Fresh Garlic From the People's Republic of China: Final Rescission of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Kaihua Imp & Exp Co., Ltd., 60881-60882 [2015-25705]
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Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
On September 23, 2015, Petitioners 2
submitted timely requests pursuant to
International Trade Administration
section 703(c)(1)(A) of the Act and 19
CFR 351.205(e) to postpone the
3
[C–351–844, C–533–866, C–570–030, C–580– preliminary determinations. For the
reasons stated above and because there
882, C–821–823]
are no compelling reasons to deny the
Certain Cold-Rolled Steel Flat Products requests, the Department, in accordance
From Brazil, India, the People’s
with section 703(c)(1)(A) of the Act, is
Republic of China, the Republic of
postponing the deadline for the
Korea, and the Russian Federation:
preliminary determinations to no later
Postponement of Preliminary
than 120 days after the day on which
Determinations in the Countervailing
the investigation was initiated. In
Duty Investigations
accordance with section 735(a)(1) of the
Act, the deadline for the final
AGENCY: Enforcement and Compliance,
determinations of these investigations
International Trade Administration,
will continue to be 75 days after the
Department of Commerce.
date of the preliminary determinations,
unless postponed at a later date.
FOR FURTHER INFORMATION CONTACT:
This notice is issued and published
Sergio Balbontin at (202) 482–6478
pursuant to section 703(c)(2) of the Act
(Brazil); Robert Bolling at (202) 482–
and 19 CFR 351.205(f)(1).
3434 and Erin Kearney at (202) 482–
Dated: October 1, 2015.
0167 (India); Yasmin Nair at (202) 482–
Ronald K. Lorentzen,
3813 (the People’s Republic of China
and the Republic of Korea); and Kristen
Acting Assistant Secretary for Enforcement
and Compliance.
Johnson at (202) 482–4793 (the Russian
Federation), AD/CVD Operations,
[FR Doc. 2015–25706 Filed 10–7–15; 8:45 am]
Enforcement and Compliance,
BILLING CODE 3510–DS–P
International Trade Administration,
Department of Commerce, 14th Street
DEPARTMENT OF COMMERCE
and Constitution Avenue NW.,
Washington, DC 20230.
International Trade Administration
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
[A–570–831]
Background
On August 17, 2015, the Department
of Commerce (the Department) initiated
countervailing duty investigations on
certain cold-rolled steel flat products
from Brazil, India, the People’s Republic
of China, the Republic of Korea, and the
Russian Federation.1 Currently, the
preliminary determinations are due no
later than October 21, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES
Postponement of the Preliminary
Determinations
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which the Department initiated
the investigation. However, if the
petitioner makes a timely request for an
extension in accordance with 19 CFR
351.205(e), section 703(c)(1)(A) of the
Act allows the Department to postpone
the preliminary determination until no
later than 130 days after the date on
which the Department initiated the
investigation.
1 See Certain Cold-Rolled Steel Flat Products
From Brazil, India, the People’s Republic of China,
the Republic of Korea, and the Russian Federation:
Initiation of Countervailing Duty Investigations, 80
FR 51206 (August 24, 2015).
VerDate Sep<11>2014
16:41 Oct 07, 2015
Jkt 238001
Fresh Garlic From the People’s
Republic of China: Final Rescission of
the Semiannual Antidumping Duty New
Shipper Review of Jinxiang Kaihua Imp
& Exp Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review (‘‘NSR’’) 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’’). On June
5, 2015, the Department published the
preliminary results in which it found
that Kaihua’s new shipper sale is not
bona fide. As a result, we preliminarily
rescinded the NSR of Kaihua1 and we
AGENCY:
2 AK Steel Corporation, ArcelorMittal USA EEC,
Nucor Corporation, Steel Dynamics, Inc., and the
United States Steel Corporation (collectively,
Petitioners).
3 See Letters from Petitioners, entitled ‘‘ColdRolled Steel Flat Products from Brazil, India, the
People’s Republic of China, the Republic of Korea,
and the Russian Federation: Petitioners’ Request to
Extend the Countervailing Duty Preliminary
Determination,’’ dated September 23, 2015.
1 See Fresh Garlic From the People’s Republic of
China: Preliminary Intent To Rescind the New
Shipper Review of Jinxiang Kaihua Imp & Exp Co.,
Ltd., 70 FR 32092 (June 5, 2015) (Preliminary
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
60881
invited interested parties to comment.
Based on our analysis of the comments
received, we continue to find Kaihua’s
new shipper sale is not bona fide.
Consequently, the Department is
rescinding this NSR.
DATES: Effective Date: October 8, 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.
Background
On June 5, 2015, the Department
published the preliminary results of this
new shipper review.2 The review covers
the new shipper Kaihua. The period of
review (POR) is November 1, 2013,
through April 30, 2014. A summary of
the events that occurred since the
Department published the Preliminary
Results, as well as a full discussion of
the issues raised by parties for this final
determination, may be found in the
Issues and Decision Memorandum,
dated concurrently with, and hereby
adopted by, this notice.3
The Issues and Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Department’s Central
Records Unit, located in Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the Issues
and Decision Memorandum are
identical in content.
Scope of the Order
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves. The subject merchandise is
Results) and accompanying Issues and Decision
Memorandum (PDM).
2 Id.
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, regarding ‘‘Issues
and Decision Memorandum for the Final Results of
Antidumping Duty Semiannual New Shipper
Review on Fresh Garlic from the People’s Republic
of China: Jinxiang Kaihua Imp & Exp Co., Ltd.’’
issued concurrently with this notice (Issues and
Decision Memorandum).
E:\FR\FM\08OCN1.SGM
08OCN1
60882
Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Notices
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
Issues and Decision Memorandum.4
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive.
Final Rescission of New Shipper
Review
As we explain in the Issues and
Decision Memorandum and in the
proprietary Kaihua Bona Fides
Memorandum 5 issued with the
Preliminary Results, due to the totality
of circumstances, including the price,
discrepancies relating to expenses
arising from the transaction, lack of
definitive proof of payment, and pattern
of inconsistencies in Kaihua’s
submissions, we continue to find that
Kaihua’s sale is not bona fide. As a
result, we are rescinding the new
shipper review of Kaihua.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that are raised in the
briefs and addressed in the Issues and
Decision Memorandum is in the
appendix of this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
Effective upon publication of the final
rescission of the NSR of Kaihua, the
Department 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. Cash deposits will be required
for exports of subject merchandise by
Kaihua entered, or withdrawn from
warehouse, for consumption on or after
the publication date, at the PRC-wide
rate.
Assessment Instructions
As the result of this rescission of the
NSR of Kaihua, the entries of Kaihua
covered by this NSR will be assessed at
the PRC-wide rate.
4 See
the Issues and Decision Memorandum.
Memorandum to Edward Yang, Office
Director, AD/CVD Operations Office VII, ‘‘Bona
Fide Nature of the Sales in the Antidumping Duty
New Shipper Review of Fresh Garlic from the
People’s Republic of China (PRC): Jinxiang Kaihua
Imp & Exp Co., Ltd.’’ dated June 3, 2015.
5 See
VerDate Sep<11>2014
16:41 Oct 07, 2015
Jkt 238001
Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as final 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 POR.
Failure to comply with this requirement
could result in the Secretary of
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
International Trade Administration
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of business proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
We request timely written notification
of return or destruction of APO
materials or conversion to judicial
protective order. Failure to comply with
the regulations and the terms of an APO
is a sanctionable violation.
This notice is issued and published
this notice in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act
of 1930, as amended, and 19 CFR
351.214.
Dated: October 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Whether The Price Of
Kaihua’s Garlic Was Bona Fide
Comment 2: Whether The Comparison Of
Single-Clove Garlic With Multi-Clove
Garlic Comports With Recent Decisions
Comment 3: Whether CBP Data Contains
Errors
Comment 4: Whether Kaihua Reported
Accurate And Actual Expense And
Accounting Data
Comment 5: Whether Kaihua Provided
Proof Of Payment
Comment 6: Whether There Is A Pattern Of
Inconsistencies With Kaihua’s
Submissions
5. Recommendation
[FR Doc. 2015–25705 Filed 10–7–15; 8:45 am]
BILLING CODE 3510–DS–P
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Fmt 4703
Sfmt 4703
[A–570–981]
Utility Scale Wind Towers From the
People’s Republic of China: Notice of
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is rescinding its
administrative review of utility scale
wind towers (‘‘wind towers’’) from the
People’s Republic of China (‘‘PRC’’) for
the period February 1, 2014 through
January 31, 2015 (‘‘POR’’), based on the
withdrawal of request for review.
DATES: Effective Date: October 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2923.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 2, 2015, the Department
published the notice of opportunity to
request an administrative review of the
antidumping duty order on wind towers
from the PRC for the POR.1 On February
25, 2015, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the ‘‘Act’’), and 19 CFR
351.213(b), the Department received a
timely request from the Wind Tower
Trade Coalition (‘‘Petitioner’’) to
conduct an administrative review.2
Pursuant to this request and in
accordance with 19 CFR
351.221(c)(1)(i), on April 3, 2015, the
Department published a notice of
initiation of an administrative review of
the antidumping duty order on wind
towers from the PRC.3 On July 1, 2015,
Petitioner withdrew its request for an
administrative review.4
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 5509
(February 2, 2015).
2 See Letter from Petitioner, ‘‘Utility Scale Wind
Towers from the People’s Republic of China:
Request for Administrative Review,’’ dated
February 25, 2015.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2014) (‘‘Initiation Notice’’).
4 See Letter from Petitioner, ‘‘Utility Scale Wind
Towers from the People’s Republic of China:
Withdrawal of Request for Administrative Review,’’
dated July 1, 2015.
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60881-60882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25705]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final
Rescission of the Semiannual Antidumping Duty 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 (``NSR'') 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''). On June 5, 2015, the
Department published the preliminary results in which it found that
Kaihua's new shipper sale is not bona fide. As a result, we
preliminarily rescinded the NSR of Kaihua\1\ and we invited interested
parties to comment. Based on our analysis of the comments received, we
continue to find Kaihua's new shipper sale is not bona fide.
Consequently, the Department is rescinding this NSR.
---------------------------------------------------------------------------
\1\ See Fresh Garlic From the People's Republic of China:
Preliminary Intent To Rescind the New Shipper Review of Jinxiang
Kaihua Imp & Exp Co., Ltd., 70 FR 32092 (June 5, 2015) (Preliminary
Results) and accompanying Issues and Decision Memorandum (PDM).
---------------------------------------------------------------------------
DATES: Effective Date: October 8, 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.
Background
On June 5, 2015, the Department published the preliminary results
of this new shipper review.\2\ The review covers the new shipper
Kaihua. The period of review (POR) is November 1, 2013, through April
30, 2014. A summary of the events that occurred since the Department
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for this final determination, may be found in
the Issues and Decision Memorandum, dated concurrently with, and hereby
adopted by, this notice.\3\
---------------------------------------------------------------------------
\2\ Id.
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, regarding ``Issues and Decision Memorandum for the Final
Results of Antidumping Duty Semiannual New Shipper Review on Fresh
Garlic from the People's Republic of China: Jinxiang Kaihua Imp &
Exp Co., Ltd.'' issued concurrently with this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://iaaccess.trade.gov,
and is available to all parties in the Department's Central Records
Unit, located in Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be found at https://enforcement.trade.gov/frn/. The
signed and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves. The subject
merchandise is
[[Page 60882]]
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 Issues and Decision Memorandum.\4\ Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description is dispositive.
---------------------------------------------------------------------------
\4\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Rescission of New Shipper Review
As we explain in the Issues and Decision Memorandum and in the
proprietary Kaihua Bona Fides Memorandum \5\ issued with the
Preliminary Results, due to the totality of circumstances, including
the price, discrepancies relating to expenses arising from the
transaction, lack of definitive proof of payment, and pattern of
inconsistencies in Kaihua's submissions, we continue to find that
Kaihua's sale is not bona fide. As a result, we are rescinding the new
shipper review of Kaihua.
---------------------------------------------------------------------------
\5\ See Memorandum to Edward Yang, Office Director, AD/CVD
Operations Office VII, ``Bona Fide Nature of the Sales in the
Antidumping Duty New Shipper Review of Fresh Garlic from the
People's Republic of China (PRC): Jinxiang Kaihua Imp & Exp Co.,
Ltd.'' dated June 3, 2015.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that are
raised in the briefs and addressed in the Issues and Decision
Memorandum is in the appendix of this notice.
Cash Deposit Requirements
Effective upon publication of the final rescission of the NSR of
Kaihua, the Department 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. Cash deposits will be required for
exports of subject merchandise by Kaihua entered, or withdrawn from
warehouse, for consumption on or after the publication date, at the
PRC-wide rate.
Assessment Instructions
As the result of this rescission of the NSR of Kaihua, the entries
of Kaihua covered by this NSR will be assessed at the PRC-wide rate.
Notification to Importers
This notice serves as final 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 POR. Failure to comply with this
requirement could result in the Secretary of Commerce's presumption
that reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of business proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We
request timely written notification of return or destruction of APO
materials or conversion to judicial protective order. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
This notice is issued and published this notice in accordance with
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended,
and 19 CFR 351.214.
Dated: October 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment 1: Whether The Price Of Kaihua's Garlic Was Bona Fide
Comment 2: Whether The Comparison Of Single-Clove Garlic With
Multi-Clove Garlic Comports With Recent Decisions
Comment 3: Whether CBP Data Contains Errors
Comment 4: Whether Kaihua Reported Accurate And Actual Expense
And Accounting Data
Comment 5: Whether Kaihua Provided Proof Of Payment
Comment 6: Whether There Is A Pattern Of Inconsistencies With
Kaihua's Submissions
5. Recommendation
[FR Doc. 2015-25705 Filed 10-7-15; 8:45 am]
BILLING CODE 3510-DS-P
