Fresh Garlic From the People's Republic of China: Initiation of Changed Circumstances Review, 63381-63382 [2014-25259]

Download as PDF Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the materials should be forwarded prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 11, 2014, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 § § 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: October 20, 2014. Yvette Springer, Committee Liaison Officer. [FR Doc. 2014–25236 Filed 10–22–14; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Transportation and Related Equipment Technical Advisory Committee will meet on November 12, 2014, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Agenda mstockstill on DSK4VPTVN1PROD with NOTICES Public Session 1. Welcome and Introductions. 2. Status reports by working group chairs. 3. Public comments and Proposals. Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). VerDate Sep<11>2014 16:52 Oct 22, 2014 Jkt 235001 The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than November 5, 2014. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on October 10, 2014, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § (10)(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482·2813. Dated: October 20, 2014. Yvette Springer, Committee Liaison Officer. [FR Doc. 2014–25234 Filed 10–22–14; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Initiation of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC). Based upon a request filed by Lanling Qingshui Vegetable Foods Co., Ltd. (Lanling Qingshui), the Department intends to determine in this review whether Lanling Qingshui is the AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 63381 successor-in-interest of Cangshan Qingshui Vegetable Foods Co., Ltd. (Cangshan Qingshui), a producer/ exporter examined in prior administrative reviews of the order.1 DATES: Effective Date: October 23, 2014. FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482–2371 or Jacky Arrowsmith at (202) 482–5255, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On November 16, 1994, the Department published notice of the Order in the Federal Register.2 On September 5, 2014, Lanling Qingshui requested that the Department conduct a changed circumstances review pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216 and 19 CFR 351.221(c)(3), to determine that it is the successor-in-interest to Cangshan Qingshui for purposes of the Order. In its request, Lanling Qingshui provided its business licenses before and after the name change, a government document indicating the county name change which led to the company’s name change, and information on its ownership and customers. We received no comments from other interested parties. Scope of the Order The products covered by the order are all grades of garlic, whole or separated into constituent cloves, whether or not peeled, fresh, chilled, frozen, water or other neutral substance, but not prepared or preserved by the addition of other ingredients or heat processing. The differences between grades are based on color, size, sheathing, and level of decay. The scope of the order does not include the following: (a) Garlic that has been mechanically harvested and that is primarily, but not exclusively, destined for non-fresh use; or (b) garlic that has been specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed. The subject merchandise is used principally as a food product and for seasoning. The subject garlic is currently classifiable under subheadings: 0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 1 See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 FR 59209 (November 16, 1994) (Order). 2 See id. E:\FR\FM\23OCN1.SGM 23OCN1 63382 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. In order to be excluded from the order, garlic entered under the HTSUS subheadings listed above that is (1) mechanically harvested and primarily, but not exclusively, destined for nonfresh use or (2) specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed must be accompanied by declarations to U.S. Customs and Border Protection to that effect. mstockstill on DSK4VPTVN1PROD with NOTICES Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Act, the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from, an interested party for a review of an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In accordance with 19 CFR 351.216(d), the Department determines that the information submitted by Lanling Qingshui constitutes sufficient evidence to conduct a changed circumstances review of the Order. In a changed circumstances review involving a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.3 While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations are essentially the same as those of the predecessor company.4 Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new 3 See, e.g., Certain Activated Carbon From the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 19934, 19935 (April 30, 2009). 4 See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January 4, 2006). VerDate Sep<11>2014 16:52 Oct 22, 2014 Jkt 235001 company the cash deposit rate of its predecessor.5 Based on the information provided in its submission, Lanling Qingshui provided sufficient evidence to warrant a review to determine if it is the successor-in-interest to Cangshan Qingshui. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances review. However, the Department finds it is necessary to issue a questionnaire requesting additional information for this review, as provided for by 19 CFR 351.221(b)(2). For that reason, the Department is not conducting this review on an expedited basis by publishing preliminary results in conjunction with this notice of initiation. The Department will publish in the Federal Register a notice of the preliminary results of the changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and legal conclusions upon which our preliminary results are based and a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which the review is initiated, or not later than 45 days if all parties to the proceeding agree to the outcome of the review. During the course of this changed circumstances review, we will not change the cash deposit requirements for the merchandise subject to review. The cash deposit will only be altered, if warranted, pursuant to the final results of this review. This notice is published in accordance with sections 751(b)(l) and 777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1). Dated: October 16, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–25259 Filed 10–22–14; 8:45 am] BILLING CODE 3510–DS–P 5 See, e.g., Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration The Research Corporation of the University of Hawaii, 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: 14–014. Applicant: The Research Corporation of the University of Hawaii, Honolulu, HI 96822. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: See notice at 79 FR 54680, September 12, 2014. Docket Number: 14–017. Applicant: Chehalis School District, Chehalis, WA 98532. Instrument: Electron Microscope. Manufacturer: Tescan, S.R.O., Czech Republic. Intended Use: See notice at 79 FR 48123, August 15, 2014. Docket Number: 14–018. Applicant: University of Chicago, Chicago, IL 60637. Instrument: Electron Microscope. Manufacturer: Brno, Czech Republic. Intended Use: See notice at 79 FR 48123, August 15, 2014. Docket Number: 14–020. Applicant: Louisiana State University, Shreveport, LA 71115. Instrument: Electron Microscope. Manufacturer: Delong Instruments A.s., Czech Republic. Intended Use: See notice at 79 FR 54680, September 12, 2014. Docket Number: 14–022. Applicant: University of Nebraska-Lincoln, Lincoln, NE 68588–0645. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: See notice at 79 FR 54680–81, September 12, 2014. Docket Number: 14–025. Applicant: Michigan State University, Grand Rapids, MI 49503. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: See notice at 79 FR 54680–81, September 12, 2014. 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 E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Notices]
[Pages 63381-63382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25259]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Changed Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC). Based upon a request filed by Lanling Qingshui 
Vegetable Foods Co., Ltd. (Lanling Qingshui), the Department intends to 
determine in this review whether Lanling Qingshui is the successor-in-
interest of Cangshan Qingshui Vegetable Foods Co., Ltd. (Cangshan 
Qingshui), a producer/exporter examined in prior administrative reviews 
of the order.\1\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).

---------------------------------------------------------------------------
DATES: Effective Date: October 23, 2014.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482-2371 or Jacky 
Arrowsmith at (202) 482-5255, AD/CVD Operations, Office I, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 16, 1994, the Department published notice of the Order 
in the Federal Register.\2\ On September 5, 2014, Lanling Qingshui 
requested that the Department conduct a changed circumstances review 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), 19 CFR 351.216 and 19 CFR 351.221(c)(3), to determine that 
it is the successor-in-interest to Cangshan Qingshui for purposes of 
the Order. In its request, Lanling Qingshui provided its business 
licenses before and after the name change, a government document 
indicating the county name change which led to the company's name 
change, and information on its ownership and customers. We received no 
comments from other interested parties.
---------------------------------------------------------------------------

    \2\ See id.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are all grades of garlic, whole 
or separated into constituent cloves, whether or not peeled, fresh, 
chilled, frozen, water or other neutral substance, but not prepared or 
preserved by the addition of other ingredients or heat processing. The 
differences between grades are based on color, size, sheathing, and 
level of decay. The scope of the order does not include the following: 
(a) Garlic that has been mechanically harvested and that is primarily, 
but not exclusively, destined for non-fresh use; or (b) garlic that has 
been specially prepared and cultivated prior to planting and then 
harvested and otherwise prepared for use as seed. The subject 
merchandise is used principally as a food product and for seasoning. 
The subject garlic is currently classifiable under subheadings: 
0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,

[[Page 63382]]

0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of 
the United States (HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive. In order to be excluded from the order, garlic entered 
under the HTSUS subheadings listed above that is (1) mechanically 
harvested and primarily, but not exclusively, destined for non-fresh 
use or (2) specially prepared and cultivated prior to planting and then 
harvested and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection to that effect.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from, an interested party for a review of an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In accordance with 19 CFR 351.216(d), 
the Department determines that the information submitted by Lanling 
Qingshui constitutes sufficient evidence to conduct a changed 
circumstances review of the Order.
    In a changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\3\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\4\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\5\
---------------------------------------------------------------------------

    \3\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \4\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \5\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

    Based on the information provided in its submission, Lanling 
Qingshui provided sufficient evidence to warrant a review to determine 
if it is the successor-in-interest to Cangshan Qingshui. Therefore, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are 
initiating a changed circumstances review. However, the Department 
finds it is necessary to issue a questionnaire requesting additional 
information for this review, as provided for by 19 CFR 351.221(b)(2). 
For that reason, the Department is not conducting this review on an 
expedited basis by publishing preliminary results in conjunction with 
this notice of initiation. The Department will publish in the Federal 
Register a notice of the preliminary results of the changed 
circumstances review in accordance with 19 CFR 351.221(b)(4) and 19 CFR 
351.221(c)(3)(i). That notice will set forth the factual and legal 
conclusions upon which our preliminary results are based and a 
description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In 
accordance with 19 CFR 351.216(e), the Department intends to issue the 
final results of its antidumping duty changed circumstances review not 
later than 270 days after the date on which the review is initiated, or 
not later than 45 days if all parties to the proceeding agree to the 
outcome of the review.
    During the course of this changed circumstances review, we will not 
change the cash deposit requirements for the merchandise subject to 
review. The cash deposit will only be altered, if warranted, pursuant 
to the final results of this review.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: October 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-25259 Filed 10-22-14; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.