[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56732-56734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Rescission 
in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: September 14, 2011.
SUMMARY: On March 8, 2011, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC). See 
Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Recission in Part, and Intent to Rescind in Part, 76 FR 12704 (March 8, 
2011) (Preliminary Results). Based upon our analysis of comments 
received from interested parties, we made changes to the margin 
calculations for the final results.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Scott Hoefke, or Robert 
James, AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-2924, (202) 482-4947 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2011, the Department published the Preliminary Results 
of administrative review of the antidumping duty order on certain 
preserved mushrooms from the PRC. On March 28, 2011, Monterrey 
Mushrooms, Inc. (Petitioner), Blue Field (Sichuan) Food Industrial Co., 
Ltd. (Blue Field) and Xiamen International Trade & Industrial Co., Ltd. 
(XITIC) submitted additional information for proposed surrogate values. 
On April 21, 2011, Blue Field submitted comments regarding the 
Preliminary Results.\1\
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    \1\ Blue Field had originally submitted comments on March 14, 
2011. However, those comments were deemed to have new information 
and were returned to Blue Field on April 15, 2011. See letter to 
Blue Field, dated April 15, 2011.
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    In the Preliminary Results, the Department invited interested 
parties to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results, 76 FR at 12710. 
We received case briefs from Guangxi Jisheng Foods, Inc. (Jisheng) and 
XITIC on April 7, 2011, and a case brief from Petitioner on April 8, 
2011. On April 12, 2011, the Department extended the due date for 
rebuttal briefs by two days. Rebuttal briefs from XITIC and Petitioner 
were received April 12, 2011, and April 15, 2011, respectively. On 
April 20, 2011, we extended the due date for Blue Field's rebuttal 
brief until April 25, 2011.\2\ On April 21, 2011, we received a 
rebuttal brief from Blue Field.
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    \2\ See Memorandum to the File, From Fred Baker, Analyst, 
Subject: Due Date for Rebuttal Brief from Blue Field (Sichuan) Food 
Industrial Co., Ltd. (Blue Field), dated April 20, 2011.
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    On June 6, 2011, the Department issued a letter to parties 
soliciting comments regarding the conversion factor used for the 
surrogate value of manure in the Preliminary Results. On June 13, 2011, 
the Department received comments from both the petitioner and XITIC 
concerning this issue.
    On July 13, 2011 we extended the due date for the final results of 
this review by sixty days. See Certain Preserved Mushrooms From the 
People's Republic of China; Extension of time Limit for Final Results 
of Antidumping Duty Administrative Review, 76 FR 41215 (July 13, 2011).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the memorandum entitled, ``Issues and 
Decision Memorandum for the Final Results in the Administrative Review 
of Certain Preserved Mushrooms from the People's Republic of China,'' 
which is dated concurrently with and adopted by this notice (Decision 
Memorandum). A list of the issues raised, and to which we respond in 
the Decision Memorandum, is attached to this notice as an appendix. The 
Decision Memorandum is a public document, and is on file in the Central 
Records Unit (CRU), Main Commerce Building, Room 7046, and is 
accessible on the Department's Web site at http://www.trade.gov/ia. The 
paper copy and electronic version of the memorandum are identical in 
content.

Final Rescission in Part

    In the Preliminary Results, the Department announced its intent to 
rescind the review with respect to five companies who claimed they made 
no shipments of subject merchandise during the period of review (POR). 
We made inquiries with CBP as to whether any shipments were entered 
with respect to these five companies during the POR. See CBP message 
numbers 0347302, 0347303, 0347304, 0347305, and 0347306, all dated 
December 13, 2010. We received no responses from CBP to those 
inquiries. We also examined CBP information used in the selection of 
the mandatory respondents to further confirm no shipments by these 
companies during the POR. See the attachment to ``Letter from Robert 
James to All Interested Parties'' dated April 2, 2010. The five 
companies are: Dujianghyan Xingda Foodstuff Co., Fujian Pinghe Baofeng 
Canned Foods, Fujian Zishan Group Co., Ltd., Longhai Guangfa Food Co., 
and Xiamen Longhuai Import & Export Co. See Preliminary Results 76 FR 
at 12705. Because the Department did not receive any information to the 
contrary, we continue to find that these companies did not make any 
shipments during the POR. Thus, for these final results, we are 
rescinding this review, with respect to the five above-named companies, 
in accordance with 19 CFR 351.213(d)(3).

Period of Review

    The POR is February 1, 2009, through January 31, 2010.

[[Page 56733]]

Scope of the Order

    The products covered by this order are certain preserved mushrooms, 
whether imported whole, sliced, diced, or as stems and pieces. The 
certain preserved mushrooms covered under this order are the species 
Agaricus bisporus and Agaricus bitorquis. ``Certain Preserved 
Mushrooms'' refers to mushrooms that have been prepared or preserved by 
cleaning, blanching, and sometimes slicing or cutting. These mushrooms 
are then packed and heated in containers including, but not limited to, 
cans or glass jars in a suitable liquid medium, including, but not 
limited to, water, brine, butter or butter sauce. Certain preserved 
mushrooms may be imported whole, sliced, diced, or as stems and pieces. 
Included within the scope of this order are ``brined'' mushrooms, which 
are presalted and packed in a heavy salt solution to provisionally 
preserve them for further processing.\3\
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    \3\ On June 19, 2000, the Department affirmed that 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms containing 
less than 0.5 percent acetic acid are within the scope of the 
antidumping duty order. See Recommendation Memorandum--Final Ruling 
of Request by Tak Fat, et al. for Exclusion of Certain Marinated, 
Acidified Mushrooms from the Scope of the Antidumping Duty Order on 
Certain Preserved Mushrooms from the People's Republic of China,'' 
dated June 19, 2000. On February 9, 2005, the United States Court of 
Appeals for the Federal Circuit upheld this decision. See Tak Fat v. 
United States, 396 F.3d 1378 (Fed. Cir. 2005).
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    Excluded from the scope of this order are the following: (1) All 
other species of mushroom, including straw mushrooms; (2) all fresh and 
chilled mushrooms, including ``refrigerated'' or ``quick blanched 
mushrooms;'' (3) dried mushrooms; (4) frozen mushrooms; and (5) 
``marinated,'' ``acidified,'' or ``pickled'' mushrooms, which are 
prepared or preserved by means of vinegar or acetic acid, but may 
contain oil or other additives.
    The merchandise subject to this order is classifiable under 
subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 
2003.10.0147, 2003.10.0153, and 0711.51.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of this order is dispositive.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
revisions to certain surrogate values (SVs) and the margin calculation 
for XITIC, Blue Field, and Jisheng. These changes are discussed in the 
relevant sections of the Decision Memorandum.

Separate Rates Determination

    In proceedings involving NME countries, it is the Department's 
practice to begin with a rebuttable presumption that all companies 
within the country are subject to government control and thus should be 
assessed a single antidumping duty rate. See Policy Bulletin 5.1; \4\ 
see also Notice of Final Determination of Sales at Less Than Fair 
Value, and Affirmative Critical Circumstance, In Part: Certain Lined 
Paper Products From the People's Republic of China, 71 FR 53079, 53080 
(September 8, 2006); and Final Determination of Sales at less Than Fair 
Value and Final Partial Affirmative Determination of Sales at Less Than 
Fair Value and Final Partial Affirmative Determination of Critical 
Circumstances: Diamond Sawblades and Parts Thereof from the People's 
Republic of China, 71 FR 29303, 29307 (May 22, 2006).
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    \4\ Separate Rates and Combination Rates in Antidumping 
Investigations involving Non-Market Economy Countries, 70 FR 17233 
(April 5, 2005), also available at: http://ia.ita.doc.gov/policy/index.html. (Policy Bulletin 5.1)
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    In the Preliminary Results, the Department preliminarily determined 
that the following companies met the criteria for separate rate status: 
Ayecue (Liaocheng) Foodstuff Co., Ltd., Fujian Golden Banyan Foodstuffs 
Industrial Co., Ltd., Shandong Jiufa Edible Fungus Corporation, Ltd., 
and Zheijiang Iceman Group Co., Ltd.\5\
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    \5\ We also preliminarily found that Zhangzhou Gangchang Canned 
Foods Co., Ltd. met the requirements for a separate rate, but we 
rescinded the review with respect to this company in the Preliminary 
Results, due to the petitioner withdrawing its request. See 
Preliminary Results at 12705.
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    Additionally, in the Preliminary Results, we noted that the 
Department received completed responses to separate-rate questions from 
Blue Field, Jisheng, and XITIC in their Section A questionnaire 
responses. We also received separate-rate certifications from Blue 
Field and XITIC. We preliminary granted separate rate status to Blue 
Field, Jisheng, and XITIC based on this submitted information. See 
Preliminary Results, 76 FR at 12705-12707.
    We did not receive any information since the issuance of the 
Preliminary Results that provides a basis for reconsidering these 
preliminary separate-rate determinations. Therefore, the Department 
continues to find that Blue Field, Jisheng, XITIC, and the four above-
named, non-individually examined companies meet the criteria for a 
separate rate.

Separate Rate Calculation

    The separate rate is deteremined based on the estimated weighted-
average antidumping margins established for exporters and producers 
selected for individual review (i.e., mandatory respondents). 
Respondents other than mandatory respondents will receive the weighted-
average of the margins calculated for those companies selected, 
excluding de minimis margins or margins based entirely on adverse facts 
available. In this review, we have assigned the weighted average of the 
three mandatory respondents to the companies not selected for 
individual examination.

Final Results of the Review

    The Department has determined that the following margins exist for 
the period February 1, 2009, through January 31, 2010.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
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Blue Field (Sichuan) Food Industrial Co., Ltd..............        20.42
Guangxi Jisheng Foods, Inc.................................       266.13
Xiamen International Trade & Industrial Co., Ltd...........        13.12
Ayecue (Liaocheng) Foodstuff Co., Ltd......................        84.55
Fujian Golden Banyan Foodstuffs Industrial Co., Ltd........        84.55
Shandong Jiufa Edible Fungus Corporation, Ltd..............        84.55
Zheijiang Iceman Group Co., Ltd............................        84.55
------------------------------------------------------------------------

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of these final results of review.
    In accordance with 19 CFR 351.212(b)(1), we calculated exporter/
importer-specific (or customer-specific) assessment rates for 
merchandise subject to this review. Jisheng reported entered values for 
its U.S. sales; thus we calculated importer (or customer) specific ad 
valorem rates by aggregating the dumping margins calculated for all 
U.S. sales to each importer (or customer), and dividing this amount by 
the entered value of the sales to each importer (or customer). However, 
Blue Field and XITIC did not report entered values for their U.S. 
sales. Accordingly, we calculated a per-unit assessment rate

[[Page 56734]]

for each importer (or customer) by dividing the total dumping margins 
for reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise.
    To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), the 
Department calculated importer-specific ad valorem ratios based on the 
entered value or the estimated entered value, when entered value was 
not reported. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent).
    We intend to instruct CBP to liquidate entries of subject 
merchandise exported by the PRC-wide entity at the estimated 
antidumping duty rate in effect at the time of entry. Because the PRC-
wide entity was not reviewed during this POR, the PRC-wide rate remains 
198.63 percent, the rate established in the administrative review for 
the most recent period.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will be 
effective upon publication of the final results of this review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (1930): (1) 
The cash-deposit rate for each of the reviewed companies that received 
a separate rate in this review will be the rate listed in the final 
results of this review (except that if the rate for a particular 
company is de minimis, i.e., less than 0.50 percent, no cash deposit 
will be required for that company); (2) for previously investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period of 
review; (3) if the exporter is a firm not covered in this review, a 
prior review, or the original less-than-fair-value investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will be the PRC-wide rate of 198.63 percent. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

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

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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 this segment of the 
proceeding. Timely written notification of the return/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 administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 6, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

    Comment 1. Surrogate Value for Fresh Mushrooms.
    Comment 2. Surrogate Value for Cow Manure.
    Comment 3. Ministerial Errors with Respect to International 
Freight.
    Comment 4 Surrogate Value for International Freight.
    Comment 5. Computation of Domestic Inland Freight.
    Comment 6. Surrogate Value for Natural Gas.
    Comment 7. Whether to Apply Adverse Facts Available to Certain 
of Jisheng's U.S. sales.
    Comment 8. Whether to Apply Adverse Facts Available for Certain 
of Jisheng's Sales for Which Jisheng Reported No Packing Costs.
    Comment 9. Whether the Department's Failure to Consider 
Jisheng's February 2011 Submission in the Preliminary Results was 
Improper and Not Supported by Law.
    Comment 10. Casing Soil Usage.
    Comment 11. Surrogate Value of Lime.
    Comment 12. Surrogate Value of Steam Coal.
    Comment 13. Surrogate Value of Mushroom Spawn.
    Comment 14. Zeroing.
    Comment 15. Error of Normal Value Calculation by Different Units 
of Measurement.
    Comment 16. Calculating Cost of Metal Lid.
    Comment 17. Calculation of Land Rent.

[FR Doc. 2011-23557 Filed 9-13-11; 8:45 am]
BILLING CODE 3510-DS-P