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
<![CDATA[
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. (https://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 https://
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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.214(g)(1)(i)(B).
---------------------------------------------------------------------------
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.
(https://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------
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
