[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12692-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05409]


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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; 2014-2015

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

SUMMARY: On November 6, 2015, the Department of Commerce (the 
Department) published the Preliminary Results of the 2014-2015 
administrative review of the antidumping duty order on Certain 
Preserved Mushrooms from the People's Republic of China.\1\ The period 
of review (POR) is February 1, 2014, through January 31, 2015. This 
review covers one mandatory respondent, Linyi City Kangfa Foodstuff 
Drinkable Co., Ltd. (Kangfa). In the Preliminary Results, we determined 
that Kangfa is not eligible for a separate rate and, therefore is part 
of the PRC-wide entity. The Department invited interested parties to 
comment on the Preliminary Results. No parties commented. Accordingly, 
our final results remain unchanged from the Preliminary Results.
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    \1\ See Certain Preserved Mushrooms from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, and Rescission in Part, 80 FR 68836 (November 6, 2015) 
(Preliminary Results), and the accompanying Decision Memorandum 
(Preliminary Decision Memorandum).

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DATES: Effective Date: March 10, 2016.

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 November 6, 2015, the Department published the Preliminary 
Results. We invited interested parties to comment on the Preliminary 
Results, but no comments were received. Also, as explained in the 
memorandum from the Acting Assistant Secretary for Enforcement & 
Compliance, the Department has exercised its authority to toll all 
administrative deadlines due to the recent closure of the Federal 
Government. All deadlines in this segment of the proceeding have been 
extended by four business days. The revised deadline for the final 
results is now March 11, 2016.\2\
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    \2\ See Memorandum to the File from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Sniwstorm Jonas'' dated 
January 27, 2016.

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[[Page 12693]]

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.\3\
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    \3\ 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). Although the HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of this order is dispositive.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that (1) 
the exporter/producer combination of Dezhou Kaihang Agricultural 
Science Technology Co., Ltd. (Dezhou Kaihang)/Fujian Haishan Foods Co., 
Ltd. (Fengyu); (2) the exporter/producer combination of Fujian Haishan 
Foods Co., Ltd. (Fujian Haishan)/Zhangzhou Hongda Import & Export 
Trading Co., Ltd. (Hongda); (3) Guangxi Jisheng Foods, Inc. (Guangxi 
Jisheng), (4) Xiamen International Trade & Industrial Co., Ltd. 
(XITIC); and (5) Zhangzhou Gangchang Canned Foods Co., Ltd. (Gangchang) 
did not have any reviewable entries during the POR. In particular, we 
found that (1) Dezhou Kaihang/Fengyu, (2) Fujian Haishan/Hongda, (3) 
Guangxi Jisheng, (4) XITIC and (5) Gangchang all 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 those companies 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 Dezhou Kaihang/Fengyu, Fujian 
Haishan/Hongda, Guangxi Jisheng, XITIC, and Gangchang and issue 
appropriate instructions to CBP based on the final results of the 
review.\4\ 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 Dezhou Kaihang/Fengyu, Fujian Haishan/
Hongda, Guangxi Jisheng, XITIC, and Gangchang had no reviewable entries 
of subject merchandise during the POR.
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    \4\ See Preliminary Results, 80 FR at 68837.
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Final Results of Review

    In our Preliminary Results, we found that mandatory respondent 
Kangfa failed to establish its eligibility for a separate rate and 
preliminarily determined to treat Kangfa as part of the PRC[hyphen]wide 
entity.\5\ We also found that the remaining 51 exporters subject to 
this review did not establish their eligibility for separate rate 
status and that they were, thus, part of the PRC-wide entity.
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    \5\ See id. at 68838.
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    No parties commented on these Preliminary Results. Therefore, in 
these final results, we continue to determine that all 51 of these 
exporters are part of the PRC-wide entity. Each of these entities are 
listed in the attached Appendix. 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 in this review.\6\
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    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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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 has determined, 
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. The Department intends to 
instruct CBP to liquidate entries of subject merchandise from the 
exporters identified above as being part of the PRC-wide entity 
(including Kangfa) at the PRC-wide rate, i.e., 308.33 percent.
    Pursuant to a refinement in the Department's practice, 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.\7\ As noted above, the Department determines that Dezhou 
Kaihang/Fengyu, Fujian Haishan/Hongda, Guangxi Jisheng, XITIC, and 
Gangchang 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.
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    \7\ 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 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 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; (2) for all PRC exporters of subject 
merchandise

[[Page 12694]]

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); and (3) 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.

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 final 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: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Companies Included in the PRC Wide Entity

    The PRC Entity includes the following 51 entities: (1) 
Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd, 
(3) Blue Field (Sichuan) Food Industrial Co., Ltd., (4) Casia Global 
Logistics Co., Ltd., (5) Changzhou Chen Rong- Da Carpet Co., Ltd., 
(6) China National Cereals, Oils & Foodstuffs Import & Export Corp., 
(7) China Processed Food Import & Export Co., (8) DHL ISC (Hong 
Kong) Limited, (9) Dujiangyan Xingda Foodstuff Co., Ltd., (10) 
Fujian Blue Lake Foods Co., Ltd., (11) Fujian Golden Banyan 
Foodstuffs Industrial Co., Ltd., (12) Fujian Pinghe Baofeng Canned 
Foods, (13) Fujian Yuxing Fruits and Vegetables Foodstuffs 
Development Co., Ltd., (14) Fujian Zishan Group Co., Ltd., (15) 
Guangxi Eastwing Trading Co., Ltd., (16) Guangxi Hengyang Industrial 
& Commercial Dev., Ltd., (17) Guangxi Hengyong Industrial & 
Commercial Dev. Ltd., (18) Inter-Foods (Dongshan) Co., Ltd., (19) 
Jiangxi Cereal Oils Foodstuffs, (20) Joy Foods (Zhangzhou) Co., 
Ltd., (21) Kangfa, (22) Longhai Guangfa Food Co., Ltd., (23) Primera 
Harvest (Xiangfan) Co., Ltd., (24) Shandong Jiufa Edible Fungus 
Corporation, Ltd., (25) Shandong Xinfa Agricultural Science 
Corporation Ltd., (26) Shandong Yinfeng Rare Fungus Corporation, 
Ltd., (27) Shenzhen Syntrans International Logistics Co., Ltd., (28) 
Sun Wave Trading Co., Ltd., (29) Sunrise Food Industry & Commerce, 
(30) Shouguang Sunrise Industry & Commerce Co., Ltd., (31) Thuy 
Duong Transport And Trading Service JSC, (32) Tianjin Fulida Supply 
Co., Ltd., (33) Xiamen Aukking Imp. & Exp. Co., Ltd., (34) Xiamen 
Carre Food Co., Ltd., (35) Xiamen Choice Harvest Imp., (36) Xiamen 
Greenland Import & Export Co., Ltd., (37) Xiamen Gulong Import & 
Export Co., Ltd., (38) Xiamen Huamin Imp. & Exp. Co., Ltd., (39) 
Xiamen Jiahua Import & Export Trading Co., Ltd., (40) Xiamen 
Longhuai Import & Export Co., Ltd., (41) Xiamen Longhuai Imp. & Exp. 
Co., Ltd., (42) Xiamen Longstar Lighting Co., Ltd., (43) Xiamen 
Sungiven Import & Export Co., Ltd., (44) Zhangzhou Golden Banyan 
Foodstuffs Industrial Co., Ltd., (45) Zhangzhou Long Mountain Foods 
Co., Ltd., (46) Zhangzhou Longhai Minhui Industry & Trade Co., Ltd., 
(47) Zhangzhou Tan Co., Ltd., (48) Zhangzhou Tongfa Foods Industry 
Co., Ltd., (49) Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., (50) 
Zhejiang Iceman Food Co., Ltd., and (51) Zhejiang Iceman Group Co., 
Ltd.

[FR Doc. 2016-05409 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-DS-P