Fresh Garlic From the People's Republic of China: Initiation of New Shipper Reviews, 38986-38988 [2010-16506]
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38986
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
CERTAIN FROZEN FISH FILLETS FROM
VIETNAM
Manufacturer/
exporter
Weighted-average
margin
NTSF ....................
0.00
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping duties
on all appropriate entries, pursuant to
19 CFR 351.212(b). We have calculated
importer-specific duty assessment rates
on a per-unit basis. Specifically, we
divided the total dumping margins
(calculated as the difference between
normal value and export price or
constructed export price) for each
importer by the total quantity of subject
merchandise sold to that importer
during the POR to calculate a per-unit
assessment amount. In this and any
future review, we will direct CBP to
assess importer-specific assessment
rates based on the resulting per-unit
(i.e., per-kilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this new shipper review.
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/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 violation
which is subject to sanction.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: June 27, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this final results of this
new shipper review for all shipments of
subject merchandise by NTSF, entered,
or withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Tariff Act of 1930, as amended
(‘‘Act’’): (1) For subject merchandise
produced and exported by NTSF, the
cash deposit rate will be zero; (2) for
subject merchandise exported by NTSF,
but not manufactured by NTSF, the cash
deposit rate will continue to be the
Vietnam-wide rate of $2.11/Kilogram;
and (3) for subject merchandise
manufactured by NTSF, but exported by
any party other than NTSF, the cash
deposit rate will be the rate applicable
to the exporter. These cash deposit
requirements will remain in effect until
further notice.
Comment 1: Surrogate Country.
Comment 2: Surrogate Values.
A. Whole Live Fish.
B. Surrogate Financial Ratios.
Comment 3: Indirect Labor.
Comment 4: Factors of Production
Denominator.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
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15:28 Jul 06, 2010
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[FR Doc. 2010–16496 Filed 7–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1686]
Grant of Authority for Subzone Status;
Schwarz Pharma Manufacturing, Inc.
(Pharmaceutical Products); Seymour,
IN
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Ports of Indiana, grantee
of Foreign-Trade Zone 170, has made
application to the Board for authority to
establish a special-purpose subzone at
the pharmaceutical manufacturing and
distribution facility of Schwarz Pharma
Manufacturing, Inc., located in
Seymour, Indiana, (FTZ Docket 36–
2009, filed 8/25/2009);
Whereas, notice inviting public
comment has been given in the Federal
Register (74 FR 45612–45613, 9/3/2009)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacturing
and distribution of pharmaceutical
products at the facility of Schwarz
Pharma Manufacturing, Inc., located in
Seymour, Indiana (Subzone 170B), as
described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.28.
Signed at Washington, DC, this 22 day of
June, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2010–16199 Filed 7–6–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Initiation of New
Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
E:\FR\FM\07JYN1.SGM
07JYN1
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
cprice-sewell on DSK8KYBLC1PROD with NOTICES
SUMMARY: The Department of Commerce
(the Department) has determined that
three timely requests for a new shipper
review of the antidumping duty order
on fresh garlic from the People’s
Republic of China (PRC), meet the
statutory and regulatory requirements
for initiation.
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–0780.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the
antidumping duty order on fresh garlic
from the PRC was published on
November 16, 1994. See Antidumping
Duty Order: Fresh Garlic from the
People’s Republic of China, 59 FR 59209
(November 16, 1994) (Order). On May
28, 2010, we received timely requests
for a new shipper review from
Shenzhen Bainong Co. Ltd. (Bainong),
Yantai Jinyan Trading Co. Ltd. (Jinyan),
and Jining Yifa Garlic Produce Co., Ltd.
(Yifa) in accordance with 19 CFR
351.214(c) and 351.214(d)(2). Jinyan and
Yifa have each certified that they are
both the producer and exporter of all of
the fresh garlic they exported to the
United States, which is the basis for
their requests for a new shipper review.
Bainong has certified that it is the
exporter of the fresh garlic it exported
to the United States, while Mingkai
Garlic Industry Co. Ltd. (Mingkai) is the
producer of the fresh garlic exported by
Bainong.
Pursuant to the requirements set forth
in 19 CFR 351.214(b)(2), in their
requests for a new shipper review,
Bainong, Jinyan, and Yifa each certified
that (1) they did not export fresh garlic
to the United States during the period
of investigation (POI); (2) since the
initiation of the investigation, they have
never been affiliated with any company
that exported subject merchandise to the
United States during the POI, including
any exporter or producer not
individually examined during the
investigation; and (3) their export
activities are not controlled by the
central government of the PRC. In
addition, Mingkai, the producer of the
subject merchandise for Bainong,
certified that it did not export the
subject merchandise to the United
States during the POI. In accordance
with 19 CFR 351.214(b)(2)(iv), Bainong,
Jinyan, and Yifa submitted
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15:28 Jul 06, 2010
Jkt 220001
documentation establishing the
following: (1) The date on which each
company first shipped fresh garlic for
export to the United States and the date
on which fresh garlic was first entered,
or withdrawn from warehouse, for
consumption; (2) the volume of the first
shipment; and (3) the date of the first
sale to an unaffiliated customer in the
United States.
Periods of Review
In accordance with 19 CFR
351.214(g)(1)(i)(B), the period of review
(POR) for new shipper reviews initiated
in the month immediately following the
semi-annual anniversary month will be
the six-month period immediately
preceding the semiannual anniversary
month. Therefore, under this order, the
POR is November 1, 2009 through April
30, 2010. The sales and entries into the
United States of subject merchandise
exported by Bainong and Yifa occurred
during this six-month POR. Therefore,
the POR for these new shippers is
November 1, 2009 through April 30,
2010.
When the sale of the subject
merchandise occurs within the POR
specified by the Department’s
regulations but the entry occurs after the
POR, the specified POR may be
extended unless it would be likely to
prevent the completion of the review
within the time limits set by the
Department’s regulations. See 19 CFR
351.214(f)(2)(ii). Additionally, the
preamble to the Department’s
regulations states that both the entry
and the sale should occur during the
POR, but that under ‘‘appropriate’’
circumstances the Department has the
flexibility to extend the POR. See
Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27319–
27320 (May 19, 1997). In this instance,
Jinyan’s sale of subject merchandise was
made during the POR specified by the
Department’s regulations but the
shipment entered almost a month after
the end of that POR. In its request for
a new shipper review, Jinyan requested
that the Department extend the POR for
its NSR to capture its entry. The
Department finds that extending the
POR to capture this entry would not
prevent the completion of the review
within the time limits set by the
Department’s regulations. Therefore, the
Department has extended the POR for
Jinyan’s new shipper review by one
month, making the POR for Jinyan
November 1, 2009 through May 31,
2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Tariff Act of 1930, as amended (the Act)
PO 00000
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38987
and 19 CFR 351.214(d)(1), we find that
the requests submitted by Bainong,
Jinyan, and Yifa meet the threshold
requirements for initiation of a new
shipper review for shipments of fresh
garlic from the PRC. See Memoranda to
the File through Barbara E. Tillman,
Director, AD/CVD Operations, Office 6,
Fresh Garlic from the People’s Republic
of China: Initiation of Antidumping New
Shipper Review—Bainong, Fresh Garlic
from the People’s Republic of China:
Initiation of Antidumping New Shipper
Review—Jinyan, and Fresh Garlic from
the People’s Republic of China:
Initiation of Antidumping New Shipper
Review—Yifa, each dated concurrently
with this notice. See 19 CFR
351.214(g)(1)(i)(A).
The Department will conduct these
reviews according to the deadlines set
forth in section 751(a)(2)(B)(iv) of the
Act. It is the Department’s usual
practice, in cases involving non-market
economies, to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country-wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, we will
issue questionnaires to Bainong, Jinyan,
and Yifa, which will include a separate
rate section. The review will proceed if
the response provides sufficient
indication that Bainong, Jinyan, and
Yifa are each not subject to either de
jure or de facto government control with
respect to the export of fresh garlic.
We will instruct U.S. Customs and
Border Protection to allow, at the option
of the importer, the posting, until the
completion of the review, of a bond or
security in lieu of a cash deposit for
each entry of the subject merchandise
from Bainong, Jinyan, and Yifa in
accordance with section 751(a)(2)(B)(iii)
of the Act and 19 CFR 351.214(e).
Because Jinyan and Yifa each certified
that it both produced and exported the
subject merchandise, the sale of which
is the basis for this new shipper review
request, we will apply the bonding
privilege to Jinyan and Yifa only for
subject merchandise which Jinyan and
Yifa each both produced and exported.
Because Bainong certified that its
subject merchandise was produced by
Mingkai, we will apply the bonding
privilege to Bainong only for subject
merchandise produced by Mingkai.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
E:\FR\FM\07JYN1.SGM
07JYN1
38988
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: June 30, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–16506 Filed 7–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XV90
Marine Mammals; File No. 14636
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
SUMMARY: Notice is hereby given that
Daniel P. Costa, Ph.D., University of
California at Santa Cruz, Long Marine
Laboratory, 100 Shaffer Road, Santa
Cruz, CA has been issued a permit to
conduct research on northern elephant
seals (Mirounga angustirostris).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
FOR FURTHER INFORMATION CONTACT:
Amy Sloan or Tammy Adams,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On April
20, 2010, notice was published in the
Federal Register (75 FR 20565) that a
request for a permit to conduct research
on the species identified above had been
submitted by the above-named
applicant. The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The permit authorizes Dr. Costa to
continue long-term studies on northern
elephant seals in California, including
population growth and status,
reproductive strategies, behavioral and
physiological adaptations for diving and
fasting, general physiology and
metabolism, and sensory capacities. The
permit expires June 30, 2015.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Dated: June 29, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–16495 Filed 7–6–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
AGENCY: Economic Development
Administration, Department of
Commerce.
ACTION: Notice and Opportunity for
Public Comment.
Pursuant to Section 251 of the Trade
Act of 1974 (19 U.S.C. 2341 et seq.), the
Economic Development Administration
(EDA) has received petitions for
certification of eligibility to apply for
Trade Adjustment Assistance from the
firms listed below. EDA has initiated
separate investigations to determine
whether increased imports into the
United States of articles like or directly
competitive with those produced by
each firm contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT 6/7/2010
THROUGH 6/24/2010
Date
accepted for
filing
Firm
Address
Flinchbaugh Engineering, Inc ...
4387 Run Way, York, PA
17406.
10860 Mulberry Avenue, Fontana, CA 92337–7027.
6/7/2010
Precision manufacturing of CNC machined metal parts.
6/7/2010
45 Leigh Drive, York, PA
17406.
1590 Todd Farm Drive, Elgin,
IL 60123.
8630 S. Regency Drive, Tulsa,
OK 74131.
1425 Commerce Lane, Jupiter,
FL 33458.
P.O. Box 100, Progreso, TX
78579.
1249 Lehigh Station Rd., Henrietta, NY 14467.
6/8/2010
Manufactures wood and plastic laminate cabinets,
countertops, reception desks, partitions, shelving, and millwork on a production and custom basis for commercial, industrial and other businesses.
American Products is a manufacturer of electronic controls.
151 Jimmy Carter, Plains, GA
31780.
6/9/2010
S&H Cabinets & Manufacturing,
Inc.
American Products, Inc ............
First Priority, Inc ........................
OK Fabricators, LLC .................
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Pace Machine &Tool, Inc .........
Rio Rico Farms, Inc ..................
Ted Hosmer Enterprises, Inc ....
Windham Castings, Inc .............
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6/8/2010
6/9/2010
6/9/2010
6/9/2010
6/9/2010
Sfmt 4703
Products
The company is a manufacturer of pharmaceuticals for the
veterinary industry.
Heavy equipment parts fabrication, to include but not limited
to HVAC, boilers, steam vents.
The firm produces custom-made machine parts; primary manufacturing material is metal.
Grower and processor of edible roots for human consumption.
The firm offers design/build for landscape and nursery supplies and plant material consisting of shrubs, trees,
perennials, annuals, and a wide variety of mulches. In the
winter months, the firm provides snow removal services.
The firm produces cast aluminum furniture; primary manufacturing material is aluminum.
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38986-38988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16506]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Initiation of
New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 38987]]
SUMMARY: The Department of Commerce (the Department) has determined
that three timely requests for a new shipper review of the antidumping
duty order on fresh garlic from the People's Republic of China (PRC),
meet the statutory and regulatory requirements for initiation.
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0780.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on fresh garlic
from the PRC was published on November 16, 1994. See Antidumping Duty
Order: Fresh Garlic from the People's Republic of China, 59 FR 59209
(November 16, 1994) (Order). On May 28, 2010, we received timely
requests for a new shipper review from Shenzhen Bainong Co. Ltd.
(Bainong), Yantai Jinyan Trading Co. Ltd. (Jinyan), and Jining Yifa
Garlic Produce Co., Ltd. (Yifa) in accordance with 19 CFR 351.214(c)
and 351.214(d)(2). Jinyan and Yifa have each certified that they are
both the producer and exporter of all of the fresh garlic they exported
to the United States, which is the basis for their requests for a new
shipper review. Bainong has certified that it is the exporter of the
fresh garlic it exported to the United States, while Mingkai Garlic
Industry Co. Ltd. (Mingkai) is the producer of the fresh garlic
exported by Bainong.
Pursuant to the requirements set forth in 19 CFR 351.214(b)(2), in
their requests for a new shipper review, Bainong, Jinyan, and Yifa each
certified that (1) they did not export fresh garlic to the United
States during the period of investigation (POI); (2) since the
initiation of the investigation, they have never been affiliated with
any company that exported subject merchandise to the United States
during the POI, including any exporter or producer not individually
examined during the investigation; and (3) their export activities are
not controlled by the central government of the PRC. In addition,
Mingkai, the producer of the subject merchandise for Bainong, certified
that it did not export the subject merchandise to the United States
during the POI. In accordance with 19 CFR 351.214(b)(2)(iv), Bainong,
Jinyan, and Yifa submitted documentation establishing the following:
(1) The date on which each company first shipped fresh garlic for
export to the United States and the date on which fresh garlic was
first entered, or withdrawn from warehouse, for consumption; (2) the
volume of the first shipment; and (3) the date of the first sale to an
unaffiliated customer in the United States.
Periods of Review
In accordance with 19 CFR 351.214(g)(1)(i)(B), the period of review
(POR) for new shipper reviews initiated in the month immediately
following the semi-annual anniversary month will be the six-month
period immediately preceding the semiannual anniversary month.
Therefore, under this order, the POR is November 1, 2009 through April
30, 2010. The sales and entries into the United States of subject
merchandise exported by Bainong and Yifa occurred during this six-month
POR. Therefore, the POR for these new shippers is November 1, 2009
through April 30, 2010.
When the sale of the subject merchandise occurs within the POR
specified by the Department's regulations but the entry occurs after
the POR, the specified POR may be extended unless it would be likely to
prevent the completion of the review within the time limits set by the
Department's regulations. See 19 CFR 351.214(f)(2)(ii). Additionally,
the preamble to the Department's regulations states that both the entry
and the sale should occur during the POR, but that under
``appropriate'' circumstances the Department has the flexibility to
extend the POR. See Antidumping Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this instance,
Jinyan's sale of subject merchandise was made during the POR specified
by the Department's regulations but the shipment entered almost a month
after the end of that POR. In its request for a new shipper review,
Jinyan requested that the Department extend the POR for its NSR to
capture its entry. The Department finds that extending the POR to
capture this entry would not prevent the completion of the review
within the time limits set by the Department's regulations. Therefore,
the Department has extended the POR for Jinyan's new shipper review by
one month, making the POR for Jinyan November 1, 2009 through May 31,
2010.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.214(d)(1), we find that the requests
submitted by Bainong, Jinyan, and Yifa meet the threshold requirements
for initiation of a new shipper review for shipments of fresh garlic
from the PRC. See Memoranda to the File through Barbara E. Tillman,
Director, AD/CVD Operations, Office 6, Fresh Garlic from the People's
Republic of China: Initiation of Antidumping New Shipper Review--
Bainong, Fresh Garlic from the People's Republic of China: Initiation
of Antidumping New Shipper Review--Jinyan, and Fresh Garlic from the
People's Republic of China: Initiation of Antidumping New Shipper
Review--Yifa, each dated concurrently with this notice. See 19 CFR
351.214(g)(1)(i)(A).
The Department will conduct these reviews according to the
deadlines set forth in section 751(a)(2)(B)(iv) of the Act. It is the
Department's usual practice, in cases involving non-market economies,
to require that a company seeking to establish eligibility for an
antidumping duty rate separate from the country-wide rate provide
evidence of de jure and de facto absence of government control over the
company's export activities. Accordingly, we will issue questionnaires
to Bainong, Jinyan, and Yifa, which will include a separate rate
section. The review will proceed if the response provides sufficient
indication that Bainong, Jinyan, and Yifa are each not subject to
either de jure or de facto government control with respect to the
export of fresh garlic.
We will instruct U.S. Customs and Border Protection to allow, at
the option of the importer, the posting, until the completion of the
review, of a bond or security in lieu of a cash deposit for each entry
of the subject merchandise from Bainong, Jinyan, and Yifa in accordance
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e).
Because Jinyan and Yifa each certified that it both produced and
exported the subject merchandise, the sale of which is the basis for
this new shipper review request, we will apply the bonding privilege to
Jinyan and Yifa only for subject merchandise which Jinyan and Yifa each
both produced and exported. Because Bainong certified that its subject
merchandise was produced by Mingkai, we will apply the bonding
privilege to Bainong only for subject merchandise produced by Mingkai.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
[[Page 38988]]
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: June 30, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-16506 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P