Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013-2014, 46250-46251 [2014-18708]

Download as PDF 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. (http://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]


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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; 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\
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    \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.
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    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.
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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\
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    \8\ See 19 CFR 351.214(g)(1)(i)(B).
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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. 
(http://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