[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32355-32357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13975]


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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; 2013-2014; and 
Partial Rescission of Review

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

DATES: Effective Date: June 8, 2015.

SUMMARY: The Department of Commerce (the Department) published the 
Preliminary Results of the 2013/2014 administrative review on December 
3, 2014.\1\ We gave interested parties an opportunity to comment on the 
Preliminary Results. Based upon our analysis of the comments received, 
we made changes to the margin calculations for these final results. The 
final dumping margins are listed below in the ``Final Results of 
Review'' section of this notice. The period of review (POR) is February 
1, 2013 through January 31, 2014. The review covers two mandatory 
respondents, Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) and 
Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa).
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    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review; 2013/2014, 79 FR 71746 (December 3, 2014) (Preliminary 
Results).

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, 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-
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4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on December 3, 
2014.\2\ On March 13, 2015, the Department extended the deadline for 
issuing the final results by 60 days, until June 1, 2015.\3\ On January 
9, 2015, Gangchang and Kangfa submitted a joint case brief.\4\ On 
January 21, 2015,

[[Page 32356]]

petitioner Monterey Mushrooms submitted a rebuttal brief.\5\
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    \2\ See Preliminary Results.
    \3\ See Memorandum dated March 13, 2015 from Michael J. Heaney 
to Christian Marsh Re: Certain Preserved Mushrooms from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review: 2013-2014.
    \4\ See January 9, 2015 letter from Gangchang and Kangfa to 
Secretary of Commerce Re: Certain Preserved Mushrooms from the 
People's Republic of China; Submission of Respondents' Case Brief 
(Respondents Case Brief).
    \5\ See January 21, 2015 letter from Monterey Mushrooms to 
Secretary of Commerce from Monterey Mushrooms (Petitioner's Rebuttal 
Brief).
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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 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.\6\
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    \6\ For a complete description of the scope of the order, see 
``Certain Preserved Mushrooms from the People's Republic of China: 
Issues and Decision Memorandum for the Final Results in the 2013/
2014 Administrative Review,'' dated June 1, 2015 (Issues and 
Decision Memorandum) at 2.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (CRU), Room 7046 of the main 
Department of Commerce building, as well as electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and in the CRU. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our review of the comments received from interested 
parties regarding our Preliminary Results, and for the reasons 
explained in the Issues and Decision Memorandum, we have revised the 
margin calculation for both Gangchang and Kangfa. The respective 
analysis memoranda for Gangchang and Kangfa contain further explanation 
of the margin calculations utilized in the final results.\7\
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    \7\ See Memorandum to the File from Michael J. Heaney ``Analysis 
of Data Submitted by Zhangzhou Gangchang Canned Foods Co., Ltd. 
(Gangchang) in the Final Results of Administrative Review of the 
Antidumping Duty Order on Certain Preserved Mushrooms from the 
People's Republic of China (PRC)'' dated June 2, 2015 at 2 
(Gangchang Final Analysis Memorandum); see also Memorandum to the 
File from Michael J. Heaney ``Analysis of Data Submitted by Linyi 
City Kangfa Foodstuff Drinkable Co., Ltd. in the Final Results of 
Administrative Review of the Antidumping Duty Order on Certain 
Preserved Mushrooms from the People's Republic of China (PRC)'' 
dated June 2, 2015 (Kangfa Final Analysis Memorandum) at 2.
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Final Determination of No Shipments

    In the Preliminary Results, we determined that Xiamen International 
Trade & Industrial Co., Ltd. (XITIC) and Zhangzhou Hongda Import & 
Export Trading Co., Ltd. (Zhangzhou Hongda) did not have any reviewable 
entries during the POR because both XITIC and Zhangzhou Hongda 
submitted timely certifications of no shipments, entries, or sales of 
subject merchandise during the POR and we did not receive any 
information from U.S. Customs and Border Protection (CBP) indicating 
there were reviewable entries for XITIC or Zhangzhou Hongda during the 
POR. Consistent with the Department's assessment practice in non-market 
economy cases, we stated in the Preliminary Results that the Department 
would not rescind the review in these circumstances but, rather, would 
complete the review with respect to XITIC and Zhangzhou Hongda and 
issue appropriate instructions to CBP based on the final results of the 
review.\8\ We did not receive any comments following our Preliminary 
Results with respect to this issue. As such, in these final results, we 
continue to determine that XITIC and Zhangzhou Hongda had no reviewable 
entries of subject merchandise during the POR.
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    \8\ See Preliminary Results, 79 FR at 71747.
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Final Results of Review and Partial Rescission of Review

    In our Preliminary Results, we found that 48 companies subject to 
this review did not establish their eligibility for a separate rate and 
that they were, thus, part of the PRC-wide entity. In these final 
results, we continue to determine that 47 of these companies are part 
of the PRC-wide entity.\9\ Because no party requested a review of the 
PRC-wide entity and the Department no longer considers the PRC-wide 
entity as an exporter conditionally subject to administrative reviews, 
we did not conduct a review of the PRC-wide entity and the entity's 
rate is not subject to change. Finally, we note that one of the 
companies determined to be a part of the PRC-wide entity in our 
Preliminary Results, Dezhou Kaihang Agricultural Science Technology 
Co., Ltd. (Dezhou Kaihang), is a respondent in a new shipper review 
covering the period February 1, 2013 through February 28, 2014, the 
final results of which are being issued concurrent with these final 
results. Because the new shipper review encompasses the entire POR of 
the administrative review, Dezhou Kaihang's sole sale during the POR is 
covered by the new shipper review and, therefore there is no reviewable 
entry subject to this administrative review.\10\ Accordingly, we are 
rescinding this administrative review with respect to Dezhou Kaihang.
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    \9\ These 47 exporters are: (1)Ayecue (Liaocheng) Foodstuff Co., 
Ltd., (2) Blue Field (Sichuan) Food Industrial Co., Ltd., (3) China 
National Cereals, Oils & Foodstuffs Import & Export Corp., (4) China 
Processed Food Import & Export Co., (5) Dalian J&N Foods Co., Ltd., 
(6) Dujiangyan Xingda Foodstuff Co., Ltd., (7) Fujian Dongshan 
Changlong Trade Co., Ltd., (8) Fujian Golden Banyan Foodstuffs 
Industrial Co., Ltd., (9) Fujian Haishan Foods Co., Ltd., (10) 
Fujian Pinghe Baofeng Canned Foods, (11) Fujian Tongfa Foods Group 
Co., Ltd., (12) Fuzhou Sunshine Imp. & Exp. Co., Ltd., (13) Fujian 
Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd., (14) 
Fujian Zishan Group Co., Ltd., (15) Golden Banyan Foodstuffs Co., 
Ltd., (16) Guangxi Eastwing Trading Co., Ltd., (17) Guangxi Hengyong 
Industrial & Commercial Dev. Ltd., (18) Guangxi Jisheng Foods, Inc., 
(19) Inter-Foods (Dongshan) Co., Ltd., (20) Longhai Guangfa Food 
Co., Ltd., (21) Longhai Jiasheng Food Co., Ltd., (22) Primera 
Harvest (Xiangfan) Co., Ltd., (23) Qingdao Canned Foods Co., Ltd., 
(24) Shandong Fengyu Edible Fungus Corporation Ltd., (25) Shandong 
Jiufa Edible Fungus Corporation, Ltd., (26) Shandong Yinfeng Rare 
Fungus Corporation, Ltd., (27) Synehon (Xiamen) Trading Co., Ltd., 
(28) Sun Wave Trading Co., Ltd., (29) Xiamen Carre Food Co., Ltd., 
(30) Xiamen Choice Harvest Imp., (31) Xiamen Greenland Import & 
Export Co., Ltd., (32) Xiamen Gulong Import & Export Co., Ltd., (33) 
Xiamen Gulong Import Export Co. Ltd., (34) Xiamen Jiahua Import & 
Export Trading Co., Ltd., (35) Xiamen Longhuai Import & Export Co., 
Ltd., (36) Xiamen Sungiven Import & Export Co., Ltd., (37) Xiamen 
Yubang Import Export Trading Co. Ltd., (38) Zhangzhou Golden Banyan 
Foodstuffs Industrial Co., Ltd., (39) Zhangzhou Lixing Imp. & Exp. 
Trade Co., Ltd., (40) Zhangzhou Long Mountain Foods Co., Ltd., (41) 
Zhangzhou Tan Co., Ltd., (42) Zhangzhou Tianbaolong Food Co., Ltd., 
(43) Zhangzhou Tongfa Foods Industry Co., Ltd., (44) Zhangzhou 
Yuxing Imp. & Exp. Trading Co., Ltd., (45) Zhangzhou Xiangcheng 
Rainbow & Greenland Food Co., Ltd., (46) Zhejiang Iceman Food Co., 
Ltd., and (47) Zhejiang Iceman Group Co., Ltd.
    \10\ See Certain Preserved Mushrooms From the People's Republic 
of China: Preliminary Results of Antidumping Duty New Shipper 
Review; 2013/2014, 80 FR 3216 (January 22, 2015) and Accompanying 
Decision Memorandum at 1 (unchanged in final). We further note that 
Dezhou Kaihang's entry entered subsequent to the commencement of the 
AR. Id.
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    For the companies subject to this review that established their 
eligibility for a separate rate, the weighted average dumping margins 
for the final results of this review for the POR are as follows:

[[Page 32357]]



------------------------------------------------------------------------
                                                               Weighted
                                                                average
                          Exporter                              margin
                                                               (percent)
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Linyi City Kangfa Foodstuff Drinkable Co., Ltd..............       75.67
Zhangzhou Gangchang Canned Foods Co., Ltd...................       99.71
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Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b), the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review.
    For assessment purposes, for both Gangchang and Kangfa, we will 
instruct CBP to liquidate based upon a per-unit, importer-specific, 
assessment rate. This per-unit assessment rate is based on the ratio of 
the total amount of dumping calculated for the importer's examined 
sales to the total entered quantity of those same sales.\11\ For the 47 
companies identified above as being part of the PRC-wide entity, any 
entries will be assessed at the PRC-wide rate.
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    \11\ See 19 CFR 351.212(b)(1).
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy cases.\12\ 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 at the PRC-
wide rate. In addition, if the Department determines that an exporter 
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.
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    As noted above, the Department determines that XITIC and Zhangzhou 
Hongda did not have any reviewable transactions during the POR. As a 
result, any suspended entries that entered under these exporters' case 
numbers will be liquidated at the PRC-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) For the exporters listed above, the cash deposit rate will 
be the rate established in the final results of this review; (2) for 
previously investigated or reviewed PRC and non-PRC exporters which are 
not under review in this segment of the proceeding but received a 
separate rate in a previous segment, the cash deposit rate will 
continue to be the exporter-specific rate published for the most 
recently-completed period; (3) for all PRC exporters of subject 
merchandise which 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); \13\ 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(s) that supplied 
the non-PRC exporter. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \13\ In the Preliminary Results, we inadvertently identified the 
rate applicable to the PRC-wide entity as 303.80 percent. We have 
corrected that error in these final results to reflect the correct 
rate of 308.33 percent. See Certain Preserved Mushrooms From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2012-2013, 79 FR 12150, 12152 (March 4, 
2014).
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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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding 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 sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: June 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

List of Topics Discussed in the Accompanying Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of Issues
    Comment 1 Land Rent
    Comment 2 Well Water and Casing Soil
    Comment 3 Labor Cost
    Comment 4 Glass Jars and Metal Caps
    Comment 5 Compost Offset
    Comment 6 Surrogate Financial Ratios
Recommendation

[FR Doc. 2015-13975 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P