82 FR 1317 - Certain Preserved Mushrooms From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 3 (January 5, 2017)

The Department of Commerce (Department) published its Preliminary Rescission for the new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People's Republic of China on August 8, 2016. The period of review (POR) is February 1, 2015, through July 31, 2015. For the final results of this review, as discussed below, we continue to find that the single U.S. sale made by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) during the POR is not bona fide. Because any weighted average dumping margins calculated in a NSR must be based solely on bona fide sales, we are rescinding this NSR.

[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1317-1318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) published its 
Preliminary Rescission for the new shipper review (NSR) of the 
antidumping duty order on certain preserved mushrooms from the People's 
Republic of China on August 8, 2016. The period of review (POR) is 
February 1, 2015, through July 31, 2015. For the final results of this 
review, as discussed below, we continue to find that the single U.S. 
sale made by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) during 
the POR is not bona fide. Because any weighted average dumping margins 
calculated in a NSR must be based solely on bona fide sales, we are 
rescinding this NSR.

DATES: Effective January 5, 2017.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Erin Kearney, 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) 482-0167 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 8, 2016, the Department of Commerce (Department) 
published its Preliminary Rescission for the NSR of the antidumping 
duty order on certain preserved mushrooms from the People's Republic of 
China.\1\ For a complete description of the events that followed the 
publication of the Preliminary Rescission, see the Issues and Decision 
Memorandum.\2\ The Issues and 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 in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \1\ See Certain Preserved Mushrooms from the People's Republic 
of China: Preliminary Rescission of 2015 Antidumping Duty New 
Shipper Review, 81 FR 52403 (August 8, 2016) (Preliminary 
Rescission); see also Certain Preserved Mushrooms from the People's 
Republic of China: Notice of Amendment of Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order, 64 FR 8308 
(February 19, 1999) (Order).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
entitled ``Certain Preserved Mushrooms from the People's Republic of 
China: Issues and Decision Memorandum for the Final Rescission,'' 
issued concurrently with and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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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.\3\
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    \3\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised is attached to this notice as an Appendix.

Rescission of New Shipper Review

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Yuqiao's single U.S. sale during the POR, and preliminarily 
found it was not a bona fide sale.\4\ In Yuqiao's case brief, Yuqiao 
submitted comments on the Department's bona fides analysis.\5\ In this 
final rescission, we have analyzed Yuqiao's comments and continue to 
determine that Yuqiao's single U.S. sale is non-bona fide. Therefore, 
the Department is rescinding this NSR. For a complete discussion, see 
the Issues and Decision Memorandum.
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    \4\ See Preliminary Rescission; see also Memorandum from Michael 
J. Heaney to Scot Fullerton, Re: 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., dated August 2, 2016.
    \5\ See Letter from Linyi Yuqiao International Trade Co., Ltd. 
Re: Certain Preserved Mushrooms from the People's Republic of China; 
Yuqiao's Comments on the Department's Preliminary Rescission, dated 
September 7, 2016.
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Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Yuqiao. 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 in part with the POR of this NSR.\6\ Thus, we 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend subject merchandise exported by Yuqiao and

[[Page 1318]]

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.
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    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20338-20240 (April 7, 2016).
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Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Yuqiao, the Department will instruct U.S. Customs and Border 
Protection to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise from Yuqiao. 
Because we did not calculate a dumping margin for Yuqiao or grant 
Yuqiao a separate rate in this NSR, Yuqiao continues to be part of the 
PRC-wide entity. The cash deposit rate applicable to the PRC-wide 
entity is 308.33 percent. The current cash deposit requirements shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether the Department Properly Weighed the Bona Fide 
Criteria Established Under Section 751(a)(2)(B)(iv) of the Statute
    Comment 2: Analysis of Sales Quantity, Timing, and Payment of 
Yuqiao's Sale
    Comment 3: Analysis of the Behavior of Yuqiao, Yuqiao's 
Importer, and Yuqiao's Supplier
V. Recommendation

[FR Doc. 2016-31992 Filed 1-4-17; 8:45 am]
 BILLING CODE 3510-DS-P