Fresh Garlic From the People's Republic of China: Initiation of New Shipper Reviews, 266-267 [2011-33763]

Download as PDF 266 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices Dated: December 27, 2011. Susan Kuhbach, Acting Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews [FR Doc. 2011–33767 Filed 1–3–12; 8:45 am] BILLING CODE 3510–DS–P Import Administration, International Trade Administration, Department of Commerce. AGENCY: Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for February 2012 The following Sunset Reviews are scheduled for initiation in February 2012 and will appear in that month’s Notice of Initiation of Five-Year Sunset Reviews. Antidumping duty proceedings Department contact Clad Steel Plate from Japan (A–588–838) (3rd Review) ............................................................................. Pure Magnesium in Granular Form from the People’s Republic of China (A–570–864) (2nd Review) ...... Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in February 2012. wreier-aviles on DSK3TPTVN1PROD with NOTICES Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in February 2012. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in the Department’s Policy Bulletin 98.3— Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in VerDate Mar<15>2010 14:53 Jan 03, 2012 Jkt 226001 response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: December 12, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–33688 Filed 1–3–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Initiation of New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) has determined that two requests for a new shipper review (NSR) under the antidumping duty order on fresh garlic from the People’s Republic of China (PRC), meet the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2010, through October 31, 2011. DATES: Effective Date: January 4, 2012. FOR FURTHER INFORMATION CONTACT: Lingjun Wang and 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; AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 David Goldberger, (202) 482–4136. Jennifer Moats, (202) 482–5047. telephone: (202) 482–2316 and (202) 482–0780. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on November 16, 1994. See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 FR 59209 (November 16, 1994). On November 16, 2011, and November 30, 2011, the Department received timely NSR requests from Foshan Fuyi Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd. (Maycarrier) in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). Pursuant to the requirements set forth in 19 CFR 351.214(b), Fuyi certified that it is the exporter and Jinxiang Shenglong Trade Co., Ltd. (Shenglong) certified that it is the producer of the fresh garlic exported by Fuyi; Maycarrier certified that it is the exporter and Yishui Hengshun Food Co., Ltd. (YHFC) certified that it is the producer of the fresh garlic exported by Maycarrier. Moreover, Fuyi, Shenglong, Maycarrier and YHFC each certified that: (1) They did not export fresh garlic for sale to the United States during the period of investigation (POI); (2) since the investigation was initiated, they have never been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation; and (3) their export activities are not controlled by the E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices central government of the PRC. In addition, Fuyi and Maycarrier submitted documentation establishing the following: (1) The date on which fresh garlic was first entered; and (2) the volume of that and subsequent shipments; and (3) the date of the first sale to an unaffiliated customer in the United States. The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that shipments reported by Fuyi and Maycarrier had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Fuyi and Maycarrier in their requests. See Memorandum to The File from The Team, ‘‘Fresh Garlic from People’s Republic of China: Initiation of Antidumping New Shipper Review for Foshan Fuyi Food Co., Ltd.’’; see also Memorandum to The File from The Team, ‘‘Fresh Garlic from People’s Republic of China: Initiation of Antidumping New Shipper Review for Qingdao Maycarrier Import & Export Co., Ltd.’’ wreier-aviles on DSK3TPTVN1PROD with NOTICES Period of Review In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR initiated in the month immediately following the anniversary month will be the twelve-month period immediately preceding the anniversary month. Therefore, the POR for this NSR is November 1, 2010, through October 31, 2011. The sales and entries into the United States of subject merchandise exported by Fuyi and Maycarrier and produced by Shenglong and YHFC, respectively, occurred during this twelve-month POR. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that the requests submitted by Fuyi and Maycarrier meet the threshold requirements for initiation of an NSR of their shipments of fresh garlic from the PRC. The Department intends to issue the preliminary results within 180 days after the date on which these reviews are initiated, and final results within 90 days after the date on which preliminary results are published, in accordance with 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 VerDate Mar<15>2010 14:53 Jan 03, 2012 Jkt 226001 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 Fuyi and Maycarrier which will include a separate rate section. The review of the exporter will proceed if the response provides sufficient indication that the exporter is not subject to either de jure or de facto government control with respect to the export of fresh garlic. We will instruct CBP 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 certain entries of the subject merchandise from Fuyi and Maycarrier in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege will only apply to entries of subject merchandise exported by Fuyi which have been produced by Shenglong, because it certified that the sale of subject merchandise documented in its NSR request was produced by Shenglong. Likewise, the bonding privilege will only apply to entries of subject merchandise exported by Maycarrier which have been produced by YHFC, because Maycarrier certified that the subject merchandise documented in its NSR request was produced by YHFC. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. 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: December 23, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–33763 Filed 1–3–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA915 Marine Mammals; File No. 16621 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that ´ Alejandro Acevedo-Gutierrez, Ph.D., SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 267 Biology Department, Western Washington University, Bellingham, WA has applied in due form for a permit to conduct research on harbor seals (Phoca vitulina). DATES: Written, telefaxed, or email comments must be received on or before February 3, 2012. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 16621 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; and Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, Seattle, WA 98115–0700; phone (206) 526–6150; fax (206) 526–6426. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Tammy Adams or Joselyd Garcia-Reyes, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests a five-year permit to address the interactions between humans and harbor seals in the Salish Sea, USA. They propose to estimate harbor seal response to (1) different kayak speeds in four haul-out sites to recommend management policies and (2) calls from bald eagles at two haul-out sites with different levels of boat traffic to estimate the effect of human activity on the response of seals to natural predators. The applicant E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Pages 266-267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33763]


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

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.

SUMMARY: The Department of Commerce (Department) has determined that 
two requests for a new shipper review (NSR) under the antidumping duty 
order on fresh garlic from the People's Republic of China (PRC), meet 
the statutory and regulatory requirements for initiation. The period of 
review (POR) is November 1, 2010, through October 31, 2011.

DATES: Effective Date: January 4, 2012.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang and 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-
2316 and (202) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994. See 
Antidumping Duty Order: Fresh Garlic From the People's Republic of 
China, 59 FR 59209 (November 16, 1994). On November 16, 2011, and 
November 30, 2011, the Department received timely NSR requests from 
Foshan Fuyi Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & 
Export Co., Ltd. (Maycarrier) in accordance with section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c).
    Pursuant to the requirements set forth in 19 CFR 351.214(b), Fuyi 
certified that it is the exporter and Jinxiang Shenglong Trade Co., 
Ltd. (Shenglong) certified that it is the producer of the fresh garlic 
exported by Fuyi; Maycarrier certified that it is the exporter and 
Yishui Hengshun Food Co., Ltd. (YHFC) certified that it is the producer 
of the fresh garlic exported by Maycarrier. Moreover, Fuyi, Shenglong, 
Maycarrier and YHFC each certified that: (1) They did not export fresh 
garlic for sale to the United States during the period of investigation 
(POI); (2) since the investigation was initiated, they have never been 
affiliated with any exporter or producer who exported the subject 
merchandise to the United States during the POI, including those not 
individually examined during the investigation; and (3) their export 
activities are not controlled by the

[[Page 267]]

central government of the PRC. In addition, Fuyi and Maycarrier 
submitted documentation establishing the following: (1) The date on 
which fresh garlic was first entered; and (2) the volume of that and 
subsequent shipments; and (3) the date of the first sale to an 
unaffiliated customer in the United States.
    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that shipments reported by 
Fuyi and Maycarrier had entered the United States for consumption and 
that liquidation had been properly suspended for antidumping duties. 
The information which the Department examined was consistent with that 
provided by Fuyi and Maycarrier in their requests. See Memorandum to 
The File from The Team, ``Fresh Garlic from People's Republic of China: 
Initiation of Antidumping New Shipper Review for Foshan Fuyi Food Co., 
Ltd.''; see also Memorandum to The File from The Team, ``Fresh Garlic 
from People's Republic of China: Initiation of Antidumping New Shipper 
Review for Qingdao Maycarrier Import & Export Co., Ltd.''

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is November 1, 2010, through October 
31, 2011. The sales and entries into the United States of subject 
merchandise exported by Fuyi and Maycarrier and produced by Shenglong 
and YHFC, respectively, occurred during this twelve-month POR.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that the 
requests submitted by Fuyi and Maycarrier meet the threshold 
requirements for initiation of an NSR of their shipments of fresh 
garlic from the PRC. The Department intends to issue the preliminary 
results within 180 days after the date on which these reviews are 
initiated, and final results within 90 days after the date on which 
preliminary results are published, in accordance with 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 Fuyi and Maycarrier which will include a 
separate rate section. The review of the exporter will proceed if the 
response provides sufficient indication that the exporter is not 
subject to either de jure or de facto government control with respect 
to the export of fresh garlic.
    We will instruct CBP 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 certain entries of the subject merchandise 
from Fuyi and Maycarrier in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege 
will only apply to entries of subject merchandise exported by Fuyi 
which have been produced by Shenglong, because it certified that the 
sale of subject merchandise documented in its NSR request was produced 
by Shenglong. Likewise, the bonding privilege will only apply to 
entries of subject merchandise exported by Maycarrier which have been 
produced by YHFC, because Maycarrier certified that the subject 
merchandise documented in its NSR request was produced by YHFC.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306.
    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: December 23, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-33763 Filed 1-3-12; 8:45 am]
BILLING CODE 3510-DS-P
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