Enforcement and Compliance, International Trade Administration, Department of Commerce.
On March 6, 2017, the Department of Commerce (the Start Printed Page 30842Department) 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.
Effective July 3, 2017.
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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.
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On March 6, 2017, the Department published the Preliminary Results 
of the 2015-2016 administrative review of the antidumping duty order 
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.
No other parties submitted case briefs or rebuttal briefs.
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.
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.
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.
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.
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.
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:
|Dezhou Kaihang Agricultural Science Technology Co. Ltd||0.00|
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‐wide entity.
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.
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.
Because no party Start Printed Page 30843requested 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.
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.
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.
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.
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.
List of Topics Discussed in the Issues and Decision Memorandum
Scope of the Order
Discussion of the Issues
Comment: Whether the Department Should Reaffirm the Preliminary Results With Respect to Dezhou Kaihang
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[FR Doc. 2017-13939 Filed 6-30-17; 8:45 am]
BILLING CODE 3510-DS-P