Fresh Garlic From the People's Republic of China: Preliminary Results of the Nineteenth Antidumping Duty Administrative Review; 2012-2013, 72625-72629 [2014-28688]
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Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Notices
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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
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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).
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[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).
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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.
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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.
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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 https://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 https://
trade.gov/enforcement/frn/.
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 https://
iaaccess.trade.gov to https://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
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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.’’
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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
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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.
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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).
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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
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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.
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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.
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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 https://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 https://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 https://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: https://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 https://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 https://trade.gov/enforcement/frn/. 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 https://iaaccess.trade.gov to https://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
