[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17505-17506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07001]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2013-2014

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective Date: March 28, 2014.
SUMMARY: The Department of Commerce (the Department) received a timely 
request for a new shipper review of the antidumping duty order on 
certain preserved mushrooms from the People's Republic of China (PRC) 
from Dezhou Kaihang Agricultural Science Technology Co., Ltd. (Dezhou 
Kaihang). The Department determined that the request meets the 
statutory and regulatory requirements for initiation. As a consequence, 
in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(d)(1), the Department is 
initiating an antidumping duty new shipper review of Dezhou Kaihang. 
The period of review (POR) of this new shipper review is February 1, 
2013, through February 28, 2014, as explained further in the ``Period 
of Review'' section below.

FOR FURTHER INFORMATION CONTACT: John Drury or Ilissa Shefferman, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-
0195 or (202) 482-4684, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department published the antidumping duty 
order on certain preserved mushrooms from the PRC.\1\ The antidumping 
duty order on certain preserved mushrooms from the PRC therefore has a 
February anniversary month. On February 27, 2014, Dezhou Kaihang timely 
filed a request for a new shipper review.\2\ In its request for review, 
Dezhou Kaihang identified itself as the exporter of the subject 
merchandise, while listing the producer as Shandong Fengyu Edible 
Fungus Co., Ltd. (Fengyu).
---------------------------------------------------------------------------

    \1\ See Notice of Amendment of Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Certain Preserved 
Mushrooms From the People's Republic of China, 64 FR 8308 (February 
19, 1999).
    \2\ See Letter from Dezhou Kaihang to Secretary of Commerce, 
dated February 27, 2014 (Dezhou Kaihang Request).
---------------------------------------------------------------------------

    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Dezhou Kaihang certified that: (1) 
it did not export subject merchandise to the United States during the 
period of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the 
Act and 19 CFR 351.214(b)(2)(ii)(A)); (2) since the initiation of the 
investigation it has never been affiliated with any company that 
exported subject merchandise to the United States during the POI, 
including those companies not individually examined during the 
investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A)); and (3) its export activities were not 
controlled by the central government of the PRC (see 19 CFR 
351.214(b)(2)(iii)(B)). Dezhou Kaihang and Fengyu also certified that 
Fengyu did not export the subject merchandise to the United States 
during the POI (see 19 CFR 351.214(b)(2)(ii)(B)).\3\
---------------------------------------------------------------------------

    \3\ Id. at 2 and Attachment 1.
---------------------------------------------------------------------------

    With respect to the certifications by and on behalf of Fengyu, the 
Department notes that Fengyu was subject to a prior new shipper review. 
In that review, the Department rescinded the review because the 
Department was ``unable to make an affirmative determination that 
subject merchandise produced and exported by Fengyu actually entered 
the United States for consumption during the POR.'' \4\ The Department 
intends to explore the circumstances behind Fengyu's certifications and 
documentation during the course of the instant review.
---------------------------------------------------------------------------

    \4\ See Certain Preserved Mushrooms From the People's Republic 
of China; Final Results and Final Rescission in Part, of Antidumping 
Duty New Shipper Reviews, 76 FR 16604, 16606 (March 24, 2011).
---------------------------------------------------------------------------

    Moreover, in accordance with 19 CFR 351.214(b)(2)(iv), Dezhou 
Kaihang submitted documentation establishing the following: (1) the 
date on which it first shipped subject merchandise to the United 
States; (2) the volume of its first shipment; and (3) the date of its 
first sale to an unaffiliated customers in the United States.\5\
---------------------------------------------------------------------------

    \5\ See Dezhou Kaihang Request at Attachment 2.
---------------------------------------------------------------------------

    Finally, the Department conducted a U.S. Customs and Border 
Protection (CBP) database query and, except as explained below, 
confirmed the price, quantity, date of sale, and date of entry of the 
sale at issue.\6\
---------------------------------------------------------------------------

    \6\ Id.; see also Memorandum to the File from the Case Analyst, 
``Certain Preserved Mushrooms from the People's Republic of China: 
U.S. Customs and Border Protection Information for New Shipper 
Review Request,'' dated March 21, 2014 (Customs Data File), and 
herein incorporated by reference.
---------------------------------------------------------------------------

Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a new shipper review within one year of the date on which its subject 
merchandise was first entered. In terms of timing, 19 CFR 351.214(d) 
explains that where the new shipper review was requested in the six-
month period ending with the end of the anniversary month the 
Department initiates the review in the calendar month immediately 
following the anniversary month. Moreover, 19 CFR 351.214(g)(1)(i)(A) 
states that if the new shipper review was initiated in the month 
immediately following the anniversary month, the review will normally 
cover, as appropriate, entries,

[[Page 17506]]

exports, or sales during the 12-month period immediately preceding the 
anniversary month. Therefore, because Dezhou Kaihang requested a new 
shipper review in February, the anniversary month, the Department is 
initiating this review in March, and the POR is February 1, 2013, 
through January 31, 2014.
    In this instance, Dezhou Kaihang's sale of subject merchandise was 
made during the POR specified by the Department's regulations,\7\ but 
the subject shipment entered within the 30 days after the end of this 
POR.\8\ When the sale of subject merchandise occurs within the POR, but 
the entry occurs after the POR, the POR may be extended unless it would 
be likely to prevent the completion of the review within the time 
limits set by the Department's regulations.\9\ Additionally, the 
preamble to the Department's regulations states that both the entry and 
the sale should occur during the POR.\10\ The Department finds that 
extending the POR to capture this entry would not prevent the 
completion of the review within the time limits set by the Department's 
regulations. Therefore, the Department extended the POR for the new 
shipper review of Dezhou Kaihang by 28 days, or until February 28, 
2014.
---------------------------------------------------------------------------

    \7\ See Dezhou Kaihang Request at 2 and Attachment 2.
    \8\ See Customs Data File at Attachment 1, Line 10191.
    \9\ See 19 CFR 351.214(f)(2)(ii).
    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27319-27320 (May 19, 1997).
---------------------------------------------------------------------------

Initiation of Review

    Based upon information on the record, and pursuant to section 
751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds 
that Dezhou Kaihang's request meets the statutory and regulatory 
requirements for initiation of a new shipper review.\11\ Accordingly, 
the Department is initiating a new shipper review of the antidumping 
duty order on certain preserved mushrooms from the PRC for subject 
merchandise produced by Fengyu and exported by Dezhou Kaihang. This 
review covers the period February 1, 2013, through February 28, 
2014.\12\ Absent a determination that the case is extraordinarily 
complicated, the Department intends to issue the preliminary results of 
this review within 180 days after the date on which this review is 
initiated and the final results within 90 days after the date on which 
the Department issues the preliminary results.\13\
---------------------------------------------------------------------------

    \11\ See Memorandum from John Drury and Ilissa Kabak Shefferman 
to the File through Richard O. Weible entitled, ``Initiation of 
Antidumping Duty New Shipper Review: Certain Preserved Mushrooms 
from the People's Republic of China (A-570-851),'' dated March 20, 
2014.
    \12\ See 19 CFR 351.214(g)(1)(i)(A) and discussion above 
concerning extending the POR.
    \13\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(h)(i).
---------------------------------------------------------------------------

    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the country-wide rate provide evidence of de jure 
and de facto absence of government control over the company's export 
activities.\14\ Accordingly, the Department will issue a questionnaire 
to Dezhou Kaihang that will include a separate rates section. This 
review may proceed if the response provides sufficient indication that 
Dezhou Kaihang is not subject to either de jure or de facto government 
control with respect to its exports of preserved mushrooms. However, if 
Dezhou Kaihang does not demonstrate eligibility for a separate rate, it 
will be deemed not to have met the requirements of section 
751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2)(iii)(B) and, 
therefore, not separate from the PRC-wide entity. Under such 
circumstances, consistent with its practice, the Department will 
rescind the new shipper review.\15\
---------------------------------------------------------------------------

    \14\ See, e.g., Wooden Bedroom Furniture from the People's 
Republic of China: Preliminary Results of Antidumping Duty New 
Shipper Reviews, 75 FR 72794, 72796 (November 26, 2010), unchanged 
in Wooden Bedroom Furniture from the People's Republic of China: 
Final Results of Antidumping Duty New Shipper Reviews, 76 FR 9747 
(February 22, 2011).
    \15\ See Certain Preserved Mushrooms from the People's Republic 
of China: Notice of Initiation of Antidumping Duty New Shipper 
Reviews, 75 FR 62108, 62108 (October 7, 2010).
---------------------------------------------------------------------------

    Upon initiation, the Department will direct CBP to suspend 
liquidation of any unliquidated entries of subject merchandise produced 
by Fengyu and exported by Dezhou Kaihang. The Department will instruct 
CBP to allow (at the option of the importer) the posting, until the 
completion of the review, of a bond or security in lieu of a cash 
deposit for each entry of subject merchandise exported by Dezhou 
Kaihang and produced by Fengyu in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Dezhou 
Kaihang certified that the sales which form the basis for its request 
were produced by Fengyu, the Department will instruct CBP to permit the 
use of a bond only for entries of subject merchandise produced by 
Fengyu and exported by Dezhou Kaihang.
    Interested parties requiring access to business proprietary 
information in this new shipper review should submit applications for 
disclosure under administrative protective order, in accordance with 19 
CFR 351.305 and 351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.221(c)(1)(i).

    Dated: March 20, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-07001 Filed 3-27-14; 8:45 am]
BILLING CODE 3510-DS-P