82 FR 12564 - Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 42 (March 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 42 (March 6, 2017)
| Page Range | 12564-12566 | |
| FR Document | 2017-04281 |
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)] [Notices] [Pages 12564-12566] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04281] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-851] Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (the PRC). The period of review (POR) is February 1, 2015, through January 31, 2016. The Department preliminarily determines that, during the POR, one mandatory respondent, Dezhou Kaihang Agricultural Science Technology Co. Ltd. (Dezhou Kaihang) did not sell subject merchandise below normal value (NV). We also preliminarily determine that the other mandatory respondent, Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa) has not demonstrated its eligibility for a separate rate and is, therefore, part of the PRC-wide entity. We preliminarily determine that the following companies had no reviewable shipments during the POR: (1) Zhangzhou Hongda Import & Export Trading Co., Ltd. (Hongda); and (2) Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian and Zhangzhou Gangchang Canned Foods Co., Ltd. (collectively, Gangchang). Finally, we preliminarily find that the remaining 98 companies under review did not demonstrate their eligibility for a separate rate and are part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results. DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475. Background On February 19, 1999, the Department published in the Federal Register the antidumping duty order on certain preserved mushrooms from the PRC.\1\ On February 3, 2016, the Department published in the Federal Register an opportunity to request an administrative review of the Order.\2\ On April 7, 2016, the Department published in the Federal Register a notice of initiation of this review, covering 103 separately-named companies.\3\ On June 17, 2016, the Department selected Dezhou Kaihang and Kangfa as mandatory respondents and issued antidumping questionnaires to these companies.\4\ Dezhou Kaihang timely submitted questionnaire responses, but Kangfa did not respond to the Department's request for information. --------------------------------------------------------------------------- \1\ See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from the People's Republic of China, 64 FR 8308 (February 19, 1999) (the Order). \2\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 5712 (February 3, 2016). \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation Notice). \4\ See Memorandum entitled, ``Administrative Review of the Antidumping Duty Order on Certain Preserved Mushrooms from the People's Republic of China,'' dated June 17, 2016. --------------------------------------------------------------------------- Scope of the Order The products covered by this order are certain preserved mushrooms. 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.\5\ --------------------------------------------------------------------------- \5\ For a complete description of the scope of the order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Certain Preserved Mushrooms from the People's Republic of China: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2015-2016,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Two companies that received a separate rate in previous segments of the proceeding and are subject to this review, Hongda and Gangchang,\6\ certified that they did not have any exports of subject merchandise during the POR.\7\ We requested that U.S. [[Page 12565]] Customs and Border Protection (CBP) report any contrary information regarding these certifications.\8\ To date, we have received no evidence that these companies had any shipments of the subject merchandise sold to the United States during the POR. Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to these companies but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of review.\9\ --------------------------------------------------------------------------- \6\ In the company certification of no shipments, the names ``Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian'' and ``Zhangzhou Gangchang Canned Foods Co., Ltd.'' are used interchangeably. When a similar issue arose during an earlier new shipper review, counsel clarified that the correct name of the company is ``Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian.'' See Certain Preserved Mushrooms from the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews 74 FR 14772 (April 1, 2009) unchanged at Certain Preserved Mushrooms from the People's Republic of China: Final Results of Antidumping Duty New Shipper Reviews 74 FR 28882 (June 18, 2009). Nonetheless, in a subsequent administrative review, we identified the company as ``Zhangzhou Gangchang Canned Foods Co., Ltd.'' See Certain Preserved Mushrooms from the People's Republic of China; Final Results of Administrative Review, 80 FR 32355 (June 8, 2015). In light of this interchangeable treatment, to avoid any confusion, we are including both name variations in our preliminary finding of no shipments. \7\ See Letters from Zhangzhou Gangchang Canned Foods Co., Ltd., and Zhangzhou Hongda Import & Export Trading Co., Ltd., dated May 6, 2016. One additional company, Zhejiang Jinhua Jinli Mushroom Co., Ltd., also filed a no-shipment certification; however, because this company did not have a separate rate in previous segments of this proceeding and did not submit a separate rate application, we have continued to include this company in the PRC-wide entity. \8\ See CBP message numbers 7047304 and 7047303, dated February 16, 2016. \9\ See, e.g., Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011). --------------------------------------------------------------------------- Separate Rates The Department preliminarily determines that the information placed on the record by Dezhou Kaihang demonstrates that Dezhou Kaihang is entitled to separate rate status.\10\ No other parties submitted separate rate information in this review. --------------------------------------------------------------------------- \10\ See Preliminary Decision Memorandum, at ``Discussion of the Methodology'' section. --------------------------------------------------------------------------- PRC-Wide Entity The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.\11\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, nor did the Department self-initiate a review of the PRC-wide entity, the entity is not under review and the entity's rate (i.e., 308.33 percent) is not subject to change.\12\ Aside from Dezhou Kaihang and the no shipments companies discussed above, the Department considers all other companies for which a review was requested (which did not file a separate rate application or separate rate certfication) to be part of the PRC wide entity.\13\ --------------------------------------------------------------------------- \11\ 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). \12\ See, e.g., Certain Preserved Mushrooms from the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review 80 FR 32355, 32357 (June 8, 2015). \13\ See Initiation Notice, 81 FR at 20325 (``All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below.''). Companies that are subject to this administrative review that are considered to be part of the PRC-wide entity are: (1) Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd., (3) Blue Field (Sichuan) Food Industrial Co., Ltd., (4) Cargo Services (China) Limited, (5) Casia Global Logistics Co., Ltd., (6) Changzhou Chen Rong-Da Carpet Co., Ltd., (7) Chaoda Mushroom Co., Ltd., (8) China National Cereals, Oil & Foodstuffs Import & Export Corp., (9) China Processed Food Import & Export Co., (10) Dalian New Century Food Co., Ltd., (11) DHL ISC (Hong Kong) Limited, (12) DSV Air Sea Co., Ltd., (13) Dujiangyan Xingda Foodstuff Co., Ltd., (14) Ever Since Group Co., Ltd., (15) Fujian Blue Lake Foods Co., Ltd., (16) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., (17) Fujian Haishan Foods Co., Ltd., (18) Fujian Pinghe Baofeng Canned Foods, (19) Fujian Tongfa Foods Group Co., Ltd., (20) Fujian Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd., (21) Fujian Zishan Group Co., Ltd., (22) Golden Banyan Foodstuffs Industry Co., Ltd., (23) Guangxi Eastwing Trading Co., Ltd., (24) Guangxi Hengyong Industrial & Commerical Dev. Ltd., (25) Guangxi Jisheng Foods, Inc., (26) Hangzhou Happy Green Co., Ltd., (27) Hoa Mai Food Company Limited, (28) Honour Lane Shipping Ltd., (29) Inter-Foods (Dongshan) Co., Ltd., (30) Jeenhuat Foodstuffs Industries Sdn. Bhd., (31) Jewell International Corporation, (32) Jiangxi Cereals Oils Foodstuffs, (33) Jin Feng Food Co., Ltd., (34) Joy Foods (Zhangzhou) Co., Ltd., (35) Kuehne & Nagel Limited Xiamen Branch, (36) LF Logistics Co., Ltd., (37) Kangfa, (38) Linyi Yuqiao International Trade Co., Ltd., (39) Logistics THL Corp., (40) Longhai Guangfa Food Co., Ltd, (41) Mikado Food China Co., Ltd., (42) Nam Phuong International Co., Ltd., (43) Nam Tien Production & Export Co., Ltd., (44) Omni Ringo Business Ltd., (45) OOCL Logistics Ltd., (46) Orient Express Container Co., Ltd., (47) Paifu Enterprise Corporation, (48) Panalpina World Transport (PRC) Ltd., (49) Philippine Haofeng Food Corporation, (50) Primera Harvest (Xiangfan) Co., Ltd., (51) PT. Apex Maritim Indonesia, (52) PT. Eka Timur Raya (Etira Mushrooms), (53) PT. Suryajaya Abadi Perkasa, (54) Pudong Prime International Logistics Inc., (55) Seahorse Shipping Corporation, (56) Shandong Fengyu Edible Fungus Corporation Ltd., (57) Shandong Jiufa Edible Fungus Corporation, Ltd., (58) Shandong Xinfa Agricultural Science Corporation Ltd., (59) Shandong Yinfeng Rare Fungus Corporation, Ltd., (60) Shanghai Best Wholesome Economy & Trade Co., Ltd., (61) Shenzhen Syntrans International Logistics Co., Ltd., (62) Shouguang Sunrise Industry & Commerce Co., Ltd., (63) Shundi Foods Co., Ltd. (64) Speedier Logistics Co., Ltd., (65) Success Program International Transport J. S.C., (66) Sun Mark Industrial Corp., (67) Sun VN Transport Corp., (68) Sun Wave Trading Co., Ltd., (69) Sun Wave & Trading Co., Ltd., (70) Sunrise Food Industry & Commerce, (71) Thuy Duong Transport and Trading Service JSC, (72) Tianjin Fulida Supply Co., Ltd., (73) Woo Sun Food Factory Co., (74) Xiamen Aukking Imp. & Exp. Co., Ltd., (75) Xiamen Carre Food Co., Ltd., (76) Xiamen Choice Harvest Imp., (77) Xiamen Greenland Import & Export Co., Ltd., (78) Xiamen Gulong Imp. & Exp. Co., Ltd., (79) Xiamen Gulong Import & Export Co., Ltd., (80) Xiamen Huamin Import & Export Co., Ltd., (81) Xiamen International Trade & Industrial Co., Ltd., (82) Xiamen Jiahua Import & Export Trading Co., Ltd., (83) Xiamen Lian Fang Industry Co., Ltd., (84) Xiamen Longstar Lighting Co., Ltd., (85) Xiamen Longhuai Import & Export Co., Ltd., (86) Xiamen Sungiven Import & Export Co., Ltd., (87) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (88) Zhangzhou Long Mountain Foods Co., Ltd., (89) Zhangzhou Longhai Minhui Industry & Trade Co. Ltd., (90) Zhangzhou Tan Co. Ltd. Fujian, China, (91) Zhangzhou Tan Co., Ltd., (92) Zhangzhou Tongfa Foods Industry Co., Ltd., (93) Zhangzhou Xiangcheng Rainbow & Greenland Food Co., Ltd., (94) Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., (95) Zhangzhou Yuxing Import & Export Trading Co., Ltd., (96) Zhejiang Jinhua Jinli Mushroom Co., Ltd., (97) Zhejiang Iceman Food Co., Ltd., (98) Zhejiang Iceman Group Co., Ltd., and (99) Zhongshan Magic Foodstuff Co., Ltd. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Act. For Dezhou Kaihang, export price was calculated in accordance with section 772(a) of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. Because Kangfa did not demonstrate its elibility for a separate rate, we treated it as part of the PRC-wide entity. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 to all parties 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 on the internet at http://enforcement.trade.gov/frn/index.html. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margin exists: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Dezhou Kaihang Agricultural Science Technology Co. Ltd..... 0.00 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.\14\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to [[Page 12566]] submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\15\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the cases briefs are filed.\16\ --------------------------------------------------------------------------- \14\ See 19 CFR 351.309(c)(1)(ii). \15\ See 19 CFR 351.309(c)(2). \16\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\17\ Hearing requests should contain (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Unless extended, the Department intends to issue the final results of this review, including the results of its analysis of issues raised by parties in their comments, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). --------------------------------------------------------------------------- \17\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Assessment Rates Upon issuing the final results of review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\18\ If Dezhou Kaihang's weighted- average dumping margin is above de minimis (i.e., 0.5 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the Department will apply the assessment rate calculation method adopted in Final Modification for Reviews.\19\ Where an importer-specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\20\ --------------------------------------------------------------------------- \18\ See 19 CFR 351.212(b)(1). \19\ See Antidumping Proceeding: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews). \20\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review 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 of 308.33 percent.\21\ The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review. --------------------------------------------------------------------------- \21\ See Certain Preserved Mushrooms from the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review, 80 FR 32355, 32357 (June 8, 2015). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by Dezhou Kaihang, the cash deposit rate will be that established in the final results of review (except, if the rate is zero or de minimis, then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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 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 doubled antidumping duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: February 28, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rates C. Surrogate Country VI. Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. U.S. Price D. Normal Value E. Factor Valuations VII. Currency Conversion VIII. Recommendation [FR Doc. 2017-04281 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
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above for each of the respective SUMMARY: The Department of Commerce the Department selected Dezhou
companies shown above, on shipments (the Department) is conducting an Kaihang and Kangfa as mandatory
of subject merchandise entered, or administrative review of the respondents and issued antidumping
withdrawn from warehouse, for antidumping duty order on certain questionnaires to these companies.4
consumption on or after the date of preserved mushrooms from the People’s Dezhou Kaihang timely submitted
publication of the final results of this Republic of China (the PRC). The period questionnaire responses, but Kangfa did
review. For all non-reviewed firms, we of review (POR) is February 1, 2015, not respond to the Department’s request
will instruct CBP to continue to collect through January 31, 2016. The for information.
cash deposits at the most-recent Department preliminarily determines
Scope of the Order
company-specific or all-others rate that, during the POR, one mandatory
applicable to the company, as respondent, Dezhou Kaihang The products covered by this order
appropriate. These cash deposit Agricultural Science Technology Co. are certain preserved mushrooms. The
requirements, when imposed, shall Ltd. (Dezhou Kaihang) did not sell merchandise subject to this order is
remain in effect until further notice. subject merchandise below normal classifiable under subheadings:
These preliminary results are issued value (NV). We also preliminarily 2003.10.0127, 2003.10.0131,
and published in accordance with determine that the other mandatory 2003.10.0137, 2003.10.0143,
sections 751(a)(1) and 777(i)(1) of the respondent, Linyi City Kangfa Foodstuff 2003.10.0147, 2003.10.0153, and
Act, and 19 CFR 351.221(b)(4). Drinkable Co., Ltd. (Kangfa) has not 0711.51.0000 of the Harmonized Tariff
demonstrated its eligibility for a Schedule of the United States (HTSUS).
Dated: February 28, 2017.
separate rate and is, therefore, part of Although the HTSUS subheadings are
Ronald K. Lorentzen, provided for convenience and Customs
the PRC-wide entity. We preliminarily
Acting Assistant Secretary for Enforcement purposes, the written description of the
determine that the following companies
and Compliance. scope of this order is dispositive.5
had no reviewable shipments during the
Appendix I—List of Topics Discussed in POR: (1) Zhangzhou Hongda Import & Preliminary Determination of No
the Preliminary Decision Memorandum Export Trading Co., Ltd. (Hongda); and Shipments
I. Summary (2) Zhangzhou Gangchang Canned
Foods Co., Ltd., Fujian and Zhangzhou Two companies that received a
II. Background separate rate in previous segments of the
III. Intent To Partially Rescind Review Gangchang Canned Foods Co., Ltd.
IV. Non-Selected Companies Under Review (collectively, Gangchang). Finally, we proceeding and are subject to this
V. Scope of the Order preliminarily find that the remaining 98 review, Hongda and Gangchang,6
VI. Application of the Countervailing Duty companies under review did not certified that they did not have any
Law to Imports From the PRC demonstrate their eligibility for a exports of subject merchandise during
VII. Diversification of the PRC’s Economy separate rate and are part of the PRC- the POR.7 We requested that U.S.
VIII. Subsidy Valuation
IX. Interest Rate Benchmarks, Discount Rates,
wide entity. Interested parties are 4 See Memorandum entitled, ‘‘Administrative
Input, Electricity, and Land Benchmarks invited to comment on these Review of the Antidumping Duty Order on Certain
X. Use of Facts Otherwise Available and preliminary results. Preserved Mushrooms from the People’s Republic
Adverse Inferences DATES: Effective March 6, 2017. of China,’’ dated June 17, 2016.
XI. Analysis of Programs FOR FURTHER INFORMATION CONTACT:
5 For a complete description of the scope of the
XII. Verification order, see Memorandum from James Maeder, Senior
Michael J. Heaney, AD/CVD Operations, Director, Office I, for Antidumping and
XIII. Disclosure and Public Comment
Office VI, Enforcement and Compliance, Countervailing Duty Operations, to Ronald K.
XIV. Conclusion
International Trade Administration, Lorentzen, Acting Assistant Secretary for
Appendix II—Non-Selected Companies U.S. Department of Commerce, 1401 Enforcement and Compliance, ‘‘Certain Preserved
Mushrooms from the People’s Republic of China:
Under Review Constitution Avenue NW., Washington, Decision Memorandum for Preliminary Results of
1. Chint Solar (Zhejiang) Co., Ltd. DC 20230; telephone: (202) 482–4475. Antidumping Duty Administrative Review; 2015–
2. Hefei JA Solar Technology Co., Ltd. 2016,’’ dated concurrently with, and hereby
Background adopted by, this notice (Preliminary Decision
3. Perlight Solar Co., Ltd.
On February 19, 1999, the Department Memorandum).
4. Risen Energy Co., Ltd. 6 In the company certification of no shipments,
5. Shanghai JA Solar Technology Co., Ltd. published in the Federal Register the
the names ‘‘Zhangzhou Gangchang Canned Foods
6. Shenzhen Sungold Solar Co., Ltd. antidumping duty order on certain Co., Ltd., Fujian’’ and ‘‘Zhangzhou Gangchang
7. Sunny Apex Development Limited preserved mushrooms from the PRC.1 Canned Foods Co., Ltd.’’ are used interchangeably.
[FR Doc. 2017–04267 Filed 3–3–17; 8:45 am] On February 3, 2016, the Department When a similar issue arose during an earlier new
published in the Federal Register an shipper review, counsel clarified that the correct
BILLING CODE 3510–DS–P name of the company is ‘‘Zhangzhou Gangchang
opportunity to request an administrative Canned Foods Co., Ltd., Fujian.’’ See Certain
review of the Order.2 On April 7, 2016, Preserved Mushrooms from the People’s Republic of
DEPARTMENT OF COMMERCE the Department published in the China: Preliminary Results of Antidumping Duty
Federal Register a notice of initiation of New Shipper Reviews 74 FR 14772 (April 1, 2009)
unchanged at Certain Preserved Mushrooms from
International Trade Administration this review, covering 103 separately- the People’s Republic of China: Final Results of
[A–570–851] named companies.3 On June 17, 2016, Antidumping Duty New Shipper Reviews 74 FR
28882 (June 18, 2009). Nonetheless, in a subsequent
1 See Notice of Amendment of Final administrative review, we identified the company
Certain Preserved Mushrooms From as ‘‘Zhangzhou Gangchang Canned Foods Co., Ltd.’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Determination of Sales at Less Than Fair Value and
the People’s Republic of China: Antidumping Duty Order: Certain Preserved See Certain Preserved Mushrooms from the People’s
Preliminary Results of Antidumping Mushrooms from the People’s Republic of China, 64 Republic of China; Final Results of Administrative
Duty Administrative Review and FR 8308 (February 19, 1999) (the Order). Review, 80 FR 32355 (June 8, 2015). In light of this
2 See Antidumping or Countervailing Duty Order, interchangeable treatment, to avoid any confusion,
Preliminary Determination of No we are including both name variations in our
Finding, or Suspended Investigation; Opportunity
Shipments; 2015–2016 To Request Administrative Review, 81 FR 5712 preliminary finding of no shipments.
(February 3, 2016). 7 See Letters from Zhangzhou Gangchang Canned
AGENCY: Enforcement and Compliance, 3 See Initiation of Antidumping and Foods Co., Ltd., and Zhangzhou Hongda Import &
International Trade Administration, Countervailing Duty Administrative Reviews, 81 FR Export Trading Co., Ltd., dated May 6, 2016. One
Department of Commerce. 20324 (April 7, 2016) (Initiation Notice). additional company, Zhejiang Jinhua Jinli
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12606/page/1.svg)
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submit with each argument: (1) A For entries that were not reported in antidumping duties occurred and the
statement of the issue; (2) a brief the U.S. sales databases submitted by subsequent assessment of doubled
summary of the argument; and (3) a exporters individually examined during antidumping duties.
table of authorities.15 Rebuttal briefs, this review, the Department will We are issuing and publishing these
limited to issues raised in the case instruct CBP to liquidate such entries at preliminary results in accordance with
briefs, may be filed no later than five the PRC-wide rate. In addition, if the sections 751(a)(1) and 777(i)(1) of the
days after the cases briefs are filed.16 Department determines that an exporter Act and 19 CFR 351.213.
Interested parties who wish to request under review had no shipments of the Dated: February 28, 2016.
a hearing must submit a written request subject merchandise, any suspended
Ronald K. Lorentzen,
to the Assistant Secretary for entries that entered under that
exporter’s case number (i.e., at that Acting Assistant Secretary for Enforcement
Enforcement and Compliance, U.S. and Compliance.
Department of Commerce, filed exporter’s rate) will be liquidated at the
electronically using ACCESS. An PRC-wide rate of 308.33 percent.21 The Appendix
electronically filed document must be Department intends to issue appropriate
List of Topics Discussed in the Preliminary
assessment instructions directly to CBP
received successfully in its entirety by Decision Memorandum
15 days after publication of the final
the Department’s ACCESS by 5:00 p.m. I. Summary
results of review.
Eastern Time within 30 days after the II. Background
date of publication of this notice.17 Cash Deposit Requirements III. Scope of the Order
Hearing requests should contain (1) the IV. Preliminary Determination of No
The following cash deposit Shipments
party’s name, address, and telephone requirements will be effective upon
number; (2) the number of participants; V. Discussion of the Methodology
publication of the final results of this A. Non-Market Economy Country Status
and (3) a list of issues to be discussed. administrative review for shipments of B. Separate Rates
Issues raised in the hearing will be the subject merchandise from the PRC C. Surrogate Country
limited to those raised in the respective entered, or withdrawn from warehouse, VI. Fair Value Comparisons
case briefs. Unless extended, the for consumption on or after the A. Determination of Comparison Method
Department intends to issue the final publication date, as provided by section B. Results of the Differential Pricing
results of this review, including the 751(a)(2)(C) of the Act: (1) For subject Analysis
results of its analysis of issues raised by merchandise exported by Dezhou C. U.S. Price
parties in their comments, within 120 D. Normal Value
Kaihang, the cash deposit rate will be E. Factor Valuations
days after the publication of these that established in the final results of VII. Currency Conversion
preliminary results, pursuant to section review (except, if the rate is zero or de VIII. Recommendation
751(a)(3)(A) of the Act and 19 CFR minimis, then the cash deposit rate will
351.213(h)(1). [FR Doc. 2017–04281 Filed 3–3–17; 8:45 am]
be zero for that exporter); (2) for
BILLING CODE 3510–DS–P
Assessment Rates previously investigated or reviewed PRC
and non-PRC exporters not listed above
Upon issuing the final results of that received a separate rate in a prior DEPARTMENT OF COMMERCE
review, the Department will determine, segment of this proceeding, the cash
and CBP shall assess, antidumping deposit rate will continue to be the National Oceanic and Atmospheric
duties on all appropriate entries covered existing exporter-specific rate; (3) for all Administration
by this review.18 If Dezhou Kaihang’s PRC exporters of subject merchandise
weighted-average dumping margin is that have not been found to be entitled
RIN 0648–XF265
above de minimis (i.e., 0.5 percent) in to a separate rate, the cash deposit rate
the final results of this review, we will will be that for the PRC-wide entity; and New England Fishery Management
calculate an importer-specific (4) for all non-PRC exporters of subject Council; Public Meeting
assessment rate on the basis of the ratio merchandise which have not received
of the total amount of dumping their own rate, the cash deposit rate will AGENCY: National Marine Fisheries
calculated for the importer’s examined be the rate applicable to the PRC Service (NMFS), National Oceanic and
sales and the total entered value of those exporter that supplied that non-PRC Atmospheric Administration (NOAA),
sales in accordance with 19 CFR exporter. These deposit requirements, Commerce.
351.212(b)(1). Specifically, the when imposed, shall remain in effect ACTION: Notice; public meeting.
Department will apply the assessment until further notice.
rate calculation method adopted in Notification to Importers SUMMARY: The New England Fishery
Final Modification for Reviews.19 Where Management Council (Council) is
This notice serves as a preliminary scheduling a public meeting of its
an importer-specific ad valorem rate is
reminder to importers of their Research Steering Committee to
zero or de minimis, we will instruct CBP
responsibility under 19 CFR consider actions affecting New England
to liquidate appropriate entries without
351.402(f)(2) to file a certificate fisheries in the exclusive economic zone
regard to antidumping duties.20
regarding the reimbursement of (EEZ). Recommendations from this
15 See
antidumping duties prior to liquidation group will be brought to the full Council
19 CFR 351.309(c)(2).
of the relevant entries during this POR.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
16 See 19 CFR 351.309(d). for formal consideration and action, if
17 See 19 CFR 351.310(c).
Failure to comply with this requirement appropriate.
18 See 19 CFR 351.212(b)(1). could result in the Department’s
19 See Antidumping Proceeding: Calculation of presumption that reimbursement of DATES: This meeting will be held on
the Weighted-Average Dumping Margin and Thursday, March 23, 2017 at 9:30 a.m.
Assessment Rate in Certain Antidumping Duty 21 See Certain Preserved Mushrooms from the
ADDRESSES: The meeting will be held at
Proceedings; Final Modification, 77 FR 8103 People’s Republic of China; Final Results of
(February 14, 2012) (Final Modification for Antidumping Duty Administrative Review; 2013–
the Hilton Garden Inn, 100 Boardman
Reviews). 2014; and Partial Rescission of Review, 80 FR Street, Boston, MA 02128; telephone:
20 See 19 CFR 351.106(c)(2). 32355, 32357 (June 8, 2015). (617) 567–6789.
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12606/page/3.svg)
Document Created: 2017-03-04 00:06:14
Document Modified: 2017-03-04 00:06:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 6, 2017. | |
| Contact | Michael J. Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475. | |
| FR Citation | 82 FR 12564 |
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