Fresh Garlic From the People's Republic of China: Final Results of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd.; 2012-2013, 62103-62105 [2014-24653]
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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
Qingdao Blueshell Import & Export Corp
Qingdao Fujing Group Co., Ltd
Qingdao Huierde International Trade Co., Ltd
RHI Refractories (Dalian) Co., Ltd
RHI Refractories Liaoning Co., Ltd
RHI Trading Shanghai Branch
RHI Trading (Dalian) Co., Ltd
Rongyuan Magnesite Co., Ltd. of Dashiqiao
City
Shandong Cambridge International Trade Inc
Shandong Lunai Kiln Refractories Co., Ltd
Shandong Refractories Corp
Shanxi Dajin International (Group) Co., Ltd
Shanxi Xinrong International Trade Co. Ltd
Shenyang Yi Xin Sheng Lai Refractory
Materials Co., Ltd
Shinagawa Rongyuan Refractories Co., Ltd
Sinosteel Corporation
SMMC Group Co., Ltd
Tangshan Success Import & Export Trading
Co., Ltd
Tianjin New Century Refractories, Ltd
Tianjin New World Import & Export Trading
Co., Ltd
Tianjin Weiyuan Refractory Co., Ltd
Vesuvius Advanced Ceramics (Suzhou) Co.
Ltd
Wonjin Refractories Co., Ltd
Xiyuan Xingquan Forsterite Co., Ltd
Yanshi City Guangming High-Tech
Refractories Products Co., Ltd
YHS Minerals Co., Ltd
Yingkou Bayuquan Refractories Co., Ltd
Yingkou Dalmond Refractories Co., Ltd
Yingkou Guangyang Refractories Co., Ltd
Yingkou Guangyang Refractories Co., Ltd.
(YGR)
Yingkou Heping Samwha Minerals Co., Ltd
Yingkou Jiahe Refractories Co., Ltd
Yingkou Jinlong Refractories Group
Yingkou Kyushu Refractories Co., Ltd
Yingkou New Century Refractories Ltd
Yingkou Qinghua Group Imp. & Exp. Co., Ltd
Yingkou Qinghua Refractories Co., Ltd
Yingkou Sanhua Refractory Materials Co.,
Ltd
Yingkou Tianrun Refractory Co., Ltd
Yingkou Wonjin Refractory Material Co., Ltd
Yingkou Yongji Mag Refractory, Ltd
Yixing Runlong Trade Co., Ltd
Yixing Xinwei Leeshing Refractory Materials
Co., Ltd
Yixing Zhenqiu Charging Ltd
Zhejiang Changxing Guangming Special
Refractory Material Foundry, Co., Ltd
Zhejiang Deqing Jinlei Refractory Co., Ltd
Zhejiang Huzhou Fuzilin Refractory Metals
Group Co., Ltd
Zhengzhou Annec Industrial Co., Ltd
Zhengzhou Huachen Refractory Co., Ltd
Zhengzhou Huawei Refractories Co., Ltd
Zibo Lianzhu Refractory Materials Co., Ltd
[FR Doc. 2014–24659 Filed 10–15–14; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 235001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results of the
Semiannual Antidumping Duty New
Shipper Review of Jinxiang Merry
Vegetable Co., Ltd. and Cangshan
Qingshui Vegetable Foods Co., Ltd.;
2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 20, 2014, the
Department of Commerce (Department)
published its preliminary results of the
2012–2013 semiannual new shipper
review of the antidumping duty order
on fresh garlic from the People’s
Republic of China (PRC).1 This review
covers two companies: Jinxiang Merry
Vegetable Co., Ltd. (Merry) and
Cangshan Qingshui Vegetable Foods
Co., Ltd. (Qingshui). We invited
interested parties to comment. Based on
our analysis of the comments received,
we made no changes to the margin
calculations for these final results. We
continue to find that each of these
companies sold subject merchandise at
less than normal value.
DATED: Effective Date: October 16, 2014.
FOR FURTHER INFORMATION CONTACT:
Sean Carey and 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 and (202) 482–4340,
respectively.
AGENCY:
Background
On May 20, 2014, the Department
published the Preliminary Results of
this new shipper review.2 The review
covers two new shippers, Merry and
Qingshui. The period of review (POR) is
November 1, 2012, through April 30,
2013. On June 19, 2014, the respondents
requested a hearing and submitted a
joint case brief. Petitioners 3 did not file
a case brief. On June 24, 2014,
1 See 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., 79
FR 28895 (May 20, 2014) and its accompanying
Issues and Decision Memorandum (Preliminary
Results).
2 Id.
3 Petitioners in this new shipper review are the
Fresh Garlic Producers Association and its
individual members: Christopher Ranch L.L.C., The
Garlic Company, Valley Garlic, and Vessey and
Company, Inc.
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Sfmt 4703
62103
petitioners submitted rebuttal
comments. On June 30, petitioners
submitted timely comments on the
calculations of the preliminary results.4
On July 23, 2014, the Department
extended the deadline for these final
results to October 10, 2014, in
accordance with section 751(a)(2)(B) of
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.214(i)(2).5 On
September 4, 2014, the Department held
a public hearing regarding this review.
Scope of the Order
The products subject to this
antidumping duty order are all grades of
garlic, whole or separated into
constituent cloves, whether or not
peeled, fresh, chilled, frozen,
provisionally preserved, or packed in
water or other neutral substance, but not
prepared or preserved by the addition of
other ingredients or heat processing.
Fresh garlic that are subject to the order
are currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) 0703.20.0010,
0703.200020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, and 2005.90.9700.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum dated concurrently with,
and hereby adopted by, this notice.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that are raised in the
briefs and addressed in the Issues and
Decision Memorandum is in the
appendix of this notice. The Issues and
Decision Memorandum is a public
4 See Letter from petitioners, ‘‘21st New Shipper
Review of Fresh Garlic from the People ’s Republic
of China—Petitioners’ Comments on Surrogate
Value Workbook,’’ dated June 30, 2014.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations from Hilary E.
Sadler, Esq., Senior International Trade Compliance
Analyst, Office VII, Antidumping and
Countervailing Duty Operations, ‘‘Fresh Garlic from
the People’s Republic of China: Extension of
Deadline for the Final Results of the Reviews of
Cangshan Qingshui Vegetable Foods Co., Ltd. and
Jinxiang Merry Vegetable Foods Co., Ltd.’’ dated
July 23, 2014.
6 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Issues and Decision
Memorandum for the Final Results of 2011–2012
Antidumping Duty Administrative Review of Fresh
Garlic from the People’s Republic of China,’’ issued
concurrently with this notice (Issues and Decision
Memorandum).
E:\FR\FM\16OCN1.SGM
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62104
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and
is available to all parties in the
Department’s Central Records Unit,
located in Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the Issues
and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
The Department made no changes to
the margin calculations since the
Preliminary Results.
Final Results of Review
The Department determines that the
following weighted-average dumping
margins exist for the POR:
Weighted average
margin
(dollars per kilogram)
Exporter/producer
Jinxiang Merry Vegetable Co., Ltd ................................................................................................................................
Cangshan Qingshui Vegetable Foods Co., Ltd .............................................................................................................
Disclosure and Public Comment
Normally, the Department discloses to
interested parties the calculations
performed in connection with the final
results of review within five days after
the date of publication of the notice of
final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because the Department made
no changes to the margin calculations
for either respondent, in accordance
with section 776 of the Act, there are no
calculations to disclose. Accordingly,
the issues pertaining to the rates
assigned in these final results are
discussed in the Preliminary Results
and the Issues and Decision
Memorandum.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review pursuant to section
751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1). The Department intends
to issue assessment instructions to CBP
15 days after the publication date of
these final results of review. For Merry
and Qingshui, we are calculating
importer- (or customer-) specific
assessment rates for the merchandise
subject to this review. For any
individually-examined respondent
whose weighted-average dumping
margin is above de minimis, the
Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of
sales.7 For Merry and Qingshui, we will
instruct CBP to assess an antidumping
duty assessment rate of $3.33 per
7 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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17:19 Oct 15, 2014
Jkt 235001
kilogram and $3.06 per kilogram,
respectively, on all entries of subject
merchandise that entered the United
States during the POR.
The Department recently announced a
refinement to its assessment practice in
NME cases.8 Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, but that
entered under the case number of that
exporter (i.e., at the individuallyexamined exporter’s cash deposit rate),
the Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate of
$4.71 per kilogram.
$3.33
3.06
Notification to Importers
This notice serves as final 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 POR.
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 or Destruction of Proprietary
Information
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of subject
merchandise from Merry and Qingshui
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 subject
merchandise produced and exported by
the companies listed above, the cash
deposit rate will be the rate established
in these final results of review for each
company as listed above; and (2) for
subject merchandise exported by one of
the companies listed above that was not
produced by that company, the cash
deposit rate will be that for the PRCwide entity. These deposit requirements
shall remain in effect until further
notice.
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of business proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
We request timely written notification
of return or destruction of APO
materials or conversion to judicial
protective order. Failure to comply with
the regulations and the terms of an APO
is a sanctionable violation.
This notice is issued and published
this notice in accordance with sections
751(a)(2)(B) and 777(i) of the Act, and
19 CFR 351.214.
Dated: October 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Frm 00013
Fmt 4703
Sfmt 4703
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate
Country
A. Three-Prong Analysis to the Surrogate
Country Selection
1. Economic Comparability
E:\FR\FM\16OCN1.SGM
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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
2. Significant Producer of Comparable
Merchandise
3. Quality and Public Availability of Data
B. General Challenge to the Surrogate
Country Selection in the Preliminary
Results
Comment 2: Adjusting Surrogate Values to
Reflect Direct Packing Materials
Recommendation
[FR Doc. 2014–24653 Filed 10–15–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Judges Panel of the Malcolm Baldrige
National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of closed meeting.
AGENCY:
The Judges Panel of the
Malcolm Baldrige National Quality
Award (Judges Panel) will meet in
closed session Monday through Friday,
November 3–7, 2014, from 8:30 a.m.
until 5:30 p.m. Eastern Time each day.
The purpose of this meeting is to review
recommendations from site visits, and
recommend 2014 Malcolm Baldrige
National Quality Award recipients. The
meeting is closed to the public in order
to protect the proprietary data to be
examined and discussed at the meeting.
DATES: The meeting will be held
Monday through Friday, November 3–7,
2014, from 8:30 a.m. until 5:30 p.m.
Eastern Time each day. The entire
meeting will be closed to the public.
ADDRESSES: The meeting will be held at
the National Institute of Standards and
Technology, Administration Building,
Gaithersburg, Maryland 20899.
FOR FURTHER INFORMATION CONTACT:
Robert Fangmeyer, Director, Baldrige
Performance Excellence Program,
National Institute of Standards and
Technology, Gaithersburg, Maryland
20899, telephone number (301) 975–
4781, email robert.fangmeyer@nist.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Authority: 15 U.S.C. 3711a(d)(1) and the
Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
app., notice is hereby given that the
Judges Panel will meet on Monday
through Friday, November 3–7, 2014,
from 8:30 a.m. until 5:30 p.m. Eastern
Time each day. The Judges Panel is
composed of twelve members,
appointed by the Secretary of
Commerce, chosen for their familiarity
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
with quality improvement operations
and competitiveness issues of
manufacturing companies, service
companies, small businesses, health
care providers, and educational
institutions. Members are also chosen
who have broad experience in for-profit
and nonprofit areas. The purpose of this
meeting is to review recommendations
from site visits, and recommend 2014
Malcolm Baldrige National Quality
Award recipients. The meeting is closed
to the public in order to protect the
proprietary data to be examined and
discussed at the meeting.
The Chief Financial Officer and
Assistant Secretary for Administration,
with the concurrence of the Assistant
General Counsel for Administration,
formally determined on March 25, 2014,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended
by Section 5(c) of the Government in
Sunshine Act, Public Law 94–409, that
the meeting of the Judges Panel may be
closed to the public in accordance with
5 U.S.C. 552b(c)(4) because the meeting
is likely to disclose trade secrets and
commercial or financial information
obtained from a person which is
privileged or confidential; and 5 U.S.C.
552b(c)(9)(b [sic]) because for a
government agency the meeting is likely
to disclose information that could
significantly frustrate implementation of
a proposed agency action. The meeting,
which involves examination of current
Award applicant data from U.S.
organizations and a discussion of these
data as compared to the Award criteria
in order to recommend Award
recipients, will be closed to the public.
Dated: October 8, 2014.
Philip Singerman,
Associate Director for Innovation and
Industry Services.
[FR Doc. 2014–24647 Filed 10–15–14; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD269
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Issuance of Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
In accordance with the
Marine Mammal Protection Act
SUMMARY:
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Fmt 4703
Sfmt 4703
62105
(MMPA), NMFS hereby issues a permit
for a period of three years to authorize
the incidental, but not intentional,
taking of individuals of three stocks of
marine mammals listed as threatened or
endangered under the Endangered
Species Act (ESA) by vessels involved
in the Hawaii deep-set and shallow-set
longline fisheries: the endangered
humpback whale, (Megaptera
novaeangliae), Central North Pacific
stock; sperm whale, (Physeter
macrocephalus), Hawaii stock; and false
killer whale, (Pseudorca crassidens),
Main Hawaiian Islands insular false
killer whale (MHI IFKW) stock.
DATES: This permit is effective for a
three-year period beginning October 16,
2014.
ADDRESSES: Reference material for this
permit, including the negligible impact
determination (NID) and a list of
references cited in this notice, is
available on the Internet at the following
address: https://www.fpir.noaa.gov/DIR/
dir_public_documents.html. Recovery
plans for these species are available on
the Internet at the following address:
https://www.nmfs.noaa.gov/pr/recovery/
plans.htm#mammals. Information on
the False Killer Whale Take Reduction
Plan is available on the Internet at the
following address: https://
www.fpir.noaa.gov/PRD/prd_FKW_take_
reduction_team.html. Copies of the
reference materials may also be obtained
from the NMFS Pacific Islands Regional
Office, Protected Resources Division,
1845 Wasp Blvd., Building 176,
Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT:
Dawn Golden, NMFS Pacific Islands
Region, (808) 725–5144, or Shannon
Bettridge, NMFS Office of Protected
Resources, (301) 427–8402.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(E) of the Marine
Mammal Protection Act (MMPA), 16
U.S.C. 1361 et seq., states that NOAA’s
National Marine Fisheries Service
(NMFS), as delegated by the Secretary of
Commerce, shall for a period of up to
three years allow the incidental taking
of marine mammal species listed under
the Endangered Species Act (ESA), 16
U.S.C. 1531 et seq., by persons using
vessels of the United States and those
vessels which have valid fishing permits
issued by the Secretary in accordance
with section 204(b) of the MagnusonStevens Fishery Conservation and
Management Act, 16 U.S.C. 1824(b),
while engaging in commercial fishing
operations, if NMFS makes certain
determinations. NMFS must determine,
after notice and opportunity for public
E:\FR\FM\16OCN1.SGM
16OCN1
]]>Agencies
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62103-62105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24653]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Merry
Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd.;
2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 20, 2014, the Department of Commerce (Department)
published its preliminary results of the 2012-2013 semiannual new
shipper review of the antidumping duty order on fresh garlic from the
People's Republic of China (PRC).\1\ This review covers two companies:
Jinxiang Merry Vegetable Co., Ltd. (Merry) and Cangshan Qingshui
Vegetable Foods Co., Ltd. (Qingshui). We invited interested parties to
comment. Based on our analysis of the comments received, we made no
changes to the margin calculations for these final results. We continue
to find that each of these companies sold subject merchandise at less
than normal value.
---------------------------------------------------------------------------
\1\ See 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.,
79 FR 28895 (May 20, 2014) and its accompanying Issues and Decision
Memorandum (Preliminary Results).
---------------------------------------------------------------------------
DATED: Effective Date: October 16, 2014.
FOR FURTHER INFORMATION CONTACT: Sean Carey and 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 and (202) 482-4340, respectively.
Background
On May 20, 2014, the Department published the Preliminary Results
of this new shipper review.\2\ The review covers two new shippers,
Merry and Qingshui. The period of review (POR) is November 1, 2012,
through April 30, 2013. On June 19, 2014, the respondents requested a
hearing and submitted a joint case brief. Petitioners \3\ did not file
a case brief. On June 24, 2014, petitioners submitted rebuttal
comments. On June 30, petitioners submitted timely comments on the
calculations of the preliminary results.\4\ On July 23, 2014, the
Department extended the deadline for these final results to October 10,
2014, in accordance with section 751(a)(2)(B) of Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.214(i)(2).\5\ On September 4, 2014,
the Department held a public hearing regarding this review.
---------------------------------------------------------------------------
\2\ Id.
\3\ Petitioners in this new shipper review are the Fresh Garlic
Producers Association and its individual members: Christopher Ranch
L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company,
Inc.
\4\ See Letter from petitioners, ``21st New Shipper Review of
Fresh Garlic from the People 's Republic of China--Petitioners'
Comments on Surrogate Value Workbook,'' dated June 30, 2014.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations from
Hilary E. Sadler, Esq., Senior International Trade Compliance
Analyst, Office VII, Antidumping and Countervailing Duty Operations,
``Fresh Garlic from the People's Republic of China: Extension of
Deadline for the Final Results of the Reviews of Cangshan Qingshui
Vegetable Foods Co., Ltd. and Jinxiang Merry Vegetable Foods Co.,
Ltd.'' dated July 23, 2014.
---------------------------------------------------------------------------
Scope of the Order
The products subject to this antidumping duty order are all grades
of garlic, whole or separated into constituent cloves, whether or not
peeled, fresh, chilled, frozen, provisionally preserved, or packed in
water or other neutral substance, but not prepared or preserved by the
addition of other ingredients or heat processing. Fresh garlic that are
subject to the order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.200020,
0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and
2005.90.9700. Although the HTSUS numbers are provided for convenience
and customs purposes, the written product description remains
dispositive. A full description of the scope of the order is contained
in the Issues and Decision Memorandum dated concurrently with, and
hereby adopted by, this notice.\6\
---------------------------------------------------------------------------
\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
regarding ``Issues and Decision Memorandum for the Final Results of
2011-2012 Antidumping Duty Administrative Review of Fresh Garlic
from the People's Republic of China,'' issued concurrently with this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that are
raised in the briefs and addressed in the Issues and Decision
Memorandum is in the appendix of this notice. The Issues and Decision
Memorandum is a public
[[Page 62104]]
document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (IA ACCESS). IA ACCESS is available to registered users
at https://iaaccess.trade.gov, and is available to all parties in the
Department's Central Records Unit, located in Room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
The Department made no changes to the margin calculations since the
Preliminary Results.
Final Results of Review
The Department determines that the following weighted-average
dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted average margin
Exporter/producer (dollars per kilogram)
------------------------------------------------------------------------
Jinxiang Merry Vegetable Co., Ltd........... $3.33
Cangshan Qingshui Vegetable Foods Co., Ltd.. 3.06
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed in connection with the final results of review
within five days after the date of publication of the notice of final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because the Department made no changes to the margin
calculations for either respondent, in accordance with section 776 of
the Act, there are no calculations to disclose. Accordingly, the issues
pertaining to the rates assigned in these final results are discussed
in the Preliminary Results and the Issues and Decision Memorandum.
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1). The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
these final results of review. For Merry and Qingshui, we are
calculating importer- (or customer-) specific assessment rates for the
merchandise subject to this review. For any individually-examined
respondent whose weighted-average dumping margin is above de minimis,
the Department will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of sales.\7\ For
Merry and Qingshui, we will instruct CBP to assess an antidumping duty
assessment rate of $3.33 per kilogram and $3.06 per kilogram,
respectively, on all entries of subject merchandise that entered the
United States during the POR.
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\7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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The Department recently announced a refinement to its assessment
practice in NME cases.\8\ Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, but that entered
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate of $4.71 per kilogram.
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
subject merchandise from Merry and Qingshui 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 subject
merchandise produced and exported by the companies listed above, the
cash deposit rate will be the rate established in these final results
of review for each company as listed above; and (2) for subject
merchandise exported by one of the companies listed above that was not
produced by that company, the cash deposit rate will be that for the
PRC-wide entity. These deposit requirements shall remain in effect
until further notice.
Notification to Importers
This notice serves as final 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 POR. 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 or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of business proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We
request timely written notification of return or destruction of APO
materials or conversion to judicial protective order. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
This notice is issued and published this notice in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.
Dated: October 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
A. Three-Prong Analysis to the Surrogate Country Selection
1. Economic Comparability
[[Page 62105]]
2. Significant Producer of Comparable Merchandise
3. Quality and Public Availability of Data
B. General Challenge to the Surrogate Country Selection in the
Preliminary Results
Comment 2: Adjusting Surrogate Values to Reflect Direct Packing
Materials
Recommendation
[FR Doc. 2014-24653 Filed 10-15-14; 8:45 am]
BILLING CODE 3510-DS-P
