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]

Download as PDF 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 http:// 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 PO 00000 Frm 00011 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]


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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 http://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