[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Notices]
[Pages 55808-55810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22353]


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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

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

DATES: Effective Date: September 11, 2012.
SUMMARY: On March 6, 2012, 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).\1\ Based 
upon our analysis of comments received from interested parties, we made 
changes to the margin calculations for the final results. Therefore, 
the final results differ from the preliminary results. The final 
dumping margin for this review is listed in the ``Final Results of 
Review'' section below.
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    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, and Rescission in Part, 77 FR 13264 (March 6, 2012) 
(Preliminary Results).

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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-
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2475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 2012, the Department published the Preliminary Results 
of administrative review of the antidumping duty order on certain 
preserved mushrooms from the PRC.\2\ The period of review (POR) is 
February 1, 2010, through January 31, 2011.\3\ The review covers five 
manufacturers/exporters of subject merchandise.\4\ We analyzed (1) Blue 
Field (Sichuan) Food Industrial Co., Ltd. (Blue Field) and (2) 
Dujiangyan Xingda Foodstuffs Co., Ltd. (Xingda) as mandatory 
respondents.\5\ Three other companies filed separate rate 
certifications and qualified for separate-rate status.\6\
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    \2\ Id.
    \3\ See id. at 77 FR 13,264.
    \4\ See id. at 77 FR 13,265-67.
    \5\ See id. at 77 FR 13,265.
    \6\ See id. at 77 FR 13,266-67.
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    In the Preliminary Results, we invited parties to comment.\7\ On 
April 19, 2012, the Department received timely case briefs from Blue 
Field and from the Petitioner in this proceeding, Monterey Mushrooms, 
Inc. (Monterrey Mushrooms).\8\ On April 24, 2012, Blue Field and 
Monterrey Mushrooms submitted rebuttal briefs.\9\ On June 19, 2012, we 
extended the final results of this administrative review by 60 
days.\10\
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    \7\ See id. at 77 FR 13,269.
    \8\ See April 19, 2012, letter from Shanghai Yuet Fai Commercial 
Consulting Co., Ltd. to Secretary of Commerce Re: Certain Preserved 
Mushrooms from the People's Republic of China, Blue Field Case Brief 
(Blue Field Case Brief); see also April 19, 2012, Petitioner Case 
Brief from Kelley Drye & Warren LLP (Petitioner Case Brief).
    \9\ See April 24, 2012, Rebuttal Brief from Shanghai Yuet Fai 
Commercial Consulting Co., Ltd. to Secretary of Commerce Re: Certain 
Preserved Mushrooms from the People's Republic of China, Blue Field 
Case Brief (Blue Field Rebuttal Brief); see also April 24, 2012, 
Petitioner Rebuttal Brief from Kelley Drye & Warren LLP (Petitioner 
Rebuttal Brief).
    \10\ See Memorandum from Richard Weible to Christian Marsh Re: 
Certain Preserved Mushrooms from the People's Republic of China: 
Extension of Deadlines for Final Results of Antidumping Duty 
Administrative Review, dated June 19, 2012.
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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

[[Page 55809]]

Republic of China,'' which is dated concurrently with and adopted by 
this notice (Issues and Decision Memorandum). A list of the issues 
raised, and to which we respond in the Issues and Decision Memorandum, 
is attached to this notice as an appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit (CRU), room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

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.\11\
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    \11\ 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 the 
following revisions to certain surrogate values (SVs) and the margin 
calculation for Blue Field and Xingda.
    (1) We revised our calculation of Blue Field's land rent.\12\
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    \12\ See Memorandum From Michael J. Heaney to the File, Re Final 
Analysis for Blue Filed (Sichuan) Food Industrial Co., Ltd. (Blue 
Field) Certain Preserved Mushrooms from the People's Republic of 
China dated September 4, 2012, (Blue Field Final Analysis 
Memorandum) at 1.
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    (2) For Blue Field, we revised our calculation of the surrogate 
value for coal to include bituminous coal and corrected a conversion 
error in the calculation of that surrogate value.\13\
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    \13\ See Id. at 2.
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    (3) We corrected two calculation errors associated with the 
surrogate value of water for both Blue Field and Xingda.\14\
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    \14\ See Id; see also Memorandum From Michael J. Heaney to the 
File, Re Final Analysis for Dujiangyan Xingda (Sichuan) Food 
Industrial Co., Ltd (Xingda) Certain Preserved Mushrooms from the 
People's Republic of China dated September 4, 2012 (Xingda Final 
Analysis Memorandum) at 2.
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    (4) For Blue Field, we corrected the jar weight for one model.\15\
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    \15\ See Blue Field Final Analysis Memorandum at 3.
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Separate Rates Determination

    In the Preliminary Results, we found that (1) Ayecue (Liaocheng) 
Foodstuff Co., Ltd. (Ayecue), (2) Fujian Golden Banyan Foodstuffs 
Industrial Co., Ltd. (Golden Banyan), and (3) Shandong Jiufa 
demonstrated their eligibility for separate rates.\16\ We received no 
comments from interested parties on this finding. Therefore, in these 
final results, we continue to find that Ayecue, Golden Banyan, and 
Shandong Jiufa demonstrated an absence of government of control, both 
in law and in fact, with respect to these companies' exports of the 
subject merchandise. Thus, we have determined that Ayecue, Golden 
Banyan, and Shandong Jiufa are eligible to receive a separate rate. 
Consistent with our own practice and section 735(c)(5)(A) of the Tariff 
Act of 1930, as amended (the Act), respondents other than mandatory 
respondents have received the weighted-average of the margins 
calculated for those companies selected for individual review (i.e., 
mandatory respondents), excluding zero or de minimis margins or margins 
based entirely on facts available.
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    \16\ See Preliminary Results, 77 FR at 13266-13267.
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Final Results of the Review

    The Department has determined that the following dumping margins 
exist for the period February 1, 2010, through January 31, 2011:

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
------------------------------------------------------------------------
Blue Field..............................................          308.33
Xingda..................................................          223.74
Ayecue..................................................          304.89
Golden Banyan...........................................          304.89
Shandong Jiufa..........................................          304.89
PRC-wide rate*..........................................          198.63
------------------------------------------------------------------------
* Includes Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.\17\ The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
review.
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    \17\ See section 751(a)(2)(B) of the Act; 19 CFR 351.212(b)(1).
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    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. Blue Field and Xingda did not 
report entered values for their U.S. sales. Accordingly, we calculated 
a per-unit assessment rate for each importer (or customer) by dividing 
the total dumping margins for reviewed sales to that party by the 
estimated entered value that we calculated for those transactions. For 
duty-assessment rates calculated on this basis, we will direct CBP to 
assess the resulting per-unit rate against the calculated estimate of 
entered value of the subject merchandise.
    For all shipments of subject merchandise by the PRC-wide entity 
entered, or withdrawn from warehouse, for consumption during the POR, 
we will instruct CBP to assess antidumping

[[Page 55810]]

duties at the ad valorem PRC-wide entity rate of 198.63 percent.

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 (the Act): 
(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 4, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

Comment 1: FOP Database Used to Calculate Bluefield's Normal Value
Comment 2: Calculation of Land Rent
Comment 3: Valuation of Rice Straw
Comment 4: Valuation of Manure
Comment 5: Use of Indian Surrogate Values to Value Manure and Straw
Comment 6: Valuation of Coal
Comment 7: Valuation of Water

[FR Doc. 2012-22353 Filed 9-10-12; 8:45 am]
BILLING CODE 3510-DS-P