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]

Download as PDF 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]


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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.
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    \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).

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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.
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    \3\ See Preliminary Results.
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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.
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    \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.
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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