[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Pages 32352-32353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13979]


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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 New Shipper Review; 2013-2014

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 new shipper review on January 22, 
2015.\1\ This review covers one company, Dezhou Kaihang Agricultural 
Science Technology Co., Ltd. (Dezhou Kaihang). 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. As a result of these 
changes, we find that Dezhou Kaihang did not make sales of subject 
merchandise at less than normal value. The period of review (POR) is 
February 1, 2013 through February 28, 2014.\2\
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    \1\ 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) (Preliminary 
Results).
    \2\ As noted in the Preliminary Results, the Department extended 
the review period for this new shipper review to capture the entry 
associated with the sale made by Dezhou Kaihang during the POR. See 
19 CFR 351.214(f)(2)(ii).

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 January 22, 
2015.\3\ On March 13, 2015, the Department extended the deadline for 
issuing the final results by 60 days.\4\ On February 23, 2015, Dezhou 
Kaihang submitted its case brief.\5\ On March 19, 2015, petitioner 
Monterey Mushrooms submitted a rebuttal brief.\6\
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    \3\ See Preliminary Results.
    \4\ 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 New Shipper Review: 2013-2014.
    \5\ See February 23, 2015 letter from Dezhou Kaihang to 
Secretary of Commerce Re: Certain Preserved Mushrooms from the 
People's Republic of China; Submission of Case Brief.
    \6\ See March 19, 2015 letter from Monterey Mushrooms to 
Secretary of Commerce from Monterey Mushrooms.
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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.\7\
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    \7\ 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 New Shipper Review'' dated June 1, 2015 (Issues and Decision 
Memorandum).
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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

[[Page 32353]]

Dezhou Kaihang. The analysis memorandum for Dezhou Kaihang contains 
further explanation of the margin calculations utilized in the final 
results.\8\
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    \8\ See Memorandum to the File from Michael J. Heaney ``Analysis 
of Data Submitted by Dezhou Kaihang Agricultural Science Technology 
Co., Ltd (Dezhou Kaihang) in the Final Results of New Shipper Review 
of the Antidumping Duty Order on Certain Preserved Mushrooms from 
the People's Republic of China (PRC)'' dated June 1, 2015 (Dezhou 
Kaihang Final Analysis Memorandum).
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Final Results of Review

    The weighted average dumping margin for the final results of this 
review for the period February 1, 2013 through February 28, 2014 and 
for the following exporter/producer combination is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                             average
            Exporter                    Producer         dumping  margin
                                                             (percent)
------------------------------------------------------------------------
Dezhou Kaihang Agricultural      Shandong Fengyu Edible            0.00
 Science Technology Co., Ltd.     Fungus Co., Ltd.
------------------------------------------------------------------------

Disclosure

    The Department intends to 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, because Dezhou Kaihang's margin is zero, 
we will instruct CBP to liquidate the entry covered in this new shipper 
review without regard to antidumping duties.
    On October 24, 2011, the Department announced a refinement to its 
assessment practice in non-market economy cases. \9\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales databases submitted by Dezhou Kaihang during this review, the 
Department will instruct CBP to liquidate at the PRC-wide rate.
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
shipments of the subject merchandise from the PRC 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) For subject 
merchandise produced by Shandong Fengyu Edible Fungus Co., Ltd. and 
exported by Dezhou Kaihang, no cash deposit rate will be required since 
the rate established in the Final Results of Review section of this 
notice is zero; (2) for subject merchandise exported by Dezhou Kaihang 
but not produced by Shandong Fengyu Edible Fungus Co., Ltd., the cash 
deposit rate will be that for the PRC-wide entity (i.e., 308.33 
percent); and (3) for subject merchandise produced by Shandong Fengyu 
Edible Fungus Co., Ltd. but not exported by Dezhou Kaihang, the cash 
deposit rate will be the rate applicable to that 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 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 the only 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)(2)(B) 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 Metal Cans
    Comment 2 Coal
    Comment 3 Labor Cost
    Comment 4 Surrogate Financial Ratios
Recommendation

[FR Doc. 2015-13979 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-DS-P