Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013-2014, 46250-46251 [2014-18708]
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emcdonald on DSK67QTVN1PROD with NOTICES
46250
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Notices
(Board Order 1912, 78 FR 53426, 8/29/
13), and on May 16, 2014 (Board Order
1937, 79 FR 30077–30078, 5/27/14).
The current zone includes the
following sites: Site 1 (420.70 acres)—
Houston Ship Channel Turning Basin,
Clinton Drive at Highway 610 East
Loop, Houston; Site 2 (97 acres, sunset
8/31/2018)—Bulk Materials Handling
Plant (Houston Ship Channel), Green
Bayou and Penn City Road, Houston;
Site 3 (58.39 acres, sunset 8/31/2018)—
Barbours Cut Turning Basin, Highway
146 and Highway 225, Houston; Site 4
(3.47 acres)—Cargoways Logistics, 1201
Hahlo Street, Houston; Site 5 (7.53
acres, sunset 8/31/2018)—Proler
Southwest, 6747 Avenue W, Houston;
Site 6 (73 acres)—Odfjell Terminals
(Houston), Inc., 12211 Port Road,
Houston; Site 7 (126 acres)—Jacintoport
Terminal (Houston Ship Channel),
16398 Jacintoport Blvd., Houston; Site 8
(162.5 acres)—Central Green Business
Park, 16638 Air Center Blvd., Houston;
Site 9 (72.52 acres)—Manchester
Terminal Corporation, 10000
Manchester Street, Houston; Site 10
(14.2 acres)—Greens Port Industrial
Park, 13609 Industrial Road, Houston;
Site 11 (269 acres)—Oiltanking of
Houston, Inc., 15602 Jacintoport Blvd.,
Houston; Site 12 (146 acres, sunset 8/
31/2018)—Kinder Morgan Liquids
Terminal LLC, Clinton Drive at Panther
Creek and North Witter Street at Bayou
Street, Houston; Site 13 (18 acres)—Exel
Logistics, Inc., 8833 City Park Loop
Street, Houston; Site 14 (22 acres, sunset
8/31/2018)—George Bush
Intercontinental Airport jet fuel storage
and distribution system, Fuel Storage
Road, Houston; Site 15 (196 acres)—
Magellan Petroleum Terminal, 12901
American Petroleum Road, Galena Park;
Site 16 (72 acres)—Katoen Natie Gulf
Coast Warehousing Complex, located at
Miller Road Cutoff and U.S. Highway
225, Pasadena; Site 20 (299 acres)—Port
Crossing Industrial Park, McCabe Road
and State Highway 146, La Porte; Site 23
(16.94 acres, sunset 8/31/2018)—Katoen
Natie Gulf Coast, Inc., 102 Old
Underwood Road and 1100 Underwood
Drive, Deer Park; Site 24 (11.32 acres)—
Kuehne + Nagel, Inc., 15450 Diplomatic
Plaza Drive, Houston; Temporary Site
25 (11.87 acres, expires 12/31/2014)—
Emerson Process Management Valve
Automation, Inc., 19200 Northwest
Freeway, Houston; Site 26 (1,091.22
acres, sunset 8/31/2018)—Texas
Triangle Park, located at State Highway
6 and Louis E. Mikulin Road, Brazos
County; Temporary Site 27 (45.3 acres,
expires 5/31/2015)—Mitsubishi
Caterpillar Forklift America, Inc., 2121
West Sam Houston Parkway North,
VerDate Mar<15>2010
17:14 Aug 06, 2014
Jkt 232001
Houston; Site 28 (199.6 acres, sunset 5/
31/2019)—within the 3,635-acre
Generation Park, located at the
intersection of Beltway 8 and North
Lake Houston Parkway, Houston; Site
29 (593.935 acres, sunset 5/31/2019)—
within the 1,800-acre Texas Deepwater
Industrial Port, located at the northeast
and southwest corner of Jacintoport
Boulevard and the Beltway 8 Bridge,
Houston; Temporary Site 30 (1.045
acres, expires 1/31/2016)—Millett Duty
Free Inc., 5610 Armour Drive, Houston;
and, Temporary Site 31 (26 acres,
expires 11/30/2014)—Westway
Terminal Company LLC, 9325 East
Avenue ‘‘S’’, Houston.
The grantee’s proposed service area
under the ASF would be Harris County,
Texas, as described in the application.
If approved, the grantee would be able
to serve sites throughout the service area
based on companies’ needs for FTZ
designation. The proposed service area
is within and adjacent to the Houston
Customs and Border Protection port of
entry. The grantee proposes to retain its
existing Site 26 which is located in
Brazos County.
The applicant is requesting authority
to reorganize its existing zone to include
existing Sites 1, 2, 3, 8, 10, 20, 26, 28
and 29 as ‘‘magnet’’ sites and Sites 4, 5,
6, 7, 9, 11, 12, 13, 14, 15, 16, 23 and 24
as ‘‘usage-driven’’ sites. Temporary Sites
25, 26, 30 and 31 will maintain their
current designation. The ASF allows for
the possible exemption of one magnet
site from the ‘‘sunset’’ time limits that
generally apply to sites under the ASF,
and the applicant proposes that Site 3
be so exempted. No new subzones/
usage-driven sites are being requested at
this time. The application would have
no impact on FTZ 84’s previously
authorized subzones.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 6, 2014. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
October 21, 2014.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: August 1, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–18710 Filed 8–6–14; 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: Initiation of
Antidumping Duty New Shipper
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2014, the
Department received a timely request
for NSR from Jinxiang Kaihua Imp &
Exp Co., Ltd. (Kaihua), 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). The Department of
Commerce (Department) has determined
that the request for a new shipper
review (NSR) of 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, 2013, through
April 30, 2014.
DATES: Effective Date: August 7, 2014.
FOR FURTHER INFORMATION CONTACT:
Milton Koch, 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) 482–2584.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the
antidumping duty order on fresh garlic
from the PRC in the Federal Register on
November 16, 1994.1 On May 21, 2014,
the Department received a timely
request for NSR from Kaihua. Kaihua
certified that it is the exporter and
producer of the fresh garlic upon which
the request for a NSR is based. Pursuant
1 See Antidumping Duty Order: Fresh Garlic From
the People’s Republic of China, 59 FR 59209
(November 16, 1994).
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Notices
to section 751(a)(2)(B)(i)(I) of the Act
and 19 CFR 351.214(b)(2)(i), Kaihua
certified that it did not export fresh
garlic for sale to the United States
during the period of investigation
(POI).2 Moreover, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Kaihua certified
that, since the investigation was
initiated, it never has 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.3 Further, as required
by 19 CFR 351.214(b)(2)(iii)(B), it
certified that its export activities are not
controlled by the central government of
the PRC.4 Kaihua also certified it had no
subsequent shipments of subject
merchandise.5
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Kaihua submitted
documentation establishing the
following: (1) The dates on which the
fresh garlic was first entered; (2) the
volumes of those shipments; and (3) the
date of its first sale to an unaffiliated
customer in the United States.6
The Department queried the database
of U.S. Customs and Border Protection
(CBP) in an attempt to confirm that
shipment reported by Kaihua 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 Kaihua
in its request.7
Period of Review
Pursuant to 19 CFR 351.214(c), an
exporter or producer may request an
NSR within one year of the date on
which its subject merchandise was first
entered. Moreover, 19 CFR 351.214(d)(1)
states that if the request for the review
is made during the six-month period
ending with the end of the semiannual
anniversary month, the Secretary will
initiate an NSR in the calendar month
immediately following the semiannual
anniversary month. Further, 19 CFR
315.214(g)(1)(i)(B) states that if the NSR
was initiated in the month immediately
following the semiannual anniversary
emcdonald on DSK67QTVN1PROD with NOTICES
2 See
Kaihua’s request for an NSR dated May 21,
2014 at Exhibit 1.
3 Id.
4 Id.
5 Id.
6 See Kaihua’s request for an NSR at Exhibit 2.
7 See Memo to the File from Milton Koch,
International Trade Compliance Analyst, ‘‘New
Shipper Reviews of the Antidumping Duty Order
on Fresh Garlic from the People’s Republic of
China: Customs Entries from November 1, 2014, to
April 30, 2014,’’ dated August 1, 2014.
VerDate Mar<15>2010
17:14 Aug 06, 2014
Jkt 232001
46251
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).
month, the POR will be the six-month
period immediately preceding the
semiannual anniversary month. Within
one year of the date on which its fresh
garlic was first entered, Kaihua made
the request for an NSR that included all
documents and information required by
the statute and regulations. Its request
was filed in May, which is the
semiannual anniversary month of the
order. Therefore, the POR is November
1, 2013, through April 30, 2014.8
Dated: August 1, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Initiation of New Shipper Review
DEPARTMENT OF COMMERCE
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 Kaihua’s request
meets the threshold requirements for
initiation of an NSR and, therefore, is
initiating an NSR of Kaihua. The
Department intends to issue the
preliminary results within 180 days
after the date on which this review is
initiated and the final results within 90
days after the date on which we issue
the preliminary results.9
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.10
Accordingly, the Department will issue
questionnaires to Kaihua that include a
separate rate section. The review will
proceed if the responses provide
sufficient indication that the exporter
and producer are not subject to either de
jure or de facto government control with
respect to their exports 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 Kaihua 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 and produced by
Kaihua, the sales of which are the basis
for this NSR request.
Interested parties requiring access to
proprietary information in this
proceeding should submit applications
for disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
International Trade Administration
8 See
19 CFR 351.214(g)(1)(i)(B).
section 751(a)(2)(B)(iv) of the Act.
10 See Import Administration Policy Bulletin,
Number: 05.1. (https://ia.ita.doc.gov/policy/bull051.pdf).
9 See
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
[FR Doc. 2014–18708 Filed 8–6–14; 8:45 am]
BILLING CODE 3510–DS–P
[C–580–875, C–557–817, C–523–809, C–583–
855, C–552–819]
Certain Steel Nails From the Republic
of Korea, Malaysia, the Sultanate of
Oman, Taiwan, and the Socialist
Republic of Vietnam: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Ilissa Kabak Shefferman at (202) 482–
4684 or Angelica Mendoza at (202) 482–
3019 (Malaysia, Vietnam and Taiwan),
Office VI; Erin Kearney at (202) 482–
0167 or Dana Mermelstein at (202) 482–
1391 (Korea) and Trisha Tran at (202)
482–4852 (Oman), Office IV;
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 18, 2014, the Department of
Commerce (the Department) initiated
countervailing duty investigations on
certain steel nails from India, the
Republic of Korea, Malaysia, the
Sultanate of Oman, Taiwan, the
Republic of Turkey and the Socialist
Republic of Vietnam.1 Currently, the
preliminary determinations are due no
later than August 22, 2014.
Postponement of the Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
1 See Certain Steel Nails from India, the Republic
of Korea, Malaysia, the Sultanate of Oman, Taiwan,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Initiation of Countervailing Duty
Investigations, 79 FR 36014 (June 25, 2014). Due to
the negative preliminary determinations by the U.S.
International Trade Commission with respect to
imports from India and Republic of Turkey, the
CVD investigations have been terminated with
respect to both countries.
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Notices]
[Pages 46250-46251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18708]
-----------------------------------------------------------------------
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; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2014, the Department received a timely request for
NSR from Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua), 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). The Department of Commerce (Department)
has determined that the request for a new shipper review (NSR) of 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, 2013, through
April 30, 2014.
DATES: Effective Date: August 7, 2014.
FOR FURTHER INFORMATION CONTACT: Milton Koch, 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) 482-2584.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on fresh garlic
from the PRC in the Federal Register on November 16, 1994.\1\ On May
21, 2014, the Department received a timely request for NSR from Kaihua.
Kaihua certified that it is the exporter and producer of the fresh
garlic upon which the request for a NSR is based. Pursuant
[[Page 46251]]
to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i),
Kaihua certified that it did not export fresh garlic for sale to the
United States during the period of investigation (POI).\2\ Moreover,
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Kaihua certified that, since the investigation
was initiated, it never has 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.\3\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B),
it certified that its export activities are not controlled by the
central government of the PRC.\4\ Kaihua also certified it had no
subsequent shipments of subject merchandise.\5\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic From the People's
Republic of China, 59 FR 59209 (November 16, 1994).
\2\ See Kaihua's request for an NSR dated May 21, 2014 at
Exhibit 1.
\3\ Id.
\4\ Id.
\5\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Kaihua submitted documentation establishing the
following: (1) The dates on which the fresh garlic was first entered;
(2) the volumes of those shipments; and (3) the date of its first sale
to an unaffiliated customer in the United States.\6\
---------------------------------------------------------------------------
\6\ See Kaihua's request for an NSR at Exhibit 2.
---------------------------------------------------------------------------
The Department queried the database of U.S. Customs and Border
Protection (CBP) in an attempt to confirm that shipment reported by
Kaihua 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 Kaihua in its request.\7\
---------------------------------------------------------------------------
\7\ See Memo to the File from Milton Koch, International Trade
Compliance Analyst, ``New Shipper Reviews of the Antidumping Duty
Order on Fresh Garlic from the People's Republic of China: Customs
Entries from November 1, 2014, to April 30, 2014,'' dated August 1,
2014.
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
an NSR within one year of the date on which its subject merchandise was
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the
request for the review is made during the six-month period ending with
the end of the semiannual anniversary month, the Secretary will
initiate an NSR in the calendar month immediately following the
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B)
states that if the NSR was initiated in the month immediately following
the semiannual anniversary month, the POR will be the six-month period
immediately preceding the semiannual anniversary month. Within one year
of the date on which its fresh garlic was first entered, Kaihua made
the request for an NSR that included all documents and information
required by the statute and regulations. Its request was filed in May,
which is the semiannual anniversary month of the order. Therefore, the
POR is November 1, 2013, through April 30, 2014.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.214(g)(1)(i)(B).
---------------------------------------------------------------------------
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 Kaihua's
request meets the threshold requirements for initiation of an NSR and,
therefore, is initiating an NSR of Kaihua. The Department intends to
issue the preliminary results within 180 days after the date on which
this review is initiated and the final results within 90 days after the
date on which we issue the preliminary results.\9\
---------------------------------------------------------------------------
\9\ 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.\10\
Accordingly, the Department will issue questionnaires to Kaihua that
include a separate rate section. The review will proceed if the
responses provide sufficient indication that the exporter and producer
are not subject to either de jure or de facto government control with
respect to their exports of fresh garlic.
---------------------------------------------------------------------------
\10\ See Import Administration Policy Bulletin, Number: 05.1.
(https://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------
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 Kaihua 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 and produced by
Kaihua, the sales of which are the basis for this NSR request.
Interested parties requiring access to proprietary information in
this proceeding 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: August 1, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-18708 Filed 8-6-14; 8:45 am]
BILLING CODE 3510-DS-P
