[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12564-12566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04281]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-851]


Certain Preserved Mushrooms From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain 
preserved mushrooms from the People's Republic of China (the PRC). The 
period of review (POR) is February 1, 2015, through January 31, 2016. 
The Department preliminarily determines that, during the POR, one 
mandatory respondent, Dezhou Kaihang Agricultural Science Technology 
Co. Ltd. (Dezhou Kaihang) did not sell subject merchandise below normal 
value (NV). We also preliminarily determine that the other mandatory 
respondent, Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa) 
has not demonstrated its eligibility for a separate rate and is, 
therefore, part of the PRC-wide entity. We preliminarily determine that 
the following companies had no reviewable shipments during the POR: (1) 
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Hongda); and (2) 
Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian and Zhangzhou 
Gangchang Canned Foods Co., Ltd. (collectively, Gangchang). Finally, we 
preliminarily find that the remaining 98 companies under review did not 
demonstrate their eligibility for a separate rate and are part of the 
PRC-wide entity. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective March 6, 2017.

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

Background

    On February 19, 1999, the Department published in the Federal 
Register the antidumping duty order on certain preserved mushrooms from 
the PRC.\1\ On February 3, 2016, the Department published in the 
Federal Register an opportunity to request an administrative review of 
the Order.\2\ On April 7, 2016, the Department published in the Federal 
Register a notice of initiation of this review, covering 103 
separately-named companies.\3\ On June 17, 2016, the Department 
selected Dezhou Kaihang and Kangfa as mandatory respondents and issued 
antidumping questionnaires to these companies.\4\ Dezhou Kaihang timely 
submitted questionnaire responses, but Kangfa did not respond to the 
Department's request for information.
---------------------------------------------------------------------------

    \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) (the Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 5712 (February 3, 2016).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation 
Notice).
    \4\ See Memorandum entitled, ``Administrative Review of the 
Antidumping Duty Order on Certain Preserved Mushrooms from the 
People's Republic of China,'' dated June 17, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are certain preserved mushrooms. 
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.\5\
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
Memorandum from James Maeder, Senior Director, Office I, for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Certain Preserved Mushrooms from the People's Republic 
of China: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2015-2016,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Two companies that received a separate rate in previous segments of 
the proceeding and are subject to this review, Hongda and Gangchang,\6\ 
certified that they did not have any exports of subject merchandise 
during the POR.\7\ We requested that U.S.

[[Page 12565]]

Customs and Border Protection (CBP) report any contrary information 
regarding these certifications.\8\ To date, we have received no 
evidence that these companies had any shipments of the subject 
merchandise sold to the United States during the POR. Further, 
consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to these companies but, rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of review.\9\
---------------------------------------------------------------------------

    \6\ In the company certification of no shipments, the names 
``Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian'' and 
``Zhangzhou Gangchang Canned Foods Co., Ltd.'' are used 
interchangeably. When a similar issue arose during an earlier new 
shipper review, counsel clarified that the correct name of the 
company is ``Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian.'' 
See Certain Preserved Mushrooms from the People's Republic of China: 
Preliminary Results of Antidumping Duty New Shipper Reviews 74 FR 
14772 (April 1, 2009) unchanged at Certain Preserved Mushrooms from 
the People's Republic of China: Final Results of Antidumping Duty 
New Shipper Reviews 74 FR 28882 (June 18, 2009). Nonetheless, in a 
subsequent administrative review, we identified the company as 
``Zhangzhou Gangchang Canned Foods Co., Ltd.'' See Certain Preserved 
Mushrooms from the People's Republic of China; Final Results of 
Administrative Review, 80 FR 32355 (June 8, 2015). In light of this 
interchangeable treatment, to avoid any confusion, we are including 
both name variations in our preliminary finding of no shipments.
    \7\ See Letters from Zhangzhou Gangchang Canned Foods Co., Ltd., 
and Zhangzhou Hongda Import & Export Trading Co., Ltd., dated May 6, 
2016. One additional company, Zhejiang Jinhua Jinli Mushroom Co., 
Ltd., also filed a no-shipment certification; however, because this 
company did not have a separate rate in previous segments of this 
proceeding and did not submit a separate rate application, we have 
continued to include this company in the PRC-wide entity.
    \8\ See CBP message numbers 7047304 and 7047303, dated February 
16, 2016.
    \9\ See, e.g., Non-Market Economy Antidumping Proceedings: 
Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 
2011).
---------------------------------------------------------------------------

Separate Rates

    The Department preliminarily determines that the information placed 
on the record by Dezhou Kaihang demonstrates that Dezhou Kaihang is 
entitled to separate rate status.\10\ No other parties submitted 
separate rate information in this review.
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum, at ``Discussion of the 
Methodology'' section.
---------------------------------------------------------------------------

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\11\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, nor did the Department self-initiate a review of 
the PRC-wide entity, the entity is not under review and the entity's 
rate (i.e., 308.33 percent) is not subject to change.\12\ Aside from 
Dezhou Kaihang and the no shipments companies discussed above, the 
Department considers all other companies for which a review was 
requested (which did not file a separate rate application or separate 
rate certfication) to be part of the PRC wide entity.\13\
---------------------------------------------------------------------------

    \11\ 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).
    \12\ See, e.g., Certain Preserved Mushrooms from the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review; 2013-2014; and Partial Rescission of Review 80 FR 32355, 
32357 (June 8, 2015).
    \13\ See Initiation Notice, 81 FR at 20325 (``All firms listed 
below that wish to qualify for separate rate status in the 
administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.''). Companies that are subject to this 
administrative review that are considered to be part of the PRC-wide 
entity are: (1) Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) 
Foodstuff Co., Ltd., (3) Blue Field (Sichuan) Food Industrial Co., 
Ltd., (4) Cargo Services (China) Limited, (5) Casia Global Logistics 
Co., Ltd., (6) Changzhou Chen Rong-Da Carpet Co., Ltd., (7) Chaoda 
Mushroom Co., Ltd., (8) China National Cereals, Oil & Foodstuffs 
Import & Export Corp., (9) China Processed Food Import & Export Co., 
(10) Dalian New Century Food Co., Ltd., (11) DHL ISC (Hong Kong) 
Limited, (12) DSV Air Sea Co., Ltd., (13) Dujiangyan Xingda 
Foodstuff Co., Ltd., (14) Ever Since Group Co., Ltd., (15) Fujian 
Blue Lake Foods Co., Ltd., (16) Fujian Golden Banyan Foodstuffs 
Industrial Co., Ltd., (17) Fujian Haishan Foods Co., Ltd., (18) 
Fujian Pinghe Baofeng Canned Foods, (19) Fujian Tongfa Foods Group 
Co., Ltd., (20) Fujian Yuxing Fruits and Vegetables Foodstuffs 
Development Co., Ltd., (21) Fujian Zishan Group Co., Ltd., (22) 
Golden Banyan Foodstuffs Industry Co., Ltd., (23) Guangxi Eastwing 
Trading Co., Ltd., (24) Guangxi Hengyong Industrial & Commerical 
Dev. Ltd., (25) Guangxi Jisheng Foods, Inc., (26) Hangzhou Happy 
Green Co., Ltd., (27) Hoa Mai Food Company Limited, (28) Honour Lane 
Shipping Ltd., (29) Inter-Foods (Dongshan) Co., Ltd., (30) Jeenhuat 
Foodstuffs Industries Sdn. Bhd., (31) Jewell International 
Corporation, (32) Jiangxi Cereals Oils Foodstuffs, (33) Jin Feng 
Food Co., Ltd., (34) Joy Foods (Zhangzhou) Co., Ltd., (35) Kuehne & 
Nagel Limited Xiamen Branch, (36) LF Logistics Co., Ltd., (37) 
Kangfa, (38) Linyi Yuqiao International Trade Co., Ltd., (39) 
Logistics THL Corp., (40) Longhai Guangfa Food Co., Ltd, (41) Mikado 
Food China Co., Ltd., (42) Nam Phuong International Co., Ltd., (43) 
Nam Tien Production & Export Co., Ltd., (44) Omni Ringo Business 
Ltd., (45) OOCL Logistics Ltd., (46) Orient Express Container Co., 
Ltd., (47) Paifu Enterprise Corporation, (48) Panalpina World 
Transport (PRC) Ltd., (49) Philippine Haofeng Food Corporation, (50) 
Primera Harvest (Xiangfan) Co., Ltd., (51) PT. Apex Maritim 
Indonesia, (52) PT. Eka Timur Raya (Etira Mushrooms), (53) PT. 
Suryajaya Abadi Perkasa, (54) Pudong Prime International Logistics 
Inc., (55) Seahorse Shipping Corporation, (56) Shandong Fengyu 
Edible Fungus Corporation Ltd., (57) Shandong Jiufa Edible Fungus 
Corporation, Ltd., (58) Shandong Xinfa Agricultural Science 
Corporation Ltd., (59) Shandong Yinfeng Rare Fungus Corporation, 
Ltd., (60) Shanghai Best Wholesome Economy & Trade Co., Ltd., (61) 
Shenzhen Syntrans International Logistics Co., Ltd., (62) Shouguang 
Sunrise Industry & Commerce Co., Ltd., (63) Shundi Foods Co., Ltd. 
(64) Speedier Logistics Co., Ltd., (65) Success Program 
International Transport J. S.C., (66) Sun Mark Industrial Corp., 
(67) Sun VN Transport Corp., (68) Sun Wave Trading Co., Ltd., (69) 
Sun Wave & Trading Co., Ltd., (70) Sunrise Food Industry & Commerce, 
(71) Thuy Duong Transport and Trading Service JSC, (72) Tianjin 
Fulida Supply Co., Ltd., (73) Woo Sun Food Factory Co., (74) Xiamen 
Aukking Imp. & Exp. Co., Ltd., (75) Xiamen Carre Food Co., Ltd., 
(76) Xiamen Choice Harvest Imp., (77) Xiamen Greenland Import & 
Export Co., Ltd., (78) Xiamen Gulong Imp. & Exp. Co., Ltd., (79) 
Xiamen Gulong Import & Export Co., Ltd., (80) Xiamen Huamin Import & 
Export Co., Ltd., (81) Xiamen International Trade & Industrial Co., 
Ltd., (82) Xiamen Jiahua Import & Export Trading Co., Ltd., (83) 
Xiamen Lian Fang Industry Co., Ltd., (84) Xiamen Longstar Lighting 
Co., Ltd., (85) Xiamen Longhuai Import & Export Co., Ltd., (86) 
Xiamen Sungiven Import & Export Co., Ltd., (87) Zhangzhou Golden 
Banyan Foodstuffs Industrial Co., Ltd. (88) Zhangzhou Long Mountain 
Foods Co., Ltd., (89) Zhangzhou Longhai Minhui Industry & Trade Co. 
Ltd., (90) Zhangzhou Tan Co. Ltd. Fujian, China, (91) Zhangzhou Tan 
Co., Ltd., (92) Zhangzhou Tongfa Foods Industry Co., Ltd., (93) 
Zhangzhou Xiangcheng Rainbow & Greenland Food Co., Ltd., (94) 
Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., (95) Zhangzhou 
Yuxing Import & Export Trading Co., Ltd., (96) Zhejiang Jinhua Jinli 
Mushroom Co., Ltd., (97) Zhejiang Iceman Food Co., Ltd., (98) 
Zhejiang Iceman Group Co., Ltd., and (99) Zhongshan Magic Foodstuff 
Co., Ltd.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For Dezhou Kaihang, export price was 
calculated in accordance with section 772(a) of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, normal value was calculated in accordance with section 773(c) 
of the Act. Because Kangfa did not demonstrate its elibility for a 
separate rate, we treated it as part of the PRC-wide entity.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 to all parties 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 on the internet at http://enforcement.trade.gov/frn/index.html.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dezhou Kaihang Agricultural Science Technology Co. Ltd.....        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\14\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to

[[Page 12566]]

submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\15\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the cases briefs are filed.\16\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(c)(2).
    \16\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\17\ 
Hearing requests should contain (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. Unless extended, the 
Department intends to issue the final results of this review, including 
the results of its analysis of issues raised by parties in their 
comments, within 120 days after the publication of these preliminary 
results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of review, the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\18\ If Dezhou Kaihang's weighted-
average dumping margin is above de minimis (i.e., 0.5 percent) in the 
final results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Specifically, the Department will apply the assessment rate calculation 
method adopted in Final Modification for Reviews.\19\ Where an 
importer-specific ad valorem rate is zero or de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\20\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
    \19\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) 
(Final Modification for Reviews).
    \20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales databases 
submitted by exporters individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. In addition, if the Department determines that an exporter under 
review 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 of 308.33 
percent.\21\ The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of review.
---------------------------------------------------------------------------

    \21\ See Certain Preserved Mushrooms from the People's Republic 
of China; Final Results of Antidumping Duty Administrative Review; 
2013-2014; and Partial Rescission of Review, 80 FR 32355, 32357 
(June 8, 2015).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 exported by Dezhou Kaihang, the cash deposit rate will be 
that established in the final results of review (except, if the rate is 
zero or de minimis, then the cash deposit rate will be zero for that 
exporter); (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity; 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 that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice 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 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 doubled antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213.

    Dated: February 28, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
    A. Non-Market Economy Country Status
    B. Separate Rates
    C. Surrogate Country
VI. Fair Value Comparisons
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. U.S. Price
    D. Normal Value
    E. Factor Valuations
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2017-04281 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P