Fresh Garlic from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 43062-43063 [2015-17834]

Download as PDF 43062 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices (MPETAC) will meet on August 4, 2015, 9:00 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology. Open Session [FR Doc. 2015–17817 Filed 7–20–15; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE [A–570–831] 1. Opening remarks and introductions. 2. Presentation of papers and comments by the Public. 3. Discussions on results from last, and proposals from last Wassenaar meeting. 4. Report on proposed and recently issued changes to the Export Administration Regulations. 5. Other business. Fresh Garlic from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014–2015 6. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10 (a) (1) and 10 (a) (3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than July 28, 2015. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 20, 2015, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 10(d)), that the portion of the meeting dealing with matters the premature disclosure of which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a) (1) and 10(a) (3). The remaining portions of the meeting will be open to the 17:58 Jul 20, 2015 Jkt 235001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2015, the Department received a timely request for a new shipper review (NSR) from Jinxiang Huameng Imp & Exp Co. (Huameng), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). On May 22, 2015 Department issued a letter to Huameng requesting that it correct certain deficiencies in its initial request.1 On July 6, 2015, Huameng submitted a timely response to the Department’s request.2 The Department of Commerce (Department) has determined that the request for a NSR of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2014, through April 30, 2015. DATES: Effective Date: July 21, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482–4261. SUPPLEMENTARY INFORMATION: AGENCY: Closed Session asabaliauskas on DSK5VPTVN1PROD with NOTICES Dated: July 16, 2015. Yvette Springer, Committee Liaison Officer. International Trade Administration Agenda VerDate Sep<11>2014 public. For more information, call Yvette Springer at (202) 482–2813. Background The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on 1 See Letter from Mark Hoadley, ‘‘Opportunity to Correct Deficiencies,’’ dated May 22, 2015. 2 See Letter from Huameng, ‘‘Deficiency Corrections for Antidumping New Shipper Review Request filed on behalf of Jinxiang Huameng Imp & Exp Co., Ltd.,’’(Deficiency Corrections) dated July 6, 2015. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 November 16, 1994.3 On May 11, 2015, the Department received a timely request for a NSR from Huameng. Huameng certified that it is the exporter and producer of the fresh garlic upon which the request for a NSR is based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Huameng certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).4 Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Huameng certified that, since the investigation was initiated, it never has been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation.5 Further, as required by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export activities are not controlled by the central government of the PRC.6 Huameng also certified it had no subsequent shipments of subject merchandise.7 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Huameng submitted documentation establishing the following: (1) the date of its first sale to an unaffiliated customer in the United States; (2) the date on which the fresh garlic was first entered; (3) the volume of that shipment.8 The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Huameng had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Huameng in its request.9 Period of Review Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states that if the request for the review is made during the six-month period ending 3 See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 FR 59209 (November16, 1994). 4 See Huameng’s request for a NSR dated May 11, 2015, at Exhibit 2. 5 Id. 6 Id. 7 See Deficiency Corrections at page 4. 8 Id. at Exhibit 1. 9 See Memorandum to the File from Andrew Huston, ‘‘New Shipper Reviews of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China: Customs Entries from November 1, 2014, to April 30, 2015,’’ dated July 9, 2015. E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices with the end of the semiannual anniversary month, the Secretary will initiate a NSR in the calendar month immediately following the semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) states that if the NSR was initiated in the month immediately following the semiannual anniversary month, the POR will be the six-month period immediately preceding the semiannual anniversary month. Within one year of the date on which its fresh garlic was first entered, Huameng made the request for a NSR that included all documents and information required by the statute and regulations. Its request was filed in May, which is the semiannual anniversary month of the order. Therefore, the POR is November 1, 2014, through April 30, 2015.10 Huameng, the sales of which are the basis for this NSR request. Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: July 15, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–17834 Filed 7–20–15; 08:45 am] BILLING CODE 3510–DS–P asabaliauskas on DSK5VPTVN1PROD with NOTICES Initiation of New Shipper Review DEPARTMENT OF COMMERCE Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that Huameng’s request meets the threshold requirements for initiation of a NSR and, therefore, is initiating a NSR of Huameng. The Department intends to issue the preliminary results within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which we issue the preliminary results.11 It is the Department’s usual practice in cases involving non-market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company’s export activities.12 Accordingly, the Department will issue questionnaires to Huameng that include a separate rate section. The review will proceed if the responses provide sufficient indication that Huameng is not subject to either de jure or de facto government control with respect to its exports of fresh garlic. The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise from Huameng in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege will only apply to entries of subject merchandise exported and produced by International Trade Administration 10 See 19 CFR 351.214(g)(1)(i)(B). section 751(a)(2)(B)(iv) of the Act. 12 See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05– 1.pdf). 11 See VerDate Sep<11>2014 17:58 Jul 20, 2015 Jkt 235001 [A–570–945] Prestressed Concrete Steel Wire Strand From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 1, 2015, the Department of Commerce (the ‘‘Department’’) initiated the first fiveyear (‘‘sunset’’) review of the antidumping duty order on prestressed concrete steel wire strand (‘‘PC strand’’) from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ‘‘Act’’).1 As a result of this sunset review, the Department finds that revocation of the antidumping duty order on PC strand from the PRC would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: July 21, 2015. FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 1, 2015, the Department published the notice of initiation of the 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 24900 (May 1, 2015). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 43063 sunset review of the antidumping duty order on PC strand from the PRC. In accordance with 19 CFR 351.218(d)(1)(i), the Department received notices of intent to participate in these sunset reviews from Insteel Wire Products Company, Sumiden Wire Products Corporation, and WMC Steel, LLC (collectively, ‘‘Petitioners’’) within 15 days after the date of publication of the Initiation Notice and the effective date of the initiation of this sunset review.2 Petitioners claimed interested party status under section 771(9)(C) of the Act. On June 1, 2015, the Department received an adequate substantive response from Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no responses from respondent interested parties. As a result, the Department conducted an expedited (120-day) sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Analysis of Comments Received All issues raised in this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Prestressed Concrete Steel Wire Strand from the People’s Republic of China’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with, and hereby adopted by, this notice (‘‘Decision Memorandum’’). The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were to be revoked. Parties may find a complete discussion of all issues raised in the review and the corresponding recommendations in this public memorandum which is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘ACCESS’’). Access to ACCESS is available to registered users at http:// access.trade.gov and is available to all parties in the Central Records Unit, 2 See Letter to the Secretary from Petitioners, ‘‘Five-Year (‘‘Sunset’’) Review of the Antidumping Duty Order on Prestressed Concrete Steel Wire Strand From the People’s Republic of China— Notice of Intent to Participate’’ (May 15, 2015). 3 See Letter to the Secretary from Petitioners, ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on Prestressed Concrete Steel Wire Strand from the People’s Republic of China—Domestic Industry’s Substantive Response’’ (June 1, 2015). E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43062-43063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17834]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 11, 2015, the Department received a timely request for 
a new shipper review (NSR) from Jinxiang Huameng Imp & Exp Co. 
(Huameng), in accordance with section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.214(c). On May 22, 2015 
Department issued a letter to Huameng requesting that it correct 
certain deficiencies in its initial request.\1\ On July 6, 2015, 
Huameng submitted a timely response to the Department's request.\2\ The 
Department of Commerce (Department) has determined that the request for 
a NSR of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC) meets the statutory and regulatory requirements 
for initiation. The period of review (POR) is November 1, 2014, through 
April 30, 2015.
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    \1\ See Letter from Mark Hoadley, ``Opportunity to Correct 
Deficiencies,'' dated May 22, 2015.
    \2\ See Letter from Huameng, ``Deficiency Corrections for 
Antidumping New Shipper Review Request filed on behalf of Jinxiang 
Huameng Imp & Exp Co., Ltd.,''(Deficiency Corrections) dated July 6, 
2015.

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DATES: Effective Date: July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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-
4261.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994.\3\ On May 
11, 2015, the Department received a timely request for a NSR from 
Huameng. Huameng certified that it is the exporter and producer of the 
fresh garlic upon which the request for a NSR is based. Pursuant to 
section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
Huameng certified that it did not export fresh garlic for sale to the 
United States during the period of investigation (POI).\4\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Huameng certified that, since the investigation 
was initiated, it never has been affiliated with any exporter or 
producer who exported the subject merchandise to the United States 
during the POI, including those not individually examined during the 
investigation.\5\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), 
it certified that its export activities are not controlled by the 
central government of the PRC.\6\ Huameng also certified it had no 
subsequent shipments of subject merchandise.\7\
---------------------------------------------------------------------------

    \3\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November16, 1994).
    \4\ See Huameng's request for a NSR dated May 11, 2015, at 
Exhibit 2.
    \5\ Id.
    \6\ Id.
    \7\ See Deficiency Corrections at page 4.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Huameng submitted documentation establishing the 
following: (1) the date of its first sale to an unaffiliated customer 
in the United States; (2) the date on which the fresh garlic was first 
entered; (3) the volume of that shipment.\8\
---------------------------------------------------------------------------

    \8\ Id. at Exhibit 1.
---------------------------------------------------------------------------

    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that the shipment reported by 
Huameng had entered the United States for consumption and that 
liquidation had been properly suspended for antidumping duties. The 
information which the Department examined was consistent with that 
provided by Huameng in its request.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum to the File from Andrew Huston, ``New Shipper 
Reviews of the Antidumping Duty Order on Fresh Garlic from the 
People's Republic of China: Customs Entries from November 1, 2014, 
to April 30, 2015,'' dated July 9, 2015.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise was 
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the 
request for the review is made during the six-month period ending

[[Page 43063]]

with the end of the semiannual anniversary month, the Secretary will 
initiate a NSR in the calendar month immediately following the 
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) 
states that if the NSR was initiated in the month immediately following 
the semiannual anniversary month, the POR will be the six-month period 
immediately preceding the semiannual anniversary month. Within one year 
of the date on which its fresh garlic was first entered, Huameng made 
the request for a NSR that included all documents and information 
required by the statute and regulations. Its request was filed in May, 
which is the semiannual anniversary month of the order. Therefore, the 
POR is November 1, 2014, through April 30, 2015.\10\
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    \10\ See 19 CFR 351.214(g)(1)(i)(B).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that Huameng's 
request meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating a NSR of Huameng. The Department intends to 
issue the preliminary results within 180 days after the date on which 
this review is initiated and the final results within 90 days after the 
date on which we issue the preliminary results.\11\
---------------------------------------------------------------------------

    \11\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate (i.e., 
a separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\12\ 
Accordingly, the Department will issue questionnaires to Huameng that 
include a separate rate section. The review will proceed if the 
responses provide sufficient indication that Huameng is not subject to 
either de jure or de facto government control with respect to its 
exports of fresh garlic.
---------------------------------------------------------------------------

    \12\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    The Department will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for certain entries of the subject 
merchandise from Huameng in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege 
will only apply to entries of subject merchandise exported and produced 
by Huameng, the sales of which are the basis for this NSR request.
    Interested parties requiring access to proprietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: July 15, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-17834 Filed 7-20-15; 08:45 am]
 BILLING CODE 3510-DS-P