Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp Co., Ltd., 32092-32093 [2015-13805]
Download as PDF
<![CDATA[
32092
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Borusan and
Toscelik will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for other manufacturers and
exporters covered in a prior segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 14.74
percent, the all-others rate established
in the LTFV investigation.14 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers
This notice also 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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
VerDate Sep<11>2014
18:31 Jun 04, 2015
Jkt 235001
Scope of the Order
International Trade Administration
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves.3 The subject merchandise is
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700, and
2005.99.9700. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive.
[A–570–831]
Methodology
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2015–13807 Filed 6–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Fresh Garlic From the People’s
Republic of China: Preliminary Intent
To Rescind the New Shipper Review of
Jinxiang Kaihua Imp & Exp Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review of Jinxiang Kaihua Imp
& Exp Co., Ltd. (Kaihua) regarding the
antidumping duty order on fresh garlic
from the People’s Republic of China
(‘‘the PRC’’). The period of review
(‘‘POR’’) is November 1, 2013 through
April 30, 2014. The Department has
preliminarily determined that Kaihua’s
new shipper sale is not bona fide.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Milton Koch, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2584.
SUPPLEMENTARY INFORMATION:
Background
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
14 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
30, 2014.1 On December 15, 2014, the
Department extended the deadline for
the preliminary results to June 3, 2015.2
On August 7, 2014, the Department
published notice of initiation of a new
shipper review of fresh garlic from the
People’s Republic of China for the
period November 1, 2013 through April
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
The Department is conducting this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.214. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s centralized electronic
service system (‘‘ACCESS’’). ACCESS is
available to registered users at https://
access.trade.gov and in the
Department’s Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
1 See Fresh Garlic from the People’s Republic of
China: Initiation of Antidumping Duty New Shipper
Review; 2013–2014, 79 FR 46250 (August 7, 2014).
2 See the Department Memorandum ‘‘Fresh Garlic
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Antidumping
Duty New Shipper Review,’’ dated December 12,
2014.
3 See the Department Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
Antidumping Duty New Shipper Review of Fresh
Garlic from the People’s Republic of China: Jinxiang
Kaihua Imp & Exp Co., Ltd.’’ dated concurrently
with and hereby adopted by this notice
(Preliminary Decision Memorandum), for a
complete description of the Scope of the Order.
E:\FR\FM\05JNN1.SGM
05JNN1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices
Preliminary Rescission of Kaihua
For the reasons detailed in the
Preliminary Decision Memorandum, the
Department preliminarily finds that
Kaihua’s sale under review is not bona
fide, and therefore, does not provide a
reasonable or reliable basis for
calculating a dumping margin. The
Department reached this conclusion
based on the totality of the
circumstances, including: (a) The
atypical nature of Kaihua’s price; (b)
Kaihua’s failure to demonstrate that it
received payment for the sale; and (c)
the atypical circumstances surrounding
the sale. As result, the Department is
preliminarily rescinding the new
shipper review of Kaihua.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department will disclose the
analysis performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments by no later
than 30 days after the date of
publication of these preliminary results
of review.4 Rebuttals, limited to issues
raised in the written comments, may be
filed by no later than five days after the
written comments are filed.5
Any interested party may request a
hearing within 30 days of publication of
this notice.6 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 briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.7
The Department intends to issue the
final results of this new shipper review,
which will include the results of its
analysis of issues raised in any such
comments, within 90 days of
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of
the Act.
Assessment Rates
Upon completion of the final results,
pursuant to 19 CFR 351.212(b), the
Department will determine, and the U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If we proceed to a
4 See
19 CFR 351.309(c).
19 CFR 351.309(d).
6 See 19 CFR 351.310(c).
7 See 19 CFR 351.310(d).
final rescission of the new shipper
review, Kaihua’s entries will be assessed
at the rate entered.8 If we do not proceed
to a final rescission of the new shipper
review, pursuant to 19 CFR
351.212(b)(1), we will calculate
importer-specific assessment rates. We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review if any importer-specific
assessment rate calculated in the final
results of this review is above de
minimis.9
Although the Department intends to
rescind the new shipper review for
Kaihua, the Department is currently
conducting an administrative review for
the POR November 1, 2013, through
October 31, 2014, which could include
the entries subject to this new shipper
review. Accordingly, we will instruct
CBP to continue to suspend entries
during the period November 1, 2013,
through October 31, 2014, of subject
merchandise exported by Kaihua until
CBP receives instructions relating to the
administrative review covering the
period November 1, 2013, through
October 31, 2014.
Cash Deposit Requirements
Effective upon publication of the final
rescission or the final results of this
NSR, we will instruct CBP to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise by
Kaihua. If the Department proceeds to a
final rescission of the new shipper
review, the cash deposit rate will
continue to be the PRC-wide rate. If we
issue final results of the new shipper
review for Kaihua, we will instruct CBP
to collect cash deposits, effective upon
the publication of the final results, at
the rates established therein.
Notification to Importers
This notice also 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.
The Department is issuing and
publishing these results in accordance
with sections 751(a)(2)(B) and 777(i)(1)
of the Act and 19 CFR 351.214 and
351.221(b)(4).
5 See
VerDate Sep<11>2014
18:31 Jun 04, 2015
8 See
9 See
Jkt 235001
PO 00000
19 CFR 351.212(c).
19 CFR 351.106(c)(2).
Frm 00012
Fmt 4703
Sfmt 4703
32093
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2015–13805 Filed 6–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD947
International Trade Data System Test
Concerning the Electronic Submission
of Certain Data Required for Imports
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS announces a pilot test
of the International Trade Data System
(ITDS) involving the electronic
submission of forms and/or data, related
to importations of fish products
regulated by NMFS, using the Partner
Government Agency (PGA) Message Set
and Document Imaging System (DIS)
components of the Automated
Commercial Environment (ACE). The
U.S. Customs and Border Protection
(CBP) and NMFS have developed a pilot
plan to test and assess the electronic
transmission of import data for tuna,
swordfish and toothfish.
The pilot test will involve using the
ACE, the NMFS PGA Message Set, the
DIS and the Automated Broker Interface
(ABI) to transmit the data required for
admissibility determinations for entries
of tuna, swordfish and toothfish. ABI is
the electronic data interchange that
enables participants to file
electronically required import data with
CBP and transfers that data into ACE.
Initially, under this test, NMFS PGA
Message Set data may be submitted only
for formal and informal consumption
entries (entry types 01 and 11), filed at
certain ports.
DATES: The test will commence after
July 1, 2015 and will continue until
concluded by publication of a notice in
the Federal Register ending the test.
Participants should consult the
following Web site to determine which
ports are operational for the test and the
SUMMARY:
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32092-32093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13805]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp
Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review of Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua)
regarding the antidumping duty order on fresh garlic from the People's
Republic of China (``the PRC''). The period of review (``POR'') is
November 1, 2013 through April 30, 2014. The Department has
preliminarily determined that Kaihua's new shipper sale is not bona
fide. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT: Milton Koch, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2584.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2014, the Department published notice of initiation of
a new shipper review of fresh garlic from the People's Republic of
China for the period November 1, 2013 through April 30, 2014.\1\ On
December 15, 2014, the Department extended the deadline for the
preliminary results to June 3, 2015.\2\
---------------------------------------------------------------------------
\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review; 2013-2014, 79 FR
46250 (August 7, 2014).
\2\ See the Department Memorandum ``Fresh Garlic from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty New Shipper Review,'' dated December 12,
2014.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves.\3\ The subject
merchandise is currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000,
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, and 2005.99.9700. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written product description is dispositive.
---------------------------------------------------------------------------
\3\ See the Department Memorandum, ``Decision Memorandum for the
Preliminary Results of the Antidumping Duty New Shipper Review of
Fresh Garlic from the People's Republic of China: Jinxiang Kaihua
Imp & Exp Co., Ltd.'' dated concurrently with and hereby adopted by
this notice (Preliminary Decision Memorandum), for a complete
description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and
19 CFR 351.214. For a full description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's centralized
electronic service system (``ACCESS''). ACCESS is available to
registered users at https://access.trade.gov and in the Department's
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
[[Page 32093]]
Preliminary Rescission of Kaihua
For the reasons detailed in the Preliminary Decision Memorandum,
the Department preliminarily finds that Kaihua's sale under review is
not bona fide, and therefore, does not provide a reasonable or reliable
basis for calculating a dumping margin. The Department reached this
conclusion based on the totality of the circumstances, including: (a)
The atypical nature of Kaihua's price; (b) Kaihua's failure to
demonstrate that it received payment for the sale; and (c) the atypical
circumstances surrounding the sale. As result, the Department is
preliminarily rescinding the new shipper review of Kaihua.
Disclosure and Public Comment
The Department will disclose the analysis performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments by no later than 30 days
after the date of publication of these preliminary results of
review.\4\ Rebuttals, limited to issues raised in the written comments,
may be filed by no later than five days after the written comments are
filed.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(c).
\5\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\6\ 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 briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\7\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this new
shipper review, which will include the results of its analysis of
issues raised in any such comments, within 90 days of publication of
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR
351.212(b), the Department will determine, and the U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries. If we proceed to a final rescission of the new
shipper review, Kaihua's entries will be assessed at the rate
entered.\8\ If we do not proceed to a final rescission of the new
shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific assessment rates. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any importer-specific assessment rate calculated in the final results
of this review is above de minimis.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(c).
\9\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Although the Department intends to rescind the new shipper review
for Kaihua, the Department is currently conducting an administrative
review for the POR November 1, 2013, through October 31, 2014, which
could include the entries subject to this new shipper review.
Accordingly, we will instruct CBP to continue to suspend entries during
the period November 1, 2013, through October 31, 2014, of subject
merchandise exported by Kaihua until CBP receives instructions relating
to the administrative review covering the period November 1, 2013,
through October 31, 2014.
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of this NSR, we will instruct CBP to discontinue the option of
posting a bond or security in lieu of a cash deposit for entries of
subject merchandise by Kaihua. If the Department proceeds to a final
rescission of the new shipper review, the cash deposit rate will
continue to be the PRC-wide rate. If we issue final results of the new
shipper review for Kaihua, we will instruct CBP to collect cash
deposits, effective upon the publication of the final results, at the
rates established therein.
Notification to Importers
This notice also 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.
The Department is issuing and publishing these results in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19
CFR 351.214 and 351.221(b)(4).
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
AppendixList of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2015-13805 Filed 6-4-15; 8:45 am]
BILLING CODE 3510-DS-P
