Dried Tart Cherries From the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigation, 22809-22813 [2019-10439]

Download as PDF Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices in the request.4 No other party requested an administrative review of this order. DEPARTMENT OF COMMERCE International Trade Administration [A–570–881] Malleable Cast Iron Pipe Fittings From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on malleable cast iron pipe fittings from the People’s Republic of China (China) for the period December 1, 2017, through November 30, 2018. DATES: Applicable May 20, 2019. FOR FURTHER INFORMATION CONTACT: Jean Valdez, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3855. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKBBV9HB2PROD with NOTICES Background On December 3, 2018, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on malleable cast iron pipe fittings from China.1 On December 31, 2018, Commerce received a timely request to conduct an administrative review of the antidumping order from Anvil International (Anvil), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).2 Based upon this request, on March 14, 2019, in accordance with section 751(a) of the Act, Commerce published in the Federal Register a notice of initiation of administrative review covering the period December 1, 2017, through November 30, 2018.3 On April 17, 2019, Anvil timely withdrew its request for an administrative review with respect to all companies identified 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 62293 (December 3, 2018). 2 See letter from Anvil, ‘‘Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Request for Administrative Review,’’ dated December 31, 2018. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 9297 (March 14, 2019) (Initiation Notice). Due to the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019, the publication of the initiation notice for orders with December anniversary months was delayed until March 14, 2019. VerDate Sep<11>2014 16:41 May 17, 2019 Jkt 247001 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, Anvil timely withdrew its request for an administrative review in its entirety and with respect to all companies identified in the Initiation Notice by the 90-day deadline. Because no other party requested a review of these companies, we are rescinding a review of the order in its entirety, in accordance with 19 CFR 351.213(d)(1). Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of malleable cast iron pipe fittings from China at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period December 1, 2017, to November 30, 2018, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 the presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or 4 See letter from Anvil, ‘‘Malleable Cast Iron Pipe Fittings from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated April 17, 2019. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 22809 conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: May 8, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–10436 Filed 5–17–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–835] Dried Tart Cherries From the Republic of Turkey: Initiation of Less-Than-FairValue Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 13, 2019. FOR FURTHER INFORMATION CONTACT: Alex Wood at (202) 482–1959 or Alice Maldonado at (202) 482–4682; 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 an antidumping duty (AD) Petition concerning imports of dried tart cherries (cherries) from the Republic of Turkey (Turkey).1 The AD Petition was filed in proper form by the Dried Tart Cherry Trade Committee (the petitioner).2 The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of cherries from Turkey. On April 25, and May 1, 2019, Commerce requested supplemental information pertaining to certain aspects of the AD Petition in separate supplemental questionnaires.3 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 AD Petition). 2 Id. at 1–3. 3 See Commerce Letter re: Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Dried Tart Cherries from the Republic of Turkey: Supplemental Questions, dated April 25, 2019; Commerce Letter re: Petition for the E:\FR\FM\20MYN1.SGM Continued 20MYN1 22810 Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices Responses to the supplemental questionnaires were filed on April 29 and May 2, 2019.4 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of cherries from Turkey are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing cherries in the United States. Consistent with section 732(b)(1) of the Act, the AD Petition was accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the AD 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 with respect to the initiation of the requested AD investigation.5 Period of Investigation Because the AD Petition was filed on April 23, 2019, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is April 1, 2018, through March 31, 2019. 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. khammond on DSKBBV9HB2PROD with NOTICES Comments on Scope of the Investigation During our review of the AD Petition, we contacted the petitioner regarding the proposed scope to ensure that the scope language in the AD Petition is an accurate reflection of the products for which the domestic industry is seeking relief.6 As a result, the scope of the AD Petition was modified to clarify the description of the merchandise covered by the AD Petition. The description of Imposition of Antidumping Duties on Imports of Dried Tart Cherries from the Republic of Turkey: Supplemental Questions, dated April 25, 2019; and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated May 1, 2019. 4 See the Petitioner’s Letters, ‘‘Dried Tart Cherries from Turkey: Response to General Issues Questionnaire,’’ dated April 29, 2019 (General Issues Supplement); ‘‘Dried Tart Cherries from Turkey: Response to Antidumping Questionnaire,’’ (AD Supplement) dated April 29, 2019; and ‘‘Dried Tart Cherries from Turkey: Supplemental Response to Antidumping Questionnaire,’’ (Second AD Supplement) dated May 2, 2019. 5 See ‘‘Determination of Industry Support for the Petition’’ section, infra. 6 See General Issues Supplement, at 3–8 and Exhibit 7. VerDate Sep<11>2014 16:41 May 17, 2019 Jkt 247001 the merchandise covered by this investigation, as described in the Appendix to this notice, reflects these clarifications. 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).7 Commerce will consider all comments received from interested parties and, if necessary, will 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 scope comments by 5:00 p.m. Eastern Time (ET) on June 3, 2019, which is 20 calendar days from the signature date of this notice.8 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 comment deadline.9 If scope comments include factual information,10 all such factual information should be limited to public information. Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time 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 comments must also be filed on the record of the concurrent CVD investigation. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).11 An electronically filed document must be received successfully in its entirety by the time and date it is due. 7 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 8 Because the deadline falls on a Sunday (i.e., June 2, 2019), the deadline becomes the next business day (i.e., June 3, 2019). 9 See 19 CFR 351.303(b). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 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, effective 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%20 on%20Electronic%20Filling%20Procedures.pdf. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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. Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of cherries to be reported in response to Commerce’s AD questionnaire. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant costs of production accurately as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics, and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by producers to describe cherries, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all product characteristics comments must be filed by 5:00 p.m. ET on June 3, 2019, which is 20 calendar days from the signature date of this notice.12 Any rebuttal comments must be filed by 5:00 p.m. ET on June 13, 2019. All comments and submissions to Commerce must be filed electronically using ACCESS, as 12 See 19 CFR 351.303(b). Because the deadline falls on a Sunday (i.e., June 2, 2019), the deadline becomes the next business day (i.e., June 3, 2019). E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES explained above, on the record of the AD investigation. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(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 732(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 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 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)). 14 See VerDate Sep<11>2014 16:41 May 17, 2019 Jkt 247001 ‘‘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 Petition.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 In determining whether the petitioner has standing under section 732(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 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 Antidumping Duty Initiation Checklist: Dried Tart Cherries from the Republic of Turkey (AD 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). This checklist is dated concurrently with this notice and is 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. 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 AD Initiation Checklist, at Attachment II. 20 See AD Initiation Checklist, at Attachment II. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 22811 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 732(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 732(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 732(b)(1) of the Act. Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. 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 21 See section 732(c)(4)(D) of the Act; see also AD Initiation Checklist, at Attachment II. 22 See AD Initiation Checklist, at Attachment II. 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. E:\FR\FM\20MYN1.SGM 20MYN1 22812 Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices meet the statutory requirements for initiation.26 Allegations of Sales at LTFV The following is a description of the allegation of sales at LTFV upon which Commerce based its decision to initiate this AD investigation of imports of cherries from Turkey. Export Price The petitioner based the U.S. price on average unit values (AUVs) of publicly available import data.27 The petitioner did not make deductions from U.S. price for movement or other expenses.28 Normal Value The petitioner based normal value (NV) on home market prices obtained through market research for cherries offered for sale in Turkey within the proposed POI.29 The petitioner calculated net home market prices, adjusted as appropriate.30 Fair Value Comparisons Based on the data provided by the AD Petition, there is reason to believe that imports of cherries from Turkey are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of U.S. price to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for cherries from Turkey covered by this initiation range from 347.24 to 648.35 percent.31 khammond on DSKBBV9HB2PROD with NOTICES Initiation of LTFV Investigation Based upon the examination of the AD Petition, and supplemental responses, we find that the AD Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of cherries from Turkey are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, 26 See AD 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 (Attachment III). 27 See AD Initiation Checklist. 28 Id. 29 Id. 30 Id. In accordance with section 505(a) of the Trade Preferences Extension Act of 2015, amending section 773(b)(2) of the Act, for this investigation, Commerce will request information necessary to calculate the constructed value and cost of production (COP) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. Commerce no longer requires a COP allegation to conduct this analysis. 31 Id. VerDate Sep<11>2014 16:41 May 17, 2019 Jkt 247001 we will make our preliminary determination no later than 140 days after the date of this initiation. Respondent Selection The petitioner named 24 companies in Turkey as producers/exporters of cherries.32 Following standard practice in AD investigations involving market economy countries, 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 respondents in Turkey based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) numbers listed with the scope in the Appendix, below.33 On May 10, 2019, Commerce released CBP data on imports of cherries from Turkey under APO to all parties with access to information protected by APO and indicated that interested parties wishing to comment on the CBP data must do so within three business days of the publication date of the notice of initiation of this investigation.34 We further stated that we will not accept rebuttal comments. Distribution of Copies of the AD Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the AD Petition have been provided to the Government of Turkey via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the AD Petition to each exporter named in the AD Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the AD Petition was filed, whether there is a reasonable indication that imports of cherries from Turkey are materially injuring, or threatening material injury 32 See Volume I of the Petition, at Exhibit I–9. e.g., Polyester Textured Yarn from India and the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigations, 83 FR 58223, 58227 (November 19, 2018). 34 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Dried Tart Cherries from the Republic of Turkey: Release of Customs Data from U.S. Customs and Border Protection;’’ dated May 10, 2019. 33 See, PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 to, a U.S. industry.35 A negative ITC determination will result in the investigation being terminated.36 Otherwise, the 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). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 37 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.38 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. Particular Market Situation Allegation Section 504 of the Trade Preferences Extension Act of 2015 amended the Act by adding the concept of particular market situation (PMS) for purposes of constructed value under section 773(e) of the Act.39 Section 773(e) of the Act states that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists 35 See section 733(a) of the Act. 36 Id. 37 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 39 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 38 See E:\FR\FM\20MYN1.SGM 20MYN1 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. khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 16:41 May 17, 2019 Jkt 247001 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 PO 00000 22813 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20MYN1.SGM Continued 20MYN1

Agencies

[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22809-22813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10439]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-835]


Dried Tart Cherries From the Republic of Turkey: Initiation of 
Less-Than-Fair-Value Investigation

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

DATES: Applicable May 13, 2019.

FOR FURTHER INFORMATION CONTACT: Alex Wood at (202) 482-1959 or Alice 
Maldonado at (202) 482-4682; 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 an antidumping duty (AD) Petition concerning imports of dried 
tart cherries (cherries) from the Republic of Turkey (Turkey).\1\ The 
AD Petition was filed in proper form by the Dried Tart Cherry Trade 
Committee (the petitioner).\2\ The AD Petition was accompanied by a 
countervailing duty (CVD) Petition concerning imports of cherries from 
Turkey.
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    \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 AD Petition).
    \2\ Id. at 1-3.
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    On April 25, and May 1, 2019, Commerce requested supplemental 
information pertaining to certain aspects of the AD Petition in 
separate supplemental questionnaires.\3\

[[Page 22810]]

Responses to the supplemental questionnaires were filed on April 29 and 
May 2, 2019.\4\
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    \3\ See Commerce Letter re: Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Dried Tart 
Cherries from the Republic of Turkey: Supplemental Questions, dated 
April 25, 2019; Commerce Letter re: Petition for the Imposition of 
Antidumping Duties on Imports of Dried Tart Cherries from the 
Republic of Turkey: Supplemental Questions, dated April 25, 2019; 
and Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated 
May 1, 2019.
    \4\ See the Petitioner's Letters, ``Dried Tart Cherries from 
Turkey: Response to General Issues Questionnaire,'' dated April 29, 
2019 (General Issues Supplement); ``Dried Tart Cherries from Turkey: 
Response to Antidumping Questionnaire,'' (AD Supplement) dated April 
29, 2019; and ``Dried Tart Cherries from Turkey: Supplemental 
Response to Antidumping Questionnaire,'' (Second AD Supplement) 
dated May 2, 2019.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of cherries from 
Turkey are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing cherries in the 
United States. Consistent with section 732(b)(1) of the Act, the AD 
Petition was accompanied by information reasonably available to the 
petitioner supporting its allegations.
    Commerce finds that the petitioner filed the AD 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 with 
respect to the initiation of the requested AD investigation.\5\
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    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the AD Petition was filed on April 23, 2019, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is April 1, 2018, 
through March 31, 2019.

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 Scope of the Investigation

    During our review of the AD Petition, we contacted the petitioner 
regarding the proposed scope to ensure that the scope language in the 
AD Petition is an accurate reflection of the products for which the 
domestic industry is seeking relief.\6\ As a result, the scope of the 
AD Petition was modified to clarify the description of the merchandise 
covered by the AD Petition. The description of the merchandise covered 
by this investigation, as described in the Appendix to this notice, 
reflects these clarifications.
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    \6\ See General Issues Supplement, at 3-8 and Exhibit 7.
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    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).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will 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 scope comments by 
5:00 p.m. Eastern Time (ET) on June 3, 2019, which is 20 calendar days 
from the signature date of this notice.\8\ 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 comment 
deadline.\9\ If scope comments include factual information,\10\ all 
such factual information should be limited to public information.
---------------------------------------------------------------------------

    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ Because the deadline falls on a Sunday (i.e., June 2, 2019), 
the deadline becomes the next business day (i.e., June 3, 2019).
    \9\ See 19 CFR 351.303(b).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time 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 comments must also be filed 
on the record of the concurrent CVD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ 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.
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    \11\ 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, effective 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.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of cherries to be reported 
in response to Commerce's AD questionnaire. This information will be 
used to identify the key physical characteristics of the subject 
merchandise in order to report the relevant costs of production 
accurately as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by producers to 
describe cherries, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all product 
characteristics comments must be filed by 5:00 p.m. ET on June 3, 2019, 
which is 20 calendar days from the signature date of this notice.\12\ 
Any rebuttal comments must be filed by 5:00 p.m. ET on June 13, 2019. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as

[[Page 22811]]

explained above, on the record of the AD investigation.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.303(b). Because the deadline falls on a 
Sunday (i.e., June 2, 2019), the deadline becomes the next business 
day (i.e., June 3, 2019).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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 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\
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    \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 Petition.\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\
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    \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 
Antidumping Duty Initiation Checklist: Dried Tart Cherries from the 
Republic of Turkey (AD 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). This checklist is dated concurrently with 
this notice and is 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 
732(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\
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    \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 AD Initiation Checklist, at 
Attachment II.
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    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 
732(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 732(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 732(b)(1) of the Act.
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    \20\ See AD Initiation Checklist, at Attachment II.
    \21\ See section 732(c)(4)(D) of the Act; see also AD Initiation 
Checklist, at Attachment II.
    \22\ See AD Initiation Checklist, at Attachment II.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\24\
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    \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

[[Page 22812]]

meet the statutory requirements for initiation.\26\
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    \25\ Id. at 15-27 and Exhibits I-5, I-9, I-10, I-13, and I-14.
    \26\ See AD 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 (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate this AD 
investigation of imports of cherries from Turkey.

Export Price

    The petitioner based the U.S. price on average unit values (AUVs) 
of publicly available import data.\27\ The petitioner did not make 
deductions from U.S. price for movement or other expenses.\28\
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    \27\ See AD Initiation Checklist.
    \28\ Id.
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Normal Value

    The petitioner based normal value (NV) on home market prices 
obtained through market research for cherries offered for sale in 
Turkey within the proposed POI.\29\ The petitioner calculated net home 
market prices, adjusted as appropriate.\30\
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    \29\ Id.
    \30\ Id. In accordance with section 505(a) of the Trade 
Preferences Extension Act of 2015, amending section 773(b)(2) of the 
Act, for this investigation, Commerce will request information 
necessary to calculate the constructed value and cost of production 
(COP) to determine whether there are reasonable grounds to believe 
or suspect that sales of the foreign like product have been made at 
prices that represent less than the COP of the product. Commerce no 
longer requires a COP allegation to conduct this analysis.
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Fair Value Comparisons

    Based on the data provided by the AD Petition, there is reason to 
believe that imports of cherries from Turkey are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of U.S. 
price to NV in accordance with sections 772 and 773 of the Act, the 
estimated dumping margins for cherries from Turkey covered by this 
initiation range from 347.24 to 648.35 percent.\31\
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    \31\ Id.
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Initiation of LTFV Investigation

    Based upon the examination of the AD Petition, and supplemental 
responses, we find that the AD Petition meets the requirements of 
section 732 of the Act. Therefore, we are initiating an AD 
investigation to determine whether imports of cherries from Turkey are 
being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.

Respondent Selection

    The petitioner named 24 companies in Turkey as producers/exporters 
of cherries.\32\ Following standard practice in AD investigations 
involving market economy countries, 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 respondents in Turkey based on 
U.S. Customs and Border Protection (CBP) data for U.S. imports under 
the appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
numbers listed with the scope in the Appendix, below.\33\
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    \32\ See Volume I of the Petition, at Exhibit I-9.
    \33\ See, e.g., Polyester Textured Yarn from India and the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 58223, 58227 (November 19, 2018).
---------------------------------------------------------------------------

    On May 10, 2019, Commerce released CBP data on imports of cherries 
from Turkey under APO to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment on the CBP data must do so within three business days of the 
publication date of the notice of initiation of this investigation.\34\ 
We further stated that we will not accept rebuttal comments.
---------------------------------------------------------------------------

    \34\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Dried Tart Cherries from the Republic of Turkey: Release of Customs 
Data from U.S. Customs and Border Protection;'' dated May 10, 2019.
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Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petition have been 
provided to the Government of Turkey via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the AD Petition to each exporter named in the AD Petition, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD 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.\35\ A 
negative ITC determination will result in the investigation being 
terminated.\36\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
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    \35\ See section 733(a) of the Act.
    \36\ Id.
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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). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \37\ 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.\38\ 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.
---------------------------------------------------------------------------

    \37\ See 19 CFR 351.301(b).
    \38\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 504 of the Trade Preferences Extension Act of 2015 amended 
the Act by adding the concept of particular market situation (PMS) for 
purposes of constructed value under section 773(e) of the Act.\39\ 
Section 773(e) of the Act states that ``if a particular market 
situation exists such that the cost of materials and fabrication or 
other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists

[[Page 22813]]

under section 773(e) of the Act, then it will modify its dumping 
calculations appropriately.
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    \39\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
---------------------------------------------------------------------------

    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.

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 untimely-filed 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-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.\40\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\41\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \40\ See section 782(b) of the Act.
    \41\ 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 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.

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. 2019-10439 Filed 5-17-19; 8:45 am]
 BILLING CODE 3510-DS-P

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