[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60883-60884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25704]


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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

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

DATES: Effective Date: October 8, 2015.

SUMMARY: The Department of Commerce (the Department) is initiating a 
new shipper review of the antidumping duty order on certain preserved 
mushrooms (mushrooms) from the People's Republic of China (PRC) 
involving Linyi Yuqiao International Trade Co., Ltd. (Yuqiao). The 
period of review (POR) of this new shipper review is February 1, 2015, 
through July 31, 2015.

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-
4475 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1999, the Department published the antidumping duty 
order on mushrooms from the PRC.\1\ Pursuant to section 751(a)(2)(B)(i) 
of the Tariff Act of 1930, as amended (the Act), we received a timely 
request for a new shipper review of the order from Yuqiao.\2\ In its 
request for review, Yuqiao identified itself as the exporter of the 
subject merchandise, while listing the producer as Linyi City Kangfa 
Foodstuff Drinkable Co., Ltd. (Kangfa).
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    \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 Yuqiao to Secretary of Commerce, dated 
August 28, 2015 (Yuqiao Request).
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    Pursuant to the requirements set forth in section 751(a)(2)(B)(i) 
of the Act and 19 CFR 351.214(b)(2), Yuqiao 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 exporter or 
producer 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 are not 
controlled by the central government of the PRC (see 19 CFR 
351.214(b)(2)(iii)(B)). Kangfa also certified that: (1) It did not 
export the subject merchandise to the United States during the POI (see 
19 CFR 351.214(b)(2)(ii)(B)); and (2) since the initiation of the 
investigation, Kangfa has never been affiliated with any exporter or 
producer that exported subject merchandise during the POI, including 
those companies not individually examined during the investigation.\3\
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    \3\ Id. at Attachment 1.
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    Moreover, in accordance with 19 CFR 351.214(b)(2)(iv), Yuqiao 
submitted documentation establishing the following: (1) The date on 
which it first entered merchandise into the United States; (2) the 
volume of its first shipment and a statement that it had no subsequent 
shipments; and (3) the date of its first sale to an unaffiliated 
customer in the United States.\4\
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    \4\ Id. at Attachment 2.
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    Finally, the Department conducted a U.S. Customs and Border 
Protection (CBP) database query and confirmed the price, quantity, and 
date of entry of the sale at issue.\5\ Notably, the CBP data indicate 
that Yuqiao's sale and entry of subject merchandise occurred during the 
POR and the entry was suspended for antidumping duties.
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    \5\ Id.; see also Memorandum to the File from the Case Analyst, 
``Certain Preserved Mushrooms from the People's Republic of China: 
Customs Data for NSR'', dated September 14, 2015, and herein 
incorporated by reference.
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Period of Review

    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for new shipper 
reviews initiated in the month immediately following the semiannual 
anniversary month will be the six month period immediately preceding 
the semiannual anniversary month. Therefore, because the semiannual 
anniversary month of this order is August, the POR for this new shipper 
review is February 1, 2015, through July 31, 2015.

[[Page 60884]]

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that Yuqiao's request meets the statutory and 
regulatory requirements for initiation of a new shipper review.\6\ 
Accordingly, the Department is initiating a new shipper review of the 
antidumping duty order on mushrooms from the PRC for subject 
merchandise produced by Kangfa and exported by Yuqaio. 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.\7\
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    \6\ See Memorandum from Michael J. Heaney to the File through 
Scot T. Fullerton entitled, ``Initiation of Antidumping Duty New 
Shipper Review: Certain Preserved Mushrooms from the People's 
Republic of China (A-570-851),'' dated September xx, 2015.
    \7\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 
351.214(h)(i).
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    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.\8\ Accordingly, the Department will issue a questionnaire 
to Yuqiao that will include a separate rates section. This review may 
proceed if the response provides sufficient indication that Yuqiao is 
not subject to either de jure or de facto government control with 
respect to its exports of mushrooms.
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    \8\ 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).
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    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 Yuqiao and produced by Kangfa in accordance 
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). 
Because Kangfa certified that the sales which form the basis for its 
request were produced by Kangfa, the Department will instruct CBP to 
permit the use of a bond only for entries of subject merchandise 
produced by Kangfa and exported by Yuqiao.
    To assist in its analysis of the bona fides of Yuqiao's sales, upon 
initiation of this new shipper review, the Department will require the 
company to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    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, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: October 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-25704 Filed 10-7-15; 8:45 am]
 BILLING CODE 3510-DS-P