Fresh Garlic From the People's Republic of China: Preliminary Results of the Nineteenth Antidumping Duty Administrative Review; 2012-2013, 72625-72629 [2014-28688]

Download as PDF Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may not be filed later than five days after the time limit for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.4 Executive summaries should be limited to five pages total, including footnotes.5 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.6 Assessment Rates Upon issuing the final results of the review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. For any individually examined respondents whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on 3 See 19 CFR 351.309(d)(1). 19 CFR 351.309(c)(2), (d)(2). 5 See id. 6 See section 751(a)(3)(A) of the Act. 4 See VerDate Sep<11>2014 20:19 Dec 05, 2014 Jkt 235001 the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).7 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. 72625 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 1, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Cash Deposit Requirements Appendix—List of Topics Discussed in the Preliminary Decision Memorandum The following deposit requirements will be effective for all shipments of PET Film from the UAE entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.05 percent, the all-others rate established in the investigation.8 These cash deposit requirements, when imposed, shall remain in effect until further notice. 1. Summary 2. Background 3. Scope of the Order 4. Date of Sale 5. Discussion of Methodology 6. Product Comparisons 7. Export Price and Constructed Export Price 8. Normal Value 9. Cost of Production Analysis 10. Currency Conversion 7 In these preliminary results, the Department applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 8 See Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, the People’s Republic of China and the United Arab Emirates: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value for the United Arab Emirates, 73 FR 66595, 66597 (November 10, 2008). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 [FR Doc. 2014–28691 Filed 12–5–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Preliminary Results of the Nineteenth Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting the nineteenth administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) covering the period of review (POR) November 1, 2012, through October 31, 2013.1 We preliminary determine that the two mandatory respondents in this review, Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Jinxiang Hejia Co., Ltd. AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 79392 (December 30, 2013) (Initiation Notice). E:\FR\FM\08DEN1.SGM 08DEN1 72626 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices (Hejia), each failed to establish that it is separate from the PRC-wide entity. As a result, the PRC-wide entity is now under review.2 We are preliminarily applying adverse facts available (AFA) to the PRC-wide entity because elements of the entity, Golden Bird and Hejia, failed to cooperate by not acting to the best of their ability to comply with the Department’s requests for information. The Department is preliminarily determining that seven companies are entitled to a separate rate. Finally, the Department is also preliminarily determining that 16 companies made no shipments during the POR. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Effective Date: December 8, 2014. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482–5255. mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Order The merchandise covered by the order includes all grades of garlic, whole or separated into constituent cloves. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.20.0020, 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.3 2 On November 4, 2013, the Department announced a change in practice with respect to the condition review of the NME entity. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Proceedings, 78 FR 65963 (Nov. 4, 2013). The change in practice is not applicable in this administrative review. 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance regarding ‘‘Decision Memorandum for the Preliminary Results and Preliminary Rescission of the 2012–2013 Antidumping Duty Administrative Review: Fresh Garlic from the People’s Republic of China,’’ dated concurrently with these results and hereby adopted by this notice (‘‘Preliminary Decision Memorandum’’), for a complete description of the Scope of the Order. VerDate Sep<11>2014 20:19 Dec 05, 2014 Jkt 235001 Methodology The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, dated concurrently with these results and hereby adopted by this notice.4 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).5 ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit (CRU), Room 7046 of the main Department of Commerce building. In addition, parties can obtain a complete version of the Preliminary Decision Memorandum on the Internet at http:// trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. PRC-Wide Entity The two mandatory respondents, Golden Bird and Hejia, each failed to respond to the Department’s requests for information and/or declined to participate in this review and therefore, each failed to establish eligibility for separate rate status. Accordingly, the Department preliminarily finds that the PRC-wide entity includes these companies. Elements of the entity failed to provide necessary information for the Department to conduct a review. Accordingly, the Department has relied on facts available.6 Further, the Department finds that the PRC-wide entity failed to cooperate by not acting to the best of its ability to comply with a request for information. Therefore, pursuant to section 776(b) of the Act, the Department used an adverse inference when selecting from among the facts otherwise available.7 Thus, the Department relied on AFA in order to determine a margin for the PRC-wide entity, pursuant to sections 776(a)(1), 4 See Preliminary Decision Memorandum. November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). 6 See sections 776(a)(1) and (2)(A)–(C) of the Act. 7 See section 776(b) of the Act. 5 On PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 776(a)(2)(A), (B), (C) and 776(b) of the Act.8 On May 29, 2014, the Department rescinded this review for companies for whom requests for review were withdrawn and which had a separate rate from a prior segment of this proceeding.9 The Department finds that 92 of the companies whose review requests were withdrawn had not been assigned a separate rate from a prior segment of the proceeding, and thus are considered part of the PRC-wide entity. Further, an additional 30 companies for which a review was requested, and not withdrawn, did not file a separate rate application or certification, nor did they file a no shipments certification.10 Accordingly, because these companies did not demonstrate their eligibility for a separate rate, the Department preliminarily determines that they are also part of the PRC-wide entity. A full list of companies preliminarily determined to be part of the PRC-wide entity can be found in Appendix II. Preliminary Determination of Separate Rates for Non-Selected Companies In accordance with section 777A(c)(2)(B) of the Act, the Department employed a limited examination methodology, as it determined that it would not be practicable to examine individually all companies for which a review request was made. There were seven exporters of subject merchandise from the PRC that have demonstrated their eligibility for a separate rate but which were not selected for individual examination in this review. These seven exporters of subject merchandise that have demonstrated their eligibility for a separate rate, but which were not selected for an individual examination in this review are: Chengwu County Yuanxiang Industry & Commerce Co, Ltd.; Jinxiang Richfar Fruits and Vegetables Co., Ltd.; Qingdao Lianghe International Trade Co., Ltd., Shandong Chenhe International Trading Co., Ltd.; Shenzhen Xinboda Industrial Trading Co., Ltd.; Weifang Hongqiao International Logistics Co., Ltd.; and XuZhou Simple Garlic Industry Co., Ltd. Neither the Act nor the Department’s regulations address the establishment of the rate applied to individual 8 See Preliminary Decision Memorandum at the sections pertaining to ‘‘PRC-Wide Entity’’ and ‘‘Selection of Adverse Facts Available (AFA) Rate’’ for a discussion of the AFA rate. 9 See Fresh Garlic From the People’s Republic of China: Partial Rescission of the 19th Antidumping Duty Administrative Review; 2012–2013, 79 FR 30819 (May 29, 2014). 10 See the Preliminary Decision Memorandum at the sections pertaining to ‘‘PRC-Wide Entity.’’ E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices companies not selected for examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department’s practice in cases involving limited selection based on exporters accounting for the largest volumes of trade has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act instructs the Department to use rates established for individually investigated producers and exporters, excluding any rates that are zero, de minimis, or based entirely on facts available in investigations. Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, the Department may use ‘‘any reasonable method’’ for assigning a rate to nonexamined respondents. The weightedaverage margin preliminarily determined for the individuallyexamined respondents in this review is based entirely on facts available. For the preliminary results, the Department has preliminarily determined to assign a rate of 1.82 U.S. dollars per kilogram, which is the rate for separate rate companies for the most recently completed (18th) administrative review.11 mstockstill on DSK4VPTVN1PROD with NOTICES Preliminary Determination of No Shipments The companies listed in Appendix I timely filed ‘‘no shipment’’ certifications stating that they had no entries of subject merchandise during the POR.12 Consistent with its practice, the Department asked CBP to conduct a query of potential shipments made by these companies. CBP did not provide evidence that contradicted the parties’ no shipment claims. Based on the certifications by these companies and our analysis of CBP information, we preliminarily determine that the 11 See Fresh Garlic From the People’s Republic of China: Preliminary Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012, 79 FR 36721 (June 30, 2014) (2011–2012 Garlic Final). See also Multilayered Wood Flooring From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 76 FR 64318 (October 18, 2011). 12 The Department notes that Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd., companies who participated in the November 1, 2012, to April 30, 2013 new shipper review (see, e.g., 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, 79 FR 62103 (October 16, 2014)) certified that it had not shipments between May 1, 2013 and October 31, 2013. VerDate Sep<11>2014 20:19 Dec 05, 2014 Jkt 235001 companies listed in Appendix I did not have any reviewable transactions during the POR. In addition, the Department finds that consistent with its refinement to its assessment practice in non-market economy (NME) cases, further discussed below, it is appropriate not to rescind the review in part in these circumstances but to complete the review with respect to these 16 companies and issue appropriate instructions to CBP based on the final results of the review.13 Preliminary Results of Review Regarding the administrative review, the Department preliminarily determines that the following weightedaverage dumping margins exist for the period November 1, 2012, through October 31, 2013: Weightedaverage margin (dollars per kilogram) Exporter Chengwu County Yuanxiang Industry & Commerce Co., Ltd Jinxiang Richfar Fruits & Vegetables Co., Ltd ....................... Qingdao Lianghe International Trade Co., Ltd ....................... Shandong Chenhe International Trading Co., Ltd .................... Shenzhen Xinboda Industrial Co., Ltd ................................. Weifang Hongqiao International Logistics Co., Ltd .................. XuZhou Simple Garlic Industry Co., Ltd ................................. PRC-Wide Rate ........................ 1.82 1.82 1.82 1.82 1.82 1.82 1.82 4.71 Public Comment & Opportunity To Request a Hearing Unless otherwise notified by the Department, interested parties may submit written comments (case briefs) no later than 30 days after the date of publication of these preliminary results of review and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.14 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and, (3) a table of authorities.15 Any interested party may request a hearing within 30 days of publication of this notice.16 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the case and rebuttal briefs.17 If a party requests a hearing, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. The Department intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.18 The Department will direct CBP to assess rates based on the per-unit (i.e., per kilogram) amount on each entry of the subject merchandise during the POR. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review. Also, the Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for merchandise that was not reported in the U.S. sales databases submitted by an exporter 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 NME-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.19 Cash Deposit Requirements The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise 16 See 13 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011); see also ‘‘Assessment Rates’’ section below. 14 See 19 CFR 351.309(c)(1)(ii) and (d)(1). 15 See 19 CFR 351.309(c)(2), (d)(2). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 72627 19 CFR 351.310(c). 17 Id. 18 See 19 CFR 351.212(b). a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 19 For E:\FR\FM\08DEN1.SGM 08DEN1 72628 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For the companies listed above, the cash deposit rate will be the rate established in these final results of review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCwide rate of 4.71 U.S. dollars per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4). Dated: December 1, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix I—Companies That Have Certified No Shipments 1. Cangshan Qingshui Vegetable Foods Co., Ltd. 2. Chengwu County Yuanxiang Industry & Commerce Co., Ltd. 3. Jinan Farmlady Trading Co., Ltd. 4. Jining Yifa Garlic Produce Co., Ltd. 5. Jining Yongjia Trade Co., Ltd. 6. Jinxiang Chengda Import & Export Co., Ltd. 7. Jinxiang Merry Vegetable Co., Ltd. 8. Jinxiang Yuanxin Import & Export Co., Ltd. 9. Shenzhen Bainong Co., Ltd. 10. Shijazhuang Goodman Trading Co., Ltd. 11. Qingdao Maycarrier Import & Export Co., Ltd. VerDate Sep<11>2014 20:19 Dec 05, 2014 Jkt 235001 12. Qingdao Sea-line International Trading Co. 13. Qingdao Tiantaixing Foods Co., Ltd. 14. Qingdao Xiangtiangfeng Foods Co., Ltd. or Xi Tian Feng 15. Xuzhou Simple Garlic Industry Co., Ltd. 16. Yantai Jinyan Trading Inc. Appendix II—List of Companies Subject to the PRC-Wide Rate 1. American Pioneer Shipping 2. Anhui Dongqian Foods Ltd. 3. Anqiu Friend Food Co., Ltd. 4. Anqiu Haoshun Trade Co., Ltd. 5. APM Global Logistics (Shanghai) Co., Ltd. 6. APS Qingdao 7. Chiping Shengkang Foodstuff Co., Ltd. 8. CMEC Engineering Machinery Import & Export Co., Ltd. 9. Dalian New Century Food Co., Ltd. 10. Dongying Shunyifa Chemical Co., Ltd. 11. Dynalink Systems Logistics (Qingdao) Inc. 12. Eimskip Logistics Inc. 13. Feicheng Acid Chemicals Co., Ltd. 14. Foshan Fuyi Food Co, Ltd. 15. Frog World Co., Ltd. 16. Golden Bridge International, Inc. 17. Goodwave Technology Development Ltd. 18. Guangxi Lin Si Fu Bang Trade Co., Ltd 19. Hangzhou Guanyu Foods Co., Ltd. 20. Hebei Golden Bird Trading Co., Ltd. 21. Hejiahuan (Zhongshan) Electrical AP 22. Henan Weite Industrial Co., Ltd. 23. Heze Ever-Best International Trade Co., Ltd. (f/k/a Shandong Heze International Trade and Developing Company) 24. Hongkong Golden Eagle Group Ltd. 25. Hongqiao International Logistics Co. 26. Intecs Logistics Service Co., Ltd. 27. IT Logistics Qingdao Branch 28. Jinan Solar Summit International Co., Ltd. 29. Jinan Yipin Corporation Ltd. 30. Jining De-Rain Trading Co., Ltd. 31. Jining Highton Trading Co., Ltd. 32. Jining Jiulong International Trading Co., Ltd. 33. Jining Tiankuang Trade Co., Ltd. 34. Jining Trans-High Trading Co., Ltd. 35. Jinxiang County Huaguang Food Import & Export Co., Ltd. 36. Jinxiang Dacheng Food Co., Ltd. 37. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang Eastward Shipping Import and Export Limited Company) 38. Jinxiang Dongyun Import & Export Co., Ltd. 39. Jinxiang Fengsheng Import & Export Co., Ltd. 40. Jinxiang Grand Agricultural Co., Ltd. 41. Jinxiang Hejia Co., Ltd. 42. Jinxiang Infarm Fruits & Vegetables Co., Ltd. 43. Jinxiang Meihua Garlic Produce Co., Ltd. 44. Jinxiang Shanyang Freezing Storage Co., Ltd. 45. Jinxiang Shenglong Trade Co., Ltd. 46. Jinxiang Tianheng Trade Co., Ltd. 47. Jinxiang Tianma Freezing Storage Co., Ltd. 48. Jinxiang Xian Baishite Trade Co., Ltd. (a/ k/a Jinxiang Best Trade Co., Ltd.) 49. Juye Homestead Fruits and Vegetables Co., Ltd. 50. Kingwin Industrial Co., Ltd. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 51. Laiwu Fukai Foodstuff Co., Ltd. 52. Laiwu Jiahe Fruit and Vegatable Co., Ltd. 53. Laizhou Xubin Fruits and Vegetables 54. Linshu Dading Private Agricultural Products Co., Ltd. 55. Linyi City Hedong District Jiuli Foodstuff Co. 56. Linyi City Kangfa Foodstuff Drinkable Co., Ltd. 57. Linyi Katayama Foodstuffs Co., Ltd. 58. Linyi Tianqin Foodstuff Co., Ltd. 59. Ningjin Ruifeng Foodstuff Co., Ltd. 60. Qingdao Apex Shipping Co., Ltd. 61. Qingdao BNP Co., Ltd. 62. Qingdao Cherry Leather Garment Co., Ltd. 63. Qingdao Chongzhi International Transportation Co., Ltd. 64. Qingdao Everfresh Trading Co., Ltd. 65. Qingdao Liang He International Trade Co., Ltd. 66. Qingdao Lianghe International Trade Co., Ltd. 67. Qingdao Saturn International Trade Co., Ltd. 68. Qingdao Sino-World International Trading Co., Ltd. 69. Qingdao Winner Foods Co., Ltd. 70. Qingdao XinTian Feng Food Co., Ltd. 71. Qingdao Yuankang International 72. Qufu Dongbao Import & Export Trade Co., Ltd. 73. Rizhao Huasai Foodstuff Co., Ltd. 74. Samyoung America (Shanghai) Inc. 75. Shandong Chengshun Farm Produce Trading Co., Ltd. 76. Shandong Chenhe Intl Trading Co., Ltd. 77. Shandong China Bridge Imports 78. Shandong Dongsheng Eastsun Foods Co., Ltd. 79. Shandong Garlic Company 80. Shandong Longtai Fruits and Vegetables Co., Ltd. 81. Shandong Sanxing Food Co., Ltd. 82. Shandong Wonderland Organic Food Co., Ltd. 83. Shandong Xingda Foodstuffs Group Co., Ltd. 84. Shandong Yipin Agro (Group) Co., Ltd. 85. Shanghai Ever Rich Trade Company 86. Shanghai Goldenbridge International Co., Ltd. 87. Shanghai Great Harvest International Co., Ltd. 88. Shanghai LJ International Trading Co., Ltd. 89. Shanghai Medicines & Health Products Import/Export Co., Ltd. 90. Shanghai Yijia International Transportation Co., Ltd. 91. Shenzhen Fanhui Import & Export Co., Ltd. 92. Shenzhen Greening Trading Co., Ltd. 93. Shenzhen Xunong Trade Co., Ltd. 94. Sunny Import & Export Limited 95. Tangerine International Trading Co. 96. T&S International, LLC. 97. Taian Eastsun Foods Co., Ltd. 98. Taian Fook Huat Tong Kee Pte. Ltd. 99. Taian Solar Summit Food Co., Ltd. 100. Taiyan Ziyang Food Co., Ltd. 101. Tianjin Spiceshi Co., Ltd. 102. U.S. United Logistics (Ningbo) Inc. 103. V.T. Impex (Shandong) Limited 104. Weifang Chenglong Import & Export Co., Ltd. E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices 105. Weifang He Lu Food Import & Export Co., Ltd. 106. Weifang Hong Qiao International Logistics Co., Ltd. 107. Weifang Jinbao Agricultural Equipment Co., Ltd. 108. Weifang Naike Foodstuffs Co., Ltd. 109. Weifang Shennong Foodstuff Co., Ltd. 110. Weihai Textile Group Import & Export Co., Ltd. 111. WSSF Corporation (Weifang) 112. Xiamen Huamin Import Export Company 113. Xiamen Keep Top Imp. and Exp. Co., Ltd. 114. Xinjiang Top Agricultural Products Co., Ltd. 115. XuZhou Heiners Agricultural Co., Ltd. 116. Yishui Hengshun Food Co., Ltd. 117. You Shi Li International Trading Co., Ltd. 118. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd. 119. Zhengzhou Dadi Garlic Industry Co., Ltd. 120. Zhengzhou Huachao Industrial Co., Ltd. 121. Zhengzhou Xiwannian Food Co., Ltd. 122. Zhengzhou Xuri Import & Export Co., Ltd. 123. Zhengzhou Yuanli Trading Co., Ltd. 124. Zhong Lian Farming Product (Qingdao) Co., Ltd. Appendix III—List of Topics Discussed in the Preliminary Decision Memorandum Preliminary Rescission of Review Separate Rate Determination Separate Rate for Non-Selected Companies Preliminary Determination of No Shipments PRC-Wide Entity [FR Doc. 2014–28688 Filed 12–5–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Advisory Committee on Earthquake Hazards Reduction Meeting National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will meet on Thursday, April 9, 2015 from 8:30 a.m. to 5:00 p.m. Eastern Time and Friday, April 10, 2015, from 8:30 a.m. to 2:30 p.m. Eastern Time. The primary purpose of this meeting is to develop the Committee’s 2015 Report on the Effectiveness of the National Earthquake Hazards Reduction Program (NEHRP) and to review the NEHRP agency updates on their latest activities. The agenda may change to accommodate Committee business. The final agenda mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:19 Dec 05, 2014 Jkt 235001 will be posted on the NEHRP Web site at http://nehrp.gov/. DATES: The ACEHR will meet on Thursday, April 9, 2015, from 8:30 a.m. until 5:00 p.m. Eastern Time. The meeting will continue on Friday, April 10, 2015, from 8:30 a.m. until 2:30 p.m. Eastern Time. The meeting will be open to the public. ADDRESSES: The meeting will be held in the Portrait Room, Administration Building, National Institute of Standards and Technology (NIST), 100 Bureau Drive, Gaithersburg, Maryland 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Tina Faecke, Management and Program Analyst, National Earthquake Hazards Reduction Program, Engineering Laboratory, NIST, 100 Bureau Drive, Mail Stop 8604, Gaithersburg, Maryland 20899–8604. Ms. Faecke’s email address is tina.faecke@nist.gov and her phone number is (301) 975–5911. SUPPLEMENTARY INFORMATION: The Committee was established in accordance with the requirements of Section 103 of the NEHRP Reauthorization Act of 2004 (Public Law 108–360). The Committee is composed of 13 members appointed by the Director of NIST, who were selected for their established records of distinguished service in their professional community, their knowledge of issues affecting NEHRP, and to reflect the wide diversity of technical disciplines, competencies, and communities involved in earthquake hazards reduction. In addition, the Chairperson of the U.S. Geological Survey (USGS) Scientific Earthquake Studies Advisory Committee (SESAC) serves as an ex-officio member of the Committee. The Committee assesses: • Trends and developments in the science and engineering of earthquake hazards reduction; • the effectiveness of NEHRP in performing its statutory activities; • any need to revise NEHRP; and • the management, coordination, implementation, and activities of NEHRP. Background information on NEHRP and the Advisory Committee is available at http://nehrp.gov/. Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the ACEHR will hold an open meeting on Thursday, April 9, 2015 from 8:30 a.m. to 5:00 p.m. Eastern Time and Friday, April 10, 2015, from 8:30 a.m. to 2:30 p.m. Eastern Time. The meeting will be held in the Portrait Room, PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 72629 Administration Building, NIST, 100 Bureau Drive, Gaithersburg, Maryland 20899. The primary purpose of this meeting is to develop the Committee’s 2015 Report on the Effectiveness of the NEHRP and to review the NEHRP agency updates on their latest activities. The agenda may change to accommodate Committee business. The final agenda will be posted on the NEHRP Web site at http://nehrp.gov/. Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee’s affairs are invited to request a place on the agenda. On April 10, 2015, approximately one-half hour will be reserved near the conclusion of the meeting for public comments, and speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be about three minutes each. Questions from the public will not be considered during this period. All those wishing to speak must submit their request by email to the attention of Ms. Tina Faecke, tina.faecke@nist.gov, by 5:00 p.m. Eastern time, Thursday, April 2, 2015. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to attend in person are invited to submit written statements to ACEHR, National Institute of Standards and Technology, 100 Bureau Drive, MS 8604, Gaithersburg, Maryland 20899– 8604, via fax at (301) 975–4032, or electronically by email to tina.faecke@ nist.gov. All visitors to the NIST site are required to pre-register to be admitted. Anyone wishing to attend this meeting must register by 5:00 p.m. Eastern Time, Thursday, April 2, 2015, in order to attend. Please submit your full name, email address, and phone number to Felicia Johnson. Non-U.S. citizens must submit additional information; please contact Ms. Johnson. Ms. Johnson’s email address is felicia.johnson@ nist.gov and her phone number is (301) 975–5324. Also, please note that under the REAL ID Act of 2005 (P.L. 109–13), federal agencies, including NIST, can only accept a state-issued driver’s license or identification card for access to federal facilities if issued by states that are REAL ID compliant or have an extension. NIST also currently accepts other forms of federal-issued identification in lieu of a state-issued driver’s license. For detailed information please contact Ms. Johnson or visit: http://www.nist.gov/public_ affairs/visitor/. E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Proposed Rules]
[Pages 72625-72629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28688]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of the Nineteenth Antidumping Duty Administrative Review; 2012-
2013

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

SUMMARY: The Department of Commerce (Department) is conducting the 
nineteenth administrative review of the antidumping duty order on fresh 
garlic from the People's Republic of China (PRC) covering the period of 
review (POR) November 1, 2012, through October 31, 2013.\1\ We 
preliminary determine that the two mandatory respondents in this 
review, Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Jinxiang 
Hejia Co., Ltd.

[[Page 72626]]

(Hejia), each failed to establish that it is separate from the PRC-wide 
entity. As a result, the PRC-wide entity is now under review.\2\ We are 
preliminarily applying adverse facts available (AFA) to the PRC-wide 
entity because elements of the entity, Golden Bird and Hejia, failed to 
cooperate by not acting to the best of their ability to comply with the 
Department's requests for information. The Department is preliminarily 
determining that seven companies are entitled to a separate rate. 
Finally, the Department is also preliminarily determining that 16 
companies made no shipments during the POR. If these preliminary 
results are adopted in our final results of review, we will instruct 
U.S. Customs and Border Protection (CBP) to assess antidumping duties 
on all appropriate entries of subject merchandise during the POR. We 
invite interested parties to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
79392 (December 30, 2013) (Initiation Notice).
    \2\ On November 4, 2013, the Department announced a change in 
practice with respect to the condition review of the NME entity. See 
Antidumping Proceedings: Announcement of Change in Department 
Practice for Respondent Selection in Antidumping Duty Proceedings 
and Conditional Review of the Nonmarket Economy Entity in NME 
Antidumping Proceedings, 78 FR 65963 (Nov. 4, 2013). The change in 
practice is not applicable in this administrative review.

---------------------------------------------------------------------------
DATES: Effective Date: December 8, 2014.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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-
5255.

Scope of the Order

    The merchandise covered by the order includes all grades of garlic, 
whole or separated into constituent cloves. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 
0703.20.0020, 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.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance regarding ``Decision Memorandum for the Preliminary 
Results and Preliminary Rescission of the 2012-2013 Antidumping Duty 
Administrative Review: Fresh Garlic from the People's Republic of 
China,'' dated concurrently with these results and hereby adopted by 
this notice (``Preliminary Decision Memorandum''), for a complete 
description of the Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum, 
dated concurrently with these results and hereby adopted by this 
notice.\4\ The Preliminary Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System 
(ACCESS).\5\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit (CRU), 
Room 7046 of the main Department of Commerce building. In addition, 
parties can obtain a complete version of the Preliminary Decision 
Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum.
    \5\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

PRC-Wide Entity

    The two mandatory respondents, Golden Bird and Hejia, each failed 
to respond to the Department's requests for information and/or declined 
to participate in this review and therefore, each failed to establish 
eligibility for separate rate status. Accordingly, the Department 
preliminarily finds that the PRC-wide entity includes these companies. 
Elements of the entity failed to provide necessary information for the 
Department to conduct a review. Accordingly, the Department has relied 
on facts available.\6\ Further, the Department finds that the PRC-wide 
entity failed to cooperate by not acting to the best of its ability to 
comply with a request for information. Therefore, pursuant to section 
776(b) of the Act, the Department used an adverse inference when 
selecting from among the facts otherwise available.\7\ Thus, the 
Department relied on AFA in order to determine a margin for the PRC-
wide entity, pursuant to sections 776(a)(1), 776(a)(2)(A), (B), (C) and 
776(b) of the Act.\8\
---------------------------------------------------------------------------

    \6\ See sections 776(a)(1) and (2)(A)-(C) of the Act.
    \7\ See section 776(b) of the Act.
    \8\ See Preliminary Decision Memorandum at the sections 
pertaining to ``PRC-Wide Entity'' and ``Selection of Adverse Facts 
Available (AFA) Rate'' for a discussion of the AFA rate.
---------------------------------------------------------------------------

    On May 29, 2014, the Department rescinded this review for companies 
for whom requests for review were withdrawn and which had a separate 
rate from a prior segment of this proceeding.\9\ The Department finds 
that 92 of the companies whose review requests were withdrawn had not 
been assigned a separate rate from a prior segment of the proceeding, 
and thus are considered part of the PRC-wide entity. Further, an 
additional 30 companies for which a review was requested, and not 
withdrawn, did not file a separate rate application or certification, 
nor did they file a no shipments certification.\10\ Accordingly, 
because these companies did not demonstrate their eligibility for a 
separate rate, the Department preliminarily determines that they are 
also part of the PRC-wide entity. A full list of companies 
preliminarily determined to be part of the PRC-wide entity can be found 
in Appendix II.
---------------------------------------------------------------------------

    \9\ See Fresh Garlic From the People's Republic of China: 
Partial Rescission of the 19th Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 30819 (May 29, 2014).
    \10\ See the Preliminary Decision Memorandum at the sections 
pertaining to ``PRC-Wide Entity.''
---------------------------------------------------------------------------

Preliminary Determination of Separate Rates for Non-Selected Companies

    In accordance with section 777A(c)(2)(B) of the Act, the Department 
employed a limited examination methodology, as it determined that it 
would not be practicable to examine individually all companies for 
which a review request was made. There were seven exporters of subject 
merchandise from the PRC that have demonstrated their eligibility for a 
separate rate but which were not selected for individual examination in 
this review. These seven exporters of subject merchandise that have 
demonstrated their eligibility for a separate rate, but which were not 
selected for an individual examination in this review are: Chengwu 
County Yuanxiang Industry & Commerce Co, Ltd.; Jinxiang Richfar Fruits 
and Vegetables Co., Ltd.; Qingdao Lianghe International Trade Co., 
Ltd., Shandong Chenhe International Trading Co., Ltd.; Shenzhen Xinboda 
Industrial Trading Co., Ltd.; Weifang Hongqiao International Logistics 
Co., Ltd.; and XuZhou Simple Garlic Industry Co., Ltd.
    Neither the Act nor the Department's regulations address the 
establishment of the rate applied to individual

[[Page 72627]]

companies not selected for examination where the Department limited its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. The Department's practice in cases involving limited 
selection based on exporters accounting for the largest volumes of 
trade has been to look to section 735(c)(5) of the Act for guidance, 
which provides instructions for calculating the all-others rate in an 
investigation. Section 735(c)(5)(A) of the Act instructs the Department 
to use rates established for individually investigated producers and 
exporters, excluding any rates that are zero, de minimis, or based 
entirely on facts available in investigations. Section 735(c)(5)(B) of 
the Act provides that, where all rates are zero, de minimis, or based 
entirely on facts available, the Department may use ``any reasonable 
method'' for assigning a rate to non-examined respondents. The 
weighted-average margin preliminarily determined for the individually-
examined respondents in this review is based entirely on facts 
available. For the preliminary results, the Department has 
preliminarily determined to assign a rate of 1.82 U.S. dollars per 
kilogram, which is the rate for separate rate companies for the most 
recently completed (18th) administrative review.\11\
---------------------------------------------------------------------------

    \11\ See Fresh Garlic From the People's Republic of China: 
Preliminary Results and Partial Rescission of the 18th Antidumping 
Duty Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014) 
(2011-2012 Garlic Final).
    See also Multilayered Wood Flooring From the People's Republic 
of China: Final Determination of Sales at Less Than Fair Value, 76 
FR 64318 (October 18, 2011).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    The companies listed in Appendix I timely filed ``no shipment'' 
certifications stating that they had no entries of subject merchandise 
during the POR.\12\ Consistent with its practice, the Department asked 
CBP to conduct a query of potential shipments made by these companies. 
CBP did not provide evidence that contradicted the parties' no shipment 
claims. Based on the certifications by these companies and our analysis 
of CBP information, we preliminarily determine that the companies 
listed in Appendix I did not have any reviewable transactions during 
the POR. In addition, the Department finds that consistent with its 
refinement to its assessment practice in non-market economy (NME) 
cases, further discussed below, it is appropriate not to rescind the 
review in part in these circumstances but to complete the review with 
respect to these 16 companies and issue appropriate instructions to CBP 
based on the final results of the review.\13\
---------------------------------------------------------------------------

    \12\ The Department notes that Jinxiang Merry Vegetable Co., 
Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd., companies who 
participated in the November 1, 2012, to April 30, 2013 new shipper 
review (see, e.g., 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, 79 FR 62103 (October 16, 
2014)) certified that it had not shipments between May 1, 2013 and 
October 31, 2013.
    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also ``Assessment Rates'' section below.
---------------------------------------------------------------------------

Preliminary Results of Review

    Regarding the administrative review, the Department preliminarily 
determines that the following weighted-average dumping margins exist 
for the period November 1, 2012, through October 31, 2013:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                                margin
                          Exporter                             (dollars
                                                                 per
                                                              kilogram)
------------------------------------------------------------------------
Chengwu County Yuanxiang Industry & Commerce Co., Ltd......         1.82
Jinxiang Richfar Fruits & Vegetables Co., Ltd..............         1.82
Qingdao Lianghe International Trade Co., Ltd...............         1.82
Shandong Chenhe International Trading Co., Ltd.............         1.82
Shenzhen Xinboda Industrial Co., Ltd.......................         1.82
Weifang Hongqiao International Logistics Co., Ltd..........         1.82
XuZhou Simple Garlic Industry Co., Ltd.....................         1.82
PRC-Wide Rate..............................................         4.71
------------------------------------------------------------------------

Public Comment & Opportunity To Request a Hearing

    Unless otherwise notified by the Department, interested parties may 
submit written comments (case briefs) no later than 30 days after the 
date of publication of these preliminary results of review and rebuttal 
comments (rebuttal briefs) within five days after the time limit for 
filing case briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal 
briefs must be limited to issues raised in the case briefs. Parties who 
submit arguments are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and, (3) a 
table of authorities.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\16\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the case and rebuttal briefs.\17\ If a party requests a hearing, the 
Department will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ Id.
---------------------------------------------------------------------------

    The Department intends to issue the final results of this review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\18\ The Department will direct CBP to assess 
rates based on the per-unit (i.e., per kilogram) amount on each entry 
of the subject merchandise during the POR. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of the final results of review.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    Also, the Department announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
merchandise that was not reported in the U.S. sales databases submitted 
by an exporter 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 NME-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.\19\
---------------------------------------------------------------------------

    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise

[[Page 72628]]

entered, or withdrawn from warehouse, for consumption on or after the 
publication of the final results of this administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above, the cash deposit rate will be the rate established in 
these final results of review (except, if the rate is zero or de 
minimis, a zero cash deposit rate will be required for that company); 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise which have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 4.71 U.S. dollars per kilogram; and (4) 
for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporter that supplied that non-PRC exporter. 
These requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Companies That Have Certified No Shipments

1. Cangshan Qingshui Vegetable Foods Co., Ltd.
2. Chengwu County Yuanxiang Industry & Commerce Co., Ltd.
3. Jinan Farmlady Trading Co., Ltd.
4. Jining Yifa Garlic Produce Co., Ltd.
5. Jining Yongjia Trade Co., Ltd.
6. Jinxiang Chengda Import & Export Co., Ltd.
7. Jinxiang Merry Vegetable Co., Ltd.
8. Jinxiang Yuanxin Import & Export Co., Ltd.
9. Shenzhen Bainong Co., Ltd.
10. Shijazhuang Goodman Trading Co., Ltd.
11. Qingdao Maycarrier Import & Export Co., Ltd.
12. Qingdao Sea-line International Trading Co.
13. Qingdao Tiantaixing Foods Co., Ltd.
14. Qingdao Xiangtiangfeng Foods Co., Ltd. or Xi Tian Feng
15. Xuzhou Simple Garlic Industry Co., Ltd.
16. Yantai Jinyan Trading Inc.

Appendix II--List of Companies Subject to the PRC-Wide Rate

1. American Pioneer Shipping
2. Anhui Dongqian Foods Ltd.
3. Anqiu Friend Food Co., Ltd.
4. Anqiu Haoshun Trade Co., Ltd.
5. APM Global Logistics (Shanghai) Co., Ltd.
6. APS Qingdao
7. Chiping Shengkang Foodstuff Co., Ltd.
8. CMEC Engineering Machinery Import & Export Co., Ltd.
9. Dalian New Century Food Co., Ltd.
10. Dongying Shunyifa Chemical Co., Ltd.
11. Dynalink Systems Logistics (Qingdao) Inc.
12. Eimskip Logistics Inc.
13. Feicheng Acid Chemicals Co., Ltd.
14. Foshan Fuyi Food Co, Ltd.
15. Frog World Co., Ltd.
16. Golden Bridge International, Inc.
17. Goodwave Technology Development Ltd.
18. Guangxi Lin Si Fu Bang Trade Co., Ltd
19. Hangzhou Guanyu Foods Co., Ltd.
20. Hebei Golden Bird Trading Co., Ltd.
21. Hejiahuan (Zhongshan) Electrical AP
22. Henan Weite Industrial Co., Ltd.
23. Heze Ever-Best International Trade Co., Ltd. (f/k/a Shandong 
Heze International Trade and Developing Company)
24. Hongkong Golden Eagle Group Ltd.
25. Hongqiao International Logistics Co.
26. Intecs Logistics Service Co., Ltd.
27. IT Logistics Qingdao Branch
28. Jinan Solar Summit International Co., Ltd.
29. Jinan Yipin Corporation Ltd.
30. Jining De-Rain Trading Co., Ltd.
31. Jining Highton Trading Co., Ltd.
32. Jining Jiulong International Trading Co., Ltd.
33. Jining Tiankuang Trade Co., Ltd.
34. Jining Trans-High Trading Co., Ltd.
35. Jinxiang County Huaguang Food Import & Export Co., Ltd.
36. Jinxiang Dacheng Food Co., Ltd.
37. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang 
Eastward Shipping Import and Export Limited Company)
38. Jinxiang Dongyun Import & Export Co., Ltd.
39. Jinxiang Fengsheng Import & Export Co., Ltd.
40. Jinxiang Grand Agricultural Co., Ltd.
41. Jinxiang Hejia Co., Ltd.
42. Jinxiang Infarm Fruits & Vegetables Co., Ltd.
43. Jinxiang Meihua Garlic Produce Co., Ltd.
44. Jinxiang Shanyang Freezing Storage Co., Ltd.
45. Jinxiang Shenglong Trade Co., Ltd.
46. Jinxiang Tianheng Trade Co., Ltd.
47. Jinxiang Tianma Freezing Storage Co., Ltd.
48. Jinxiang Xian Baishite Trade Co., Ltd. (a/k/a Jinxiang Best 
Trade Co., Ltd.)
49. Juye Homestead Fruits and Vegetables Co., Ltd.
50. Kingwin Industrial Co., Ltd.
51. Laiwu Fukai Foodstuff Co., Ltd.
52. Laiwu Jiahe Fruit and Vegatable Co., Ltd.
53. Laizhou Xubin Fruits and Vegetables
54. Linshu Dading Private Agricultural Products Co., Ltd.
55. Linyi City Hedong District Jiuli Foodstuff Co.
56. Linyi City Kangfa Foodstuff Drinkable Co., Ltd.
57. Linyi Katayama Foodstuffs Co., Ltd.
58. Linyi Tianqin Foodstuff Co., Ltd.
59. Ningjin Ruifeng Foodstuff Co., Ltd.
60. Qingdao Apex Shipping Co., Ltd.
61. Qingdao BNP Co., Ltd.
62. Qingdao Cherry Leather Garment Co., Ltd.
63. Qingdao Chongzhi International Transportation Co., Ltd.
64. Qingdao Everfresh Trading Co., Ltd.
65. Qingdao Liang He International Trade Co., Ltd.
66. Qingdao Lianghe International Trade Co., Ltd.
67. Qingdao Saturn International Trade Co., Ltd.
68. Qingdao Sino-World International Trading Co., Ltd.
69. Qingdao Winner Foods Co., Ltd.
70. Qingdao XinTian Feng Food Co., Ltd.
71. Qingdao Yuankang International
72. Qufu Dongbao Import & Export Trade Co., Ltd.
73. Rizhao Huasai Foodstuff Co., Ltd.
74. Samyoung America (Shanghai) Inc.
75. Shandong Chengshun Farm Produce Trading Co., Ltd.
76. Shandong Chenhe Intl Trading Co., Ltd.
77. Shandong China Bridge Imports
78. Shandong Dongsheng Eastsun Foods Co., Ltd.
79. Shandong Garlic Company
80. Shandong Longtai Fruits and Vegetables Co., Ltd.
81. Shandong Sanxing Food Co., Ltd.
82. Shandong Wonderland Organic Food Co., Ltd.
83. Shandong Xingda Foodstuffs Group Co., Ltd.
84. Shandong Yipin Agro (Group) Co., Ltd.
85. Shanghai Ever Rich Trade Company
86. Shanghai Goldenbridge International Co., Ltd.
87. Shanghai Great Harvest International Co., Ltd.
88. Shanghai LJ International Trading Co., Ltd.
89. Shanghai Medicines & Health Products Import/Export Co., Ltd.
90. Shanghai Yijia International Transportation Co., Ltd.
91. Shenzhen Fanhui Import & Export Co., Ltd.
92. Shenzhen Greening Trading Co., Ltd.
93. Shenzhen Xunong Trade Co., Ltd.
94. Sunny Import & Export Limited
95. Tangerine International Trading Co.
96. T&S International, LLC.
97. Taian Eastsun Foods Co., Ltd.
98. Taian Fook Huat Tong Kee Pte. Ltd.
99. Taian Solar Summit Food Co., Ltd.
100. Taiyan Ziyang Food Co., Ltd.
101. Tianjin Spiceshi Co., Ltd.
102. U.S. United Logistics (Ningbo) Inc.
103. V.T. Impex (Shandong) Limited
104. Weifang Chenglong Import & Export Co., Ltd.

[[Page 72629]]

105. Weifang He Lu Food Import & Export Co., Ltd.
106. Weifang Hong Qiao International Logistics Co., Ltd.
107. Weifang Jinbao Agricultural Equipment Co., Ltd.
108. Weifang Naike Foodstuffs Co., Ltd.
109. Weifang Shennong Foodstuff Co., Ltd.
110. Weihai Textile Group Import & Export Co., Ltd.
111. WSSF Corporation (Weifang)
112. Xiamen Huamin Import Export Company
113. Xiamen Keep Top Imp. and Exp. Co., Ltd.
114. Xinjiang Top Agricultural Products Co., Ltd.
115. XuZhou Heiners Agricultural Co., Ltd.
116. Yishui Hengshun Food Co., Ltd.
117. You Shi Li International Trading Co., Ltd.
118. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd.
119. Zhengzhou Dadi Garlic Industry Co., Ltd.
120. Zhengzhou Huachao Industrial Co., Ltd.
121. Zhengzhou Xiwannian Food Co., Ltd.
122. Zhengzhou Xuri Import & Export Co., Ltd.
123. Zhengzhou Yuanli Trading Co., Ltd.
124. Zhong Lian Farming Product (Qingdao) Co., Ltd.

Appendix III--List of Topics Discussed in the Preliminary Decision 
Memorandum

Preliminary Rescission of Review
Separate Rate Determination
Separate Rate for Non-Selected Companies
Preliminary Determination of No Shipments
PRC-Wide Entity

[FR Doc. 2014-28688 Filed 12-5-14; 8:45 am]
BILLING CODE 3510-DS-P