[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34037-34039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13431]


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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; 2011-2012

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


DATES: Effective Date: June 6, 2013.
SUMMARY: On March 12, 2013, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC) covering 
the period February 1, 2011, through January 31, 2012.\1\ This review 
covers the following three companies: Blue Field (Sichuan) Food 
Industrial Co., Ltd. (Blue Field); Dujiangyan Xingda Foodstuffs Co., 
Ltd. (Xingda); and Zhejiang Iceman Group (Iceman Group). We provided 
interested parties an opportunity to comment on the Preliminary 
Results. We received no comments. The Final Results are unchanged from 
the Preliminary Results. The final weighted-average dumping margins for 
this review are listed below in the ``Final Results of Review'' section 
of this notice.
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    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 15683 (March 12, 2013) (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 12, 2013, the Department published the Preliminary Results 
of the instant review.\2\ By virtue of their failure to respond to our 
antidumping questionnaire, Xingda and Iceman Group failed to establish 
that they are separate from the PRC-wide entity.\3\ Consequently, the 
Department examined the PRC-wide entity, which included Xingda and 
Iceman Group, among other companies, for the Preliminary Results and 
assigned a preliminary weighted-average dumping margin of 308.33 
percent.\4\
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    \2\ Id.
    \3\ See March 4, 2013 ``Memorandum for the Preliminary Results 
in the Administrative Review: Certain Preserved Mushrooms from the 
Peopler's Republic of China'' (Preliminary Decision Memorandum) at 
8-11.
    \4\ Id.
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    We invited interested parties to comment on the Preliminary 
Results.\5\ We received no comments from interested parties.
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    \5\ See Preliminary Results, 78 FR at 15685.
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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.\6\
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    \6\ 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).

[[Page 34038]]

Although the HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of this order is 
dispositive.

Final Determination Not To Rescind Review in Part

    In the Preliminary Results, consistent with its practice,\7\ the 
Department stated its intent not to rescind the review for the 
following companies that remain a part of the PRC-wide entity: (1) 
China National Cereals, Oils & Foodstuffs Import & Export Corp.; (2) 
China Processed Food Import & Export Co.; (3) Fujian Pinghe Baofeng 
Canned Foods; (4) Fujian Yuxing Fruits and Vegetables Foodstuffs 
Development Co., Ltd.; (5) Fujian Zishan Group Co., Ltd.; (6) Guangxi 
Eastwing Trading Co., Ltd.; (7) Inter-Foods (Dongshan) Co., Ltd.; (8) 
Longhai Guangfa Food Co., Ltd.; (9) Primera Harvest (Xiangfan) Co., 
Ltd.; (10) Shandong Fengyu Edible Fungus Corporation Ltd.; (11) Sun 
Wave Trading Co., Ltd.; (12) Xiamen Greenland Import & Export Co., 
Ltd.; (13) Xiamen Gulong Import & Export Co., Ltd.; (14) Xiamen Jiahua 
Import & Export Trading Co., Ltd.; (15) Xiamen Longhuai Import & Export 
Co., Ltd.; (16) Zhangzhou Long Mountain Food Co., Ltd.; and (17) 
Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd.\8\ At that 
time, we explained that, although the Department received withdrawal of 
review requests for these companies, we would not rescind the reviews 
because the PRC-wide entity remains under review.\9\ Since the 
Preliminary Results, the Department has not received any information 
that would cause it to revisit its preliminary determination not to 
rescind the review with respect to these companies. Accordingly, 
consistent with its practice, the Department will issue appropriate 
instructions to U.S. Customs and Border Protection (CBP) for any 
entries made by these companies during the period of review (POR).
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    \7\ See, e.g., Handtrucks and Certain Parts Thereof from the 
People's Republic of China: Preliminary Results of the 2010-2011 
Antidumping Duty Administrative Review, 78 FR 1835 (January 9, 
2013), and accompanying Preliminary Decision Memorandum at 3.
    \8\ 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. 
In the immediately-preceding review, the Department calculated a 
separate rate for Fujian Golden Banyan Foodstuffs Industrial Co., 
Ltd., 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).
    \9\ See Preliminary Results, 77 FR at 15684-85.
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Final Determination of No Shipments

    In the Preliminary Results, consistent with its practice, the 
Department stated its intent to continue the review of the following 
companies that claimed no reviewable transactions 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) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd.\10\ 
Subsequent to the Preliminary Results, no information was submitted on 
the record that would cause the Department to revisit its preliminary 
determination of no shipments by these companies. Accordingly, 
consistent with its practice,\11\ the Department will issue appropriate 
instructions to CBP for any entries made by these companies during the 
POR.
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    \10\ Id.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Final Results of Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
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Blue Field (Sichuan) Food Industrial Co., Ltd..............       102.11
PRC-wide entity \12\.......................................       308.33
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Disclosure

    We will disclose calculation memoranda used in our analysis to 
parties to this proceeding within five days of the date of publication 
of this notice pursuant to 19 CFR 351.224(b).
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    \12\ The PRC-wide entity includes, among other companies: 
Dujiangyan Xingda Foodstuffs Co., Ltd., Zhejiang Iceman Group Co., 
Ltd., Ayecue (Liaocheng) Foodstuffs Co., Ltd., and Shandong Jiufa 
Edible Fungus Corporation, Ltd.
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Assessment Rates

    The Department has determined, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.\13\ 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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    \13\ See section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act); 19 CFR 351.212(b)(1).
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    In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific (or customer-specific) assessment rates for merchandise 
subject to this review for any individually examined respondents whose 
weighted-average dumping margin is above de minimis (i.e., 0.5 
percent).\14\ Blue Field did not report entered values for its U.S. 
sales. Accordingly, we calculated a per-unit assessment rate for each 
of Blue Field's importers (or customers) by dividing the total dumping 
margins for reviewed sales to that importer by the kilogram weight of 
those transactions. For assessment rates calculated on this basis, we 
will direct CBP to assess the resulting per-unit dumping margin.
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    \14\ In these final 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).
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    The Department recently announced a refinement to its assessment 
practice in non-market economy (NME) cases.\15\ 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 NME-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 the exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate.\16\
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    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \16\ See id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
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 Act: (1) The cash deposit rate 
for the companies subject to this review will be equal to the 
respective weighted-average dumping margin established in the final 
results of this review; (2) for previously investigated or reviewed 
companies not listed above that have their own rates, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the 
exporter participated; (3) for all other PRC exporters that have not 
been found to be entitled to a separate rate, the cash

[[Page 34039]]

deposit rate will be that for the PRC-wide entity (i.e., 308.33 
percent); and (4) for all non-PRC exporters of the 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 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 order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment 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 administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-13431 Filed 6-5-13; 8:45 am]
BILLING CODE 3510-DS-P