Fresh Garlic From the People's Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 27585-27587 [2019-12495]
Download as PDF
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
XII. Recommendation
DEPARTMENT OF COMMERCE
[FR Doc. 2019–12499 Filed 6–12–19; 8:45 am]
International Trade Administration
BILLING CODE 3510–DS–P
[A–570–831]
DEPARTMENT OF COMMERCE
International Trade Administration
Amendment to the Clean Energy and
Zero Emission Vehicle Technologies
Trade Mission to Mexico November
17–22, 2019
International Trade
Administration, U.S. Department of
Commerce.
AGENCY:
ACTION:
Notice.
The United States Department
of Commerce, International Trade
Administration, is amending the Notice
published in April 9, 2019, regarding
the Clean Energy and Zero Emission
Vehicle Technologies Trade Mission to
Mexico November 17–22, to modify the
participation fee for the trade mission
and the timeframe for recruitment and
application. The participation fee for the
Business Development Mission will be
$4,000.00 for SME and $5,500.00 for
large firms. Recruitment for the mission
will conclude no later than August 9,
2019. Applications received after
August 9, 2019, will be considered only
if space and scheduling constraints
permit.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Braeden Young, Commercial Officer,
U.S. Embassy-Mexico, U.S.
Department of Commerce, Tel: 55–
5080–2182, Braeden.Young@
trade.gov.
Claudia Salgado, Commercial Specialist,
U.S. Embassy-Mexico, U.S.
Department of Commerce, Tel: 55–
5080–2000, x5224, Claudia.Salgado@
trade.gov.
Monica Martinez, Commercial
Specialist, U.S. Embassy-Mexico, U.S.
Department of Commerce, Tel: 55–
5080–2000, x 5218,
Monica.Martinez@trade.gov.
khammond on DSKBBV9HB2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Amendments to revise the selection
process.
Tiara Hampton-Diggs,
Program Specialist, Trade Promotion
Programs.
[FR Doc. 2019–11198 Filed 6–12–19; 8:45 am]
BILLING CODE 3510–DR–P
VerDate Sep<11>2014
16:55 Jun 12, 2019
Jkt 247001
Fresh Garlic From the People’s
Republic of China: Preliminary Results
of the Antidumping Duty New Shipper
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting a new
shipper review of Jinxiang Infang Fruit
& Vegetable Co., Ltd. (Infang) regarding
the antidumping duty order on fresh
garlic from the People’s Republic of
China (China). The period of review
(POR) is November 1, 2017, through
May 31, 2018. We have preliminarily
determined that Infang’s sale was a bona
fide transaction, and that the sale was
made below normal value (NV).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 13, 2019.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 9, 2018, at the request of
Infang, Commerce published a notice of
initiation of a semiannual new shipper
review of fresh garlic from China for the
period November 1, 2017, through May
31, 2018.1 On December 18, 2018, we
extended the deadline for the
preliminary results to April 26, 2019.2
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 January 29,
2019.3 Accordingly, the revised
deadline for the preliminary results was
June 5, 2019. On June 5, 2019,
1 See Fresh Garlic from the People’s Republic of
China: Initiation of Semiannual Antidumping Duty
New Shipper Review; 2017–2018, 83 FR 31734 (July
9, 2018); see also Infang’s Letter, ‘‘Fresh Garlic from
the People’s Republic of China—Request for a New
Shipper Review,’’ dated May 23, 2018.
2 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—Semiannual
Antidumping Duty New Shipper Review (2017–
2018): Extension of Deadline for the Preliminary
Results,’’ dated December 18, 2018.
3 See Memorandum, ‘‘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.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
27585
Commerce fully extended the deadline
for the preliminary results.4 The revised
deadline for the preliminary results of
this review is now June 7, 2019.
Scope of the Order
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves.5 The subject merchandise is
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700, and
2005.99.9700. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive.
Separate Rate
Commerce preliminarily determines
that Infang is eligible to receive a
separate rate in this review.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2)(B)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.214.
Commerce calculated export price in
accordance with section 772(c) of the
Act. Because China is a non-market
economy country within the meaning of
section 771(18) of the Act, Commerce
calculated normal value in accordance
with section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
4 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—Semiannual
Antidumping Duty New Shipper Review (2017–
2018): Extension of Deadline for the Preliminary
Results,’’ dated June 5, 2019.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Semiannual 2017–
2018 Antidumping Duty New Shipper Review:
Fresh Garlic from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum),
for a complete description of the Scope of the
Order.
6 See Preliminary Decision Memorandum at 5–6.
E:\FR\FM\13JNN1.SGM
13JNN1
27586
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
access.trade.gov and in Commerce’s
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of the topics
discussed in the Preliminary Decision
Memorandum is attached as an
Appendix to this notice.
Preliminary Results of New Shipper
Review
As a result of the new shipper review,
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the new
shipper review covering the period
November 1, 2017, through May 31,
2018:
Weightedaverage
margin
(dollars
per
kilogram)
Producer/exporter
khammond on DSKBBV9HB2PROD with NOTICES
Producer: Jinxiang Excelink Foodstuffs Co., Ltd.; Exporter: Jinxiang Infang Fruit & Vegetable Co., Ltd. ...............................................
Disclosure and Public Comment
Commerce intends to disclose the
analysis performed for these
preliminary results to interested parties
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted no later seven days after the
date on which the verification report is
issued. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than five days after the deadline
date for case briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issues; (2) a brief
summary of the arguments; and (3) a
table of authorities. Any electronically
filed document must be received
successfully in its entirely by
Commerce’s electronic records system,
ACCESS, by the date and time it is due.
Any interested party may request a
hearing within 30 days of publication of
this notice.8 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made,
Commerce intends to notify parties of
the time and date for the hearing to be
held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.9
Unless the deadline is extended,
Commerce intends to issue the final
results of this new shipper review,
which will include the results of its
analysis of issues raised in any such
7 See
19 CFR 351.309(c)–(d).
19 CFR 351.310(c).
9 See 19 CFR 351.310(d).
comments, within 90 days of
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(i)(1).
Assessment Rates
Upon completion of the final results,
pursuant to 19 CFR 351.212(b),
Commerce will determine, and the U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If Infang’s weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this new shipper review,
Commerce intends to calculate an
importer-specific assessment rate on the
basis of the ratio of the total amount of
dumping calculated for each importer’s
examined sales and, where possible, the
total entered value of sales in
accordance with 19 CFR 351.212(b)(1).
Where an importer- (or customer-)
specific ad valorem rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.10
Cash Deposit Requirements
With regard to Infang, the respondent
in this new shipper review, the
following cash deposit requirements
will be effective upon publication of the
final results of this new shipper review
(1) for subject merchandise produced
and exported by the producer and
exporter combination listed in the
‘‘Preliminary Results of New Shipper
Review’’ section above, the cash deposit
rate will be that established in the final
results of this new shipper review; (2)
for subject merchandise exported by
Infang, but not produced by Jinxiang
Excelink Foodstuffs Co., Ltd., the cash
deposit rate will be the rate for the
China-wide entity; and (3) for subject
merchandise produced by Jinxiang
8 See
VerDate Sep<11>2014
16:55 Jun 12, 2019
10 See
Jkt 247001
PO 00000
19 CFR 351.106(c)(2).
Frm 00008
Fmt 4703
Sfmt 4703
4.31
Excelink Foodstuffs Co., Ltd., but not
exported by Infang, the cash deposit rate
will be the rate applicable to the
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Verification
Consistent with section 782(i) of the
Act and 19 CFR 351.307(b)(1)(iv), we
intend to verify the information
provided by Infang in the new shipper
review using standard verification
procedures, including on-site inspection
of the producer’s and exporter’s
facilities, and examination of relevant
sales and financial records. Any
verification results will be outlined in
the verification report for Infang after
completion of the verification.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
E:\FR\FM\13JNN1.SGM
13JNN1
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of this new shipper
review in accordance with sections
751(a)(2)(b) and 777(i) of the Act, and 19
CFR 351.214 and 351.221(b)(4).
Dated: June 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
A. Bona Fides Analysis
B. Non-Market Economy Status
C. Separate Rate Determination
D. Surrogate Country and Surrogate Value
Data
E. Surrogate Country Analysis
F. Surrogate Country Selection
G. Date of Sale
H. Comparisons to Normal Value
I. Export Price
J. Value-Added Tax
K. Normal Value
L. Surrogate Values
M. Currency Conversion
V. Recommendation
[FR Doc. 2019–12495 Filed 6–12–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with April
anniversary dates. In accordance with
Commerce’s regulations, we are
initiating those administrative reviews.
DATES: Applicable June 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:55 Jun 12, 2019
Jkt 247001
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with April
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
submissions are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 30 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
27587
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (e.g., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if Commerce determined, or
continued to treat, that company as
collapsed with others, Commerce will
assume that such companies continue to
operate in the same manner and will
collapse them for respondent selection
purposes. Otherwise, Commerce will
not collapse companies for purposes of
respondent selection. Parties are
requested to (a) identify which
companies subject to review previously
were collapsed, and (b) provide a
citation to the proceeding in which they
were collapsed. Further, if companies
are requested to complete the Quantity
and Value (Q&V) Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where Commerce considered collapsing
that entity, complete Q&V data for that
collapsed entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
E:\FR\FM\13JNN1.SGM
13JNN1
Agencies
[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27585-27587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12495]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results of the Antidumping Duty New Shipper Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting a new
shipper review of Jinxiang Infang Fruit & Vegetable Co., Ltd. (Infang)
regarding the antidumping duty order on fresh garlic from the People's
Republic of China (China). The period of review (POR) is November 1,
2017, through May 31, 2018. We have preliminarily determined that
Infang's sale was a bona fide transaction, and that the sale was made
below normal value (NV). Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 13, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2018, at the request of Infang, Commerce published a
notice of initiation of a semiannual new shipper review of fresh garlic
from China for the period November 1, 2017, through May 31, 2018.\1\ On
December 18, 2018, we extended the deadline for the preliminary results
to April 26, 2019.\2\ 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 January 29,
2019.\3\ Accordingly, the revised deadline for the preliminary results
was June 5, 2019. On June 5, 2019, Commerce fully extended the deadline
for the preliminary results.\4\ The revised deadline for the
preliminary results of this review is now June 7, 2019.
---------------------------------------------------------------------------
\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-
2018, 83 FR 31734 (July 9, 2018); see also Infang's Letter, ``Fresh
Garlic from the People's Republic of China--Request for a New
Shipper Review,'' dated May 23, 2018.
\2\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--Semiannual Antidumping Duty New Shipper Review (2017-2018):
Extension of Deadline for the Preliminary Results,'' dated December
18, 2018.
\3\ See Memorandum, ``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.
\4\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--Semiannual Antidumping Duty New Shipper Review (2017-2018):
Extension of Deadline for the Preliminary Results,'' dated June 5,
2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves.\5\ The subject
merchandise is currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000,
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, and 2005.99.9700. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written product description is dispositive.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Semiannual 2017-2018 Antidumping Duty New Shipper
Review: Fresh Garlic from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum), for a complete description of the Scope of the
Order.
---------------------------------------------------------------------------
Separate Rate
Commerce preliminarily determines that Infang is eligible to
receive a separate rate in this review.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 5-6.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214. Commerce calculated export price in accordance with
section 772(c) of the Act. Because China is a non-market economy
country within the meaning of section 771(18) of the Act, Commerce
calculated normal value in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://
[[Page 27586]]
access.trade.gov and in Commerce's Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of New Shipper Review
As a result of the new shipper review, Commerce preliminarily
determines that the following weighted-average dumping margin exists
for the new shipper review covering the period November 1, 2017,
through May 31, 2018:
------------------------------------------------------------------------
Weighted-
average
margin
Producer/exporter (dollars
per
kilogram)
------------------------------------------------------------------------
Producer: Jinxiang Excelink Foodstuffs Co., Ltd.; Exporter: 4.31
Jinxiang Infang Fruit & Vegetable Co., Ltd.................
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the analysis performed for these
preliminary results to interested parties within five days of the date
of publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted no later seven
days after the date on which the verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issues; (2) a
brief summary of the arguments; and (3) a table of authorities. Any
electronically filed document must be received successfully in its
entirely by Commerce's electronic records system, ACCESS, by the date
and time it is due.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)-(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, Commerce intends to
notify parties of the time and date for the hearing to be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless the deadline is extended, Commerce intends to issue the
final results of this new shipper review, which will include the
results of its analysis of issues raised in any such comments, within
90 days of publication of these preliminary results, pursuant to
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(i)(1).
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR
351.212(b), Commerce will determine, and the U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. If Infang's weighted-average dumping margin is above de
minimis (i.e., 0.50 percent) in the final results of this new shipper
review, Commerce intends to calculate an importer-specific assessment
rate on the basis of the ratio of the total amount of dumping
calculated for each importer's examined sales and, where possible, the
total entered value of sales in accordance with 19 CFR 351.212(b)(1).
Where an importer- (or customer-) specific ad valorem rate is zero or
de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Cash Deposit Requirements
With regard to Infang, the respondent in this new shipper review,
the following cash deposit requirements will be effective upon
publication of the final results of this new shipper review (1) for
subject merchandise produced and exported by the producer and exporter
combination listed in the ``Preliminary Results of New Shipper Review''
section above, the cash deposit rate will be that established in the
final results of this new shipper review; (2) for subject merchandise
exported by Infang, but not produced by Jinxiang Excelink Foodstuffs
Co., Ltd., the cash deposit rate will be the rate for the China-wide
entity; and (3) for subject merchandise produced by Jinxiang Excelink
Foodstuffs Co., Ltd., but not exported by Infang, the cash deposit rate
will be the rate applicable to the exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Verification
Consistent with section 782(i) of the Act and 19 CFR
351.307(b)(1)(iv), we intend to verify the information provided by
Infang in the new shipper review using standard verification
procedures, including on-site inspection of the producer's and
exporter's facilities, and examination of relevant sales and financial
records. Any verification results will be outlined in the verification
report for Infang after completion of the verification.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply
[[Page 27587]]
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these preliminary results of this new
shipper review in accordance with sections 751(a)(2)(b) and 777(i) of
the Act, and 19 CFR 351.214 and 351.221(b)(4).
Dated: June 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
A. Bona Fides Analysis
B. Non-Market Economy Status
C. Separate Rate Determination
D. Surrogate Country and Surrogate Value Data
E. Surrogate Country Analysis
F. Surrogate Country Selection
G. Date of Sale
H. Comparisons to Normal Value
I. Export Price
J. Value-Added Tax
K. Normal Value
L. Surrogate Values
M. Currency Conversion
V. Recommendation
[FR Doc. 2019-12495 Filed 6-12-19; 8:45 am]
BILLING CODE 3510-DS-P