[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30841-30843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13939]


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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 and Final 
Determination of No Shipments; 2015-2016

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

SUMMARY: On March 6, 2017, the Department of Commerce (the

[[Page 30842]]

Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain preserved mushrooms 
from the People's Republic of China (PRC) covering the period of review 
(POR) February 1, 2015, through January 31, 2016. We invited interested 
parties to comment on the preliminary results. We received comments 
from Dezhou Kaihang Agricultural Science Technology Co., Ltd. (Dezhou 
Kaihang) agreeing with the preliminary results. No other party 
submitted comments. Accordingly, the final results remain unchanged 
from the preliminary results.

DATES: Effective July 3, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2017, the Department published the Preliminary Results 
\1\ of the 2015-2016 administrative review of the antidumping duty 
order \2\ on certain preserved mushrooms from the PRC. We invited 
interested parties to comment on the Preliminary Results. On April 5, 
2017, the Department received a letter in lieu of a case brief from 
Dezhou Kaihang.\3\ No other parties submitted case briefs or rebuttal 
briefs.
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    \1\ See 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, 82 
FR 12564 (March 6, 2017) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ 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) (Order).
    \3\ See Dezhou Kaihang Agricultural Science Technology Co., 
Ltd.'s Letter Brief in the Administrative Review of Certain 
Preserved Mushrooms from the People's Republic of China submitted 
April 5, 2017.
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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 
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 
memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance from Gary Taverman Deputy Assistant 
Secretary Antidumping and Countervailing Duty Operations ``Certain 
Preserved Mushrooms from the People's Republic of China: Issues and 
Decision Memorandum for the Final Results of Administrative Review'' 
(Issues and Decision Memorandum), dated concurrently with this 
notice and incorporated herein by reference.
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Analysis of Comments Received

    We addressed the comments received by Dezhou Kaihang in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is appended to this notice. The Issues and 
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 https://access.trade.gov and it is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Zhangzhou Hongda Import & Export Trading Co., Ltd. (Hongda) and 
Zhangzhou Gangchang Canned Foods Co., Ltd. Fujian and Zhangzhou 
Gangchang Canned Foods Co., Ltd (collectively Gangchang) did not have 
any reviewable entries during the POR.\5\ In particular, we found that 
Hongda and Gangchang 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.
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    \5\ See Preliminary Results, 82 FR at 12564-12565
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    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 Hongda and Gangchang and issue 
appropriate instructions to CBP based on the final results of the 
review.\6\ 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 Hongda and Gangchang had no reviewable 
entries of subject merchandise during the POR.
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    \6\ Id.
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Final Results of Review

    The Department received no comments disagreeing with the 
methodology or analysis employed in the Preliminary Results. 
Accordingly, the Department continues to determine that the following 
weighted-average dumping margin exists in these final results:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Dezhou Kaihang Agricultural Science Technology Co. Ltd.....        0.00
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    Additionally, in the Preliminary Results, we determined that the 
second mandatory respondent, Linyi City Kangfa Foodstuff Drinkable Co., 
Ltd. (Kangfa), failed to establish its eligibility for a separate rate 
and preliminarily determined to treat Kangfa as part of the 
PRC[hyphen]wide entity.\7\ We also preliminarily found that the 
remaining 98 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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    \7\ Id., at 12564.
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    No parties commented on this issue following the Preliminary 
Results. Therefore, in these final results, we continue to determine 
that Kangfa and the other 98 exporters are part of the PRC-wide 
entity.\8\ Because no party

[[Page 30843]]

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.\9\
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    \8\ 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.
    \9\ 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. In these final results, 
Dezhou Kaihang's weighted-average dumping margin is zero. Accordingly, 
we will instruct CBP to liquidate the entries reported by Dezhou 
Kaihang without regard to antidumping duties. The Department also 
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 non-market economy 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.\10\ Additionally, 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.\11\ As noted 
above, the Department determines that Hongda 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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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \11\ Id.
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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 Dezhou Kaihang the cash deposit is zero percent; (2) 
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; (3) for all PRC exporters of subject 
merchandise 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 (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(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: June 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment: Whether the Department Should Reaffirm the Preliminary 
Results With Respect to Dezhou Kaihang
Recommendation

[FR Doc. 2017-13939 Filed 6-30-17; 8:45 am]
 BILLING CODE 3510-DS-P