Fresh Garlic From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 63479-63482 [2018-26652]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.6 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.7
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance. All documents must
be filed electronically using ACCESS,
which is available to registered users at
https://access.trade.gov. An
electronically filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.8 Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1) and (2).
Assessment Rates
Upon issuance of the final results,
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries covered by this
revised POR. If Sidenor’s weightedaverage dumping margin continues to be
above de minimis in the final results of
this review, we will calculate importerspecific assessment rates based on the
ratio of the total amount of antidumping
duties calculated for each importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).9 If Sidenor’s
6 See
19 CFR 351.309(d).
19 CFR 351.303 (for general filing
requirements).
8 See 19 CFR 351.310(c).
9 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
7 See
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
weighted-average dumping margin is
zero or de minimis in the final results
of this review, we will instruct CBP not
to assess duties on any of its entries in
accordance with the Final Modification
for Reviews.10
For entries of subject merchandise
during the POR produced by Sidenor for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company or companies involved in the
transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
In the Revocation Notice, Commerce
stated that it would issue instructions to
CBP to terminate the suspension of
liquidation and to discontinue the
collection of cash deposits on entries of
subject merchandise, entered or
withdrawn from warehouse, on or after
August 9, 2017.11 On October 19, 2018,
Commerce issued liquidation
instructions to CBP.12 Furthermore,
because the antidumping duty order on
SSB from Spain has been revoked as a
result of the Revocation Notice,
Commerce will not issue cash deposit
instructions at the conclusion of this
administrative review.
63479
Dated: December 3, 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.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
(1) Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
(2) Product Comparisons
(3) Date of Sale
(4) Level of Trade/CEP Offset
(5) Export Price
(6) Normal Value
A. Home Market Viability and Comparison
Market
B. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
C. Calculation of Normal Value Based on
Comparison Market Prices
D. Price-to-Constructed Value Comparison
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2018–26650 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Notification to Importers
International Trade Administration
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 POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1) and 351.221(b)(4).
[A–570–831]
(February 14, 2012) (Final Modification for
Reviews).
10 See Final Modification for Reviews, 77 FR at
8102.
11 See Revocation Notice, 83 FR at 49911.
12 See Commerce Letter re: Sunset Revocation of
Antidumping Duty Orders—U.S. Customs and
Border Protection (CBP) Liquidation Instructions,
dated November 26, 2018.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Fresh Garlic From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that exporters of fresh garlic from the
People’s Republic of China (China) sold
merchandise in the United States at
prices below normal value (NV) during
the period of review (POR), November 1,
2016, through October 31, 2017. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable December 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
AGENCY:
E:\FR\FM\10DEN1.SGM
10DEN1
63480
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
DC 20230; telephone: (202) 482–6251 or
(202) 482–4956.
Methodology
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 ‘‘Scope of the Order’’
in the accompanying Preliminary
Decision Memorandum.3
Commerce is conducting these
reviews in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.214. Export prices were
calculated in accordance with section
772(a) of the Act. Because China is a
non-market economy (NME) within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) 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 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.
Partial Rescission of Administrative
Review
Preliminary Determination of No
Shipments
On January 11, 2018, Commerce
initiated a review of 53 companies in
this administrative review.4 The
mandatory respondents are Shandong
Jinxiang Zhengyang Import & Export
Co., Ltd. (Zhengyang) and Qingdao Sealine International Trading Co. Ltd. (Sealine). Between March 27, 2018, and
April 12, 2018, review requests were
timely withdrawn for twelve
companies.5 Commerce is, therefore,
partially rescinding this administrative
review with respect to the companies
listed in Appendix I, in accordance with
19 CFR 351.213(d)(1).
As discussed at ‘‘Preliminary
Determination of No Shipments’’ in the
accompanying Preliminary Decision
Memorandum, the QTF-Entity 6 and
Jining Shengtai Fruits and Vegetables
Co., Ltd. (Shengtai) filed ‘‘no shipment’’
certifications stating that they had no
entries into the United States of subject
merchandise during the POR.
Accordingly, we requested that U.S.
Customs and Border Protection (CBP)
conduct a query of potential shipments
made by the QTF-Entity and Shengtai.
Based on the company certifications and
our analysis of CBP information, we
preliminarily determine that the
companies listed in Appendix III did
not have any shipments of subject
merchandise during the POR. In
addition, we find that it is appropriate
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2018, Commerce
initiated the twenty-third administrative
review of fresh garlic from China with
respect to 53 companies and invited
interested parties to comment.1
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through January 22, 2018. As a result,
all deadlines in this segment of the
proceeding have been extended by three
days.2
Scope of the Order
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018 (Tolling Memorandum).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Final Rescission, In
Part, of the 2016–2017 Antidumping Duty
Administrative Review: Fresh Garlic from the
People’s Republic of China’’ (November 30, 2018)
(Preliminary Decision Memorandum).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018).
5 See Preliminary Decision Memorandum at 3.
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
6 The QTF-Entity includes Qingdao Lianghe
International Trade Co., Ltd. (Lianghe); Qingdao
Xintianfeng Foods Co., Ltd. (QXF); Qingdao
Tiantaixing Foods Co., Ltd. (QTF); Qingdao
Tianhefeng Foods Co., Ltd. (QTHF); Qingdao
Beixing Trading Co., Ltd. (QBT); Hebei Golden Bird
Trading Co., Ltd.; and Huamei Consulting. See
Memorandum, ‘‘23rd Administrative Review of the
Antidumping Duty Order on Fresh Garlic from the
People’s Republic of China: Status of the QTFEntity,’’ dated October 22, 2018 at Attachment.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
to complete the administrative review
with respect to these companies and
intend to issue appropriate instructions
to CBP based on the final results of the
administrative review.7
Verification
As provided in section 19 CFR
351.307, we intend to verify information
relied upon in the final results of the
review.
Preliminary Determination of Separate
Rates for Non-Selected Companies
In accordance with section
777A(c)(2)(B) of the Act, Commerce
employed a limited examination
methodology, as we determined that it
would not be practicable to examine
individually all companies for which a
review request was made.8 There were
six exporters of subject merchandise
from China that have demonstrated their
eligibility for a separate rate but were
not selected for individual examination
in this review. These six exporters are
listed in Appendix II.
Neither the Act nor Commerce’s
regulations address the establishment of
the rate applied to individual
companies not selected for examination
where Commerce limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Commerce’s practice in cases
involving limited selection based on
exporters accounting for the largest
volume of imports 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 Commerce 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 weighted-average dumping
margins for Zhengyang and Sea-line,
and consistent with our practice,
calculated an all-others rate for the
companies to which it granted separate
rate status, but which it did not
individually examine.9
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also
‘‘Assessment Rates’’ section below.
8 See Memorandum, ‘‘Selection of Respondents
for Individual Examination,’’ dated February 28,
2018.
9 See Memorandum, ‘‘Calculation of the
Preliminary Dumping Margin for Separate Rate
Recipients,’’ dated November 30, 2018.
E:\FR\FM\10DEN1.SGM
10DEN1
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
review.10 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested, and
Commerce did not self-initiate, a review
of the China-wide entity for this POR,
the entity is not under review and the
entity’s rate (i.e., $4.71/kg) is not subject
to change.11 Aside from the no
shipments companies discussed below,
and the companies for which the review
is being rescinded, Commerce 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 China-wide entity. For
additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of Administrative
Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the
administrative review covering the
period November 1, 2016, through
October 31, 2017:
Weightedaverage
margin
(dollars per
kilogram)
Exporter
Shandong Jinxiang Zhengyang Import & Export Co., Ltd. .................................................................................................................
Qingdao Sea-Line International Trading Co., Ltd. ..............................................................................................................................
Chengwu County Yuanxiang Industry & Commerce Co., Ltd .............................................................................................................
Jining Alpha Food Co., Ltd. .................................................................................................................................................................
Qingdao Maycarrier Import & Export Co., Ltd. ....................................................................................................................................
Shandong Chenhe International Trading Co., Ltd. .............................................................................................................................
Shandong Happy Foods Co., Ltd. .......................................................................................................................................................
Weifang Hongqiao International Logistics Co., Ltd. ............................................................................................................................
Disclosure, Public Comment and
Opportunity To Request a Hearing
Commerce intends to disclose the
calculations used in our analyses to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted by interested parties
no later than seven days after the date
on which the final verification report is
issued in these proceedings and rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.13 Any electronically
filed document must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by the date and time it is due.
Pursuant to 19 CFR 351.310, any
interested party may request a hearing
within 30 days of publication of this
notice. 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. If a party requests a
hearing, Commerce will inform parties
of the scheduled date for the hearing
which will be held at the U.S.
Department of Commerce, 1401
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.
Commerce intends to issue the final
results of these reviews, 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.
10 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).
11 See Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission of the
13th Antidumping Duty Administrative Review and
New Shipper Reviews, 74 FR 29174 (June 19, 2009).
12 See 19 CFR 351.309. See also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). 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). Commerce intends
to issue appropriate assessment
instructions with respect to the
companies for which this review is
rescinded to CBP 15 days after the
publication of this notice. For the
PO 00000
Frm 00016
Fmt 4703
63481
Sfmt 4703
2.87
4.60
3.69
3.69
3.69
3.69
3.69
3.69
remaining companies subject to review,
Commerce 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.
Commerce intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
review.
Pursuant to Commerce’s assessment
practice in NME cases, 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), Commerce will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if
Commerce 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
China-wide rate.14
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 China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections 751(a)(2)
13 See
19 CFR 351.309(c)(2).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
14 For
E:\FR\FM\10DEN1.SGM
10DEN1
63482
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
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
Chinese and non-Chinese 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 Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 4.71 U.S.
dollars per kilogram; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
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
Commerce’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,
and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: November 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary of
Enforcement and Compliance.
Appendix I
Companies for Which Administrative
Reviews Have Been Rescinded
1. Foshan Fuyi Food Co., Ltd.
2. Jining Shunchang Import & Export Co.,
Ltd.
3. Jinxiang Feiteng Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Jinxiang Kingkey Trade Co., Ltd.
6. Qingdao Joinseafoods
7. Shenzhen Bainong Co., Ltd.
8. Shenzhen Xinboda Industrial Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Weifang Naike Food Co., Ltd.
11. Zhengzhou Harmoni Spice Co., Ltd.
12. Zhengzhou Yudishengjin Agricultural
Trade Co., Ltd.
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
Appendix II
Non-Selected Separate Rate Companies
1. Chengwu County Yuanxiang Industry &
Commerce Co., Ltd
2. Jining Alpha Food Co., Ltd.
3. Qingdao Maycarrier Import & Export Co.,
Ltd.
4. Shandong Chenhe International Trading
Co., Ltd.
5. Shandong Happy Foods Co., Ltd.
6. Weifang Hongqiao International Logistics
Co., Ltd.
Appendix III
Companies That Have Certified No
Shipments
1. QTF-Entity
2. Jining Shengtai Fruits & Vegetables Co.,
Ltd.
[FR Doc. 2018–26652 Filed 12–7–18; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Public Comment for the NOAA
Research and Development Plan
National Oceanic and
Atmospheric Administration (NOAA),
Office of Oceanic and Atmospheric
Research (OAR), Department of
Commerce (DOC).
ACTION: Notice of public comment.
AGENCY:
This notice sets forth a public
comment for NOAA’s Research and
Development (R&D) Plan set for release
in 2019. NOAA R&D is an investment in
the scientific knowledge and technology
that will allow the United States to
protect lives and property, adapt to
challenges, sustain a strong economy,
and manage natural resources. The R&D
strategic plan will provide a common
understanding among NOAA’s
leadership, workforce, partners, and
constituents on the value and direction
of NOAA R&D activities.
DATES: Comments are due by February
8, 2019.
Please refer to the web page https://
nrc.noaa.gov/CouncilProducts/Research
Plans.aspx to find the previous NOAA
R&D plan.
ADDRESSES: Submit public comments
via email to noaa.rdplan@noaa.gov.
Include ‘‘NOAA R&D Plan Public
Comment’’ in the subject line of the
message. All comments received are
part of the public record.
FOR FURTHER INFORMATION CONTACT: Dr.
Gary Matlock, Deputy Assistant
Administrator for Science, NOAA, Rm.
11461, 1315 East-West Highway, Silver
Spring, Maryland 20910. (Phone: 301–
734–1185, Email: gary.c.matlock@
SUMMARY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
noaa.gov)or visit the NOAA RDEC
website at https://nrc.noaa.gov/About/
Committees.aspx.
SUPPLEMENTARY INFORMATION: Key vision
statement areas of the plan include: (1)
Reduced societal impacts from severe
weather and other environmental
phenomena; (2) Sustainable use of
ocean and coastal resources; and (3) A
robust and effective research,
development, and transition enterprise.
Comments may address the proposed
vision statements as well as key
questions, objectives, document
structure, and other content and
formatting aspects to consider for a draft
R&D Plan.
Dated: October 31, 2018.
David Holst,
Chief Financial Officer/Administrative
Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric
Administration.
[FR Doc. 2018–26131 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–KD–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG319
Marine Mammals; File No. 22294
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; withdrawal of
application.
AGENCY:
Notice is hereby given that
Plimsoll Productions, Whiteladies
House, 51–55 Whiteladies Road, Clifton,
Bristol, BS8 2LY, United Kingdom
(Responsible Party: Bill Markham) has
withdrawn their application for a permit
to conduct commercial or educational
photography on bottlenose dolphins
(Tursiops truncatus).
ADDRESSES: The application and related
documents are available for review
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.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Sara Young, (301) 427–
8401.
SUPPLEMENTARY INFORMATION: On July 2,
2018, notice was published in the
Federal Register (83 FR 30916) that a
request for a permit to conduct
commercial or educational photography
had been submitted by the above-named
SUMMARY:
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63479-63482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26652]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that exporters of fresh garlic from the People's Republic of China
(China) sold merchandise in the United States at prices below normal
value (NV) during the period of review (POR), November 1, 2016, through
October 31, 2017. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 10, 2018.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
[[Page 63480]]
DC 20230; telephone: (202) 482-6251 or (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2018, Commerce initiated the twenty-third
administrative review of fresh garlic from China with respect to 53
companies and invited interested parties to comment.\1\ Commerce
exercised its discretion to toll all deadlines affected by the closure
of the Federal Government from January 20 through January 22, 2018. As
a result, all deadlines in this segment of the proceeding have been
extended by three days.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
---------------------------------------------------------------------------
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 ``Scope of the Order'' in the accompanying Preliminary
Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Final Rescission, In Part, of the 2016-2017 Antidumping
Duty Administrative Review: Fresh Garlic from the People's Republic
of China'' (November 30, 2018) (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
On January 11, 2018, Commerce initiated a review of 53 companies in
this administrative review.\4\ The mandatory respondents are Shandong
Jinxiang Zhengyang Import & Export Co., Ltd. (Zhengyang) and Qingdao
Sea-line International Trading Co. Ltd. (Sea-line). Between March 27,
2018, and April 12, 2018, review requests were timely withdrawn for
twelve companies.\5\ Commerce is, therefore, partially rescinding this
administrative review with respect to the companies listed in Appendix
I, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018).
\5\ See Preliminary Decision Memorandum at 3.
---------------------------------------------------------------------------
Methodology
Commerce is conducting these reviews in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.214. Export prices were calculated in
accordance with section 772(a) of the Act. Because China is a non-
market economy (NME) within the meaning of section 771(18) of the Act,
NV has been calculated in accordance with section 773(c) 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 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 Determination of No Shipments
As discussed at ``Preliminary Determination of No Shipments'' in
the accompanying Preliminary Decision Memorandum, the QTF-Entity \6\
and Jining Shengtai Fruits and Vegetables Co., Ltd. (Shengtai) filed
``no shipment'' certifications stating that they had no entries into
the United States of subject merchandise during the POR. Accordingly,
we requested that U.S. Customs and Border Protection (CBP) conduct a
query of potential shipments made by the QTF-Entity and Shengtai. Based
on the company certifications and our analysis of CBP information, we
preliminarily determine that the companies listed in Appendix III did
not have any shipments of subject merchandise during the POR. In
addition, we find that it is appropriate to complete the administrative
review with respect to these companies and intend to issue appropriate
instructions to CBP based on the final results of the administrative
review.\7\
---------------------------------------------------------------------------
\6\ The QTF-Entity includes Qingdao Lianghe International Trade
Co., Ltd. (Lianghe); Qingdao Xintianfeng Foods Co., Ltd. (QXF);
Qingdao Tiantaixing Foods Co., Ltd. (QTF); Qingdao Tianhefeng Foods
Co., Ltd. (QTHF); Qingdao Beixing Trading Co., Ltd. (QBT); Hebei
Golden Bird Trading Co., Ltd.; and Huamei Consulting. See
Memorandum, ``23rd Administrative Review of the Antidumping Duty
Order on Fresh Garlic from the People's Republic of China: Status of
the QTF-Entity,'' dated October 22, 2018 at Attachment.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Verification
As provided in section 19 CFR 351.307, we intend to verify
information relied upon in the final results of the review.
Preliminary Determination of Separate Rates for Non-Selected Companies
In accordance with section 777A(c)(2)(B) of the Act, Commerce
employed a limited examination methodology, as we determined that it
would not be practicable to examine individually all companies for
which a review request was made.\8\ There were six exporters of subject
merchandise from China that have demonstrated their eligibility for a
separate rate but were not selected for individual examination in this
review. These six exporters are listed in Appendix II.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated February 28, 2018.
---------------------------------------------------------------------------
Neither the Act nor Commerce's regulations address the
establishment of the rate applied to individual companies not selected
for examination where Commerce limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Commerce's practice in cases involving limited selection based on
exporters accounting for the largest volume of imports 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 Commerce 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
weighted-average dumping margins for Zhengyang and Sea-line, and
consistent with our practice, calculated an all-others rate for the
companies to which it granted separate rate status, but which it did
not individually examine.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Calculation of the Preliminary Dumping
Margin for Separate Rate Recipients,'' dated November 30, 2018.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative
[[Page 63481]]
review.\10\ Under this policy, the China-wide entity will not be under
review unless a party specifically requests, or Commerce self-
initiates, a review of the entity. Because no party requested, and
Commerce did not self-initiate, a review of the China-wide entity for
this POR, the entity is not under review and the entity's rate (i.e.,
$4.71/kg) is not subject to change.\11\ Aside from the no shipments
companies discussed below, and the companies for which the review is
being rescinded, Commerce 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 China-wide entity. For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ 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).
\11\ See Fresh Garlic from the People's Republic of China: Final
Results and Partial Rescission of the 13th Antidumping Duty
Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19,
2009).
---------------------------------------------------------------------------
Preliminary Results of Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period November 1, 2016, through October 31, 2017:
------------------------------------------------------------------------
Weighted-
average margin
Exporter (dollars per
kilogram)
------------------------------------------------------------------------
Shandong Jinxiang Zhengyang Import & Export Co., Ltd.... 2.87
Qingdao Sea-Line International Trading Co., Ltd......... 4.60
Chengwu County Yuanxiang Industry & Commerce Co., Ltd... 3.69
Jining Alpha Food Co., Ltd.............................. 3.69
Qingdao Maycarrier Import & Export Co., Ltd............. 3.69
Shandong Chenhe International Trading Co., Ltd.......... 3.69
Shandong Happy Foods Co., Ltd........................... 3.69
Weifang Hongqiao International Logistics Co., Ltd....... 3.69
------------------------------------------------------------------------
Disclosure, Public Comment and Opportunity To Request a Hearing
Commerce intends to disclose the calculations used in our analyses
to parties in this review within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted by
interested parties no later than seven days after the date on which the
final verification report is issued in these proceedings and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\13\ Any electronically
filed document must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by the date and time it
is due.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general
filing requirements).
\13\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 30 days of publication of this notice. 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. If a party
requests a hearing, Commerce will inform parties of the scheduled date
for the hearing which will be held at the U.S. Department of Commerce,
1401 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.
Commerce intends to issue the final results of these reviews,
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, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). 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). Commerce
intends to issue appropriate assessment instructions with respect to
the companies for which this review is rescinded to CBP 15 days after
the publication of this notice. For the remaining companies subject to
review, Commerce 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. Commerce intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of review.
Pursuant to Commerce's assessment practice in NME cases, 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), Commerce will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if Commerce 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 China-wide rate.\14\
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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 China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)
[[Page 63482]]
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
Chinese and non-Chinese 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 Chinese
exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 4.71 U.S. dollars per kilogram; and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese 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 Commerce'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, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: November 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary of Enforcement and Compliance.
Appendix I
Companies for Which Administrative Reviews Have Been Rescinded
1. Foshan Fuyi Food Co., Ltd.
2. Jining Shunchang Import & Export Co., Ltd.
3. Jinxiang Feiteng Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Jinxiang Kingkey Trade Co., Ltd.
6. Qingdao Joinseafoods
7. Shenzhen Bainong Co., Ltd.
8. Shenzhen Xinboda Industrial Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Weifang Naike Food Co., Ltd.
11. Zhengzhou Harmoni Spice Co., Ltd.
12. Zhengzhou Yudishengjin Agricultural Trade Co., Ltd.
Appendix II
Non-Selected Separate Rate Companies
1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd
2. Jining Alpha Food Co., Ltd.
3. Qingdao Maycarrier Import & Export Co., Ltd.
4. Shandong Chenhe International Trading Co., Ltd.
5. Shandong Happy Foods Co., Ltd.
6. Weifang Hongqiao International Logistics Co., Ltd.
Appendix III
Companies That Have Certified No Shipments
1. QTF-Entity
2. Jining Shengtai Fruits & Vegetables Co., Ltd.
[FR Doc. 2018-26652 Filed 12-7-18; 8:45 a.m.]
BILLING CODE 3510-DS-P
