Dried Tart Cherries From the Republic of Turkey: Initiation of Countervailing Duty Investigation, 22813-22817 [2019-10438]
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Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
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Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.40
Parties must use the certification
formats provided in 19 CFR
351.303(g).41 Commerce intends to
40 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule).
41 See
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reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Investigation
The scope of this investigation covers dried
tart cherries, which may also be referred to
as, e.g., dried sour cherries or dried red tart
cherries. Dried tart cherries may be processed
from any variety of tart cherries. Tart cherries
are generally classified as Prunus cerasus.
Types of tart cherries include, but are not
limited to, Amarelle, Kutahya, Lutowka,
Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the scope
of this investigation regardless of the
horticulture method through which the
cherries were produced (e.g., organic or not),
whether or not they contain any added sugar
or other sweetening matter, whether or not
they are coated in oil or rice flour, whether
infused or not infused, and regardless of the
infusion ingredients, including sugar,
sucrose, fruit juice, and any other infusion
ingredients. The scope includes partially
rehydrated dried tart cherries that retain the
character of dried fruit. The subject
merchandise covers all shapes, sizes, and
colors of dried tart cherries, whether pitted
or unpitted, and whether whole, chopped,
minced, crumbled, broken, or otherwise
reduced in size. The scope covers dried tart
cherries in all types of packaging, regardless
of the size or packaging material.
Included in the scope of this investigation
are dried tart cherries that otherwise meet the
definition above that are packaged with nonsubject products, including, but not limited
to, mixtures of dried fruits and mixtures of
dried fruits and nuts, where the smallest
individual packaging unit of any such
product contains a majority (i.e., 50 percent
or more) of dried tart cherries by dry net
weight. Only the dried tart cherry
components of such products are covered by
this investigation; the scope does not include
the non-subject components of such
products.
Frm 00008
Included in the scope of this investigation
are dried tart cherries that have been further
processed in a third country, including but
not limited to processing by stabilizing,
preserving, sweetening, adding oil or syrup,
coating, chopping, mincing, crumbling,
packaging with non-subject products, or
other packaging, or any other processing that
would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the dried tart cherries.
Excluded from the scope of this
investigation are dried tart cherries that have
been incorporated as an ingredient in
finished bakery and confectionary items
(cakes, cookies, candy, granola bars, etc.).
The subject merchandise is currently
classifiable under 0813.40.3000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). The subject merchandise
may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060,
2006.00.2000, 2006.00.5000, and
2008.60.0060. The HTSUS subheadings set
forth above are provided for convenience and
U.S. customs purposes only. The written
description of the scope is dispositive.
[FR Doc. 2019–10439 Filed 5–17–19; 8:45 am]
BILLING CODE 3510–DS–P
Appendix
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–836]
Dried Tart Cherries From the Republic
of Turkey: Initiation of Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Maria Tatarska at (202) 482–1562 or
Ajay Menon at (202) 482–1993, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 23, 2019, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
Petition concerning imports of dried tart
cherries (cherries) from the Republic of
Turkey (Turkey), filed in proper form on
behalf of the Dried Tart Cherry Trade
Committee (the petitioner), a trade
association whose members produce the
domestic like product in the United
States (i.e., cherries).1 The Petition was
1 See the Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
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accompanied by an antidumping duty
(AD) Petition concerning imports of
cherries from Turkey.
On April 25, 2019, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition.2 The petitioner submitted its
response on April 29, 2019.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of Turkey (GOT) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to cherry growers and
cherry processors in Turkey, and that
imports of such products are materially
injuring, or threatening material injury
to, the domestic cherries industry in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support necessary for the initiation of
the requested CVD investigation.4
Period of Investigation
Because the Petition was filed on
April 23, 2019, the period of
investigation is January 1, 2018, through
December 31, 2018.
Scope of the Investigation
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The product covered by this
investigation is cherries from Turkey.
For a full description of the scope of this
investigation, see the Appendix to this
notice.
Duties: Dried Tart Cherries from the Republic of
Turkey,’’ dated April 23, 2019 (the Petition).
2 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Dried Tart Cherries from the
Republic of Turkey: Supplemental Questions,’’
(General Issues Supplemental Questionnaire); and
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Dried Tart Cherries from the
Republic of Turkey: Supplemental Questions,’’ both
dated April 25, 2019.
3 See the Petitioner’s Letters, ‘‘Dried Tart Cherries
from Turkey: Response to General Issues
Questionnaire’’ (General Issues Supplement); and
‘‘Dried Tart Cherries from Turkey: Response to
Countervailing Duty Questionnaire,’’ both dated
April 29, 2019.
4 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
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Comments on the Scope of the
Investigation
During our review of the Petition,
Commerce issued questions to, and
received responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.5
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).6 Commerce will consider
all comments received from interested
parties and, if necessary, consult with
interested parties prior to the issuance
of the preliminary determination. To
facilitate preparation of its
questionnaires, Commerce requests that
all interested parties submit such
comments by 5:00 p.m. Eastern Time
(ET) on June 3, 2019, which is the next
business day after 20 calendar days from
the signature date of this notice.7 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 13, 2019, which
is 10 calendar days from the initial
comments deadline.8 If scope comments
or rebuttal comments include factual
information,9 all such factual
information should be limited to public
information.
Commerce requests that any factual
information parties consider relevant to
the scope of the investigation be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of both the AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).10
5 See General Issues Supplemental Questionnaire,
at 3–4; see also General Issues Supplement, at 3–
8.
6 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
7 Because the deadline falls on a Sunday (i.e.,
June 2, 2019), the deadline becomes the next
business day (i.e., June 3, 2019).
8 See 19 CFR 351.303(b).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
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An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
representatives of the GOT and the
European Union (EU) of the receipt of
the Petition and provided them the
opportunity for consultations with
respect to the Petition.11 Consultations
were held with the GOT on May 7,
2019.12 The EU did not request
consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling
%20Procedures.pdf.
11 See Commerce’s Letters, ‘‘Dried Tart Cherries
from the Republic of Turkey: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated April 25, 2019, and ‘‘Dried Tart
Cherries from the Republic of Turkey: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated April 30, 2019.
12 See Memorandum to the File, ‘‘Countervailing
Duty Petition on Dried Tart Cherries from the
Republic of Turkey: Consultations with the
Government of Turkey,’’ dated May 9, 2019.
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using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers, as a
whole, of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,13 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.15 Based on our analysis of
the information submitted on the
record, we have determined that
cherries, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.16
13 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F. 2d 240 (Fed. Cir. 1989)).
15 See Volume I of the Petition, at 11–13 and
Exhibit I–8.
16 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Dried Tart
Cherries from the Republic of Turkey (CVD
Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Dried Tart
Cherries from the Republic of Turkey (Attachment
II). The CVD Initiation Checklist is dated
concurrently with this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
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14 See
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In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided its own 2018
shipments of the domestic like product
and compared this to the estimated total
shipments of the domestic like product
for the entire domestic industry, as
reported by the Cherry Industry
Administrative Board.17 The petitioner
estimated the production of the
domestic like product for the entire
domestic industry based on shipment
data. This is because production data for
the entire domestic industry are not
available for 2018 and the petitioner has
established that shipments are a
reasonable proxy for data on production
of cherries.18 We relied on data
provided by the petitioner for purposes
of measuring industry support.19
Our review of the data provided in the
Petition, the General Issues Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.20 First, the
Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).21 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.22 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
Records Unit, Room B8024 of the main Department
of Commerce building.
17 See Volume I of the Petition, at 6–7 and
Exhibits I–2 and I–5; see also General Issues
Supplement, at 8–10 and Exhibit 11.
18 See Volume I of the Petition, at 6–7 and
Exhibits I–2 and I–5; see also General Issues
Supplement, at Exhibit 11.
19 For further discussion, see CVD Initiation
Checklist, at Attachment II.
20 See CVD Initiation Checklist, at Attachment II.
21 See id.; see also section 702(c)(4)(D) of the Act.
22 See CVD Initiation Checklist, at Attachment II.
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22815
the Petition.23 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.
Injury Test
Because Turkey is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Turkey
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.24
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression;
adverse impact on the domestic
industry’s production, capacity
utilization, U.S. shipments,
employment, and financial and
operating performance; and lost sales
and revenues.25 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.26
Initiation of CVD Investigation
Based on the examination of the
Petition, we find that it meets the
requirements of section 702 of the Act.
Therefore, we are initiating a CVD
investigation to determine whether
imports of cherries from Turkey benefit
from countervailable subsidies
conferred by the GOT. In accordance
with section 703(b)(1) of the Act and 19
23 Id.
24 See Volume I of the Petition, at 18 and Exhibit
I–10.
25 Id. at 15–27 and Exhibits I–5, I–9, I–10, I–13,
and I–14.
26 See CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Dried Tart
Cherries from the Republic of Turkey.
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CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determination no later than 65 days
after the date of this initiation.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 28 of the 29 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Respondent Selection
In the Petition, the petitioner named
24 companies in Turkey as producers/
exporters of cherries.27 Commerce
intends to follow its standard practice in
CVD investigations and calculate
company-specific subsidy rates in this
investigation. In the event Commerce
determines that the number of
companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of cherries
from Turkey during the period of
investigation under the appropriate
Harmonized Tariff Schedule of the
United States numbers listed in the
‘‘Scope of the Investigation,’’ in the
Appendix.
On May 6, 2019, Commerce released
CBP data under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment regarding
the CBP data and respondent selection
must do so within three business days
of the publication date of the notice of
initiation of this CVD investigation.28
Commerce will not accept rebuttal
comments regarding the CBP data or
respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on the Commerce’s
website at https://enforcement.trade.gov/
apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
27 See
Volume III of the Petitions, at Exhibit III–
1.
28 See Memorandum to the File, ‘‘Dried Tart
Cherries from the Republic of Turkey
Countervailing Duty Petition: Release of Customs
Data from U.S. Customs and Border Protection,’’
dated May 6, 2019.
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the date noted above. We intend to
finalize our decisions regarding
respondent selection within 20 days of
publication of this notice.
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
Distribution of Copies of the Petition
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR–
2013–09–20/html/2013–22853.htm,
prior to submitting factual information
in this investigation.
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the GOT via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the
Petition to each exporter named in the
Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
cherries from Turkey are materially
injuring, or threatening material injury
to, a U.S. industry.29 A negative ITC
determination in Turkey will result in
the investigation being terminated.30
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 31 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.32 Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
29 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
31 See 19 CFR 351.301(b).
32 See 19 CFR 351.301(b)(2).
30 See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.33
Parties must use the certification
formats provided in 19 CFR
351.303(g).34 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
33 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule).
34 See
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–10438 Filed 5–17–19; 8:45 am]
BILLING CODE 3510–DS–P
khammond on DSKBBV9HB2PROD with NOTICES
Appendix
Scope of the Investigation
The scope of this investigation covers dried
tart cherries, which may also be referred to
as, e.g., dried sour cherries or dried red tart
cherries. Dried tart cherries may be processed
from any variety of tart cherries. Tart cherries
are generally classified as Prunus cerasus.
Types of tart cherries include, but are not
limited to, Amarelle, Kutahya, Lutowka,
Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the scope
of this investigation regardless of the
horticulture method through which the
cherries were produced (e.g., organic or not),
whether or not they contain any added sugar
or other sweetening matter, whether or not
they are coated in oil or rice flour, whether
infused or not infused, and regardless of the
infusion ingredients, including sugar,
sucrose, fruit juice, and any other infusion
ingredients. The scope includes partially
rehydrated dried tart cherries that retain the
character of dried fruit. The subject
merchandise covers all shapes, sizes, and
colors of dried tart cherries, whether pitted
or unpitted, and whether whole, chopped,
minced, crumbled, broken, or otherwise
reduced in size. The scope covers dried tart
cherries in all types of packaging, regardless
of the size or packaging material.
Included in the scope of this investigation
are dried tart cherries that otherwise meet the
definition above that are packaged with nonsubject products, including, but not limited
to, mixtures of dried fruits and mixtures of
dried fruits and nuts, where the smallest
individual packaging unit of any such
product contains a majority (i.e., 50 percent
or more) of dried tart cherries by dry net
weight. Only the dried tart cherry
components of such products are covered by
this investigation; the scope does not include
the non-subject components of such
products.
Included in the scope of this investigation
are dried tart cherries that have been further
processed in a third country, including but
not limited to processing by stabilizing,
preserving, sweetening, adding oil or syrup,
coating, chopping, mincing, crumbling,
packaging with non-subject products, or
other packaging, or any other processing that
would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the dried tart cherries.
Excluded from the scope of this
investigation are dried tart cherries that have
been incorporated as an ingredient in
finished bakery and confectionary items
(cakes, cookies, candy, granola bars, etc.).
VerDate Sep<11>2014
The subject merchandise is currently
classifiable under 0813.40.3000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). The subject merchandise
may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060,
2006.00.2000, 2006.00.5000, and
2008.60.0060. The HTSUS subheadings set
forth above are provided for convenience and
U.S. customs purposes only. The written
description of the scope is dispositive.
16:41 May 17, 2019
Jkt 247001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–910]
Circular Welded Carbon Quality Steel
Pipe From the People’s Republic of
China: Preliminary Results of
Antidumping Administrative Review
and Partial Rescission; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that none of the companies under
review have demonstrated eligibility for
a separate rate during the period of
review (POR) July 1, 2017, through June
30, 2018. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable May 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3147.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review of 128
companies, the following events
occurred.1 Zekelman Industries
(Zekelman), a domestic interested party,
timely withdrew its request for an
administrative review of 20 companies.
Commerce issued an antidumping duty
questionnaire to Beijing Bell Plumbing
Manufacturing Ltd (Beijing Bell). Beijing
Bell did not respond to the
questionnaire. Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018,
through the resumption of operations on
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
22817
January 29, 2019.2 If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary results of review is now
May 13, 2019. For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum hereby adopted by this
notice.3
Scope of the Order
The merchandise subject to the order
is certain welded carbon quality steel
pipes and tubes, of circular crosssection, and with an outside diameter of
0.372 inches (9.45 mm) or more, but not
more than 16 inches (406.4 mm),
whether or not stenciled, regardless of
wall thickness, surface finish (e.g.,
black, galvanized, or painted), end
finish (e.g., plain end, beveled end,
grooved, threaded, or threaded and
coupled), or industry specification (e.g.,
ASTM, proprietary, or other), generally
known as standard pipe and structural
pipe (they may also be referred to as
circular, structural, or mechanical
tubing).
The pipe products that are the subject
of the order are currently classifiable in
HTSUS statistical reporting numbers
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85,
7306.30.50.90, 7306.50.10.00,
7306.50.50.50, 7306.50.50.70,
7306.19.10.10, 7306.19.10.50,
7306.19.51.10, and 7306.19.51.50.
However, the product description, and
not the Harmonized Tariff Schedule of
the United States (HTSUS)
classification, is dispositive of whether
merchandise imported into the United
States falls within the scope of the
order.4
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See the Memorandum from Commerce,
‘‘Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review of
Circular Welded Carbon Quality Steel Pipe from the
People’s Republic of China,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
4 See Preliminary Decision Memorandum for full
scope language.
E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22813-22817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10438]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-836]
Dried Tart Cherries From the Republic of Turkey: Initiation of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2019.
FOR FURTHER INFORMATION CONTACT: Maria Tatarska at (202) 482-1562 or
Ajay Menon at (202) 482-1993, AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23, 2019, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) Petition concerning imports of
dried tart cherries (cherries) from the Republic of Turkey (Turkey),
filed in proper form on behalf of the Dried Tart Cherry Trade Committee
(the petitioner), a trade association whose members produce the
domestic like product in the United States (i.e., cherries).\1\ The
Petition was
[[Page 22814]]
accompanied by an antidumping duty (AD) Petition concerning imports of
cherries from Turkey.
---------------------------------------------------------------------------
\1\ See the Petitioner's Letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Dried Tart Cherries from
the Republic of Turkey,'' dated April 23, 2019 (the Petition).
---------------------------------------------------------------------------
On April 25, 2019, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\2\ The petitioner
submitted its response on April 29, 2019.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Dried Tart
Cherries from the Republic of Turkey: Supplemental Questions,''
(General Issues Supplemental Questionnaire); and ``Petition for the
Imposition of Countervailing Duties on Imports of Dried Tart
Cherries from the Republic of Turkey: Supplemental Questions,'' both
dated April 25, 2019.
\3\ See the Petitioner's Letters, ``Dried Tart Cherries from
Turkey: Response to General Issues Questionnaire'' (General Issues
Supplement); and ``Dried Tart Cherries from Turkey: Response to
Countervailing Duty Questionnaire,'' both dated April 29, 2019.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of Turkey
(GOT) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to cherry growers and cherry
processors in Turkey, and that imports of such products are materially
injuring, or threatening material injury to, the domestic cherries
industry in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating a CVD investigation, the Petition is accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(E) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support necessary for
the initiation of the requested CVD investigation.\4\
---------------------------------------------------------------------------
\4\ See the ``Determination of Industry Support for the
Petition'' section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 23, 2019, the period of
investigation is January 1, 2018, through December 31, 2018.
Scope of the Investigation
The product covered by this investigation is cherries from Turkey.
For a full description of the scope of this investigation, see the
Appendix to this notice.
Comments on the Scope of the Investigation
During our review of the Petition, Commerce issued questions to,
and received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\5\
---------------------------------------------------------------------------
\5\ See General Issues Supplemental Questionnaire, at 3-4; see
also General Issues Supplement, at 3-8.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all comments
received from interested parties and, if necessary, consult with
interested parties prior to the issuance of the preliminary
determination. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on June 3, 2019, which is the next business
day after 20 calendar days from the signature date of this notice.\7\
Any rebuttal comments, which may include factual information, must be
filed by 5:00 p.m. ET on June 13, 2019, which is 10 calendar days from
the initial comments deadline.\8\ If scope comments or rebuttal
comments include factual information,\9\ all such factual information
should be limited to public information.
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\7\ Because the deadline falls on a Sunday (i.e., June 2, 2019),
the deadline becomes the next business day (i.e., June 3, 2019).
\8\ See 19 CFR 351.303(b).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of both the AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the GOT and the European Union (EU) of the
receipt of the Petition and provided them the opportunity for
consultations with respect to the Petition.\11\ Consultations were held
with the GOT on May 7, 2019.\12\ The EU did not request consultations.
---------------------------------------------------------------------------
\11\ See Commerce's Letters, ``Dried Tart Cherries from the
Republic of Turkey: Invitation for Consultations to Discuss the
Countervailing Duty Petition,'' dated April 25, 2019, and ``Dried
Tart Cherries from the Republic of Turkey: Invitation for
Consultations to Discuss the Countervailing Duty Petition,'' dated
April 30, 2019.
\12\ See Memorandum to the File, ``Countervailing Duty Petition
on Dried Tart Cherries from the Republic of Turkey: Consultations
with the Government of Turkey,'' dated May 9, 2019.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support
[[Page 22815]]
using a statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\15\ Based on our analysis of the information
submitted on the record, we have determined that cherries, as defined
in the scope, constitute a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------
\15\ See Volume I of the Petition, at 11-13 and Exhibit I-8.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Countervailing Duty Investigation Initiation Checklist: Dried Tart
Cherries from the Republic of Turkey (CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Dried Tart Cherries from the
Republic of Turkey (Attachment II). The CVD Initiation Checklist is
dated concurrently with this notice and on file electronically via
ACCESS. Access to documents filed via ACCESS is also available in
the Central Records Unit, Room B8024 of the main Department of
Commerce building.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own 2018 shipments of the domestic like product and compared this to
the estimated total shipments of the domestic like product for the
entire domestic industry, as reported by the Cherry Industry
Administrative Board.\17\ The petitioner estimated the production of
the domestic like product for the entire domestic industry based on
shipment data. This is because production data for the entire domestic
industry are not available for 2018 and the petitioner has established
that shipments are a reasonable proxy for data on production of
cherries.\18\ We relied on data provided by the petitioner for purposes
of measuring industry support.\19\
---------------------------------------------------------------------------
\17\ See Volume I of the Petition, at 6-7 and Exhibits I-2 and
I-5; see also General Issues Supplement, at 8-10 and Exhibit 11.
\18\ See Volume I of the Petition, at 6-7 and Exhibits I-2 and
I-5; see also General Issues Supplement, at Exhibit 11.
\19\ For further discussion, see CVD Initiation Checklist, at
Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.
---------------------------------------------------------------------------
\20\ See CVD Initiation Checklist, at Attachment II.
\21\ See id.; see also section 702(c)(4)(D) of the Act.
\22\ See CVD Initiation Checklist, at Attachment II.
\23\ Id.
---------------------------------------------------------------------------
Injury Test
Because Turkey is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from Turkey materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ See Volume I of the Petition, at 18 and Exhibit I-10.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
adverse impact on the domestic industry's production, capacity
utilization, U.S. shipments, employment, and financial and operating
performance; and lost sales and revenues.\25\ We have assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\26\
---------------------------------------------------------------------------
\25\ Id. at 15-27 and Exhibits I-5, I-9, I-10, I-13, and I-14.
\26\ See CVD Initiation Checklist, at Attachment III, Analysis
of Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Dried Tart
Cherries from the Republic of Turkey.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the Petition, we find that it meets the
requirements of section 702 of the Act. Therefore, we are initiating a
CVD investigation to determine whether imports of cherries from Turkey
benefit from countervailable subsidies conferred by the GOT. In
accordance with section 703(b)(1) of the Act and 19
[[Page 22816]]
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 28 of the 29
alleged programs. For a full discussion of the basis for our decision
to initiate on each program, see CVD Initiation Checklist. A public
version of the initiation checklist for this investigation is available
on ACCESS.
Respondent Selection
In the Petition, the petitioner named 24 companies in Turkey as
producers/exporters of cherries.\27\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select mandatory respondents based on
U.S. Customs and Border Protection (CBP) data for U.S. imports of
cherries from Turkey during the period of investigation under the
appropriate Harmonized Tariff Schedule of the United States numbers
listed in the ``Scope of the Investigation,'' in the Appendix.
---------------------------------------------------------------------------
\27\ See Volume III of the Petitions, at Exhibit III-1.
---------------------------------------------------------------------------
On May 6, 2019, Commerce released CBP data under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment regarding the CBP data and respondent selection must do so
within three business days of the publication date of the notice of
initiation of this CVD investigation.\28\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\28\ See Memorandum to the File, ``Dried Tart Cherries from the
Republic of Turkey Countervailing Duty Petition: Release of Customs
Data from U.S. Customs and Border Protection,'' dated May 6, 2019.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at https://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the GOT via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of cherries from Turkey are materially
injuring, or threatening material injury to, a U.S. industry.\29\ A
negative ITC determination in Turkey will result in the investigation
being terminated.\30\ Otherwise, this investigation will proceed
according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\29\ See section 703(a)(2) of the Act.
\30\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\31\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\32\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Interested parties should review the
regulations prior to submitting factual information in this
investigation.
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\31\ See 19 CFR 351.301(b).
\32\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits, 78 FR
57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\33\
Parties must use the certification formats provided in 19 CFR
351.303(g).\34\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\33\ See section 782(b) of the Act.
\34\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule).
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation
[[Page 22817]]
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act and 19 CFR 351.203(c).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers dried tart cherries,
which may also be referred to as, e.g., dried sour cherries or dried
red tart cherries. Dried tart cherries may be processed from any
variety of tart cherries. Tart cherries are generally classified as
Prunus cerasus. Types of tart cherries include, but are not limited
to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and
Oblacinska. Dried tart cherries are covered by the scope of this
investigation regardless of the horticulture method through which
the cherries were produced (e.g., organic or not), whether or not
they contain any added sugar or other sweetening matter, whether or
not they are coated in oil or rice flour, whether infused or not
infused, and regardless of the infusion ingredients, including
sugar, sucrose, fruit juice, and any other infusion ingredients. The
scope includes partially rehydrated dried tart cherries that retain
the character of dried fruit. The subject merchandise covers all
shapes, sizes, and colors of dried tart cherries, whether pitted or
unpitted, and whether whole, chopped, minced, crumbled, broken, or
otherwise reduced in size. The scope covers dried tart cherries in
all types of packaging, regardless of the size or packaging
material.
Included in the scope of this investigation are dried tart
cherries that otherwise meet the definition above that are packaged
with non-subject products, including, but not limited to, mixtures
of dried fruits and mixtures of dried fruits and nuts, where the
smallest individual packaging unit of any such product contains a
majority (i.e., 50 percent or more) of dried tart cherries by dry
net weight. Only the dried tart cherry components of such products
are covered by this investigation; the scope does not include the
non-subject components of such products.
Included in the scope of this investigation are dried tart
cherries that have been further processed in a third country,
including but not limited to processing by stabilizing, preserving,
sweetening, adding oil or syrup, coating, chopping, mincing,
crumbling, packaging with non-subject products, or other packaging,
or any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the dried tart cherries.
Excluded from the scope of this investigation are dried tart
cherries that have been incorporated as an ingredient in finished
bakery and confectionary items (cakes, cookies, candy, granola bars,
etc.).
The subject merchandise is currently classifiable under
0813.40.3000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The subject merchandise may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000,
2006.00.5000, and 2008.60.0060. The HTSUS subheadings set forth
above are provided for convenience and U.S. customs purposes only.
The written description of the scope is dispositive.
[FR Doc. 2019-10438 Filed 5-17-19; 8:45 am]
BILLING CODE 3510-DS-P