Fresh Garlic From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, and Partial Rescission of the 20th Antidumping Duty Administrative Review; 2013-2014, 75972-75975 [2015-30791]
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content. The issues discussed in the
Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of a countervailable
subsidy, the net countervailable subsidy
rate likely to prevail if the CVD Order
were revoked, and the nature of the
subsidies.
Final Results of Sunset Review
Pursuant to sections 752(b)(1) and (3)
of the Act, we determine that revocation
of the CVD Order on MCBs from the
PRC would be likely to lead to
continuation or recurrence of a net
countervailable subsidy at the rates
listed below:
Net
countervailable
subsidy
(percent)
Manufacturers/exporters/producers
RHI Refractories Liaoning Co., Ltd. (RHIL), RHI Refractories (Dalian) Co., Ltd. (RHID) and Liaoning RHI Jinding Magnesia
Co., Ltd. (RHIJ) (collectively, RHI) ...............................................................................................................................................
Liaoning Mayerton Refractories (LMR) and Dalian Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton) ....................
All Others .........................................................................................................................................................................................
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
The Department is issuing and
publishing these final results and this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: December 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–30794 Filed 12–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary
Results, Preliminary Intent To Rescind,
and Partial Rescission of the 20th
Antidumping Duty Administrative
Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The Department of Commerce
(Department) is conducting the 20th
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) covering the period of review
(POR) November 1, 2013, through
October 31, 2014.1 This review covers
161 manufacturers/exporters of subject
merchandise.2 We preliminarily find
that mandatory respondent Shenzhen
Xinboda Industrial Co., Ltd. (Xinboda)
made sales of subject merchandise at
less than normal value (NV). In
addition, the Department preliminarily
finds that the other mandatory
respondents, Hebei Golden Bird Trading
Co., Ltd. (Golden Bird) and Qingdao
Tiantaixing Foods Co., Ltd. (QTF), are
part of the PRC-wide entity. We invite
interested parties to comment on these
preliminary results.
DATES: Effective date: December 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith or Alexander
Cipolla, 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)
482–5255 or (202) 482–4956.
SUMMARY:
Scope of the Order
The merchandise covered by the order
includes all grades of garlic, whole or
separated into constituent cloves. Fresh
garlic that are subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
76956 (December 23, 2014) (Initiation Notice).
2 Id. at 79 FR 76956, 76958–76961.
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24.24
United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive. For a
full description of the scope of this
order, please see ‘‘III. Scope of the
Order’’ in the accompanying
Preliminary Decision Memorandum.3
Partial Rescission of Administrative
Review and Preliminary Intent To
Rescind the Review
On December 23, 2014, the
Department initiated a review of 161
companies in this proceeding.4 Between
January 16 and March 17, 2015,
withdrawal requests were timely filed
for 81 companies.5 The Department is,
therefore, partially rescinding this
review with respect to the companies
listed in Appendix I, in accordance with
19 CFR 351.213(d)(1). In addition, we
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Results of the
2013–2014 Antidumping Duty Administrative
Review: Fresh Garlic from the People’s Republic of
China’’ (dated concurrently with this notice)
(Preliminary Decision Memorandum).
4 Id.
5 See letter from Petitioners, ‘‘20th Administrative
Review of the Antidumping Duty Order on Fresh
Garlic from the People’s Republic of China—
Petitioners’ Withdrawal of Certain Requests for
Administrative Review,’’ at 2–4 (January 16, 2015);
letter from El Bosque Garlic Farm, ‘‘Fresh Garlic
from the People’s Republic of China—Withdrawal
of Review Request in 20th Administrative Review
filed on behalf of El Bosque Garlic Farm,’’ at 1
(March 17, 2015); and letter from Zhengzhou
Harmoni Spice Co., Ltd., ‘‘Harmoni Withdrawal of
Review Request: Twentieth Administrative Review
of the Antidumping Duty Order on Fresh Garlic
from the People’s Republic of China (A–570–831),’’
at 1 (January 16, 2015).
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
preliminarily intend to rescind this
administrative review with respect to
Jinxiang Kaihua Imp & Exp Co. Ltd.
(Kaihua), because we found its POR
sales to not be bona fide in the
concurrent new shipper review.6
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export prices were
calculated in accordance with section
772(a) of the Act. Because the PRC is a
nonmarket economy within the meaning
of section 771(18) of the Act, NV has
been calculated in accordance with
section 773(c). We relied, in part, on the
facts available, with adverse inferences,
for our preliminary determination, in
accordance with section 776 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.7 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
(i.e., $4.71/kg) is not subject to change.
Aside from the no shipments companies
discussed below, and the companies for
which the review is being rescinded, the
Department considers all other
companies for which a review was
requested and which did not
preliminarily qualify for a separate rate
to be part of the PRC-wide entity. For
additional information, see the
Preliminary Decision Memorandum.
Preliminary Determination of Separate
Rates for Non-Selected Companies
In accordance with section
777A(c)(2)(B) of the Act, the Department
employed a limited examination
methodology, as it determined that it
would not be practicable to examine
individually all companies for which a
review request was made. There were 12
exporters of subject merchandise from
the PRC that have demonstrated their
eligibility for a separate rate but were
not selected for individual examination
in this review. These 12 exporters are
listed in Appendix II.
Neither the Act nor the Department’s
regulations address the establishment of
the rate applied to individual
companies not selected for examination
where the Department limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. The Department’s practice in cases
involving limited selection based on
exporters accounting for the largest
volumes of trade has been to look to
section 735(c)(5) of the Act for guidance,
which provides instructions for
calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the
Act instructs the Department to use
rates established for individually
investigated producers and exporters,
excluding any rates that are zero, de
minimis, or based entirely on facts
available in investigations. In this
review, we calculated a preliminary
weighted-average dumping margin for
Xinboda, while Golden Bird and QTF
were considered part of the PRC-wide
entity based on the application of total
facts available with adverse inferences.
Therefore for the preliminary results,
the Department has preliminarily
determined to assign the non-selected
separate rate companies Xinboda’s rate.
Preliminary Determination of No
Shipments
The companies listed in Appendix III
timely filed ‘‘no shipment’’
certifications stating that they had no
entries of subject merchandise during
the POR. Consistent with its practice,
the Department asked CBP to conduct a
query of potential shipments made by
these companies. CBP did not provide
evidence that contradicted the parties’
no shipment claims. Based on the
certifications by these companies and
our analysis of CBP information, we
preliminarily determine that the
companies listed in Appendix III did
not have any reviewable transactions
during the POR. In addition, the
Department finds that consistent with
its refinement to its assessment practice
in non-market economy (NME) cases,
further discussed below, it is
appropriate not to rescind the review in
part in these circumstances but to
complete the review with respect to
these 10 companies and issue
appropriate instructions to CBP based
on the final results of the review.8
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period November 1, 2013, through
October 31, 2014:
Weightedaverage
margin
(dollars per
kilogram)
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Exporter
Shenzhen Xinboda Industrial Co., Ltd .....................................................................................................................................................
Jinan Farmlady Trading Co., Ltd .............................................................................................................................................................
Jining Maycarrier Import & Export Co., Ltd .............................................................................................................................................
Jining Shunchang Import & Export Co., Ltd ............................................................................................................................................
Jinxiang Feiteng Import & Export Co., Ltd ..............................................................................................................................................
Jinxiang Guihua Food Co., Ltd ................................................................................................................................................................
6 See Fresh Garlic From the People’s Republic of
China: Final Results and Partial Rescission of the
18th Antidumping Duty Administrative Review;
2011–2012, 79 FR 36721 (June 30, 2014) and
accompanying Issues and Decision Memorandum at
Comment 18.
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7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also
‘‘Assessment Rates’’ section below.
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Weightedaverage
margin
(dollars per
kilogram)
Exporter
Jinxiang Hejia Co., Ltd ............................................................................................................................................................................
Jining Yongjia Trade Co., Ltd ..................................................................................................................................................................
Shenzhen Yuting Foodstuff Co., Ltd .......................................................................................................................................................
Jining Shengtai Vegetables & Fruits Co., Ltd .........................................................................................................................................
Shenzhen Bainong Co., Ltd ....................................................................................................................................................................
Weifang Hongqiao International Logistics Co., Ltd .................................................................................................................................
Yantai Jinyan Trading Inc ........................................................................................................................................................................
PRC-Wide Rate .......................................................................................................................................................................................
Assessment Rates
mstockstill on DSK4VPTVN1PROD with NOTICES
Disclosure, Public Comment and
Opportunity To Request a Hearing
The Department intends to disclose
the calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit written
comments (case briefs) no later than 30
days after the date of publication of
these preliminary results of review and
rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs.9 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and, (3) a
table of authorities.10
Any interested party may request a
hearing within 30 days of publication of
this notice.11 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the case
and rebuttal briefs.12 If a party requests
a hearing, the Department will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing.
The Department intends to issue the
final results of this review, including
the results of its analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
9 See
19 CFR 351.309(c)(1)(ii) and (d)(1).
19 CFR 351.309(c)(2), (d)(2).
11 See 19 CFR 351.310(c).
12 Id.
10 See
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Cash Deposit Requirements
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.13 For the companies for which
this review is rescinded, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(l)(i).14 The Department
will direct CBP to assess rates based on
the per-unit (i.e., per kilogram) amount
on each entry of the subject
merchandise during the POR. The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
review.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for merchandise that was
not reported in the U.S. sales databases
submitted by an exporter individually
examined during this review, but that
entered under the case number of that
exporter (i.e., at the individuallyexamined exporter’s cash deposit rate),
the Department will instruct CBP to
liquidate such entries at the NME-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 exporter’s rate) will
be liquidated at the PRC-wide rate.15
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above, the cash
deposit rate will be the rate established
in these final results of review (except,
if the rate is zero or de minimis, then
zero cash deposit will be required 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 recent period; (3)
for all PRC exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the PRCwide rate of 4.71 U.S. dollars per
kilogram; 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 that
supplied that non-PRC exporter. These
requirements, when imposed, shall
remain in effect until further notice.
13 See
19 CFR 351.212(b).
our determination in the final results is to
rescind this administrative review with respect to
Kaihua, then we will not issue liquidation
instructions for Kaihua unless the preliminary
injunction entered on October 22, 2015, in Court of
International Trade case number 15–00289 has
lifted.
15 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
14 If
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Notification to Importers
This notice serves as a preliminary
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
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
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and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
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Appendix I
Companies for Which Reviews Have Been
Rescinded
1. American Pioneer Shipping
2. Anhui Dongqian Foods Ltd.
3. Anqiu Haoshun Trade Co., Ltd.
4. APM Global Logistics (Shanghai) Co., Ltd.
5. APS Qingdao
6. Chiping Shengkang Foodstuff Co., Ltd.
7. CMEC Engineering Machinery Import &
Export Co., Ltd.
8. Dongying Shunyifa Chemical Co., Ltd.
9. Dynalink Systems Logistics (Qingdao) Inc.
10. Eimskip Logistics Inc.
11. Feicheng Acid Chemicals Co., Ltd.
12. Frog World Co., Ltd.
13. Golden Bridge International, Inc.
14. Hangzhou Guanyu Foods Co., Ltd.
15. Hongqiao International Logistics Co.
16. Intecs Logistics Service Co., Ltd.
17. IT Logistics Qingdao Branch
18. Jinan Solar Summit International Co.,
Ltd.
19. Jining De-Rain Trading Co., Ltd.
20. Jining Highton Trading Co., Ltd.
21. Jining Jiulong International Trading Co.,
Ltd.
22. Jining Tiankuang Trade Co., Ltd.
23. Jinxiang County Huaguang Food Import
& Export Co., Ltd.
24. Jinxiang Fengsheng Import & Export Co.,
Ltd.
25. Jinxiang Jinma Fruits Vegetables Products
Co., Ltd.
26. Jinxiang Shenglong Trade Co., Ltd.
27. Jinxiang Tianheng Trade Co., Ltd.
28. Kingwin Industrial Co., Ltd.
29. Laiwu Fukai Foodstuff Co., Ltd.
30. Laizhou Xubin Fruits and Vegetables
31. Linshu Dading Private Agricultural
Products Co., Ltd.
32. Linyi City Hedong District Jiuli Foodstuff
Co.
33. Linyi City Kangfa Foodstuff Drinkable
Co., Ltd.
34. Linyi Katayama Foodstuffs Co., Ltd.
35. Linyi Tianqin Foodstuff Co., Ltd.
36. Ningjin Ruifeng Foodstuff Co., Ltd.
37. Qingdao Apex Shipping Co., Ltd.
38. Qingdao BNP Co., Ltd.
39. Qingdao Cherry Leather Garment Co.,
Ltd.
40. Qingdao Chongzhi International
Transportation Co., Ltd.
41. Qingdao Saturn International Trade Co.,
Ltd.
42. Qingdao Sino-World International
Trading Co., Ltd.
43. Qingdao Winner Foods Co., Ltd.
44. Qingdao Yuankang International
45. Qufu Dongbao Import & Export Trade Co.,
Ltd.
46. Rizhao Huasai Foodstuff Co., Ltd.
47. Samyoung America (Shanghai) Inc.
48. Shandong Chengshun Farm Produce
Trading Co., Ltd.
49. Shandong China Bridge Imports
50. Shandong Dongsheng Eastsun Foods Co.,
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Ltd.
51. Shandong Garlic Company
52. Shandong Sanxing Food Co., Ltd.
53. Shandong Wonderland Organic Food Co.,
Ltd.
54. Shandong Xingda Foodstuffs Group Co.,
Ltd.
55. Shandong Yipin Agro (Group) Co., Ltd.
56. Shanghai Ever Rich Trade Company
57. Shanghai Goldenbridge International Co.,
Ltd.
58. Shanghai Great Harvest International Co.,
Ltd.
59. Shanghai Medicines & Health Products
Import/Export Co., Ltd.
60. Shanghai Yijia International
Transportation Co., Ltd.
61. Shenzhen Fanhui Import & Export Co.,
Ltd.
62. Shenzhen Greening Trading Co., Ltd.
63. T&S International, LLC.
64. Taian Eastsun Foods Co., Ltd.
65. Taian Fook Huat Tong Kee Pte. Ltd.
66. Taian Solar Summit Food Co., Ltd.
67. Taiyan Ziyang Food Co., Ltd.
68. Tianjin Spiceshi Co., Ltd.
69. U.S. United Logistics (Ningbo) Inc.
70. V.T. Impex (Shandong) Limited
71. Weifang Jinbao Agricultural Equipment
Co., Ltd.
72. Weihai Textile Group Import & Export
Co., Ltd.
73. WSSF Corporation (Weifang)
74. Xiamen Huamin Import Export Company
75. Xiamen Keep Top Imp. and Exp. Co., Ltd.
76. Xinjiang Top Agricultural Products Co.,
Ltd.
77. Yishui Hengshun Food Co., Ltd.
78. You Shi Li International Trading Co., Ltd.
79. Zhangzhou Xiangcheng Rainbow
Greenland Food Co., Ltd.
80. Zhengzhou Harmoni Spice Co., Ltd.
81. Zhengzhou Xiwannian Food Co., Ltd.
Appendix II
Separate Rate Companies
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Maycarrier Import & Export Co., Ltd.
3. Jining Shengtai Vegetables & Fruits Co.,
Ltd.
4. Jining Shunchang Import & Export Co.,
Ltd.
5. Jining Yongjia Trade Co., Ltd.
6. Jinxiang Feiteng Import & Export Co., Ltd.
7. Jinxiang Guihua Food Co., Ltd.
8. Jinxiang Hejia Co., Ltd.
9. Shenzhen Bainong Co., Ltd.
10. Shenzhen Yuting Foodstuff Co., Ltd.
11. Weifang Hongqiao International Logistics
Co., Ltd.
12. Yantai Jinyan Trading Inc.
Appendix III
Companies That Have Certified No
Shipments
1. Jining Yifa Garlic Produce Co., Ltd.
2. Jinxiang Richfar Fruits & Vegetables Co.,
Ltd.
3. Jinxiang Yuanxin Import & Export Co., Ltd.
4. Lanling Qingshui Vegetable Foods Co.,
Ltd.
5. Qingdao Lianghe International Trade Co.,
Ltd.
6. Qingdao Sea-line International Trading Co.
7. Qingdao Xiangtiangfeng Foods Co., Ltd.
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8. Shandong Chenhe International Trading
Co., Ltd.
9. Shandong Jinxiang Zhengyang Import &
Export Co., Ltd.
10. Shijazhuang Goodman Trading Co., Ltd.
[FR Doc. 2015–30791 Filed 12–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE325
Schedules for Atlantic Shark
Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshops.
AGENCY:
Free Atlantic Shark
Identification Workshops and Protected
Species Safe Handling, Release, and
Identification Workshops will be held in
January, February, and March of 2016.
Certain fishermen and shark dealers are
required to attend a workshop to meet
regulatory requirements and to maintain
valid permits. Specifically, the Atlantic
Shark Identification Workshop is
mandatory for all federally permitted
Atlantic shark dealers. The Protected
Species Safe Handling, Release, and
Identification Workshop is mandatory
for vessel owners and operators who use
bottom longline, pelagic longline, or
gillnet gear, and who have also been
issued shark or swordfish limited access
permits. Additional free workshops will
be conducted during 2016 and will be
announced in a future notice.
DATES: The Atlantic Shark Identification
Workshops will be held on January 14,
February 11, and March 17, 2016.
The Protected Species Safe Handling,
Release, and Identification Workshops
will be held on January 15, January 27,
February 2, February 16, March 1, and
March 16, 2016.
See SUPPLEMENTARY INFORMATION for
further details.
ADDRESSES: The Atlantic Shark
Identification Workshops will be held in
Norfolk, VA; Kenner, LA; and Fort
Pierce, FL.
The Protected Species Safe Handling,
Release, and Identification Workshops
will be held in Key Largo, FL;
Portsmouth, NH; Kitty Hawk, NC; Palm
Coast, FL; Manahawkin, NJ; and
Houston, TX.
See SUPPLEMENTARY INFORMATION for
further details on workshop locations.
SUMMARY:
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75972-75975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30791]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results, Preliminary Intent To Rescind, and Partial Rescission of the
20th Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the 20th
administrative review of the antidumping duty order on fresh garlic
from the People's Republic of China (PRC) covering the period of review
(POR) November 1, 2013, through October 31, 2014.\1\ This review covers
161 manufacturers/exporters of subject merchandise.\2\ We preliminarily
find that mandatory respondent Shenzhen Xinboda Industrial Co., Ltd.
(Xinboda) made sales of subject merchandise at less than normal value
(NV). In addition, the Department preliminarily finds that the other
mandatory respondents, Hebei Golden Bird Trading Co., Ltd. (Golden
Bird) and Qingdao Tiantaixing Foods Co., Ltd. (QTF), are part of the
PRC-wide entity. We invite interested parties to comment on these
preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 76956 (December 23, 2014) (Initiation
Notice).
\2\ Id. at 79 FR 76956, 76958-76961.
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DATES: Effective date: December 7, 2015.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Alexander
Cipolla, 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) 482-5255 or (202) 482-4956.
Scope of the Order
The merchandise covered by the order includes all grades of garlic,
whole or separated into constituent cloves. Fresh garlic that are
subject to the order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided
for convenience and customs purposes, the written product description
remains dispositive. For a full description of the scope of this order,
please see ``III. Scope of the Order'' in the accompanying Preliminary
Decision Memorandum.\3\
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\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Decision Memorandum for the Preliminary Results of the 2013-2014
Antidumping Duty Administrative Review: Fresh Garlic from the
People's Republic of China'' (dated concurrently with this notice)
(Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review and Preliminary Intent To
Rescind the Review
On December 23, 2014, the Department initiated a review of 161
companies in this proceeding.\4\ Between January 16 and March 17, 2015,
withdrawal requests were timely filed for 81 companies.\5\ The
Department is, therefore, partially rescinding this review with respect
to the companies listed in Appendix I, in accordance with 19 CFR
351.213(d)(1). In addition, we
[[Page 75973]]
preliminarily intend to rescind this administrative review with respect
to Jinxiang Kaihua Imp & Exp Co. Ltd. (Kaihua), because we found its
POR sales to not be bona fide in the concurrent new shipper review.\6\
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\4\ Id.
\5\ See letter from Petitioners, ``20th Administrative Review of
the Antidumping Duty Order on Fresh Garlic from the People's
Republic of China--Petitioners' Withdrawal of Certain Requests for
Administrative Review,'' at 2-4 (January 16, 2015); letter from El
Bosque Garlic Farm, ``Fresh Garlic from the People's Republic of
China--Withdrawal of Review Request in 20th Administrative Review
filed on behalf of El Bosque Garlic Farm,'' at 1 (March 17, 2015);
and letter from Zhengzhou Harmoni Spice Co., Ltd., ``Harmoni
Withdrawal of Review Request: Twentieth Administrative Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China (A-570-831),'' at 1 (January 16, 2015).
\6\ See Fresh Garlic From the People's Republic of China: Final
Results and Partial Rescission of the 18th Antidumping Duty
Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014) and
accompanying Issues and Decision Memorandum at Comment 18.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
prices were calculated in accordance with section 772(a) of the Act.
Because the PRC is a nonmarket economy within the meaning of section
771(18) of the Act, NV has been calculated in accordance with section
773(c). We relied, in part, on the facts available, with adverse
inferences, for our preliminary determination, in accordance with
section 776 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\7\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., $4.71/kg) is not subject to change. Aside from the no
shipments companies discussed below, and the companies for which the
review is being rescinded, the Department considers all other companies
for which a review was requested and which did not preliminarily
qualify for a separate rate to be part of the PRC-wide entity. For
additional information, see the Preliminary Decision Memorandum.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Preliminary Determination of Separate Rates for Non-Selected Companies
In accordance with section 777A(c)(2)(B) of the Act, the Department
employed a limited examination methodology, as it determined that it
would not be practicable to examine individually all companies for
which a review request was made. There were 12 exporters of subject
merchandise from the PRC that have demonstrated their eligibility for a
separate rate but were not selected for individual examination in this
review. These 12 exporters are listed in Appendix II.
Neither the Act nor the Department's regulations address the
establishment of the rate applied to individual companies not selected
for examination where the Department limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act. The
Department's practice in cases involving limited selection based on
exporters accounting for the largest volumes of trade has been to look
to section 735(c)(5) of the Act for guidance, which provides
instructions for calculating the all-others rate in an investigation.
Section 735(c)(5)(A) of the Act instructs the Department to use rates
established for individually investigated producers and exporters,
excluding any rates that are zero, de minimis, or based entirely on
facts available in investigations. In this review, we calculated a
preliminary weighted-average dumping margin for Xinboda, while Golden
Bird and QTF were considered part of the PRC-wide entity based on the
application of total facts available with adverse inferences. Therefore
for the preliminary results, the Department has preliminarily
determined to assign the non-selected separate rate companies Xinboda's
rate.
Preliminary Determination of No Shipments
The companies listed in Appendix III timely filed ``no shipment''
certifications stating that they had no entries of subject merchandise
during the POR. Consistent with its practice, the Department asked CBP
to conduct a query of potential shipments made by these companies. CBP
did not provide evidence that contradicted the parties' no shipment
claims. Based on the certifications by these companies and our analysis
of CBP information, we preliminarily determine that the companies
listed in Appendix III did not have any reviewable transactions during
the POR. In addition, the Department finds that consistent with its
refinement to its assessment practice in non-market economy (NME)
cases, further discussed below, it is appropriate not to rescind the
review in part in these circumstances but to complete the review with
respect to these 10 companies and issue appropriate instructions to CBP
based on the final results of the review.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rates'' section below.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period November 1, 2013,
through October 31, 2014:
------------------------------------------------------------------------
Weighted-
average
margin
Exporter (dollars
per
kilogram)
------------------------------------------------------------------------
Shenzhen Xinboda Industrial Co., Ltd....................... 2.72
Jinan Farmlady Trading Co., Ltd............................ 2.72
Jining Maycarrier Import & Export Co., Ltd................. 2.72
Jining Shunchang Import & Export Co., Ltd.................. 2.72
Jinxiang Feiteng Import & Export Co., Ltd.................. 2.72
Jinxiang Guihua Food Co., Ltd.............................. 2.72
[[Page 75974]]
Jinxiang Hejia Co., Ltd.................................... 2.72
Jining Yongjia Trade Co., Ltd.............................. 2.72
Shenzhen Yuting Foodstuff Co., Ltd......................... 2.72
Jining Shengtai Vegetables & Fruits Co., Ltd............... 2.72
Shenzhen Bainong Co., Ltd.................................. 2.72
Weifang Hongqiao International Logistics Co., Ltd.......... 2.72
Yantai Jinyan Trading Inc.................................. 2.72
PRC-Wide Rate.............................................. 4.71
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Disclosure, Public Comment and Opportunity To Request a Hearing
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments (case briefs) no
later than 30 days after the date of publication of these preliminary
results of review and rebuttal comments (rebuttal briefs) within five
days after the time limit for filing case briefs.\9\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and, (3) a table of authorities.\10\
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\9\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
\10\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\11\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case and rebuttal briefs.\12\ If a party requests a hearing, the
Department will inform parties of the scheduled date for the hearing
which will be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a time and location
to be determined. Parties should confirm by telephone the date, time,
and location of the hearing.
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\11\ See 19 CFR 351.310(c).
\12\ Id.
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The Department intends to issue the final results of this review,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
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.\13\ For the companies for which this review is
rescinded, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(l)(i).\14\ The Department will direct CBP to
assess rates based on the per-unit (i.e., per kilogram) amount on each
entry of the subject merchandise during the POR. The Department intends
to issue assessment instructions to CBP 15 days after the publication
date of the final results of review.
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\13\ See 19 CFR 351.212(b).
\14\ If our determination in the final results is to rescind
this administrative review with respect to Kaihua, then we will not
issue liquidation instructions for Kaihua unless the preliminary
injunction entered on October 22, 2015, in Court of International
Trade case number 15-00289 has lifted.
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for merchandise
that was not reported in the U.S. sales databases submitted by an
exporter individually examined during this review, but that entered
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), the Department will instruct
CBP to liquidate such entries at the NME-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 exporter's rate) will be
liquidated at the PRC-wide rate.\15\
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\15\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For the companies listed above,
the cash deposit rate will be the rate established in these final
results of review (except, if the rate is zero or de minimis, then zero
cash deposit will be required for that company); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 4.71 U.S. dollars per kilogram; 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 that supplied that non-PRC exporter. These requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act,
[[Page 75975]]
and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Companies for Which Reviews Have Been Rescinded
1. American Pioneer Shipping
2. Anhui Dongqian Foods Ltd.
3. Anqiu Haoshun Trade Co., Ltd.
4. APM Global Logistics (Shanghai) Co., Ltd.
5. APS Qingdao
6. Chiping Shengkang Foodstuff Co., Ltd.
7. CMEC Engineering Machinery Import & Export Co., Ltd.
8. Dongying Shunyifa Chemical Co., Ltd.
9. Dynalink Systems Logistics (Qingdao) Inc.
10. Eimskip Logistics Inc.
11. Feicheng Acid Chemicals Co., Ltd.
12. Frog World Co., Ltd.
13. Golden Bridge International, Inc.
14. Hangzhou Guanyu Foods Co., Ltd.
15. Hongqiao International Logistics Co.
16. Intecs Logistics Service Co., Ltd.
17. IT Logistics Qingdao Branch
18. Jinan Solar Summit International Co., Ltd.
19. Jining De-Rain Trading Co., Ltd.
20. Jining Highton Trading Co., Ltd.
21. Jining Jiulong International Trading Co., Ltd.
22. Jining Tiankuang Trade Co., Ltd.
23. Jinxiang County Huaguang Food Import & Export Co., Ltd.
24. Jinxiang Fengsheng Import & Export Co., Ltd.
25. Jinxiang Jinma Fruits Vegetables Products Co., Ltd.
26. Jinxiang Shenglong Trade Co., Ltd.
27. Jinxiang Tianheng Trade Co., Ltd.
28. Kingwin Industrial Co., Ltd.
29. Laiwu Fukai Foodstuff Co., Ltd.
30. Laizhou Xubin Fruits and Vegetables
31. Linshu Dading Private Agricultural Products Co., Ltd.
32. Linyi City Hedong District Jiuli Foodstuff Co.
33. Linyi City Kangfa Foodstuff Drinkable Co., Ltd.
34. Linyi Katayama Foodstuffs Co., Ltd.
35. Linyi Tianqin Foodstuff Co., Ltd.
36. Ningjin Ruifeng Foodstuff Co., Ltd.
37. Qingdao Apex Shipping Co., Ltd.
38. Qingdao BNP Co., Ltd.
39. Qingdao Cherry Leather Garment Co., Ltd.
40. Qingdao Chongzhi International Transportation Co., Ltd.
41. Qingdao Saturn International Trade Co., Ltd.
42. Qingdao Sino-World International Trading Co., Ltd.
43. Qingdao Winner Foods Co., Ltd.
44. Qingdao Yuankang International
45. Qufu Dongbao Import & Export Trade Co., Ltd.
46. Rizhao Huasai Foodstuff Co., Ltd.
47. Samyoung America (Shanghai) Inc.
48. Shandong Chengshun Farm Produce Trading Co., Ltd.
49. Shandong China Bridge Imports
50. Shandong Dongsheng Eastsun Foods Co., Ltd.
51. Shandong Garlic Company
52. Shandong Sanxing Food Co., Ltd.
53. Shandong Wonderland Organic Food Co., Ltd.
54. Shandong Xingda Foodstuffs Group Co., Ltd.
55. Shandong Yipin Agro (Group) Co., Ltd.
56. Shanghai Ever Rich Trade Company
57. Shanghai Goldenbridge International Co., Ltd.
58. Shanghai Great Harvest International Co., Ltd.
59. Shanghai Medicines & Health Products Import/Export Co., Ltd.
60. Shanghai Yijia International Transportation Co., Ltd.
61. Shenzhen Fanhui Import & Export Co., Ltd.
62. Shenzhen Greening Trading Co., Ltd.
63. T&S International, LLC.
64. Taian Eastsun Foods Co., Ltd.
65. Taian Fook Huat Tong Kee Pte. Ltd.
66. Taian Solar Summit Food Co., Ltd.
67. Taiyan Ziyang Food Co., Ltd.
68. Tianjin Spiceshi Co., Ltd.
69. U.S. United Logistics (Ningbo) Inc.
70. V.T. Impex (Shandong) Limited
71. Weifang Jinbao Agricultural Equipment Co., Ltd.
72. Weihai Textile Group Import & Export Co., Ltd.
73. WSSF Corporation (Weifang)
74. Xiamen Huamin Import Export Company
75. Xiamen Keep Top Imp. and Exp. Co., Ltd.
76. Xinjiang Top Agricultural Products Co., Ltd.
77. Yishui Hengshun Food Co., Ltd.
78. You Shi Li International Trading Co., Ltd.
79. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd.
80. Zhengzhou Harmoni Spice Co., Ltd.
81. Zhengzhou Xiwannian Food Co., Ltd.
Appendix II
Separate Rate Companies
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Maycarrier Import & Export Co., Ltd.
3. Jining Shengtai Vegetables & Fruits Co., Ltd.
4. Jining Shunchang Import & Export Co., Ltd.
5. Jining Yongjia Trade Co., Ltd.
6. Jinxiang Feiteng Import & Export Co., Ltd.
7. Jinxiang Guihua Food Co., Ltd.
8. Jinxiang Hejia Co., Ltd.
9. Shenzhen Bainong Co., Ltd.
10. Shenzhen Yuting Foodstuff Co., Ltd.
11. Weifang Hongqiao International Logistics Co., Ltd.
12. Yantai Jinyan Trading Inc.
Appendix III
Companies That Have Certified No Shipments
1. Jining Yifa Garlic Produce Co., Ltd.
2. Jinxiang Richfar Fruits & Vegetables Co., Ltd.
3. Jinxiang Yuanxin Import & Export Co., Ltd.
4. Lanling Qingshui Vegetable Foods Co., Ltd.
5. Qingdao Lianghe International Trade Co., Ltd.
6. Qingdao Sea-line International Trading Co.
7. Qingdao Xiangtiangfeng Foods Co., Ltd.
8. Shandong Chenhe International Trading Co., Ltd.
9. Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
10. Shijazhuang Goodman Trading Co., Ltd.
[FR Doc. 2015-30791 Filed 12-4-15; 8:45 am]
BILLING CODE 3510-DS-P
