Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016, 95961-95962 [2016-31564]

Download as PDF Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 95961 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [12/17/2016 through 12/23/2016] Firm name Firm address Date accepted for investigation Federal Tool & Engineering, LLC. 2150 Stonebridge Road, West Bend, WI 53095. 12/20/2016 Vance Metal Fabricators, Inc .. 251 Gambee Road, Geneva, NY 14456. 12/21/2016 Aztec Plastic Company ........... 1747 West Carroll Avenue, Chicago, IL 60612. 12/22/2016 Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2016–31542 Filed 12–28–16; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–86–2016] asabaliauskas on DSK3SPTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 38— Spartanburg County, South Carolina; Notification of Proposed Production Activity; Black & Decker (U.S.) Inc.; Subzone 38E, (Power Tools), Fort Mill, South Carolina Black & Decker (U.S.) Inc. (Black & Decker) submitted a notification of proposed production activity to the FTZ Board for its facility in Fort Mill, South Carolina, within Subzone 38E. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 15, 2016. Black & Decker already has authority to produce power tools and their parts and components, the packaging and kitting of power tools, and the repair VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 Product(s) The firm manufactures stamped metal components and tooling used in production of components for commercial lighting, commercial ovens, engines, power generation and lawn/snow equipment. This firm is a manufacturer of a variety of different fabricated, welded and machine components that are used by OEM’s in their finished products. The firm manufactures plastic injection molded screws and bushings made from special thermoplastic, thermosetting, and composite materials. and rework of power tools, parts and accessories within Subzone 38E. The current request would add finished products and foreign-status materials/ components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreign-status materials/components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Black & Decker from customs duty payments on the foreignstatus materials/components used in export production. On its domestic sales, Black and Decker would be able to choose the duty rates during customs entry procedures that apply to: tube expander tools; pavement breakers; crimping tools; cable cutters; caulk guns; grease guns; sink augers— cordless; drain snakes; impact wrenches; anvil subassemblies; front end mechanisms/subassemblies; nose cone subassemblies; housing subassemblies; transmission assemblies for power tools; electronic control and motor subassemblies; bulk packed motors; lasers; and, laser detectors (duty rates range from free to 3.3%) for the foreign-status materials/components noted below and in the existing scope of authority. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials/components sourced from abroad include: plastic hoses and couplers; steel pipe plugs; copper washers; machined pump housings; sink augers; grease guns; cordless crimping tools; cordless cable cutters; cordless caulk guns; steel thrust rings; impactors; expansion heads; drum covers (steel, aluminum or plastic); subassemblies—outer drum; inner drums (steel, aluminum or plastic); pump housing assemblies; purge valves; PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 valve bodies; valve plungers; cam carriers; motors; bulk packed motors; modules for drain augers/snakes— electronic; LED housings with LED lights; safety glasses; rotary lasers, lasers; and, laser detectors (duty rates range from free to 3.3%). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is February 7, 2017. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: December 22, 2016. Andrew McGilvray, Executive Secretary. [FR Doc. 2016–31617 Filed 12–28–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is initiating a new shipper review (NSR) with respect to Qingdao Joinseafoods Co. Ltd. and Join AGENCY: E:\FR\FM\29DEN1.SGM 29DEN1 95962 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices Food Ingredient Inc. (‘‘Join’’) in the context of the antidumping duty order on Fresh Garlic from the People’s Republic of China (PRC). The period of review (POR) is November 1, 2015, through October 31, 2016. DATES: Effective December 29, 2016. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482–5484. SUPPLEMENTARY INFORMATION: Background asabaliauskas on DSK3SPTVN1PROD with NOTICES The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on November 16, 1994.1 On November 30, 2016, the Department received a timely request for a NSR from Join.2 Join certified that it is the exporter and producer of the fresh garlic upon which the request for a NSR is based.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Join certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).4 Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Join certified that, since the investigation was initiated, it has never been affiliated with any exporter or producer which exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation.5 Further, as required by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export activities are not controlled by the central government of the PRC.6 Join also certified it had no shipments of subject merchandise subsequent to the POR.7 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Join submitted documentation establishing the following: (1) The date of its first sale to an unaffiliated customer in the United States; (2) the date on which the fresh garlic was first entered; and (3) the volume of that shipment.8 1 See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16, 1994). 2 See Join’s request for a NSR dated November 30, 2016. 3 Id. at Exhibit 1. 4 Id. 5 Id. 6 Id. 7 Id. at page 2. 8 Id. at Exhibit 2. VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Join had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Join in its request.9 Period of Review Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states that if the request for the review is made during the twelve-month period ending with the end of the anniversary month, the Secretary will initiate a NSR in the calendar month immediately following the anniversary month. Further, 19 CFR 315.214(g)(1)(i)(A) states that if the NSR was initiated in the month immediately following the anniversary month, the POR will be 12-month period immediately preceding the anniversary month. Join made the request for a NSR, that included all documents and information required by the statute and regulations, within one year of the date on which its fresh garlic first entered. Its request was filed in November, which is the anniversary month of the order. Therefore, the POR is November 1, 2015, through October 31, 2016. Id. Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that Join’s request meets the threshold requirements for initiation of a NSR for shipments of fresh garlic from the PRC produced and exported by Join, and, therefore, is initiating a NSR of Join. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which we issue the preliminary results.10 If the information supplied by Join is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for Join or apply facts available pursuant to 9 See Memorandum to the File from Chien-Min Yang, ‘‘New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China: Customs Entries from November 1, 2015, to October 31, 2016,’’ dated December 13, 2016. 10 See section 751(a)(2)(B)(iv) of the Act. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 section 776 of the Act, depending on the facts on the record. It is the Department’s usual practice in cases involving non-market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company’s export activities.11 Accordingly, the Department will issue questionnaires to Join, which will include a section requesting information with regard to its export activities for the purpose of establishing its eligibility for a separate rate. The review will proceed if the responses provide sufficient indication that Join is not subject to either de jure or de facto government control with respect to its exports of fresh garlic from the PRC. On February 24, 2016, the President signed into law the ‘‘Trade Facilitation and Trade Enforcement Act of 2015,’’ H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this new shipper review in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.12 Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: December 22, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016–31564 Filed 12–28–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S.-Nigeria Commercial and Investment Dialogue International Trade Administration (ITA), U.S. Department of Commerce (DOC). AGENCY: 11 See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull051.pdf). 12 The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct Customs and Border Protection to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a new shipper review. E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 95961-95962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31564]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is initiating a 
new shipper review (NSR) with respect to Qingdao Joinseafoods Co. Ltd. 
and Join

[[Page 95962]]

Food Ingredient Inc. (``Join'') in the context of the antidumping duty 
order on Fresh Garlic from the People's Republic of China (PRC). The 
period of review (POR) is November 1, 2015, through October 31, 2016.

DATES: Effective December 29, 2016.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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-
5484.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994.\1\ On 
November 30, 2016, the Department received a timely request for a NSR 
from Join.\2\ Join certified that it is the exporter and producer of 
the fresh garlic upon which the request for a NSR is based.\3\ Pursuant 
to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
Join certified that it did not export fresh garlic for sale to the 
United States during the period of investigation (POI).\4\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Join certified that, since the investigation was 
initiated, it has never been affiliated with any exporter or producer 
which exported the subject merchandise to the United States during the 
POI, including those not individually examined during the 
investigation.\5\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), 
it certified that its export activities are not controlled by the 
central government of the PRC.\6\ Join also certified it had no 
shipments of subject merchandise subsequent to the POR.\7\
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    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
    \2\ See Join's request for a NSR dated November 30, 2016.
    \3\ Id. at Exhibit 1.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id. at page 2.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Join submitted documentation establishing the 
following: (1) The date of its first sale to an unaffiliated customer 
in the United States; (2) the date on which the fresh garlic was first 
entered; and (3) the volume of that shipment.\8\
---------------------------------------------------------------------------

    \8\ Id. at Exhibit 2.
---------------------------------------------------------------------------

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

    \9\ See Memorandum to the File from Chien-Min Yang, ``New 
Shipper Review of the Antidumping Duty Order on Fresh Garlic from 
the People's Republic of China: Customs Entries from November 1, 
2015, to October 31, 2016,'' dated December 13, 2016.
---------------------------------------------------------------------------

Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a NSR within one year of the date on which its subject merchandise was 
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the 
request for the review is made during the twelve-month period ending 
with the end of the anniversary month, the Secretary will initiate a 
NSR in the calendar month immediately following the anniversary month. 
Further, 19 CFR 315.214(g)(1)(i)(A) states that if the NSR was 
initiated in the month immediately following the anniversary month, the 
POR will be 12-month period immediately preceding the anniversary 
month. Join made the request for a NSR, that included all documents and 
information required by the statute and regulations, within one year of 
the date on which its fresh garlic first entered. Its request was filed 
in November, which is the anniversary month of the order. Therefore, 
the POR is November 1, 2015, through October 31, 2016. Id.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that Join's 
request meets the threshold requirements for initiation of a NSR for 
shipments of fresh garlic from the PRC produced and exported by Join, 
and, therefore, is initiating a NSR of Join. Absent a determination 
that the new shipper review is extraordinarily complicated, the 
Department intends to issue the preliminary results within 180 days 
after the date on which this review is initiated and the final results 
within 90 days after the date on which we issue the preliminary 
results.\10\ If the information supplied by Join is found to be 
incorrect or insufficient during the course of this proceeding, the 
Department may rescind the review for Join or apply facts available 
pursuant to section 776 of the Act, depending on the facts on the 
record.
---------------------------------------------------------------------------

    \10\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate (i.e., 
a separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\11\ 
Accordingly, the Department will issue questionnaires to Join, which 
will include a section requesting information with regard to its export 
activities for the purpose of establishing its eligibility for a 
separate rate. The review will proceed if the responses provide 
sufficient indication that Join is not subject to either de jure or de 
facto government control with respect to its exports of fresh garlic 
from the PRC.
---------------------------------------------------------------------------

    \11\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------

    On February 24, 2016, the President signed into law the ``Trade 
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this new shipper review in accordance with section 751(a)(2)(B) of the 
Act, as amended by the Trade Facilitation and Trade Enforcement Act of 
2015.\12\
---------------------------------------------------------------------------

    \12\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
the Department to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
---------------------------------------------------------------------------

    Interested parties requiring access to proprietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 22, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-31564 Filed 12-28-16; 8:45 am]
 BILLING CODE 3510-DS-P