82_FR_1320 82 FR 1317 - Certain Preserved Mushrooms From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2015

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)

Page Range1317-1318
FR Document2016-31992

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 Issue 3 (Thursday, January 5, 2017) 
[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

Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices 1317 Public comment is invited from Background packed in a heavy salt solution to interested parties. Submissions shall be On August 8, 2016, the Department of provisionally preserve them for further addressed to the FTZ Board’s Executive Commerce (Department) published its processing. The merchandise subject to Secretary at the address below. The Preliminary Rescission for the NSR of this order is classifiable under closing period for their receipt is the antidumping duty order on certain subheadings: 2003.10.0127, February 14, 2017. preserved mushrooms from the People’s 2003.10.0131, 2003.10.0137, A copy of the notification will be Republic of China.1 For a complete 2003.10.0143, 2003.10.0147, available for public inspection at the description of the events that followed 2003.10.0153, and 0711.51.0000 of the Office of the Executive Secretary, the publication of the Preliminary Harmonized Tariff Schedule of the Foreign-Trade Zones Board, Room Rescission, see the Issues and Decision United States (HTSUS). Although the 21013, U.S. Department of Commerce, Memorandum.2 The Issues and Decision HTSUS subheadings are provided for 1401 Constitution Avenue NW., Memorandum is a public document and convenience and Customs purposes, the Washington, DC 20230–0002, and in the is on file electronically via Enforcement written description of the scope of this ‘‘Reading Room’’ section of the FTZ and Compliance’s Antidumping and order is dispositive.3 Board’s Web site, which is accessible Countervailing Duty Centralized Analysis of Comments Received via www.trade.gov/ftz. Electronic Service System (ACCESS). For further information, contact Diane All issues raised in the case briefs by ACCESS is available to registered users Finver at Diane.Finver@trade.gov or parties are addressed in the Issues and at http://access.trade.gov and in the (202) 482–1367. Decision Memorandum. A list of the Central Records Unit, Room B8024 of issues which parties raised is attached Dated: December 28, 2016. the main Department of Commerce to this notice as an Appendix. Elizabeth Whitman, building. In addition, a complete Acting Executive Secretary. version of the Issues and Decision Rescission of New Shipper Review Memorandum can be accessed directly For the Preliminary Rescission, the [FR Doc. 2016–32027 Filed 1–4–17; 8:45 am] at http://enforcement.trade.gov/frn/ Department analyzed the bona fides of BILLING CODE 3510–DS–P index.html. The signed Issues and Yuqiao’s single U.S. sale during the Decision Memorandum and the POR, and preliminarily found it was not electronic version of the Issues and a bona fide sale.4 In Yuqiao’s case brief, DEPARTMENT OF COMMERCE Decision Memorandum are identical in Yuqiao submitted comments on the International Trade Administration content. Department’s bona fides analysis.5 In Scope of the Order this final rescission, we have analyzed [A–570–851] Yuqiao’s comments and continue to The products covered by this order determine that Yuqiao’s single U.S. sale Certain Preserved Mushrooms From are certain preserved mushrooms, is non-bona fide. Therefore, the the People’s Republic of China: Final whether imported whole, sliced, diced, Department is rescinding this NSR. For Rescission of Antidumping Duty New or as stems and pieces. The certain a complete discussion, see the Issues Shipper Review; 2015 preserved mushrooms covered under and Decision Memorandum. this order are the species Agaricus AGENCY: Enforcement and Compliance, bisporus and Agaricus bitorquis. Assessment International Trade Administration, ‘‘Certain Preserved Mushrooms’’ refers Department of Commerce. As the Department is rescinding this to mushrooms that have been prepared NSR, we have not calculated a SUMMARY: The Department of Commerce or preserved by cleaning, blanching, and (Department) published its Preliminary company-specific dumping margin for sometimes slicing or cutting. These Yuqiao. However, the Department Rescission for the new shipper review mushrooms are then packed and heated (NSR) of the antidumping duty order on initiated an administrative review of the in containers including, but not limited antidumping duty order on certain certain preserved mushrooms from the to, cans or glass jars in a suitable liquid People’s Republic of China on August 8, preserved mushrooms from the PRC medium, including, but not limited to, covering numerous exporters, including 2016. The period of review (POR) is water, brine, butter or butter sauce. February 1, 2015, through July 31, 2015. Yuqiao, for the period of February 1, Certain preserved mushrooms may be 2015 through January 31, 2016, which For the final results of this review, as imported whole, sliced, diced, or as discussed below, we continue to find overlaps in part with the POR of this stems and pieces. Included within the NSR.6 Thus, we will instruct U.S. that the single U.S. sale made by Linyi scope of this order are ‘‘brined’’ Yuqiao International Trade Co., Ltd. Customs and Border Protection (CBP) to mushrooms, which are presalted and continue to suspend subject (Yuqiao) during the POR is not bona fide. Because any weighted average 1 See Certain Preserved Mushrooms from the merchandise exported by Yuqiao and dumping margins calculated in a NSR People’s Republic of China: Preliminary Rescission 3 For a complete description of the scope of the must be based solely on bona fide sales, of 2015 Antidumping Duty New Shipper Review, 81 FR 52403 (August 8, 2016) (Preliminary Rescission); order, see the Issues and Decision Memorandum. we are rescinding this NSR. 4 See Preliminary Rescission; see also see also Certain Preserved Mushrooms from the DATES: Effective January 5, 2017. People’s Republic of China: Notice of Amendment Memorandum from Michael J. Heaney to Scot of Final Determination of Sales at Less Than Fair Fullerton, Re: 2015 Antidumping Duty New FOR FURTHER INFORMATION CONTACT: Value and Antidumping Duty Order, 64 FR 8308 Shipper Review of Certain Preserved Mushrooms Michael J. Heaney or Erin Kearney, AD/ (February 19, 1999) (Order). from the People’s Republic of China: Preliminary CVD Operations, Office VI, Enforcement 2 See Memorandum from Christian Marsh, Deputy Bona Fide Sales Analysis for Linyi Yuqiao mstockstill on DSK3G9T082PROD with NOTICES and Compliance, International Trade Assistant Secretary, Antidumping and International Trade Co., Ltd., dated August 2, 2016. 5 See Letter from Linyi Yuqiao International Administration, Department of Countervailing Operations, to Paul Piquado, Assistant Secretary for Enforcement and Trade Co., Ltd. Re: Certain Preserved Mushrooms Commerce, 1401 Constitution Avenue Compliance, entitled ‘‘Certain Preserved from the People’s Republic of China; Yuqiao’s NW., Washington, DC 20230; telephone: Mushrooms from the People’s Republic of China: Comments on the Department’s Preliminary (202) 482–4475 and (202) 482–0167 Issues and Decision Memorandum for the Final Rescission, dated September 7, 2016. respectively. Rescission,’’ issued concurrently with and hereby 6 See Initiation of Antidumping and adopted by, this notice (Issues and Decision Countervailing Duty Administrative Reviews, 81 FR SUPPLEMENTARY INFORMATION: Memorandum). 20324, 20338–20240 (April 7, 2016). VerDate Sep<11>2014 21:06 Jan 04, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1

1318 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices entered into the United States during V. Recommendation preliminary results by an additional 14 the period February 1, 2015 through [FR Doc. 2016–31992 Filed 1–4–17; 8:45 am] days until December 31, 2016.3 January 31, 2016 until CBP receives BILLING CODE 3510–DS–P For a description of the events that instructions relating to the occurred prior, and subsequent, to the administrative review of this order initiation of this review, see the covering that period. DEPARTMENT OF COMMERCE memorandum dated concurrently with and hereby adopted by this notice 4 and Cash Deposit Requirements International Trade Administration Appendix I of this notice. The Effective upon publication of this [A–821–809] Preliminary Decision Memorandum is a notice of final rescission of the NSR of public document and is on file Yuqiao, the Department will instruct Certain Hot-Rolled Carbon Steel Flat electronically via Enforcement and U.S. Customs and Border Protection to Products From the Russian Compliance’s Antidumping and discontinue the option of posting a bond Federation: Preliminary Results of Countervailing Duty Centralized or security in lieu of a cash deposit for Antidumping Duty Administrative Electronic Service System (ACCESS). entries of subject merchandise from Review; 2014–2015 Access to ACCESS is available to registered users at http:// Yuqiao. Because we did not calculate a AGENCY: Enforcement and Compliance, access.trade.gov and is available to all dumping margin for Yuqiao or grant International Trade Administration, parties in the Central Records Unit, Yuqiao a separate rate in this NSR, Department of Commerce. Room B8024 of the main Department of Yuqiao continues to be part of the PRC- SUMMARY: The Department of Commerce Commerce building. In addition, a wide entity. The cash deposit rate (the Department) is conducting an complete version of the Preliminary applicable to the PRC-wide entity is administrative review of the Decision Memorandum can be accessed 308.33 percent. The current cash antidumping duty order on hot-rolled directly on the Internet at http:// deposit requirements shall remain in carbon steel flat products (hot-rolled enforcement.trade.gov/frn/index.html. effect until further notice. steel) from the Russian Federation A list of topics discussed in the Administrative Protective Order (Russia). The period of review (POR) is Preliminary Decision Memorandum is December 19, 2014, through November attached as an Appendix to this notice. This notice also serves as a final 30, 2015. The review covers one The signed Preliminary Decision reminder to parties subject to producer/exporter of the subject Memorandum and the electronic Administrative Protective Order (APO) merchandise, Severstal PAO and versions of the Preliminary Decision of their responsibility concerning the Severstal Export (collectively, Memorandum are identical in content. return or destruction of proprietary Severstal). We preliminarily determine information disclosed under APO in Scope of the Order that sales of subject merchandise by accordance with 19 CFR 351.305, which Severstal were made at less than normal The product covered by this order is continues to govern business value during the POR. Interested parties hot-rolled steel from Russia. The full proprietary information in these are invited to comment on these text of the scope of the order is segments of the proceeding. Timely preliminary results. contained in the Preliminary Decision written notification of the return or Memorandum. DATES: Effective January 5, 2017. destruction of APO materials, or conversion to judicial protective order, FOR FURTHER INFORMATION, CONTACT: Methodology is hereby requested. Failure to comply John Drury or Madeline Heeren, AD/ The Department is conducting this with the regulations and terms of an CVD Operations, Office VI, Enforcement review in accordance with section APO is a violation which is subject to and Compliance, International Trade 751(a)(2) of the Act. For a full sanction. Administration, U.S. Department of description of the methodology and Commerce, 14th Street and Constitution rationale underlying our conclusions, We are issuing and publishing this Avenue NW., Washington, DC 20230; notice in accordance with sections see the Preliminary Decision telephone: (202) 482–0195 or (202) 482– Memorandum. 751(a)(2)(B) and 777(i) of the Tariff Act 9179, respectively. of 1930, as amended, and 19 CFR Application of Facts Available and SUPPLEMENTARY INFORMATION: 351.214. Adverse Facts Available Dated: December 29, 2016. Background We preliminarily determine that the Paul Piquado, The Department published the notice only respondent being individually Assistant Secretary for Enforcement and of initiation of this review on February reviewed, Severstal, failed to cooperate Compliance. 9, 2016.1 Pursuant to section to the best of its ability in participating 751(a)(3)(A) of the Tariff Act of 1930, as in the review, warranting the Appendix—Issues and Decision amended (the Act), the Department Memorandum extended these preliminary results by 3 See Memorandum to Christian Marsh, Deputy I. Summary 106 days until December 16, 2016.2 The Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Certain II. Background Department then extended the Hot-Rolled Carbon Steel Flat Products from the III. Scope of the Order Russian Federation: Extension of Deadline for IV. Discussion of the Issues 1 See Initiation of Antidumping and Preliminary Results of Antidumping Duty Comment 1: Whether the Department Countervailing Duty Administrative Reviews, 81 FR Administrative Review; 2014/2015,’’ dated mstockstill on DSK3G9T082PROD with NOTICES Properly Weighed the Bona Fide Criteria 6832 (February 9, 2016) (Initiation Notice). December 16, 2016. 2 See Memorandum to Christian Marsh, Deputy 4 See Memorandum to Paul Piquado, Assistant Established Under Section 751(a)(2)(B)(iv) of the Statute Assistant Secretary for Antidumping and Secretary for Enforcement and Compliance, from Countervailing Duty Operations, entitled ‘‘Certain Christian Marsh, Deputy Assistant Secretary for Comment 2: Analysis of Sales Quantity, Hot-Rolled Carbon Steel Flat Products from the Antidumping and Countervailing Duty Operations Timing, and Payment of Yuqiao’s Sale Russian Federation: Extension of Deadline for entitled: ‘‘Decision Memorandum for the Comment 3: Analysis of the Behavior of Preliminary Results of Antidumping Duty Preliminary Results of Review of Certain Hot-Rolled Yuqiao, Yuqiao’s Importer, and Yuqiao’s Administrative Review; 2014/2015,’’ dated August Carbon Steel Flat Products from the Russian Supplier 17, 2016. Federation’’ (Preliminary Decision Memorandum). VerDate Sep<11>2014 21:06 Jan 04, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05JAN1.SGM 05JAN1


Document Created: 2018-02-01 14:51:29
Document Modified: 2018-02-01 14:51:29
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 January 5, 2017.
ContactMichael 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.
FR Citation82 FR 1317 
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