Fresh Garlic From the People's Republic of China: Final Results of the Changed Circumstances Review of Lanling Qingshui Vegetable Foods Co., Ltd., 38667-38668 [2015-16644]
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
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.11 The Department intends to
issue assessment instructions to CBP 15
days after the publication of the final
results of this review. For each
individually-examined respondent in
this review (i.e., CPZ/SGBC) which has
a weighted-average dumping margin
which is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those sales, in accordance with
19 CFR 351.212(b)(1).12 Where either
the respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer-specific ad valorem
dumping margin is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the
dumping margin assigned to the nonexamined separate-rate companies in
the 2012–2013 administrative review of
TRBs from the PRC.13
For the final results, if we continue to
treat Yantai CMC as part of the PRCwide entity, we will instruct CBP to
apply an ad valorem assessment rate of
92.84 percent to all entries of subject
merchandise during the POR which
were exported by Yantai CMC.
For entries that were not reported in
the U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
11 See
19 CFR 351.212(b)(1).
these preliminary results, the Department
applied the assessment rate calculation method
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). The Department will limit the
application of this assessment rate to CPZ/SKF’s
entries of subject merchandise because SGBC’s
entries were not subject to the antidumping duty
order on TRBs during the POR. For further
discussion, see the Preliminary Decision
Memorandum.
13 See ‘‘Rate for Non-Examined Companies Which
Are Eligible for a Separate Rate’’ section, above.
tkelley on DSK3SPTVN1PROD with NOTICES
12 In
VerDate Sep<11>2014
20:31 Jul 06, 2015
Jkt 235001
exporter’s rate) will be liquidated at the
PRC-wide rate.14
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above which have a
separate rate, the cash deposit rate will
be the rate established in the final
results of this review (except, if the rate
is zero or de minimis, then a cash
deposit rate of zero will be established
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 recently
completed segment of this proceeding;
(3) for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the PRCwide entity, 92.84 percent; 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(s) that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
38667
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Country
b. Separate Rates
c. Separate Rate for Non-Selected
Companies
d. Collapsing of CPZ With Another
Producer of TRBs
e. Surrogate Country
f. Date of Sale
g. Normal Value Comparisons
5. Conclusion
[FR Doc. 2015–16647 Filed 7–6–15; 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: Final Results of the
Changed Circumstances Review of
Lanling Qingshui Vegetable Foods Co.,
Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 23, 2015, the
Department of Commerce (Department)
published a notice of preliminary
results of a changed circumstance
review (CCR) of the antidumping duty
(AD) order on fresh garlic from the
People’s Republic of China (PRC) 1 in
response to a request from Lanling
Qingshui Vegetable Foods Co., Ltd.
(Qingshui), a producer/exporter of fresh
and peeled garlic from the PRC.2
Pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.216, the Department
preliminarily determined that Qingshui
is the successor-in-interest to Cangshan
Qingshui Vegetable Foods Co., Ltd.
(Cangshan Qingshui) for purposes of the
AD order on fresh garlic from the PRC,
and, as such, is entitled to Cangshan
Qingshui’s cash deposit rate with
respect to entries of subject
merchandise. We invited interested
parties to comment on the Preliminary
AGENCY:
1 See Antidumping Duty Order: Fresh Garlic from
the People’s Republic of China, 59 FR 59209
(November 16, 1994) (Order).
2 See Fresh Garlic from the People’s Republic of
China: Preliminary Results of the Changed
Circumstances Review of Lanling Qingshui
Vegetable Foods Co., Ltd., 80 FR 15192 (March 23,
2015) (Preliminary Results).
E:\FR\FM\07JYN1.SGM
07JYN1
38668
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Results. As no parties submitted
comments or requested a hearing, the
Department continues to find that
Qingshui is the successor-in-interest to
Cangshan Qingshui for these final
results.
DATES: Effective Date: July 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Hilary E. Sadler, Esq., AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4340.
SUPPLEMENTARY INFORMATION:
Background
Based on a request from Qingshui, the
Department initiated a CCR on Qingshui
to determine whether it is the successorin-interest to Cangshan Qingshui, for
purposes of determining antidumping
duties due as a result of the Order. The
Department preliminarily determined
that Qingshui is the successor-ininterest to Cangshan Qingshui and is
entitled to its cash deposit rate with
respect to entries of merchandise subject
to the AD order on fresh garlic from the
PRC.3 The Department provided
interested parties 30 days from the date
of publication of the preliminary results
to submit comments or request a public
hearing in accordance with 19 CFR
351.309(c)(1)(ii). No parties submitted
comments or requests for a public
hearing.
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The products covered by the order are
all grades of garlic, whole or separated
into constituent cloves, whether or not
peeled, fresh, chilled, frozen, water or
other neutral substance, but not
prepared or preserved by the addition of
other ingredients or heat processing.
The differences between grades are
based on color, size, sheathing, and
level of decay. The scope of the order
does not include the following: (a)
Garlic that has been mechanically
harvested and that is primarily, but not
exclusively, destined for non-fresh use;
or (b) garlic that has been specially
prepared and cultivated prior to
planting and then harvested and
otherwise prepared for use as seed. The
subject merchandise is used principally
as a food product and for seasoning. The
subject garlic is currently classifiable
under subheadings: 0703.20.0000,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
3 See
Preliminary Results.
VerDate Sep<11>2014
20:31 Jul 06, 2015
Jkt 235001
2005.90.9500, 2005.90.9700,
2005.99.9700, and of the Harmonized
Tariff Schedule of the United States
(HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive. In
order to be excluded from the order,
garlic entered under the HTSUS
subheadings listed above that is (1)
mechanically harvested and primarily,
but not exclusively, destined for nonfresh use or (2) specially prepared and
cultivated prior to planting and then
harvested and otherwise prepared for
use as seed must be accompanied by
declarations to U.S. Customs and Border
Protection to that effect.
Final Results of Changed
Circumstances Review
Instructions to U.S. Customs and
Border Protection
As a result of this determination, the
Department finds that Qingshui is
entitled to the cash deposit rate
previously assigned to Cangshan
Qingshui as determined in the new
shipper review of Cangshan Qingshui.4
Consequently, the Department will
instruct U.S. Customs and Border
Protection to collect estimated
antidumping duties for all shipments of
subject merchandise produced and/or
exported by Qingshui, and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at $3.06 per kilogram, which is
the current antidumping duty cash
deposit rate for Cangshan Qingshui.5
This cash deposit requirement shall
remain in effect until further notice.
Notification to Parties
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
4 See 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) with accompanying issues and
decision memorandum (NSR).
5 See id.
Frm 00008
Fmt 4703
Sfmt 4703
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–16644 Filed 7–6–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Because no party submitted
comments opposing the Department’s
Preliminary Results, and the record
contains no other information or
evidence that calls into question the
Preliminary Results, the Department
determines that Qingshui is the
successor-in-interest to Cangshan
Qingshui.
PO 00000
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing these
final results in accordance with sections
751(b)(1) and 777(i) of the Act, and 19
CFR 351.216.
National Institute of Standards and
Technology
[Docket Number: 150414364–5364–01]
National Institute of Standards and
Technology Plan for Providing Public
Access to the Results of Federally
Funded Research
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; request for public
comment.
AGENCY:
The National Institute of
Standards and Technology (NIST) seeks
comments on the NIST Plan for
Providing Public Access to the Results of
Federally Funded Research (NIST
Public Access Plan). NIST is taking
steps to make its scientific data and
publications more readily available and
accessible by the public, as directed in
several recent White House memoranda.
The NIST Public Access Plan applies to
the results of research funded wholly or
in part by NIST, presented in peerreviewed scholarly publications and as
research data. This document outlines
NIST’s plan for implementing new
responsibilities and procedures to
manage the public access of scientific
data and publications. The NIST Public
Access Plan was reviewed by the Office
of Science and Technology Policy and
the Office of Management and Budget;
they approved it on December 4, 2014.
Comments received on the NIST Public
Access Plan will inform NIST as it
revises its directives that implement the
Plan.
DATES: Comments must be received by
11:59 p.m. Eastern Time on August 21,
2015 to be considered.
SUMMARY:
E:\FR\FM\07JYN1.SGM
07JYN1
]]>Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38667-38668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16644]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
of the Changed Circumstances Review of Lanling Qingshui Vegetable Foods
Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 23, 2015, the Department of Commerce (Department)
published a notice of preliminary results of a changed circumstance
review (CCR) of the antidumping duty (AD) order on fresh garlic from
the People's Republic of China (PRC) \1\ in response to a request from
Lanling Qingshui Vegetable Foods Co., Ltd. (Qingshui), a producer/
exporter of fresh and peeled garlic from the PRC.\2\ Pursuant to
section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.216, the Department preliminarily determined that Qingshui is
the successor-in-interest to Cangshan Qingshui Vegetable Foods Co.,
Ltd. (Cangshan Qingshui) for purposes of the AD order on fresh garlic
from the PRC, and, as such, is entitled to Cangshan Qingshui's cash
deposit rate with respect to entries of subject merchandise. We invited
interested parties to comment on the Preliminary
[[Page 38668]]
Results. As no parties submitted comments or requested a hearing, the
Department continues to find that Qingshui is the successor-in-interest
to Cangshan Qingshui for these final results.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
\2\ See Fresh Garlic from the People's Republic of China:
Preliminary Results of the Changed Circumstances Review of Lanling
Qingshui Vegetable Foods Co., Ltd., 80 FR 15192 (March 23, 2015)
(Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: July 7, 2015.
FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4340.
SUPPLEMENTARY INFORMATION:
Background
Based on a request from Qingshui, the Department initiated a CCR on
Qingshui to determine whether it is the successor-in-interest to
Cangshan Qingshui, for purposes of determining antidumping duties due
as a result of the Order. The Department preliminarily determined that
Qingshui is the successor-in-interest to Cangshan Qingshui and is
entitled to its cash deposit rate with respect to entries of
merchandise subject to the AD order on fresh garlic from the PRC.\3\
The Department provided interested parties 30 days from the date of
publication of the preliminary results to submit comments or request a
public hearing in accordance with 19 CFR 351.309(c)(1)(ii). No parties
submitted comments or requests for a public hearing.
---------------------------------------------------------------------------
\3\ See Preliminary Results.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are all grades of garlic, whole
or separated into constituent cloves, whether or not peeled, fresh,
chilled, frozen, water or other neutral substance, but not prepared or
preserved by the addition of other ingredients or heat processing. The
differences between grades are based on color, size, sheathing, and
level of decay. The scope of the order does not include the following:
(a) Garlic that has been mechanically harvested and that is primarily,
but not exclusively, destined for non-fresh use; or (b) garlic that has
been specially prepared and cultivated prior to planting and then
harvested and otherwise prepared for use as seed. The subject
merchandise is used principally as a food product and for seasoning.
The subject garlic is currently classifiable under subheadings:
0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of
the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive. In order to be excluded from the order, garlic entered
under the HTSUS subheadings listed above that is (1) mechanically
harvested and primarily, but not exclusively, destined for non-fresh
use or (2) specially prepared and cultivated prior to planting and then
harvested and otherwise prepared for use as seed must be accompanied by
declarations to U.S. Customs and Border Protection to that effect.
Final Results of Changed Circumstances Review
Because no party submitted comments opposing the Department's
Preliminary Results, and the record contains no other information or
evidence that calls into question the Preliminary Results, the
Department determines that Qingshui is the successor-in-interest to
Cangshan Qingshui.
Instructions to U.S. Customs and Border Protection
As a result of this determination, the Department finds that
Qingshui is entitled to the cash deposit rate previously assigned to
Cangshan Qingshui as determined in the new shipper review of Cangshan
Qingshui.\4\ Consequently, the Department will instruct U.S. Customs
and Border Protection to collect estimated antidumping duties for all
shipments of subject merchandise produced and/or exported by Qingshui,
and entered, or withdrawn from warehouse, for consumption on or after
the publication date of this notice in the Federal Register at $3.06
per kilogram, which is the current antidumping duty cash deposit rate
for Cangshan Qingshui.\5\ This cash deposit requirement shall remain in
effect until further notice.
---------------------------------------------------------------------------
\4\ See 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) with
accompanying issues and decision memorandum (NSR).
\5\ See id.
---------------------------------------------------------------------------
Notification to Parties
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results in accordance
with sections 751(b)(1) and 777(i) of the Act, and 19 CFR 351.216.
Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-16644 Filed 7-6-15; 8:45 am]
BILLING CODE 3510-DS-P
