Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2011-2012, 88-89 [2012-31447]

Download as PDF 88 Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices VII. In accordance with Part 756 of the Regulations, the Related Person may also file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VIII. A copy of this Order shall be delivered to the Denied Person and the Related Person. This Order shall be published in the Federal Register. Issued this 21st day of December 2012. Bernard Kritzer, Director, Office of Exporter Services. Rescission of Review [FR Doc. 2012–31442 Filed 12–31–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–886] Polyethylene Retail Carrier Bags From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding its administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People’s Republic of China (PRC) for the period August 1, 2011, through July 31, 2012. DATES: Effective Date: January 2, 2013. FOR FURTHER INFORMATION CONTACT: Jerrold Freeman at 202–482–0180 or Catherine Cartsos at 202–482–1757, AD/ CVD Operations Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: tkelley on DSK3SPTVN1PROD with Background On August 1, 2012, we published a notice of opportunity to request an administrative review of the antidumping duty order on PRCBs from the PRC for the period of review August 1, 2011, through July 31, 2012.1 On August 31, 2012, the petitioners, the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 77 FR 45580 (August 1, 2012). VerDate Mar<15>2010 16:42 Dec 31, 2012 Jkt 229001 Corporation, requested an administrative review of the order with respect to Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (collectively, Nozawa).2 On September 26, 2012, in accordance with section 751(a) of the Tariff Act of 1930, as amended (Act) and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the order on PRCBs from the PRC with respect to Nozawa.3 On November 21, 2012, the petitioners withdrew their request for an administrative review.4 Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ The petitioners withdrew their request for review within the 90-day time limit. Because we received no other requests for review of Nozawa and no other requests for the review of the order on PRCBs from the PRC with respect to other companies subject to the order, we are rescinding the administrative review of the order in full. This rescission is in accordance with 19 CFR 351.213(d)(1). Accordingly, the Department intends to issue appropriate assessment instructions to U.S. Customs and Border Protection 15 days after publication of this notice. Notification to Importer This notice 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 review period. 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. 2 See letter from the petitioners to the Department, ‘‘Polyethylene Retail Carrier Bags from the People’s Republic of China: Request for Administrative Review’’ (August 31, 2012). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 59168 (September 26, 2012). 4 See letter from the petitioners to the Department, ‘‘Polyethylene Retail Carrier Bags from the People’s Republic of China: Withdrawal of Request for Administrative Review’’ (November 21, 2012). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 (d)(4). Dated: December 21, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–31542 Filed 12–31–12; 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 Antidumping Duty New Shipper Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Department) has determined that a request for a new shipper review (NSR) under the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2011, through October 31, 2012. SUMMARY: DATES: Effective Date: January 2, 2012. FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices November 16, 1994.1 On November 27, 2012, the Department received a timely NSR request from Shijiazhuang Goodman Trading Co., Ltd. (Goodman) 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), Goodman certified that it is the exporter and Jinxiang Zhongtian Business Co., Ltd. (a.k.a. Jinxiang Zhongtian Trade Co., Ltd.) (Zhongtian) certified that it is the producer of the fresh garlic exported by Goodman. Moreover, Goodman and Zhongtian 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 central government of the PRC. In addition, Goodman submitted documentation establishing the following: (1) The date on which fresh garlic was first entered; (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 Goodman 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 Goodman in its request.2 tkelley on DSK3SPTVN1PROD with 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, 2011, through October 31, 2012. The sales and entries into the United States of subject merchandise exported by Goodman and produced by 1 See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 FR 59209 (November 16, 1994). 2 See Memorandum to The File regarding ‘‘Initiation of Antidumping Duty New Shipper Review of Fresh Garlic from the People’s Republic of China: Shijiazhuang Goodman Trading Co., Ltd.’’ dated concurrently with this notice. VerDate Mar<15>2010 16:42 Dec 31, 2012 Jkt 229001 Zhongtian occurred during this twelvemonth POR. DEPARTMENT OF COMMERCE Initiation of New Shipper Review 89 National Institute of Standards and Technology 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 Goodman’s request meets the threshold requirements for initiation of an NSR. The Department intends to issue the preliminary result within 180 days after the date on which the review is initiated, and the final results within 90 days after the date on which we issue the preliminary results.3 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 (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to Goodman that includes a separate rate section. The review will proceed if the response provides sufficient indication that the exporter and producer are not subject to either de jure or de facto government control with respect to their export of fresh garlic. The Department 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 Goodman 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 Goodman and produced by Zhongtian, the sales of which are the basis for this NSR request. 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 21, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–31447 Filed 12–31–12; 8:45 am] BILLING CODE 3510–DS–P 3 See PO 00000 section 751(a)(2)(B)(iv) of the Act. Frm 00007 Fmt 4703 Sfmt 4703 Announcing an Open Meeting of the Information Security and Privacy Advisory Board National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, February 13, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, Thursday, February 14, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, and Friday, February 15, 2013, from 8:00 a.m. until 12:00 p.m. Eastern Time. All sessions will be open to the public. DATES: The meeting will be held on Wednesday, February 13, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, Thursday, February 14, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, and Friday, February 15, 2013, from 8:00 a.m. until 12:00 p.m. Eastern Time. ADDRESSES: The meeting will take place at the United States Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC 20004. FOR FURTHER INFORMATION CONTACT: Annie Sokol, Information Technology Laboratory, National Institute of Standards and Technology, 100 Bureau Drive, Stop 8930, Gaithersburg, MD 20899–8930, telephone: (301) 975–2006, or by email at: annie.sokol@nist.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, February 13, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, Thursday, February 14, 2013, from 8:00 a.m. until 5:00 p.m. Eastern Time, and Friday, February 15, 2013, from 8:00 a.m. until 12:00 p.m. Eastern Time. All sessions will be open to the public. The ISPAB is authorized by 15 U.S.C. 278g–4, as amended, and advises the Secretary of Commerce, the Director of the Office of Management and Budget, and the Director of NIST on security and privacy issues pertaining to federal computer systems. Details regarding the ISPAB’s activities are available at https://csrc.nist.gov/groups/SMA/ispab/ index.html. The agenda is expected to include the following items: —Federal Information Security Management Act (FISMA) Policy, SUMMARY: E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Pages 88-89]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31447]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) has determined that a 
request for a new shipper review (NSR) under the antidumping duty order 
on fresh garlic from the People's Republic of China (PRC) meets the 
statutory and regulatory requirements for initiation. The period of 
review (POR) is November 1, 2011, through October 31, 2012.

DATES: Effective Date: January 2, 2012.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on

[[Page 89]]

November 16, 1994.\1\ On November 27, 2012, the Department received a 
timely NSR request from Shijiazhuang Goodman Trading Co., Ltd. 
(Goodman) 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).
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
---------------------------------------------------------------------------

    Pursuant to the requirements set forth in 19 CFR 351.214(b), 
Goodman certified that it is the exporter and Jinxiang Zhongtian 
Business Co., Ltd. (a.k.a. Jinxiang Zhongtian Trade Co., Ltd.) 
(Zhongtian) certified that it is the producer of the fresh garlic 
exported by Goodman. Moreover, Goodman and Zhongtian 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 central government of the PRC. In addition, Goodman submitted 
documentation establishing the following: (1) The date on which fresh 
garlic was first entered; (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 
Goodman 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 Goodman in its request.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum to The File regarding ``Initiation of 
Antidumping Duty New Shipper Review of Fresh Garlic from the 
People's Republic of China: Shijiazhuang Goodman Trading Co., Ltd.'' 
dated concurrently with this notice.
---------------------------------------------------------------------------

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, 2011, through October 
31, 2012. The sales and entries into the United States of subject 
merchandise exported by Goodman and produced by Zhongtian occurred 
during this twelve-month POR.

Initiation of New Shipper Review

    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 Goodman's 
request meets the threshold requirements for initiation of an NSR. The 
Department intends to issue the preliminary result within 180 days 
after the date on which the review is initiated, and the final results 
within 90 days after the date on which we issue the preliminary 
results.\3\
---------------------------------------------------------------------------

    \3\ See 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 (i.e., a separate rate) provide evidence of de jure and de facto 
absence of government control over the company's export activities. 
Accordingly, the Department will issue a questionnaire to Goodman that 
includes a separate rate section. The review will proceed if the 
response provides sufficient indication that the exporter and producer 
are not subject to either de jure or de facto government control with 
respect to their export of fresh garlic.
    The Department 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 Goodman 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 Goodman 
and produced by Zhongtian, the sales of which are the basis for this 
NSR request.
    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 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-31447 Filed 12-31-12; 8:45 am]
BILLING CODE 3510-DS-P

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