[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52403-52405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18779]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Rescission of 2015 Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review (NSR) of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (PRC). The NSR 
covers merchandise exported by Linyi Yuqiao International Trade Co., 
Ltd. (Yuqiao) and produced by Linyi City Kangfa Drinkable Co., Ltd. The 
period of review (POR) is February 1, 2015 through July 31, 2015. The 
Department preliminarily determines that Yuqiao did not make a bona 
fide sale during the POR. Because any weighted average dumping margin 
must be based solely on bona fide sales, we are preliminarily 
rescinding this NSR. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Effective August 8, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Robert James, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-
0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 8, 2015, the Department published a notice of initiation 
of a new shipper review of the antidumping duty order on certain 
preserved mushrooms from the PRC.\1\ The Department subsequently issued 
an antidumping duty questionnaire, and supplemental questionnaires, to 
Yuqiao and received timely responses thereto.
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    \1\ See Certain Preserved Mushrooms From the People's Republic 
of China: Initiation of Antidumping Duty New Shipper Review, 80 FR 
60883 (October 8, 2015) (Initiation Notice).
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    The Department has exercised its discretion to toll all 
administrative deadlines due to the recent closure of the Federal 
government because of Snowstorm ``Jonas.'' Thus, all of the deadlines 
in this segment of the proceeding have been extended by four business 
days. The revised deadline for the preliminary results of this review, 
after the four business-day extension, was April 4, 2016.\2\ However, 
on March 28, 2016, the Department extended the time period for issuing 
the preliminary results of this NSR by 120 days, until August 2, 
2016.\3\
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    \2\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm Jonas,'' dated January 27, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Preserved Mushrooms from the People's Republic of China: 
Extension of Deadline for the Preliminary Results of Antidumping 
Duty New Shipper Review,'' dated March 28, 2016.
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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. 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.\4\
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    \4\ For a complete description of the scope of the order, see 
``Decision Memorandum for the Preliminary Rescission of the 2015 
Antidumping Duty New Shipper Review of Certain Preserved Mushrooms 
from the People's Republic of China,'' from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance (Preliminary Decision Memorandum), dated 
concurrently with this notice.
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Methodology

    The Department is conducting this review in accordance with section

[[Page 52404]]

751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Yuqiao

    As discussed in the Bona Fide Sales Analysis Memorandum,\5\ the 
Department preliminarily finds that the sale made by Yuqiao is not a 
bona fide sale. The Department reached this conclusion based on its 
consideration of the totality of the circumstances surrounding the 
reported sale, including the timing of Yuqiao's one U.S. sale, the 
importer's lateness in paying Yuqiao, and other elements relating to 
the atypical behavior of all parties in the transaction chain. These 
factors indicate that Yuqiao's single U.S. sale is not representative 
of normal business practices and, thus, is not a bona fide sale.\6\ 
Because the factual information used in our bona fides analysis of 
Yuqiao's sale involves business proprietary information, for a full 
discussion of the basis for our preliminary determination see the Bona 
Fide Sales Analysis Memorandum.
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    \5\ See Memorandum to Scot Fullerton, Director, Office VI, AD/
CVD Operations, from Michael J. Heaney, Senior International Trade 
Analyst, Office VI, AD/CVD Operations, entitled ``2015 Antidumping 
Duty New Shipper Review of Certain Preserved Mushrooms From the 
People's Republic of China: Preliminary Bona Fide Sales Analysis for 
Linyi Yuqiao International Trade Co., Ltd.'' (Bona Fide Sales 
Analysis Memorandum), dated concurrently with this notice.
    \6\ See, generally, Bona Fide Sales Analysis Memorandum.
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\7\ 
Rebuttals to case briefs may be filed no later than five days after the 
due date for the case briefs.\8\ All rebuttal comments must be limited 
to comments raised in the case briefs.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\10\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\11\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022, and stamped with the date and time of receipt by 5 p.m. ET on 
the due date.\12\
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Unless extended, the Department intends to issue the final results 
or final rescission of this NSR, which will include the results of its 
analysis of issues raised in any briefs received, no later than 90 days 
after the date these preliminary results of review are issued pursuant 
to section 751(a)(2)(B)(iii) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Yuqiao's NSR, 
the assessment rate to which Yuqiao's shipments will be subject will 
not be affected by this review. However, the Department initiated an 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the PRC covering numerous exporters, including 
Yuqiao, for the period of February 1, 2015 through January 31, 2016, 
which overlaps with the period covered by this NSR.\13\ Thus, if the 
Department proceeds to a final rescission, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend subject 
merchandise exported by Yuqiao and entered into the United States 
during the period February 1, 2015 through January 31, 2016 until CBP 
receives instructions relating to the administrative review of this 
order covering that period.
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    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324, 20338-20240 (April 7, 2016).
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    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
an importer-specific (or customer-specific) assessment rate based on 
the final results of this review. However, pursuant to the Department's 
refinement to its assessment practice in non-market economy cases,\14\ 
for entries that were not reported in the U.S. sales database submitted 
by Yuqiao, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate.
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of Yuqiao's subject merchandise. If the Department proceeds to 
a final rescission of this NSR, the cash deposit rate will continue to 
be the PRC-wide rate for Yuqiao, because the Department will not have 
determined an individual margin of dumping for Yuqiao. If the 
Department does not proceed to a final rescission in this NSR, the 
Department will instruct CBP to collect cash deposits, effective upon 
the publication of the final results, at the rate established therein.

Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties

[[Page 52405]]

occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: August 2, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Sections in the Preliminary Decision Memorandum

    1. Summary
    2. Background
    3. Scope of the Order
    4. Discussion of the Methodology
    5. Conclusion

[FR Doc. 2016-18779 Filed 8-5-16; 8:45 am]
 BILLING CODE 3510-DS-P