[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15683-15686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05643]


-----------------------------------------------------------------------

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; 2011-
2012

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

DATES: Effective March 12, 2013.


[[Page 15684]]


SUMMARY: The Department of Commerce (the Department) is currently 
conducting an administrative review of the antidumping duty order on 
certain preserved mushrooms (mushrooms) from the People's Republic of 
China (PRC) covering the period of review (POR) February 1, 2011, 
through January 31, 2012. We preliminarily determine that sales made by 
Blue Field (Sichuan) Food Industrial Co. (Blue Field) were below normal 
value (NV). With respect to Dujiangyan Xingda Foodstuff Co., Ltd. 
(Xingda) and Zhejiang Iceman Group Co., Ltd./Zhejiang Iceman Food Co., 
Ltd. (Iceman),\1\ these companies failed to establish that they are 
separate from the PRC-wide entity. As a result, the PRC-wide entity is 
now under review. We have preliminarily applied adverse facts available 
(``AFA'') to the PRC-wide entity because elements of the entity, Xingda 
and Iceman, failed to act to the best of their ability in complying 
with the Department's request for information in this review within the 
established deadlines and significantly impeded the proceeding. We 
invite interested parties to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ The Department has found Zhejiang Iceman Food Co., Ltd. 
should be equated with Zhejiang Iceman Group Co., Ltd. See Certain 
Preserved Mushrooms From the People's Republic of China: Amended 
Final Results of Antidumping Duty Administrative Review, 76 FR 70112 
(November 10, 2011).

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-
---------------------------------------------------------------------------
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this antidumping order are certain 
preserved mushrooms, whether imported whole, sliced, diced, or as stems 
and pieces. The preserved mushrooms covered under this order are the 
species Agaricus bisporus and Agaricus bitorquis. ``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.

Partial Rescission of Review

    For those companies named in the Initiation Notice \2\ for which 
all review requests have been withdrawn and are not part of the PRC-
wide entity, we are rescinding this administrative review, in 
accordance with 19 CFR 351.213(d)(1). The companies for which we are 
rescinding this review include: (1) Guangxi Jisheng Foods, Inc. 
(Jisheng), (2) Xiamen International Trade & Industrial Co., Ltd. 
(XITIC), (3) Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa), 
and (4) Zhangzhou Gangchang Canned Foods Co., Ltd.\3\ (Zhangzhou 
Gangchang).
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, and 
Deferral of Administrative Review, 77 FR 19179 (March 30, 2012) 
(Initiation Notice).
    \3\ Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian was found 
to be the name of the company initially referenced by that party and 
the Department as Zhangzhou Gangchang Canned Foods Co., Ltd. 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).
---------------------------------------------------------------------------

Intent Not To Rescind Review in Part

    We have received withdrawal of review requests for the following 
companies that remain a part of the PRC-wide entity, which is currently 
under review: (1) China National Cereals, Oils & Foodstuffs Import & 
Export Corp. (China National), (2) China Processed Food Import & Export 
Co. (China Processed), (3) Fujian Pinghe Baofeng Canned Foods (Fujian 
Pinghe), (4) Fujian Yuxing Fruits and Vegetables Foodstuffs Development 
Co., Ltd. (Fujian Yuxing), (5) Fujian Zishan Group Co., Ltd. (Fujian 
Zishan), (6) Guangxi Eastwing Trading Co., Ltd. (Guangxi Eastwing), (7) 
Inter-Foods (Dongshan) Co., Ltd. (Inter-Foods), (8) Longhai Guangfa 
Food Co., Ltd.(Longhai Guangfa), (9) Primera Harvest (Xiangfan) Co., 
Ltd. (Primera Harvest), (10) Shandong Fengyu Edible Fungus Corporation 
Ltd. (Shandong Fengyu), (11) Sun Wave Trading Co., Ltd. (Sun Wave 
Trading), (12) Xiamen Greenland Import & Export Co., Ltd. (Xiamen 
Greenland), (13) Xiamen Gulong Import & Export Co., Ltd. (Xiamen 
Gulong), (14) Xiamen Jiahua Import & Export Trading Co., Ltd. (Xiamen 
Jiahua), (15) Xiamen Longhuai Import & Export Co., Ltd. (Xiamen 
Longhuai), and (16) Zhangzhou Long Mountain Food Co., Ltd. (Zhangzhou 
Long Mountain) and (17) Zhangzhou Golden Banyan Foodstuffs Industrial 
Co., Ltd. (Zhangzhou Golden Banyan).\4\
---------------------------------------------------------------------------

    \4\ The Department considers Zhangzhou Golden Banyan to be 
distinct from another company with a similar name for which a review 
was requested, Fujian Golden Banyan Foodstuffs Industrial Co., Ltd. 
(Golden Banyan). In the immediately-preceding review, the Department 
calculated a separate rate for Golden Banyan, while it considered 
Zhangzhou Golden Banyan to remain a part of the PRC-wide entity. See 
Certain Preserved Mushrooms From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 77 FR 55808 
(September 11, 2012).
---------------------------------------------------------------------------

    For those companies named in the Initiation Notice \5\ for which 
all review requests have been withdrawn, but which have not previously 
received separate rate status, the Department's practice is to refrain 
from rescinding the review with respect to these companies at this 
time. As explained above, requests for review of several companies 
belonging to the PRC-wide entity were timely withdrawn. While the 
requests for review were timely withdrawn, the companies remain part of 
the PRC-wide entity. The PRC-wide entity is under review for these 
preliminary results. Therefore, at this time, we are not rescinding 
this review with respect to those companies belonging to the PRC-wide 
entity for which a request for review has been withdrawn.
---------------------------------------------------------------------------

    \5\ See Initiation Notice, 77 FR 19179.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    The following companies submitted timely certifications of no 
shipments during the POR: (1) Guangxi Hengyong Industrial & Commercial 
Dev., Ltd. (Guangxi Hengyong), (2) Zhangzhou Tongfa Foods Industry Co., 
Ltd (Zhangzhou Tongfa), (3) Zhangzhou Hongda Import & Export Trading 
Co., Ltd. (Zhangzhou Hongda), and (4) Golden Banyan. Based on the no-
shipment certifications and our analysis of the CBP information, we 
preliminary determine that Guangxi Hengyong, Zhangzhou Tongfa, 
Zhangzhou Hongda, and Golden Banyan did not have any reviewable 
transactions during the POR. In addition, the Department finds that 
consistent with its recently announced refinement to its assessment 
practice in

[[Page 15685]]

non-market economy (NME) cases, it is appropriate not to rescind the 
review in part in this circumstance but, rather, to complete the review 
with respect to Guangxi Hengyong, Zhangzhou Tongfa, Zhangzhou Hongda, 
and Golden Banyan and issue appropriate instructions to CBP based on 
the final results of the review.\6\
---------------------------------------------------------------------------

    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export 
price is calculated in accordance with section 772 of the Act. Because 
the PRC is an NME within the meaning of section 771(18) of the Act, 
normal value has been calculated in accordance with section 773(c) of 
the Act. Specifically, the respondent's factors of production have been 
valued using Colombian prices (when available); Colombia is 
economically comparable to the PRC and a significant producer of 
comparable merchandise. For a full description of these surrogate 
values and the methodology underlying our conclusions, please see the 
memoranda entitled ``Memorandum for the Preliminary Results in the 
Administrative Review: Certain Preserved Mushrooms from the People's 
Republic of China'' (Preliminary Results Decision Memorandum) and 
``Certain Preserved Mushrooms from the People's Republic of China: 
Surrogate-Value Memorandum'' both of which are dated concurrently with 
this notice and incorporated herein by reference. The Preliminary 
Results 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, room 7046 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Results Decision Memorandum can be accessed directly on the Internet at 
http://www.trade.gov.ia. The signed and electronic versions of the 
Preliminary Results Decision Memorandum are identical in content.

Preliminary Results of the Review

    The Department has determined that the following preliminary 
dumping margins exist for the period February 1, 2011, through January 
31, 2012:

 
------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
------------------------------------------------------------------------
Blue Field (Sichuan) Food Industrial Co.................          102.11
PRC-wide entity \7\.....................................          308.33
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\8\ 
Interested parties may submit written comments no later than 30 days 
after publication of the preliminary results. Rebuttals to written 
comments may be filed no later than five days after the written 
comments are filed.\9\
---------------------------------------------------------------------------

    \7\ The PRC-wide entity includes, among other companies: 
Dujiangyan Xingda Foodstuffs Co., Ltd., (Xingda) Ayecue (Liaocheng) 
Foodstuffs Co., Ltd. (Ayecue), Shandong Jiufa Edible Fungus 
Corporation, Ltd., (Shandong Jiufa), and Zhejiang Iceman Group Co., 
Ltd. (Iceman).
    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c) and (d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the case briefs. If a request for a hearing is made, parties will be 
notified of the date and time for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised in any such comments, within 120 days after the 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production (FOPs) under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\11\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\12\
---------------------------------------------------------------------------

    \11\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, In Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \12\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, 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 the final results of review. For any individually 
examined respondents whose weighted-average dumping margin is above de 
minimis, we will calculate importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\13\
---------------------------------------------------------------------------

    \13\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. The 
Department recently announced a refinement to its

[[Page 15686]]

assessment practice in NME cases. Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies 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.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011)
---------------------------------------------------------------------------

    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Blue Field, will 
be that established in the final results of this review (except, if the 
rate is zero or de minimis, then zero cash deposit will be required); 
(2) for any previously reviewed or investigated PRC and non-PRC 
exporter not listed above that received a separate rate in a previous 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all PRC exporters that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be that for the PRC-wide entity (i.e., 308.33 percent); 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 the non-PRC exporter. 
These cash 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 review period. 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.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 4, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--List of Topics Discussed in the Preliminary Results Decision 
Memorandum

1. Background
2. Respondent Selection
3. Scope of the Order
4. Partial Rescission of Review
5. Intent Not To Rescind Review in Part
6. Preliminary Determination of No Shipments
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. Absence of De Jure Control
10. Absence of De Facto Control
11. The PRC-Wide Entity
12. Adverse Facts Available
13. Surrogate Country
14. Fair Value Comparisons
15. U.S. Price
16. Normal Value
17. Factors Valuation
18. Currency Conversion
19. Conclusion

[FR Doc. 2013-05643 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-DS-P