[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18315-18316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06922]


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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; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 18, 2013, the Department of Commerce (the 
Department) published in the Federal Register the preliminary 
rescission of this new shipper review (NSR) of Shandong Yinfeng Rare 
Fungus Corporation Ltd. (Yinfeng) under the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China (PRC) 
covering the period of review (POR) February 1, 2011, through January 
31, 2012.\1\ The Preliminary Rescission invited interested parties to 
comment. No comments were received from any party. As discussed below, 
based on our analysis of the record, the Department has determined that 
Yinfeng did not satisfy the regulatory requirements for a NSR. 
Therefore, we are rescinding this NSR.
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    \1\ See Certain Preserved Mushrooms from the People's Republic 
of China: Preliminary Rescission of Antidumping Duty New Shipper 
Review; 2011-2012, 78 FR 4126 (January 18, 2013) (Preliminary 
Rescission).

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DATES: Effective Date: March 26, 2013.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In the Preliminary Rescission, the Department determined that 
Yinfeng did not meet the minimum requirements in its request for a NSR 
under 19 CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c) because the 
Department could not determine whether Yinfeng had reported its first 
shipment of subject merchandise to the United States and, thus, whether 
Yinfeng requested a NSR within one year of the date of first entry.\2\ 
The complete discussion of the Department's decision to preliminarily 
rescind the NSR was set forth in its preliminary analysis memorandum, 
dated January 18, 2013.\3\ We invited interested parties to comment on 
the Preliminary Rescission of this NSR. No party submitted comments.
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    \2\ See Preliminary Rescission, 78 FR at 4127; see also 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
New Shipper Review: Certain Preserved Mushrooms from the People's 
Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration 
(Preliminary Decision Memorandum), dated January 10, 2013, at 4.
    \3\ See generally Preliminary Decision Memorandum.
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Period of Review

    Pursuant to 19 CFR 351.214(g), the POR for this NSR is February 1, 
2011, through January 31, 2012.

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.\4\
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    \4\ 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.

Rescission of New Shipper Review

    The NSR provisions of the Department's regulations require that the 
entity making a request for a NSR must document and certify, among 
other things: (1) The date on which subject merchandise of the exporter 
or producer making the request was first entered or

[[Page 18316]]

withdrawn from warehouse, for consumption, or, if it cannot establish 
the date of first entry, the date on which the exporter or producer 
first shipped the merchandise for export to the United States; (2) the 
volume of that and subsequent shipments; and (3) the date of the first 
sale to an unaffiliated customer in the United States. See 19 CFR 
351.214(b)(2)(iv)(A)-(C). The regulations also state that the entity 
requesting the NSR must make the request within one year of the date of 
first entry. See 19 CFR 351.214(c). The Department has not acquired or 
received any additional information that would alter our preliminary 
determination that Yinfeng did not satisfy the minimum regulatory 
requirements in its request for a NSR under 19 CFR 351.214(b)(2)(iv)(C) 
and 19 CFR 351.214(c). Furthermore, since the publication of the 
Preliminary Rescission, the Department solicited comments from 
interested parties regarding the intended rescission of the NSR for 
Yinfeng, but received no such comments.
    Because we find that Yinfeng did not satisfy the requirements of 19 
CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c), we are rescinding this 
NSR. Consequently, we are not calculating a company-specific rate for 
Yinfeng, and Yinfeng will remain a part of the PRC-wide entity.

Assessment Rate

    Yinfeng remains under review as part of the PRC-wide entity in the 
ongoing administrative review covering the 2011-2012 POR.\5\ 
Accordingly, we will instruct U.S. Customs and Border Protection (CBP) 
to continue to suspend entries of subject merchandise produced and/or 
exported by Yinfeng during the period February 1, 2011, through January 
31, 2012, until CBP receives instructions relating to the 
administrative review covering the period February 1, 2011, through 
January 31, 2012.
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    \5\ 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).
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Cash Deposit

    The Department will notify CBP that bonding is no longer permitted 
to fulfill security requirements for subject merchandise produced and/
or exported by Yinfeng that is entered, or withdrawn from warehouse, 
for consumption in the United States on or after the publication of 
this rescission notice in the Federal Register. The Department will 
notify CBP that a cash deposit rate of 198.63 percent should be 
collected for all shipments of subject merchandise by Yinfeng entered, 
or withdrawn from warehouse, for consumption in the United States on or 
after the publication of this rescission notice.

Notification to Importers

    This notice serves as a 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 notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO. 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 the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this rescission and notice in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
351.214(f)(3).

    Dated: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06922 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-DS-P