Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2015-2016, 82-83 [2016-31794]
Download as PDF
<![CDATA[
82
Notices
Federal Register
Vol. 82, No. 1
Tuesday, January 3, 2017
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
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
Zhengzhou Yudi Shengjin Agricultural
Trade Co. Ltd. (‘‘Zhengzhou Yudi’’) 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 January 3, 2017.
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:
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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 15,
2016, the Department received a timely
request for a NSR from Zhengzhou
Yudi.2 Zhengzhou Yudi 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), Zhengzhou Yudi
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), Zhengzhou Yudi
certified that, since the investigation
was initiated, it never has been affiliated
with any exporter or producer who
exported the subject merchandise to the
United States during the POI, including
those not individually examined during
the investigation.5 Further, as required
by 19 CFR 351.214(b)(2)(iii)(B), it
certified that its export activities are not
controlled by the central government of
the PRC.6 Zhengzhou Yudi 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), Zhengzhou Yudi
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
The Department queried the database
of U.S. Customs and Border Protection
(CBP) in an attempt to confirm that the
shipment reported by Zhengzhou Yudi
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
Zhengzhou Yudi 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
4 Id.
at Exhibit 1.
5 Id.
6 Id.
7 Id.
at page 3–4.
at Exhibit 2.
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 16,
2016.
8 Id.
1 See
Antidumping Duty Order: Fresh Garlic from
the People’s Republic of China, 59 FR 59209
(November 16, 1994).
2 See Zhengzhou Yudi’s request for a NSR dated
November 15, 2016.
3 Id. at 1 and at Exhibit 1.
VerDate Sep<11>2014
22:14 Dec 30, 2016
Jkt 241001
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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 twelve-month period
immediately preceding the anniversary
month. Zhengzhou Yudi 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, 2016.10
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 Zhengzhou
Yudi’s request meets the threshold
requirements for initiation of a NSR for
shipments of fresh garlic from the PRC
produced and exported by Zhengzhou
Yudi, and, therefore, is initiating a NSR
of Zhengzhou Yudi. 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.11 If the
information supplied by Zhengzhou
Yudi is found to be incorrect or
insufficient during the course of this
proceeding, the Department may rescind
the review for Zhengzhou Yudi or apply
facts available pursuant to 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.12
Accordingly, the Department will issue
questionnaires to Zhengzhou Yudi,
which will include a section requesting
10 See
19 CFR 351.214(g)(1)(i)(A).
section 751(a)(2)(B)(iv) of the Act.
12 See Import Administration Policy Bulletin,
Number: 05.1. (https://ia.ita.doc.gov/policy/bull051.pdf).
11 See
E:\FR\FM\03JAN1.SGM
03JAN1
Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Notices
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
Zhengzhou Yudi 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 2015.13
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 27, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–31794 Filed 12–30–16; 8:45 am]
BILLING CODE 3510–DS–P
(‘‘PRC’’). The period of review (‘‘POR’’)
is May 27, 2014, through December 31,
2015. The Department preliminarily
determines to rescind this review
because we requested but were not
provided sufficient information to
determine whether, and conclude that,
Jingmei’s sale of subject merchandise to
the United States was bona fide.
Interested parties are invited to
comment on this preliminary intent to
rescind.
DATES:
Effective January 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Lobaugh, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–7425.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 2016, the Department
published notice of initiation of a new
shipper review of calcium hypochlorite
from the PRC for the period May 27,
2014, through December 31, 2015.1 On
July 12, 2016, the Department extended
the deadline for the preliminary results
to December 27, 2016.2
Scope of the Order
AGENCY:
The merchandise covered by the
Order is calcium hypochlorite,
regardless of form (e.g., powder, tablet
(compressed), crystalline (granular), or
in liquid solution), whether or not
blended with other materials,
containing at least 10% available
chlorine measured by actual weight.
Calcium hypochlorite is currently
classifiable under the subheading
2828.10.0000 of the Harmonized Tariff
Schedule of the United States.3
13 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.
1 See Calcium Hypochlorite from the People’s
Republic of China: Initiation of Countervailing Duty
New Shipper Review; 2014–2015, 81 FR 11516
(March 4, 2016) (‘‘Initiation’’).
2 See Memorandum to the File through James C.
Doyle, Director, Office V, to Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations ‘‘Extension of
Deadline for Preliminary Results of Countervailing
Duty New Shipper Review; 2014–2015’’ (November
5, 2015).
3 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Decision Memorandum for the Preliminary Results
of the Countervailing Duty New Shipper Review of
Calcium Hypochlorite from the People’s Republic of
China: Haixing Jingmei Chemical Products Sales
Co., Ltd.’’ dated concurrently with and hereby
adopted by this notice (‘‘Preliminary Decision
Memorandum’’) for a complete description of the
Scope of the Order.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–009]
sradovich on DSK3GMQ082PROD with NOTICES
Calcium Hypochlorite From the
People’s Republic of China:
Preliminary Intent To Rescind the New
Shipper Review of Haixing Jingmei
Chemical Products Sales Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a November 20,
2015, request from Haixing Jingmei
Chemical Products Sales Co., Ltd.
(‘‘Jingmei’’), and the producer of its
merchandise, Haixing Eno Chemical
Co., Ltd. (‘‘Eno’’), the Department of
Commerce (‘‘Department’’) is
conducting a new shipper review of
Jingmei, regarding the countervailing
duty order on calcium hypochlorite
from the People’s Republic of China
VerDate Sep<11>2014
22:14 Dec 30, 2016
Jkt 241001
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
83
Methodology
The Department is conducting this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.214. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
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 in the
Department’s 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.
Preliminary Intent To Rescind Jingmei
New Shipper Review
Section 751(a)(2)(B)(iv) of the Act
requires that a countervailing duty rate
determined in a new shipper review be
determined based solely on bona fide
sales. For the reasons detailed in the
Preliminary Decision Memorandum and
the Bona Fide Sales Analysis
Memorandum,4 the Department
preliminarily finds that, as a result of
Jingmei’s customers’ failure to provide
necessary information, we cannot
determine whether, and conclude that,
Jingmei’s sale under review is bona fide.
As a result, the Department
preliminarily intends to rescind the new
shipper review of Jingmei.
Public Comment
Interested parties may submit written
comments by no later than 30 days after
the date of publication of these
preliminary results of review.5
Rebuttals, limited to issues raised in the
written comments, may be filed by no
4 See Memorandum to James Doyle, Director,
Office V, Antidumping and Countervailing Duty
Operations, through Catherine Bertrand, Program
Manager, Office V, Antidumping and
Countervailing Duty Operations, from Elizabeth
Lobaugh, International Trade Analyst, titled ‘‘Bona
Fide Nature of the Sale in the Countervailing Duty
New Shipper Review of Calcium Hypochlorite from
the People’s Republic of China: Haixing Jingmei
Chemical Products Sales Co., Ltd.’’ dated
concurrently with this notice.
5 See 19 CFR 351.309(c).
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Pages 82-83]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31794]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 /
Notices
[[Page 82]]
-----------------------------------------------------------------------
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 Zhengzhou Yudi Shengjin
Agricultural Trade Co. Ltd. (``Zhengzhou Yudi'') 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 January 3, 2017.
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 15, 2016, the Department received a timely request for a NSR
from Zhengzhou Yudi.\2\ Zhengzhou Yudi 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), Zhengzhou Yudi 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),
Zhengzhou Yudi certified that, since the investigation was initiated,
it never has been affiliated with any exporter or producer who exported
the subject merchandise to the United States during the POI, including
those not individually examined during the investigation.\5\ Further,
as required by 19 CFR 351.214(b)(2)(iii)(B), it certified that its
export activities are not controlled by the central government of the
PRC.\6\ Zhengzhou Yudi also certified it had no shipments of subject
merchandise subsequent to the POR.\7\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209 (November 16, 1994).
\2\ See Zhengzhou Yudi's request for a NSR dated November 15,
2016.
\3\ Id. at 1 and at Exhibit 1.
\4\ Id. at Exhibit 1.
\5\ Id.
\6\ Id.
\7\ Id. at page 3-4.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Zhengzhou Yudi 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
Zhengzhou Yudi 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 Zhengzhou Yudi 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 16, 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 twelve-month period immediately preceding the anniversary
month. Zhengzhou Yudi 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.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.214(g)(1)(i)(A).
---------------------------------------------------------------------------
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 Zhengzhou
Yudi's request meets the threshold requirements for initiation of a NSR
for shipments of fresh garlic from the PRC produced and exported by
Zhengzhou Yudi, and, therefore, is initiating a NSR of Zhengzhou Yudi.
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.\11\ If the information supplied by Zhengzhou Yudi
is found to be incorrect or insufficient during the course of this
proceeding, the Department may rescind the review for Zhengzhou Yudi or
apply facts available pursuant to section 776 of the Act, depending on
the facts on the record.
---------------------------------------------------------------------------
\11\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------
It is the Department's usual practice in cases involving non-market
economies to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate (i.e.,
a separate rate) provide evidence of de jure and de facto absence of
government control over the company's export activities.\12\
Accordingly, the Department will issue questionnaires to Zhengzhou
Yudi, which will include a section requesting
[[Page 83]]
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 Zhengzhou
Yudi is not subject to either de jure or de facto government control
with respect to its exports of fresh garlic from the PRC.
---------------------------------------------------------------------------
\12\ See Import Administration Policy Bulletin, Number: 05.1.
(https://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.\13\
---------------------------------------------------------------------------
\13\ 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 27, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2016-31794 Filed 12-30-16; 8:45 am]
BILLING CODE 3510-DS-P
