Fresh Garlic From the People's Republic of China: Preliminary Results of the New Shipper Review of Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd., 28895-28896 [2014-11677]

Download as PDF Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices Dated: May 13, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 0703.20.0005, 2005.99.9700 and 0703.20.0015. A full description of the scope of the order is contained in the Preliminary Decision Memorandum. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. [FR Doc. 2014–11682 Filed 5–19–14; 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: Preliminary Results of the New Shipper Review of Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting a new shipper review of Jinxiang Merry Vegetable Co., Ltd. (‘‘Merry’’) and Cangshan Qingshui Vegetable Foods Co., Ltd. (‘‘Qingshui’’) regarding the antidumping duty order on fresh garlic from the People’s Republic of China (‘‘the PRC’’). The period of review (‘‘POR’’) is November 1, 2012, through April 30, 2013. We preliminarily find that Merry and Qingshui made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: May 20, 2014. FOR FURTHER INFORMATION CONTACT: Sean Carey or Hilary E. Sadler, Esq., 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) 482–3964 or (202) 482–4340, respectively. SUPPLEMENTARY INFORMATION: AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES Scope of the Order The merchandise covered by this order is all grades of garlic, whether whole or separated into constituent cloves.1 The subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 0703.20.0000, 0703.20.0010, 1 See the Department Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty New Shipper Reviews of Fresh Garlic From the People’s Republic of China: Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd.,’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum), for a complete description of the Scope of the Order. VerDate Mar<15>2010 17:09 May 19, 2014 Jkt 232001 Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214. Export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a nonmarket economy within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary 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 Department’s Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. 28895 351.224(b). Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.2 Rebuttals to written comments may be filed by no later than five days after the written comments are filed.3 Any interested party may request a hearing within 30 days of publication of this notice.4 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.5 The Department will issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. Assessment Rates Upon issuing the final results of this new shipper review, the Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review.6 The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this new shipper review. In this new shipper review, we calculated a per-unit rate for each importer by dividing the total dumping margins for reviewed sales to that party Preliminary Results of New Shipper by the total sales quantity associated Reviews with those transactions. For dutyThe Department preliminarily assessment rates calculated on this determines that the following weighted- basis, we will direct CBP to assess the average dumping margins exist: resulting per-unit rate against the entered quantity of the subject Weightedmerchandise. If the respondent’s average weighted-average dumping margin is Exporter dumping margin above de minimis, we will calculate an ($ per kg) importer-specific ad valorem duty assessment rate based on the ratio of the Cangshan Qingshui Vegetable Foods Co., Ltd .................... $3.06 per kg total amount of dumping calculated for the importer’s examined sales to the Jinxiang Merry Vegetable Co., Ltd ....................................... 3.33 per kg total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Then, we will instruct Disclosure and Public Comment The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 2 See 19 CFR 351.309(c). 19 CFR 351.309(d). 4 See 19 CFR 351.310(c). 5 See 19 CFR 351.310(d). 6 See 19 CFR 351.212(b)(1). 3 See E:\FR\FM\20MYN1.SGM 20MYN1 28896 Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices CBP to assess antidumping duties on all appropriate entries covered by this new shipper review. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this new shipper review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this new shipper review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For merchandise produced and exported by Merry and Qingshui, the cash deposit rates will be that established in the final results of these reviews (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing producer/exporter-specific combination rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC producer/exporter combination that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. emcdonald on DSK67QTVN1PROD with NOTICES Notification To Importers This notice also serves as a preliminary 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. VerDate Mar<15>2010 17:09 May 19, 2014 Jkt 232001 The Department is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and 351.221(b)(4). Dated: May 13, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Date of Sale VI. Fair Value Comparisons VII. Differential Pricing Analysis VIII. U.S. Price IX. Normal Value X. Factor Valuations XI. Currency Conversion XII. Recommendation [FR Doc. 2014–11677 Filed 5–19–14; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration Baylor College of Medicine, et al. Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscope This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5:00 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC. Docket Number: 14–001. Applicant: Baylor College of Medicine, Houston, TX 77030. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 79 FR 11760, March 3, 2014. Docket Number: 14–003. Applicant: Western Kentucky University, Bowling Green, KY 42101. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: See notice at 79 FR 18013, March 31, 2014. Docket Number: 14–004. Applicant: Utah State University, Logan, UT 84322–8300. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 79 FR 18013, March 31, 2014. Frm 00015 Fmt 4703 Dated: May 13, 2014. Gregory W. Campbell, Director, Subsidies Enforcement Office, Enforcement and Compliance. [FR Doc. 2014–11690 Filed 5–19–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE PO 00000 Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as this instrument is intended to be used, is being manufactured in the United States at the time the instrument was ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Sfmt 4703 Proposed Information Collection; Comment Request; Southwest Region Vessel Identification Requirements 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, as amended. SUMMARY: Written comments must be submitted on or before July 21, 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 Chris Fanning, (562) 980– 4198, Chris.Fanning@noaa.gov. SUPPLEMENTARY INFORMATION: DATES: I. Abstract This request is for extension of a current information collection. E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28895-28896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11677]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of the New Shipper Review of Jinxiang Merry Vegetable Co., Ltd. 
and Cangshan Qingshui Vegetable Foods Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review of Jinxiang Merry Vegetable Co., Ltd. (``Merry'') 
and Cangshan Qingshui Vegetable Foods Co., Ltd. (``Qingshui'') 
regarding the antidumping duty order on fresh garlic from the People's 
Republic of China (``the PRC''). The period of review (``POR'') is 
November 1, 2012, through April 30, 2013. We preliminarily find that 
Merry and Qingshui made sales of subject merchandise at less than 
normal value. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: May 20, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Hilary E. Sadler, Esq., 
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) 482-3964 or (202) 482-4340, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by this order is all grades of garlic, 
whether whole or separated into constituent cloves.\1\ The subject 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000, 
0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 
0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 0703.20.0005, 
2005.99.9700 and 0703.20.0015. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written product description is dispositive.
---------------------------------------------------------------------------

    \1\ See the Department Memorandum, ``Decision Memorandum for the 
Preliminary Results of the Antidumping Duty New Shipper Reviews of 
Fresh Garlic From the People's Republic of China: Jinxiang Merry 
Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., 
Ltd.,'' dated concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum), for a complete description of the 
Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.214. Export prices have been calculated in accordance with 
section 772 of the Act. Because the PRC is a nonmarket economy within 
the meaning of section 771(18) of the Act, normal value has been 
calculated in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
    The Preliminary 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 Department's 
Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of New Shipper Reviews

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                         Exporter                              dumping
                                                             margin  ($
                                                               per kg)
------------------------------------------------------------------------
Cangshan Qingshui Vegetable Foods Co., Ltd................  $3.06 per kg
Jinxiang Merry Vegetable Co., Ltd.........................   3.33 per kg
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals to written comments may be filed by no later than 
five days after the written comments are filed.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\5\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    The Department will issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in any such comments, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon issuing the final results of this new shipper review, the 
Department shall determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
covered by this review.\6\ The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this new shipper review.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    In this new shipper review, we calculated a per-unit rate for each 
importer by dividing the total dumping margins for reviewed sales to 
that party by the total sales quantity associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting per-unit rate against the 
entered quantity of the subject merchandise. If the respondent's 
weighted-average dumping margin is above de minimis, we will calculate 
an importer-specific ad valorem duty assessment rate based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales in accordance with 
19 CFR 351.212(b)(1). Then, we will instruct

[[Page 28896]]

CBP to assess antidumping duties on all appropriate entries covered by 
this new shipper review. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this new shipper review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For merchandise 
produced and exported by Merry and Qingshui, the cash deposit rates 
will be that established in the final results of these reviews (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required); (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing producer/exporter-specific combination rate; (3) for all 
PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
PRC-wide entity; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification To Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.214 and 351.221(b)(4).

    Dated: May 13, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Fair Value Comparisons
VII. Differential Pricing Analysis
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2014-11677 Filed 5-19-14; 8:45 am]
BILLING CODE 3510-DS-P