Fresh Garlic From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd., 22098-22099 [2014-09015]

Download as PDF 22098 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Notices request updates to these inventories, including additions, deletions, and changes to information on EIN, name and address, and industrial classification, end-of-year operating status, mid-March employment, first quarter payroll, and annual payroll. Additionally, the Census Bureau will ask certain questions in the 2014–2016 COS in order to enhance content. We will include questions on ownership or control by domestic or foreign parents, ownership of foreign affiliates, research and development, leased employment, and manufacturing activities related to the Enterprise Statistics Program. III. Data OMB Control Number: 0607–0444. Form Number(s): NC–99001 (for multi-establishment enterprises) and NC–99007 (for single-location companies). Type of Review: Regular submission. Affected Public: Businesses and notfor-profit institutions. Estimated Number of Respondents: 47,000 enterprises. Estimated Time per Response: 3.16 hours. Estimated Total Annual Burden Hours: 148,567. Estimated Total Annual Cost to Public: $4,648,661. Respondent’s Obligation: Mandatory. Legal Authority: Title 13 U.S.C. 182, 195, 224, and 225. ehiers on DSK2VPTVN1PROD with NOTICES IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: April 16, 2014. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2014–09023 Filed 4–18–14; 8:45 am] BILLING CODE 3510–07–P VerDate Mar<15>2010 15:19 Apr 18, 2014 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 8, 2013, the Department of Commerce (the Department) published its preliminary results for the new shipper review (NSR) of the antidumping duty order on fresh garlic from the People’s Republic of China (the PRC) covering the period of review (POR) of November 1, 2011, through October 31, 2012, for Shijiazhuang Goodman Trading Co., Ltd. (Goodman).1 Based on our analysis of comments received subsequent to the Preliminary Results, the Department now finds that Goodman’s sales were not bona fide. As a result, the Department is rescinding this NSR. DATES: Effective Date: April 21, 2014. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1395 or (202) 482–3586, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On November 8, 2013, the Department published the Preliminary Results. Between January 13, 2014, and January 22, 2014, Petitioners2 and Goodman each submitted case and rebuttal briefs. On January 29, 2014, the Department conducted a hearing regarding this NSR.3 As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the 1 See Fresh Garlic From the People’s Republic of China: Preliminary Results of New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd., 78 FR 67112 (November 8, 2013) (Preliminary Results). 2 Petitioners are the Fresh Garlic Producers Association and its individual members: Christopher Ranch LLC; The Garlic Company; Valley Garlic; and Vessey and Company, Inc. (collectively, Petitioners). 3 See ‘‘Public Hearing In The Matter of: the Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China,’’ (January 29, 2014). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 duration of the closure of the Federal Government from October 1, through October 16, 2013.4 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. As a result, the revised deadline for the final results of this NSR is now April 3, 2014. Scope of the Order The products covered by the order are all grades of garlic, whole or separated into constituent cloves. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, and 2005.99.9700. A full description of the scope of the order is contained in the Issues and Decision Memorandum.5 Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. Final Rescission of New Shipper Review Due to the totality of circumstances, including price, quantity, and concerns regarding the relationship with another garlic exporter located in the PRC, as detailed in the Goodman Final Analysis Memorandum, the Department finds that Goodman’s sales are not bona fide.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is dated concurrently and is hereby adopted by this notice. A list of the issues raised in the briefs and 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 centralized electronic service system (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the 4 See the Department Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ (October 18, 2013). 5 See the Department Memorandum, ‘‘Decision Memorandum for the Final Results in the Antidumping Duty New Shipper Review of Fresh Garlic from the People’s Republic of China: Shijiazhuang Goodman Trading Co., Ltd.,’’ (April 3, 2014) (Issues and Decision Memorandum). 6 See Department Memorandum, ‘‘New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China: Analysis of Shijiazhuang Goodman Trading Co. Ltd.,’’ (April 3, 2014) (Goodman Final Analysis Memorandum). E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Notices Department’s Central Records Unit, Room 7064 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Cash Deposit Requirements Effective upon publication of the final rescission of the NSR of Goodman, the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Goodman. Cash deposits will be required for exports of subject merchandise by Goodman entered, or withdrawn from warehouse, for consumption on or after the publication date at the per-unit PRC-wide rate, $4.71 per kilogram. ehiers on DSK2VPTVN1PROD with NOTICES Assessment Instructions Both the PRC separate rate and the PRC entity are under review in the 2011–2012 administrative review, which is currently being conducted,7 and the POR of the administrative review coincides with the POR of this NSR. Goodman has filed a separate rate application in the concurrent administrative review indicating that it is independent of Chinese government control. Therefore, we will issue liquidation instructions for Goodman’s entries upon completion of the administrative review. In the final results of the administrative review, the Department will determine whether Goodman qualifies for the PRC separate rate or the PRC-wide rate. Upon completion of the administrative review, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries for Goodman at the appropriate rate. Notification to Importers This notice serves as a 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 review period. Failure to comply with this requirement could result in the Secretary of Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 7 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 77017 (December 31, 2012). VerDate Mar<15>2010 15:19 Apr 18, 2014 Jkt 232001 Return of Destruction of Proprietary Information This notice serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214. Dated: April 3, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether Goodman Qualifies for a New Shipper Rate Comment 2: Whether Goodman’s Sales are Bona Fide Comment 3: Whether the Department Should Change the Surrogate Country from the Philippines to Thailand Comment 4: Whether the Department Should Use the Month Corresponding to Goodman’s Sales to Calculate Surrogate Values for Garlic Comment 5: Whether the Department Should Rely on the Import Data Used in the Preliminary Results Comment 6: Whether the Department Should Use Farm Gate Prices or Wholesale Prices Comment 7: Whether the Department Should Continue to Rely on the Financial Statements Used in the Preliminary Results. Comment 8: Whether the Department Should Use MERALCO’s Tariff to Value Electricity Comment 9: Whether the Department Should Include the Transportation Expense in the Overhead Ratio Comment 10: Whether Goodman is Entitled to a Separate Rate in this Proceeding Comment 11: Whether the PRC-Wide Entity Rate is Reliable and Relevant V. Recommendation [FR Doc. 2014–09015 Filed 4–18–14; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 22099 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Marine Recreational Information Program, Hawaii Mail-in Survey for Shore Fishing Effort National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before June 20, 2014. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Hongguang Ma, (808)725– 5663 or Hongguang.Ma@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This request is for a new information collection. Marine recreational anglers are surveyed to collect catch and effort data, fish biology data, and angler socioeconomic characteristics. These data are required to carry out provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), as amended, regarding conservation and management of fishery resources. Marine recreational fishing catch and effort data are collected through a combination of mail surveys, telephone surveys and on-site intercept surveys with recreational anglers. Amendments to the Magnuson-Stevens Fishery Conservation and Management Act (MSA) require the development of an improved data collection program for recreational fisheries. To meet these requirements, NOAA Fisheries has designed and tested new approaches for sampling and surveying recreational anglers. E:\FR\FM\21APN1.SGM 21APN1

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[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Notices]
[Pages 22098-22099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09015]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final 
Rescission of Antidumping Duty New Shipper Review of Shijiazhuang 
Goodman Trading Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 8, 2013, the Department of Commerce (the 
Department) published its preliminary results for the new shipper 
review (NSR) of the antidumping duty order on fresh garlic from the 
People's Republic of China (the PRC) covering the period of review 
(POR) of November 1, 2011, through October 31, 2012, for Shijiazhuang 
Goodman Trading Co., Ltd. (Goodman).\1\ Based on our analysis of 
comments received subsequent to the Preliminary Results, the Department 
now finds that Goodman's sales were not bona fide. As a result, the 
Department is rescinding this NSR.
---------------------------------------------------------------------------

    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Results of New Shipper Review of Shijiazhuang Goodman 
Trading Co., Ltd., 78 FR 67112 (November 8, 2013) (Preliminary 
Results).

---------------------------------------------------------------------------
DATES: Effective Date: April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Gene Calvert, 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone 
(202) 482-1395 or (202) 482-3586, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2013, the Department published the Preliminary 
Results. Between January 13, 2014, and January 22, 2014, Petitioners\2\ 
and Goodman each submitted case and rebuttal briefs. On January 29, 
2014, the Department conducted a hearing regarding this NSR.\3\ As 
explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\4\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. As a result, the revised deadline for the final results of this 
NSR is now April 3, 2014.
---------------------------------------------------------------------------

    \2\ Petitioners are the Fresh Garlic Producers Association and 
its individual members: Christopher Ranch LLC; The Garlic Company; 
Valley Garlic; and Vessey and Company, Inc. (collectively, 
Petitioners).
    \3\ See ``Public Hearing In The Matter of: the Administrative 
Review of the Antidumping Duty Order on Fresh Garlic from the 
People's Republic of China,'' (January 29, 2014).
    \4\ See the Department Memorandum, ``Deadlines Affected by the 
Shutdown of the Federal Government,'' (October 18, 2013).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are all grades of garlic, whole 
or separated into constituent cloves. The product is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 0703.20.0000, 0703.20.0010, 0703.20.0015, 
0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 
0711.90.6500, 2005.90.9500, 2005.90.9700, and 2005.99.9700. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum.\5\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description is 
dispositive.
---------------------------------------------------------------------------

    \5\ See the Department Memorandum, ``Decision Memorandum for the 
Final Results in the Antidumping Duty New Shipper Review of Fresh 
Garlic from the People's Republic of China: Shijiazhuang Goodman 
Trading Co., Ltd.,'' (April 3, 2014) (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Final Rescission of New Shipper Review

    Due to the totality of circumstances, including price, quantity, 
and concerns regarding the relationship with another garlic exporter 
located in the PRC, as detailed in the Goodman Final Analysis 
Memorandum, the Department finds that Goodman's sales are not bona 
fide.\6\
---------------------------------------------------------------------------

    \6\ See Department Memorandum, ``New Shipper Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Analysis of Shijiazhuang Goodman Trading Co. Ltd.,'' (April 
3, 2014) (Goodman Final Analysis Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum, which is dated concurrently and is 
hereby adopted by this notice. A list of the issues raised in the 
briefs and 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 
centralized electronic service system (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the

[[Page 22099]]

Department's Central Records Unit, Room 7064 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSR of 
Goodman, the Department will instruct CBP to discontinue the option of 
posting a bond or security in lieu of a cash deposit for entries of 
subject merchandise by Goodman. Cash deposits will be required for 
exports of subject merchandise by Goodman entered, or withdrawn from 
warehouse, for consumption on or after the publication date at the per-
unit PRC-wide rate, $4.71 per kilogram.

Assessment Instructions

    Both the PRC separate rate and the PRC entity are under review in 
the 2011-2012 administrative review, which is currently being 
conducted,\7\ and the POR of the administrative review coincides with 
the POR of this NSR. Goodman has filed a separate rate application in 
the concurrent administrative review indicating that it is independent 
of Chinese government control. Therefore, we will issue liquidation 
instructions for Goodman's entries upon completion of the 
administrative review. In the final results of the administrative 
review, the Department will determine whether Goodman qualifies for the 
PRC separate rate or the PRC-wide rate. Upon completion of the 
administrative review, the Department will instruct U.S. Customs and 
Border Protection to assess antidumping duties on entries for Goodman 
at the appropriate rate.
---------------------------------------------------------------------------

    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
77017 (December 31, 2012).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a 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 review period. Failure to comply 
with this requirement could result in the Secretary of Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of double antidumping duties.

Return of Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials, or conversion 
to judicial protective order, is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.

    Dated: April 3, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Goodman Qualifies for a New Shipper Rate
    Comment 2: Whether Goodman's Sales are Bona Fide
    Comment 3: Whether the Department Should Change the Surrogate 
Country from the Philippines to Thailand
    Comment 4: Whether the Department Should Use the Month 
Corresponding to Goodman's Sales to Calculate Surrogate Values for 
Garlic
    Comment 5: Whether the Department Should Rely on the Import Data 
Used in the Preliminary Results
    Comment 6: Whether the Department Should Use Farm Gate Prices or 
Wholesale Prices
    Comment 7: Whether the Department Should Continue to Rely on the 
Financial Statements Used in the Preliminary Results.
    Comment 8: Whether the Department Should Use MERALCO's Tariff to 
Value Electricity
    Comment 9: Whether the Department Should Include the 
Transportation Expense in the Overhead Ratio
    Comment 10: Whether Goodman is Entitled to a Separate Rate in 
this Proceeding
    Comment 11: Whether the PRC-Wide Entity Rate is Reliable and 
Relevant
V. Recommendation
[FR Doc. 2014-09015 Filed 4-18-14; 8:45 am]
BILLING CODE 3510-DS-P