based solely                   mushrooms, which are presalted and
                                                                                                          on bona fide sales, we are preliminarily              packed in a heavy salt solution to
                                                  Amended Final Scope Ruling                              rescinding this NSR. Interested parties               provisionally preserve them for further
                                                                                                          are invited to comment on the                         processing. The merchandise subject to
                                                     Because there is now a final court
                                                                                                          preliminary results of this review.                   this order is classifiable under
                                                  decision with respect to the Kitchen
                                                                                                          DATES: Effective August 8, 2016.                      subheadings: 2003.10.0127,
                                                  Appliance Door Handles Scope Ruling,
                                                  the Department amends its final scope                   FOR FURTHER INFORMATION CONTACT:                      2003.10.0131, 2003.10.0137,
                                                  ruling and finds that the scope of the                  Michael J. Heaney or Robert James, AD/                2003.10.0143, 2003.10.0147,
                                                                                                          CVD Operations, Office VI, Enforcement                2003.10.0153, and 0711.51.0000 of the
                                                  Orders does not cover Meridian’s Type
                                                                                                          and Compliance, International Trade                   Harmonized Tariff Schedule of the
                                                  B door handles. The Department will
                                                                                                          Administration, Department of                         United States (HTSUS). Although the
                                                  instruct U.S. Customs and Border
                                                                                                          Commerce, 1401 Constitution Avenue                    HTSUS subheadings are provided for
                                                  Protection (CBP) that the cash deposit                  NW., Washington, DC 20230; telephone:                 convenience and Customs purposes, the
                                                  rate will be zero percent for Meridian’s                (202) 482–4475 and (202) 482–0649,                    written description of the scope of this
                                                  Type B door handles. In the event the                   respectively.                                         order is dispositive.4
                                                  CIT’s ruling is not appealed, or if
                                                                                                          SUPPLEMENTARY INFORMATION:                            Methodology
                                                  appealed, upheld by the Federal Circuit,
                                                  the Department will instruct CBP to                     Background                                              The Department is conducting this
                                                  liquidate entries of Meridian’s Type B                     On October 8, 2015, the Department                 review in accordance with section
                                                  door handles without regard to                          published a notice of initiation of a new
                                                  antidumping and/or countervailing                       shipper review of the antidumping duty
                                                                                                                                                                  2 See Memorandum to the Record from Ron

                                                                                                                                                                Lorentzen, Acting Assistant Secretary for
                                                  duties, and to lift suspension of                       order on certain preserved mushrooms                  Enforcement & Compliance, regarding ‘‘Tolling of
                                                  liquidation of such entries.                            from the PRC.1 The Department                         Administrative Deadlines as a Result of the
                                                     This notice is issued and published in               subsequently issued an antidumping                    Government Closure during Snowstorm Jonas,’’
                                                                                                          duty questionnaire, and supplemental                  dated January 27, 2016.
                                                  accordance with section 516A(c)(1) of                                                                           3 See Memorandum to Christian Marsh, Deputy
                                                  the Act.                                                questionnaires, to Yuqiao and received                Assistant Secretary for Antidumping and
                                                                                                          timely responses thereto.                             Countervailing Duty Operations, ‘‘Certain Preserved
                                                    Dated: August 2, 2016.                                   The Department has exercised its                   Mushrooms from the People’s Republic of China:
                                                  Ronald K. Lorentzen,                                    discretion to toll all administrative                 Extension of Deadline for the Preliminary Results
                                                                                                                                                                of Antidumping Duty New Shipper Review,’’ dated
                                                  Acting Assistant Secretary for Enforcement              deadlines due to the recent closure of                March 28, 2016.
                                                  and Compliance.                                         the Federal government because of                       4 For a complete description of the scope of the

                                                  [FR Doc. 2016–18788 Filed 8–5–16; 8:45 am]              Snowstorm ‘‘Jonas.’’ Thus, all of the                 order, see ‘‘Decision Memorandum for the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  BILLING CODE 3510–DS–P                                  deadlines in this segment of the                      Preliminary Rescission of the 2015 Antidumping
                                                                                                          proceeding have been extended by four                 Duty New Shipper Review of Certain Preserved
                                                                                                                                                                Mushrooms from the People’s Republic of China,’’
                                                                                                          business days. The revised deadline for               from Christian Marsh, Deputy Assistant Secretary
                                                                                                                                                                for Antidumping and Countervailing Duty
                                                                                                            1 See Certain Preserved Mushrooms From the          Operations, to Ronald K. Lorentzen, Acting
                                                                                                          People’s Republic of China: Initiation of             Assistant Secretary for Enforcement and
                                                                                                          Antidumping Duty New Shipper Review, 80 FR            Compliance (Preliminary Decision Memorandum),
                                                                                                          60883 (October 8, 2015) (Initiation Notice).          dated concurrently with this notice.



                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1


                                                  52404                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  751(a)(2)(B) of the Tariff Act of 1930, as              results of review.7 Rebuttals to case                 the PRC covering numerous exporters,
                                                  amended (the Act), and 19 CFR 351.214.                  briefs may be filed no later than five                including Yuqiao, for the period of
                                                  For a full description of the                           days after the due date for the case                  February 1, 2015 through January 31,
                                                  methodology underlying our                              briefs.8 All rebuttal comments must be                2016, which overlaps with the period
                                                  conclusions, see the Preliminary                        limited to comments raised in the case                covered by this NSR.13 Thus, if the
                                                  Decision Memorandum, which is hereby                    briefs.9                                              Department proceeds to a final
                                                  adopted by this notice. The Preliminary                    Interested parties who wish to request             rescission, we will instruct U.S.
                                                  Decision Memorandum is a public                         a hearing must submit a written request               Customs and Border Protection (CBP) to
                                                  document and is on file electronically                  to the Assistant Secretary for                        continue to suspend subject
                                                  via Enforcement and Compliance’s                        Enforcement & Compliance, U.S.                        merchandise exported by Yuqiao and
                                                  Antidumping and Countervailing Duty                     Department of Commerce, within 30                     entered into the United States during
                                                  Centralized Electronic Service System                   days after the date of publication of this            the period February 1, 2015 through
                                                  (ACCESS). ACCESS is available to                        notice.10 Requests should contain the                 January 31, 2016 until CBP receives
                                                  registered users at http://                             party’s name, address, and telephone                  instructions relating to the
                                                  access.trade.gov and is available in the                number, the number of participants, and               administrative review of this order
                                                  Central Records Unit, Room B8024 of                     a list of the issues to be discussed. Oral            covering that period.
                                                  the main Department of Commerce                         argument presentations will be limited                   If the Department does not proceed to
                                                  building. In addition, a complete                       to issues raised in the briefs. If a request          a final rescission of this new shipper
                                                  version of the Preliminary Decision                     for a hearing is made, the Department                 review, pursuant to 19 CFR
                                                  Memorandum can be accessed directly                     intends to hold the hearing at the U.S.               351.212(b)(1), we will calculate an
                                                  at http://enforcement.trade.gov/frn/.                   Department of Commerce, 14th Street                   importer-specific (or customer-specific)
                                                  The signed Preliminary Decision                         and Constitution Avenue NW.,                          assessment rate based on the final
                                                  Memorandum and the electronic                           Washington, DC 20230, at a date and                   results of this review. However,
                                                  version of the Preliminary Decision                     time to be determined.11 Parties should               pursuant to the Department’s refinement
                                                  Memorandum are identical in content.                    confirm by telephone the date, time, and              to its assessment practice in non-market
                                                                                                          location of the hearing two days before               economy cases,14 for entries that were
                                                  Preliminary Rescission of the                           the scheduled date.                                   not reported in the U.S. sales database
                                                  Antidumping New Shipper Review of                          All submissions, with limited                      submitted by Yuqiao, the Department
                                                  Yuqiao                                                  exceptions, must be filed electronically              will instruct CBP to liquidate such
                                                                                                          using ACCESS. An electronically filed                 entries at the PRC-wide rate.
                                                     As discussed in the Bona Fide Sales
                                                                                                          document must be received successfully
                                                  Analysis Memorandum,5 the                                                                                     Cash Deposit Requirements
                                                                                                          in its entirety by the Department’s
                                                  Department preliminarily finds that the                                                                          Effective upon publication of the final
                                                                                                          electronic records system, ACCESS, by
                                                  sale made by Yuqiao is not a bona fide                                                                        rescission or the final results of this
                                                                                                          5 p.m. Eastern Time (ET) on the due
                                                  sale. The Department reached this                                                                             NSR, the Department will instruct CBP
                                                                                                          date. Documents excepted from the
                                                  conclusion based on its consideration of                                                                      to discontinue the option of posting a
                                                                                                          electronic submission requirements
                                                  the totality of the circumstances                                                                             bond or security in lieu of a cash
                                                                                                          must be filed manually (i.e., in paper
                                                  surrounding the reported sale, including                                                                      deposit for entries of Yuqiao’s subject
                                                                                                          form) with the APO/Dockets Unit in
                                                  the timing of Yuqiao’s one U.S. sale, the                                                                     merchandise. If the Department
                                                                                                          Room 18022, and stamped with the date
                                                  importer’s lateness in paying Yuqiao,                                                                         proceeds to a final rescission of this
                                                                                                          and time of receipt by 5 p.m. ET on the
                                                  and other elements relating to the                                                                            NSR, the cash deposit rate will continue
                                                                                                          due date.12
                                                  atypical behavior of all parties in the                                                                       to be the PRC-wide rate for Yuqiao,
                                                                                                             Unless extended, the Department
                                                  transaction chain. These factors indicate                                                                     because the Department will not have
                                                                                                          intends to issue the final results or final
                                                  that Yuqiao’s single U.S. sale is not                                                                         determined an individual margin of
                                                                                                          rescission of this NSR, which will
                                                  representative of normal business                                                                             dumping for Yuqiao. If the Department
                                                                                                          include the results of its analysis of
                                                  practices and, thus, is not a bona fide                                                                       does not proceed to a final rescission in
                                                                                                          issues raised in any briefs received, no
                                                  sale.6 Because the factual information                                                                        this NSR, the Department will instruct
                                                                                                          later than 90 days after the date these
                                                  used in our bona fides analysis of                      preliminary results of review are issued              CBP to collect cash deposits, effective
                                                  Yuqiao’s sale involves business                         pursuant to section 751(a)(2)(B)(iii) of              upon the publication of the final results,
                                                  proprietary information, for a full                     the Act.                                              at the rate established therein.
                                                  discussion of the basis for our
                                                  preliminary determination see the Bona                  Assessment Rates                                      Notification to Importers
                                                  Fide Sales Analysis Memorandum.                            If the Department proceeds to a final                This notice also serves as a
                                                                                                          rescission of Yuqiao’s NSR, the                       preliminary reminder to importers of
                                                  Public Comment
                                                                                                          assessment rate to which Yuqiao’s                     their responsibility under 19 CFR
                                                    Interested parties may submit case                    shipments will be subject will not be                 351.402(f)(2) to file a certificate
                                                  briefs no later than 30 days after the                  affected by this review. However, the                 regarding the reimbursement of
                                                  date of publication of the preliminary                  Department initiated an administrative                antidumping duties prior to liquidation
                                                                                                          review of the antidumping duty order                  of the relevant entries during this
                                                    5 See Memorandum to Scot Fullerton, Director,
                                                                                                          on certain preserved mushrooms from                   review period. Failure to comply with
                                                  Office VI, AD/CVD Operations, from Michael J.                                                                 this requirement could result in the
                                                  Heaney, Senior International Trade Analyst, Office                                                            Department’s presumption that
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            7 See 19 CFR 351.309(c)(1)(ii).
                                                  VI, AD/CVD Operations, entitled ‘‘2015
                                                  Antidumping Duty New Shipper Review of Certain
                                                                                                            8 See 19 CFR 351.309(d)(1).                         reimbursement of antidumping duties
                                                                                                            9 See 19 CFR 351.309(d)(2).
                                                  Preserved Mushrooms From the People’s Republic
                                                                                                            10 See 19 CFR 351.310(c).
                                                  of China: Preliminary Bona Fide Sales Analysis for                                                              13 See Initiation of Antidumping and

                                                  Linyi Yuqiao International Trade Co., Ltd.’’ (Bona        11 See 19 CFR 351.310(d).                           Countervailing Duty Administrative Reviews, 81 FR
                                                  Fide Sales Analysis Memorandum), dated                    12 See Antidumping and Countervailing Duty          20324, 20338–20240 (April 7, 2016).
                                                  concurrently with this notice.                          Proceedings: Electronic Filing Procedures;              14 See Non-Market Economy Antidumping
                                                    6 See, generally, Bona Fide Sales Analysis            Administrative Protective Order Procedures, 76 FR     Proceedings: Assessment of Antidumping Duties, 76
                                                  Memorandum.                                             39263 (July 6, 2011).                                 FR 65694, 65694–95 (October 24, 2011).



                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1


                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                          52405

                                                  occurred and the subsequent assessment                  Export Trading Company Act of 1982                    • From pears (P) to apples and pears
                                                  of double antidumping duties.                           and 15 CFR 325.6(a) require the                          (A,P) for Underwood Fruit &
                                                    We are issuing and publishing these                   Secretary to publish a notice in the                     Warehouse Co.—Bingen, WA
                                                  results in accordance with sections                     Federal Register identifying the                         4. Update the city listing for the
                                                  751(a)(2)(B) and 777(i)(1) of the Act.                  applicant and summarizing its proposed                following existing Members:
                                                    Dated: August 2, 2016.                                export conduct.                                       • Remove Brewster, WA from Custom
                                                  Ronald K. Lorentzen,                                    Request for Public Comments                              Apple Packers, Inc.
                                                  Acting Assistant Secretary for Enforcement                                                                    • Change location of L&M Companies
                                                                                                             Interested parties may submit written                 from Selah to Union Gap, WA
                                                  and Compliance.                                         comments relevant to the determination
                                                                                                          whether an amended Certificate should                    Northwest Fruit Exporter’s Export
                                                  Appendix I—List of Sections in the                                                                            Trade Certificate of Review complete
                                                  Preliminary Decision Memorandum                         be issued. If the comments include any
                                                                                                          privileged or confidential business                   amended membership is listed below:
                                                     1. Summary                                           information, it must be clearly marked                1. Allan Bros., Naches, WA
                                                     2. Background                                                                                              2. AltaFresh L.L.C. dba Chelan Fresh
                                                     3. Scope of the Order
                                                                                                          and a nonconfidential version of the
                                                                                                          comments (identified as such) should be                     Marketing, Chelan, WA
                                                     4. Discussion of the Methodology
                                                     5. Conclusion                                        included. Any comments not marked as                  3. Apple House Warehouse & Storage,
                                                                                                          privileged or confidential business                         Inc., Brewster, WA
                                                  [FR Doc. 2016–18779 Filed 8–5–16; 8:45 am]
                                                                                                          information will be deemed to be                      4. Apple King, L.L.C., Yakima, WA
                                                  BILLING CODE 3510–DS–P                                                                                        5. Auvil Fruit Co., Inc., Orondo, WA
                                                                                                          nonconfidential.
                                                                                                             An original and five (5) copies, plus              6. Baker Produce, Inc., Kennewick, WA
                                                                                                          two (2) copies of the nonconfidential                 7. Blue Bird, Inc., Peshastin, WA
                                                  DEPARTMENT OF COMMERCE                                                                                        8. Blue Star Growers, Inc., Cashmere,
                                                                                                          version, should be submitted no later
                                                  International Trade Administration                      than 20 days after the date of this notice                  WA
                                                                                                          to: Export Trading Company Affairs,                   9. Borton & Sons, Inc., Yakima, WA
                                                  [Application No. 84–27A12]                              International Trade Administration,                   10. Brewster Heights Packing &
                                                                                                          U.S. Department of Commerce, Room                           Orchards, LP, Brewster, WA
                                                  Export Trade Certificate of Review                      21028, Washington, DC 20230.                          11. Broetje Orchards LLC, Prescott, WA
                                                  AGENCY: International Trade                                Information submitted by any person                12. C.M. Holtzinger Fruit Co., Inc.,
                                                  Administration, Department of                           is exempt from disclosure under the                         Yakima, WA
                                                  Commerce.                                               Freedom of Information Act (5 U.S.C.                  13. Chelan Fruit Cooperative, Chelan,
                                                                                                          552). However, nonconfidential versions                     WA
                                                  ACTION: Notice of Application for an
                                                                                                          of the comments will be made available                14. Chiawana, Inc. dba Columbia Reach
                                                  Amended Export Trade Certificate of
                                                                                                          to the applicant if necessary for                           Pack, Yakima, WA
                                                  Review by Northwest Fruit Exporters,
                                                                                                          determining whether or not to issue the               15. Columbia Fruit Packers, Inc.,
                                                  Application No. 84–27A12.
                                                                                                          amended Certificate. Comments should                        Wenatchee, WA
                                                  SUMMARY:    The Secretary of Commerce,                  refer to this application as ‘‘Export                 16. Columbia Fruit Packers/Airport
                                                  through the International Trade                         Trade Certificate of Review, application                    Division, Wenatchee, WA
                                                  Administration, Office of Trade and                     number 84–27A12.’’                                    17. Columbia Marketing International
                                                  Economic Analysis (OTEA), has                              A summary of the current application                     Corp., Wenatchee, WA
                                                  received an application for an amended                  follows.                                              18. Columbia Valley Fruit, L.L.C.,
                                                  Export Trade Certificate of Review                      Summary of the Application                                  Yakima, WA
                                                  (‘‘Certificate’’) from Northwest Fruit                                                                        19. Congdon Packing Co. L.L.C.,
                                                                                                            Applicant: Northwest Fruit Exporters,                     Yakima, WA
                                                  Exporters. This notice summarizes the                   105 South 18th Street, Suite 227,
                                                  proposed amendment and seeks public                                                                           20. Conrad & Adams Fruit L.L.C.,
                                                                                                          Yakima, WA 98901.                                           Grandview, WA
                                                  comments on whether the amended                           Contact: Fred Scarlett, Manager, (509)
                                                  Certificate should be issued.                                                                                 21. Cowiche Growers, Inc., Cowiche,
                                                                                                          576–8004.                                                   WA
                                                  FOR FURTHER INFORMATION CONTACT:                          Application No.: 84–27A12.
                                                                                                            Date Deemed Submitted: July 25,                     22. CPC International Apple Company,
                                                  Joseph E. Flynn, Director, Office of
                                                                                                          2016.                                                       Tieton, WA
                                                  Trade and Economic Analysis,
                                                                                                            Proposed Amendment: Northwest                       23. Crane & Crane, Inc., Brewster, WA
                                                  International Trade Administration, by
                                                                                                          Fruit Exporters seeks to amend its                    24. Custom Apple Packers, Inc., Quincy,
                                                  telephone at (202) 482–5131 (this is not
                                                                                                          Certificate as follows:                                     and Wenatchee, WA
                                                  a toll-free number) or email at
                                                                                                            1. Add the following companies as                   25. Diamond Fruit Growers, Odell, OR
                                                  etca@trade.gov.
                                                                                                          new Members of the Certificate within                 26. Domex Superfresh Growers LLC,
                                                  SUPPLEMENTARY INFORMATION:     Title III of             the meaning of section 325.2(l) of the                      Yakima, WA
                                                  the Export Trading Company Act of                       Regulations (15 CFR 325.2(l)), for Export             27. Douglas Fruit Company, Inc., Pasco,
                                                  1982 (15 U.S.C. 4001–21) authorizes the                 Trade Activities and Methods of                             WA
                                                  Secretary of Commerce to issue Export                   Operation relating to apples (A):                     28. Dovex Export Company, Wenatchee,
                                                  Trade Certificates of Review. An Export                                                                             WA
                                                                                                          • Legacy Fruit Packers LLC—Wapato,
                                                  Trade Certificate of Review protects the                                                                      29. Duckwall Fruit, Odell, OR
                                                                                                            WA
                                                  holder and the members identified in                                                                          30. E. Brown & Sons, Inc., Milton-
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the Certificate from State and Federal                    2. Remove the following companies as                      Freewater, OR
                                                  government antitrust actions and from                   Members of the Certificate:                           31. Evans Fruit Co., Inc., Yakima, WA
                                                  private treble damage antitrust actions                 • Garrett Ranches Packing—Wilder, ID                  32. E.W. Brandt & Sons, Inc., Parker,
                                                  for the export conduct specified in the                 • Ron Lefore d/b/a LeFore Apple                             WA
                                                  Certificate and carried out in                            Farms—Milton-Freewater, OR                          33. Frosty Packing Co., LLC, Yakima,
                                                  compliance with its terms and                             3. Change the product listing for the                     WA
                                                  conditions. Section 302(b)(1) of the                    following existing Members:                           34. G&G Orchards, Inc., Yakima, WA


                                             VerDate Sep<11>2014   22:23 Aug 05, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1



Document Created: 2016-08-06 03:07:55
Document Modified: 2016-08-06 03:07:55
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 August 8, 2016.
ContactMichael J. Heaney or Robert James, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482- 0649, respectively.
FR Citation81 FR 52403 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR