Fresh Garlic From the People's Republic of China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-2018, 31734-31736 [2018-14608]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 31734 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Aluminum Extrusion Fair Trade Committee; Certain aluminum extrusions from the People’s Republic of China made of series 6xxx aluminum alloy, which are cutto-length and welded together in the form of a pallet, regardless of producer or exporter, are included in the scope of the antidumping and countervailing duty orders because they meet the definition of merchandise covered by the scope of the orders and do not qualify to be excluded as ‘‘finished merchandise’’; June 13, 2017. A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: Woodard CM–LLC; Woodard dining chair kits are covered by the scope of the antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China because, as entered, they require further finishing and lack component parts, such that they do not meet the criteria for exclusion as finished merchandise; June 19, 2017. A–570–018 and C–570–019: Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China Requestor: Grainger International, Inc.; 14 storage cabinet models and 15 quick assembly bookcase models are not covered by the scope of the antidumping duty and/or countervailing duty orders on boltless steel shelving units prepacked for sale from the People’s Republic of China because neither product has a horizontal support member upon which a horizontal storage shelf sits, and the structural integrity of both products is provided by the open box design rather than vertical support members as required by the plain language of the scope; April 20, 2017. A–570–912 and C–570–913: Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China Requestor: Leviathan Corp. (Leviathan); Leviathan requested that Commerce find that its imports of certain mining and construction vehicle tires are excluded from the scope of antidumping order (A–570–912) and countervailing duty order (C–570–913) on off-the road tires from the PRC. We determined that Leviathan’s imports of three models of new pneumatic off-the-road tires, 37.5–39 Caterpillar 657E Wheel TractorScraper tires, 45/65–45 Caterpillar 992K Wheel Loader tires, and 27.00–49 Caterpillar 777G Off-Highway Truck tires, are not covered by the scope of the Orders; April 24, 2017. A–570–910 and C–570–911: Circular Welded Carbon-Quality Steel Pipe From the People’s Republic of China Requestor: Acme Manufacturing Company; Acme’s short round tubes are within the scope of the antidumping and countervailing duty orders on circular welded carbonquality steel pipe from the People’s Republic of China because the scope language is not limited to pipes of a certain length, to pipes made to an industry specification, or to pipes with a specific end-use; April 4, 2017. VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 A–570–891: Hand Trucks and Certain Parts Thereof From the People’s Republic of China Requestor: TreeKeeper LLC (TreeKeeper); TreeKeeper’s Adjustable Telescoping OrnamentKeeper is outside the scope of the antidumping duty order on hand trucks because the product is incapable of sliding under a load for the purposes of lifting and moving it; and TreeKeeper’s XL Tree Dolly is covered by the scope of the order; April 19, 2017. A–570–891: Hand Trucks and Certain Parts Thereof From the People’s Republic of China Requestor: Groupe Bugatti Group Inc. (Bugatti); Bugatti’s luggage cart, style No. CRT39, is covered by the scope of the order on hand trucks, because it meets the operational requirement of being capable of sliding under a load, and lacks the telescoping frame necessary to meet the luggage cart exclusion; June 30, 2017. A–570–914 and C–570–915: Light-walled Rectangular Pipe and Tube From the People’s Republic of China Requestor: Acme Manufacturing Company; Black and perforated square tubes are covered by the scope of the antidumping duty and countervailing duty orders on lightwalled rectangular pipe and tube from the People’s Republic of China because they possess all of the physical characteristics of subject merchandise that are described in the scope; April 26, 2017. A–570–970 and C–570–971: Multilayered Wood Flooring From the People’s Republic of China Requestor: DunHua SenTai Wood Co., Ltd.; Two-layer wood flooring products are not covered by the scope of the antidumping and countervailing duty orders on multilayered wood flooring from the People’s Republic of China because they lack the requisite two or more layers or plies of wood veneer in combination with a core; April 7, 2018. A–570–875: Non-Malleable Cast Iron Pipe Fittings From the People’s Republic of China Requestor: U.V. International LLC (U.V. International); U.V. International’s ductile iron flanges identified by product codes DPF003 and DPF004 are within the scope of the order; May 12, 2017. A–570–943 and C–570–944: Oil Country Tubular Goods From the People’s Republic of China Requestor: Cameron International Corporation; Unfinished packoff support bushings, unfinished mandrel casing hangers, and unfinished casing head housings (intended for use in an aboveground multibowl wellhead systems) are not covered by the scope of the antidumping and countervailing duty orders; June 30, 2017. A–570–924: Polyethylene Terephthalate film, sheet and strip From the People’s Republic of China Requestor: UPM Raflatac; The imported glycol-modified polyethylene terephthalate (PETG) shrink film is outside the scope of the antidumping duty order on polyethylene terephthalate film, sheet and strip from the People’s Republic of China because it PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 constitutes shrink film that is not bi-axially oriented; May 12, 2017. A–570–956 and C–570–957: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China Requestor: Commercial Honing LLC dba Commercial Fluid Power; Ten different seamless pipe products are not covered by the scope of the antidumping and countervailing duty orders on certain seamless steel tubing from the People’s Republic of China because the mechanical tubing does not meet the dimensional requirements, i.e., outside diameter and wall thickness, described in the exception to the exclusion, of ASTM A–53, ASTM A–106, or API 5L specifications; May 16, 2017. Interested parties are invited to comment on the completeness of this list of completed scope inquiries. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, 1401 Constitution Avenue NW, APO/Dockets Unit, Room 18022, Washington, DC 20230. This notice is published in accordance with 19 CFR 351.225(o). Dated: June 29, 2018. Scot Fullerton, Director, Office VI, Antidumping and Countervailing Duty Operations. [FR Doc. 2018–14620 Filed 7–6–18; 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 Semiannual Antidumping Duty New Shipper Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 23, 2018, the Department of Commerce (Commerce) received a timely request for a semiannual new shipper review (NSR) from Jinxiang Infang Fruit & Vegetable Co., Ltd (Infang), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended. Commerce has determined that the request for a NSR of the antidumping duty order on Fresh Garlic from the People’s Republic of China (China) meets the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2017, through May 31, 2018. DATES: Applicable July 9, 2018. FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and AGENCY: E:\FR\FM\09JYN1.SGM 09JYN1 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956. SUPPLEMENTARY INFORMATION: Background Commerce published the antidumping duty order on fresh garlic from China in the Federal Register on November 16, 1994.1 On May 23, 2018, Commerce received a timely request for a NSR from Infang.2 Infang certified that it is the exporter of the fresh garlic upon which the request for a NSR is based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Infang certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).3 Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Infang 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.4 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 China.5 Infang also certified it had no subsequent shipments of subject merchandise.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Infang 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.7 Pursuant to 19 CFR 351.214(b)(2)(ii)(B), since Infang is the exporter, but not the producer of the subject merchandise, Infang’s producer, Jinxiang Excelink Foodstuffs Co., Ltd. (Excelink) certified: (1) That it did not export subject merchandise to the United States during the period of investigation; (2) that it has never been affiliated with any producer or exporter that did export of subject merchandise sradovich on DSK3GMQ082PROD with NOTICES 1 See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16, 1994). 2 See Infang’s Letter, ‘‘Fresh Garlic from the People’s Republic of China: Request for NewShipper Review,’’ dated May 23, 2018 (Infang’s NSR Request). 3 Id. at Exhibit 1. 4 Id. 5 Id. 6 Id. at 4. 7 Id. at Exhibit 3. VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 to the United States during the POI; and (3) that Excelink produced the subject merchandise exported by Infang in the relevant POR.8 Commerce queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Infang had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which Commerce examined was consistent with that provided by Infang in its request.9 In particular, the CBP data confirmed the price and quantity reported by Infang for the sale that forms the basis for this NSR request. 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 six-month period ending with the end of the semiannual anniversary month, the Secretary will initiate an NSR in the calendar month immediately following the semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) states that if the NSR was initiated in the month immediately following the semiannual anniversary month, the POR will be the six-month period immediately preceding the semiannual anniversary month. Infang made the request for an NSR, which 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 May, which is the semiannual anniversary month of the order. Infang also requested that Commerce use the discretion afforded it under 19 CFR 351.214(f)(2)(ii) to alter the POR to capture the entry. As stated by Infang, ‘‘{t}he invoice and export date of the shipment was during the six-month POR, but the shipment entered the United States . . . after this period.’’ 10 Based on the information provided by Infang, Commerce finds that extending the POR to capture the entry would not prevent the completion of the review within the time limits set by Commerce’s regulations. Therefore, in accordance with 19 CFR 351.214(f)(2)(ii), Commerce is extending the POR by one month. Accordingly, the at Exhibit 2. Memorandum, ‘‘New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China: U.S. Customs and Border Protection Entry Data,’’ dated June 18, 2018. 10 See Infang’s NSR Request at 4 (BPI omitted). PO 00000 8 Id. 9 See Frm 00021 Fmt 4703 Sfmt 4703 31735 POR is November 1, 2017, through May 31, 2018.11 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, Commerce finds that Infang’s request meets the threshold requirements for initiation of a NSR and, therefore, is initiating an NSR of Infang. Commerce 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.12 It is Commerce’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 countrywide rate (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company’s export activities.13 Accordingly, Commerce will issue questionnaires to Infang, 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 Infang is not subject to either de jure or de facto government control with respect to its exports of fresh garlic. 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 2015.14 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). 11 See 19 CFR 351.214(g)(1)(i)(B). section 751(a)(2)(B)(iv) of the Act. 13 See Import Administration Policy Bulletin, Number: 05.1. (https://ia.ita.doc.gov/policy/bull051.pdf). 14 The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing Commerce 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. 12 See E:\FR\FM\09JYN1.SGM 09JYN1 31736 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices Dated: July 2, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–14608 Filed 7–6–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Minority Business Development Agency Broad Agency Announcement 2018 Minority Business Development Agency (MBDA), Commerce. ACTION: Soliciting applications for technical assistance. AGENCY: The Minority Business Development Agency’s (MBDA) of the Department of Commerce is soliciting volunteers to serve as panelists to review and provide feedback to the 2018 Broad Agency Announcement. Specifically, the panelists will review applications submitted for 14 various projects and initiatives. DATES: MBDA will be accepting resumes and bios on a rolling basis to the 2018BAA@mbda.gov account through July 16, 2018. MBDA will review and approve reviewers on a first-come, firstserved basis. ADDRESSES: All submissions should be directed to 2018BAA@mbda.gov. FOR FURTHER INFORMATION CONTACT: Nakita Chambers, Program Manager, MBDA Office of Business Development, telephone: (202) 482–0065. Information about the 2018 Broad Agency Announcement can be obtained electronically via the internet at www.mbda.gov/2018BAA. SUPPLEMENTARY INFORMATION: MBDA, a bureau of the U.S. Department of Commerce, leads Federal Government efforts to promote the growth and global competitiveness of minority business enterprises (MBEs). MBDA has established key priorities designed to overcome the unique challenges faced by minority business enterprises (MBEs). MBDA is now initiating new approaches to serve MBEs that compliment Presidential priorities and U.S. Department of Commerce goals. The 2018 Broad Agency Announcement is a mechanism to encourage new activities, education, outreach, innovative projects or sponsorships that are not addressed through other MBDA programs. This program is not a method for awarding sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 congressionally directed funds or existing funded awards. MBDA is authorized pursuant to Executive Order 11625 to defray all or part of the costs of pilot or demonstration projects conducted by public or private agencies or organizations which are designed to overcome the special challenges of minority business enterprises. MBDA will provide Federal assistance to support innovative projects seeking to promote and ensure the inclusion and use of minority enterprises in one or more of the following: (1) Access to capital; (2) American Indian, Alaska Native, and Native Hawaiian project; (3) aquaculture; (4) disaster recovery; (5) disaster readiness; (6) Global Minority Women Economic Empowerment Initiative; (7) Historically Black Colleges and Universities (HBCU) Initiative; (8) an entrepreneurship education program for formerly incarcerated persons; (9) inclusive infrastructure initiative; (10) research; (11) space commerce; (12) a sustainable business model; (13) technology transfer and commercialization; and (14) a virtual business center. MBDA announced the Federal Funding Opportunity for the 2018 Broad Agency Announcement (BAA) on June 11, 2018, and intends to award funds no later than September 1, 2018. MBDA will receive applications until July 11, 2018 for awards under the 2018 BAA. MBDA will conduct merit review panels from July 16, 2018 through July 31, 2018. As a reviewer, you will play a critical role in the evaluation of the 2018 BAA applications. Your recommendations will be used by MBDA in determining whether to approve the applications for the initiatives listed above. In order to be a reviewer, you must be an individual with expertise and/or experience in state, local, or federal grants management, private sector business development, minority business development, or any of the 14 categories listed above as initiatives. All potential reviewers must submit a resume or bio with the information below. Potential reviewers should submit this information to the 2018BAA@mbda.gov email account. Name. Residence (city and State). Email and telephone number. Last or Current Position (including retired). Dated: July 3, 2018. Josephine Arnold, Chief Counsel, Minority Business Development Agency. [FR Doc. 2018–14660 Filed 7–6–18; 8:45 am] BILLING CODE P PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG332 Endangered Species; File No. 21858 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that NMFS Greater Atlantic Region Fisheries Office (GARFO), 55 Great Republic Drive, Gloucester MA 01930 [Responsible Party: Julie Crocker], has applied in due form for a permit to take Atlantic (Acipenser oxyrinchus) and shortnose (A. brevirostrum) sturgeon parts for purposes of scientific research. DATES: Written, telefaxed, or email comments must be received on or before August 8, 2018. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 21858 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. 21858 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Erin Markin or Jennifer Skidmore, (301) 427– 8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). SUMMARY: E:\FR\FM\09JYN1.SGM 09JYN1

Agencies

[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31734-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14608]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Semiannual Antidumping Duty New Shipper Review; 2017-2018

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

SUMMARY: On May 23, 2018, the Department of Commerce (Commerce) 
received a timely request for a semiannual new shipper review (NSR) 
from Jinxiang Infang Fruit & Vegetable Co., Ltd (Infang), in accordance 
with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended. 
Commerce has determined that the request for a NSR of the antidumping 
duty order on Fresh Garlic from the People's Republic of China (China) 
meets the statutory and regulatory requirements for initiation. The 
period of review (POR) is November 1, 2017, through May 31, 2018.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations, 
Office VII, Enforcement and

[[Page 31735]]

Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; 
telephone: (202) 482-4956.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the antidumping duty order on fresh garlic from 
China in the Federal Register on November 16, 1994.\1\ On May 23, 2018, 
Commerce received a timely request for a NSR from Infang.\2\ Infang 
certified that it is the exporter of the fresh garlic upon which the 
request for a NSR is based. Pursuant to section 751(a)(2)(B)(i)(I) of 
the Act and 19 CFR 351.214(b)(2)(i), Infang certified that it did not 
export fresh garlic for sale to the United States during the period of 
investigation (POI).\3\ Moreover, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Infang 
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.\4\ 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 China.\5\ 
Infang also certified it had no subsequent shipments of subject 
merchandise.\6\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
    \2\ See Infang's Letter, ``Fresh Garlic from the People's 
Republic of China: Request for New-Shipper Review,'' dated May 23, 
2018 (Infang's NSR Request).
    \3\ Id. at Exhibit 1.
    \4\ Id.
    \5\ Id.
    \6\ Id. at 4.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Infang 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.\7\
---------------------------------------------------------------------------

    \7\ Id. at Exhibit 3.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.214(b)(2)(ii)(B), since Infang is the 
exporter, but not the producer of the subject merchandise, Infang's 
producer, Jinxiang Excelink Foodstuffs Co., Ltd. (Excelink) certified: 
(1) That it did not export subject merchandise to the United States 
during the period of investigation; (2) that it has never been 
affiliated with any producer or exporter that did export of subject 
merchandise to the United States during the POI; and (3) that Excelink 
produced the subject merchandise exported by Infang in the relevant 
POR.\8\
---------------------------------------------------------------------------

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

    Commerce queried the database of U.S. Customs and Border Protection 
(CBP) in an attempt to confirm that the shipment reported by Infang had 
entered the United States for consumption and that liquidation had been 
properly suspended for antidumping duties. The information which 
Commerce examined was consistent with that provided by Infang in its 
request.\9\ In particular, the CBP data confirmed the price and 
quantity reported by Infang for the sale that forms the basis for this 
NSR request.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``New Shipper Review of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China: U.S. 
Customs and Border Protection Entry Data,'' dated June 18, 2018.
---------------------------------------------------------------------------

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 six-month period ending with 
the end of the semiannual anniversary month, the Secretary will 
initiate an NSR in the calendar month immediately following the 
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) 
states that if the NSR was initiated in the month immediately following 
the semiannual anniversary month, the POR will be the six-month period 
immediately preceding the semiannual anniversary month. Infang made the 
request for an NSR, which 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 May, 
which is the semiannual anniversary month of the order. Infang also 
requested that Commerce use the discretion afforded it under 19 CFR 
351.214(f)(2)(ii) to alter the POR to capture the entry. As stated by 
Infang, ``{t{time} he invoice and export date of the shipment was 
during the six-month POR, but the shipment entered the United States . 
. . after this period.'' \10\ Based on the information provided by 
Infang, Commerce finds that extending the POR to capture the entry 
would not prevent the completion of the review within the time limits 
set by Commerce's regulations. Therefore, in accordance with 19 CFR 
351.214(f)(2)(ii), Commerce is extending the POR by one month. 
Accordingly, the POR is November 1, 2017, through May 31, 2018.\11\
---------------------------------------------------------------------------

    \10\ See Infang's NSR Request at 4 (BPI omitted).
    \11\ See 19 CFR 351.214(g)(1)(i)(B).
---------------------------------------------------------------------------

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, Commerce finds that Infang's request 
meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating an NSR of Infang. Commerce 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.\12\
---------------------------------------------------------------------------

    \12\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------

    It is Commerce'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.\13\ 
Accordingly, Commerce will issue questionnaires to Infang, 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 Infang is not subject to either de jure or 
de facto government control with respect to its exports of fresh 
garlic.
---------------------------------------------------------------------------

    \13\ See Import Administration Policy Bulletin, Number: 05.1. 
(https://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------

    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.\14\
---------------------------------------------------------------------------

    \14\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
Commerce 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).


[[Page 31736]]


    Dated: July 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-14608 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P

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