Dried Tart Cherries From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 51112-51114 [2019-21003]
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
review in the ongoing administrative
review covering the 2016–2018 period
of review, and therefore, Constant Forest
is not under review in the concurrent
administrative review.5 Accordingly,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on entries of
plywood from China during the period
of review made by Constant Forest. For
this company, antidumping duties shall
be assessed at rates equal to the cash
deposit rate of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, 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 whose entries
will be liquidated as a result of this
rescission notice, 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 double 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
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
with the regulations and terms of an
APO is a sanctionable violation.
jbell on DSK3GLQ082PROD with NOTICES
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751 and
777(i)(l) of the Act and 19 CFR
351.214(f)(3).
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200 (April 1, 2019).
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18:29 Sep 26, 2019
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Dated: September 23, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–21004 Filed 9–26–19; 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: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that dried tart cherries (cherries) from
the Republic of Turkey (Turkey) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2018 through March 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable September 27, 2019.
FOR FURTHER INFORMATION CONTACT: Alex
Wood or Alice Maldonado, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1959 or (202) 482–4682,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 20, 2019.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
1 See Dried Tart Cherries from the Republic of
Turkey: Initiation of Less-Than-Fair-Value
Investigation, 84 FR 22809 (May 20, 2019)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Dried Tart Cherries from
the Republic of Turkey,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are dried tart cherries from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available with adverse
inferences for Isik Tarim Urunleri
Sanayi ve Ticaret A.S. (Isik Tarim) and
Yamanlar Tarim Urunleri (Yamanlar).
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 84 FR at 22810.
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
margins determined entirely under
section 776 of the Act. We cannot apply
the methodology described in section
735(c)(5)(A) of the Act to calculate the
all-others rate, as the margins in this
preliminary determination were
calculated entirely under section 776 of
the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available, Commerce may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters. In cases where dumping
margins are determined entirely under
section 776 of the Act for individually
examined entities, Commerce’s normal
practice under these circumstances is to
calculate the all-others rate as a simple
average of the alleged dumping
margin(s) from the petition.5 Therefore,
as the all-others rate, we are assigning
the simple average of the dumping
margins alleged in the Petition, which is
541.29 percent. For a full description of
the methodology underlying
Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated dumping
margins exist during the period April 1,
2018 through March 31, 2019:
Margin
(percent)
Producer/exporter
Isik Tarim Urunleri Sanayi ve
Ticaret A.S. .............................
Yamanlar Tarim Urunleri ............
All Others ....................................
**648.35
**648.35
541.29
**Adverse Facts Available (AFA)
jbell on DSK3GLQ082PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
5 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); and Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014).
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18:29 Sep 26, 2019
Jkt 247001
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated dumping margin or the
estimated all-others rate, as follows: (1)
The cash deposit rate for the
respondents listed above will be equal
to the company-specific estimated
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated simple-average
dumping margin. These suspension of
liquidation instructions will remain in
effect until further notice.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. However, in this investigation,
we made no adjustments to the allothers antidumping cash deposit rates
because Commerce made no findings in
the companion CVD investigation that
any of the subsidies in question are
export subsidies.6
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
6 See Dried Tart Cherries from the Republic of
Turkey: Preliminary Affirmative Countervailing
Duty Determination (signed on July 31, 2019);see
also Circular Welded Carbon-Quality Steel Pipe
from Pakistan: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 36867
(June 8, 2016) and accompanying Preliminary
Decision Memorandum at page 13, unchanged in
Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Determination of Sales
at Less Than Fair Value, 81 FR 75028 (October 28,
2016).
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51113
preliminarily applied AFA to the
individually examined companies, Isik
Tarim and Yamanlar, in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the petition,
there are no calculations to disclose.
Verification
Because the examined respondents in
this investigation did not respond to the
antidumping questionnaire, we will not
conduct verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination. 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 investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
7 See 19 CFR 351.309; see also, 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: September 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix II
jbell on DSK3GLQ082PROD with NOTICES
Appendix I
Scope of the Investigation
The scope of this investigation covers dried
tart cherries, which may also be referred to
as, e.g., dried sour cherries or dried red tart
cherries. Dried tart cherries may be processed
from any variety of tart cherries. Tart cherries
are generally classified as Prunus cerasus.
Types of tart cherries include, but are not
limited to, Amarelle, Kutahya, Lutowka,
Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the scope
of this investigation regardless of the
horticulture method through which the
cherries were produced (e.g., organic or not),
whether or not they contain any added sugar
or other sweetening matter, whether or not
they are coated in oil or rice flour, whether
infused or not infused, and regardless of the
infusion ingredients, including sugar,
sucrose, fruit juice, and any other infusion
ingredients. The scope includes partially
rehydrated dried tart cherries that retain the
character of dried fruit. The subject
merchandise covers all shapes, sizes, and
colors of dried tart cherries, whether pitted
or unpitted, and whether whole, chopped,
minced, crumbled, broken, or otherwise
reduced in size. The scope covers dried tart
cherries in all types of packaging, regardless
of the size or packaging material.
Included in the scope of this investigation
are dried tart cherries that otherwise meet the
definition above that are packaged with nonsubject products, including, but not limited
to, mixtures of dried fruits and mixtures of
dried fruits and nuts, where the smallest
individual packaging unit of any such
product contains a majority (i.e., 50 percent
or more) of dried tart cherries by dry net
weight. Only the dried tart cherry
components of such products are covered by
this investigation; the scope does not include
the non-subject components of such
products.
Included in the scope of this investigation
are dried tart cherries that have been further
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18:29 Sep 26, 2019
Jkt 247001
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.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Product Characteristics
VII. Application of Facts Available and Use
of Adverse Inference
VIII. All Others Rate
IX. Verification
X. Recommendation
[FR Doc. 2019–21003 Filed 9–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Notice of Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2019, the
Department of Commerce (Commerce)
published the preliminary results of the
changed circumstances review of the
antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
India. For these final results, Commerce
continues to find that Sunrise Seafoods
India Private Limited (SSIPL) is the
successor-in-interest to Sunrise Aqua
Food Exports (SAFE).
DATES: Applicable September 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2018, SSIPL requested
that Commerce conduct an expedited
changed circumstances review,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216(b), and 19 CFR
351.221(c)(3), to confirm that SSIPL is
the successor-in-interest to SAFE for
purposes of determining antidumping
duty cash deposits and liabilities. In its
submission, SSIPL explained that SAFE
undertook a business reorganization and
transferred its shrimp business to
SSIPL.1
On December 26, 2018, Commerce
initiated this changed circumstances
review, and on August 12, 2019,
Commerce published the notice of
preliminary results, determining that
SSIPL is the successor-in-interest to
SAFE.2 In the Preliminary Results, we
provided all interested parties with an
opportunity to comment and request a
public hearing regarding our
preliminary finding that SSIPL is the
successor-in-interest to SAFE.3 We
received no comments or requests for a
public hearing from interested parties
within the time period set forth in the
Preliminary Results.4
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.5
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
AGENCY:
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1 See SSIPL’s Letter, ‘‘Frozen Warmwater Shrimp
from India: Request to Initiate a Successor-inInterest Changed Circumstances Review,’’ dated
October 31, 2019.
2 See Certain Frozen Warmwater Shrimp from
India: Initiation of Antidumping Duty Changed
Circumstances Review, 83 FR 66244 (December 26,
2018); see also Certain Frozen Warmwater Shrimp
from India: Preliminary Results of Antidumping
Duty Changed Circumstances Review, 84 FR 39809
(August 12, 2019) (Preliminary Results).
3 See Preliminary Results, 84 FR at 39810.
4 Id.
5 For a complete description of the Scope of the
Order, see Certain Frozen Warmwater Shrimp from
India: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 32835
(July 16, 2018) (12th AR of Shrimp from India), and
accompanying Issues and Decision Memorandum at
‘‘Scope of the Order’’ section.
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]]>Agencies
[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51112-51114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21003]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-835]
Dried Tart Cherries From the Republic of Turkey: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that dried tart cherries (cherries) from the Republic of Turkey
(Turkey) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is April
1, 2018 through March 31, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable September 27, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Alice Maldonado, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-1959 or (202) 482-4682,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 20,
2019.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Dried Tart Cherries from the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigation, 84 FR 22809 (May
20, 2019) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Dried
Tart Cherries from the Republic of Turkey,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are dried tart cherries
from Turkey. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 84 FR at 22810.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available with
adverse inferences for Isik Tarim Urunleri Sanayi ve Ticaret A.S. (Isik
Tarim) and Yamanlar Tarim Urunleri (Yamanlar). For a full description
of the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any
[[Page 51113]]
margins determined entirely under section 776 of the Act. We cannot
apply the methodology described in section 735(c)(5)(A) of the Act to
calculate the all-others rate, as the margins in this preliminary
determination were calculated entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. In cases where dumping
margins are determined entirely under section 776 of the Act for
individually examined entities, Commerce's normal practice under these
circumstances is to calculate the all-others rate as a simple average
of the alleged dumping margin(s) from the petition.\5\ Therefore, as
the all-others rate, we are assigning the simple average of the dumping
margins alleged in the Petition, which is 541.29 percent. For a full
description of the methodology underlying Commerce's analysis, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
dumping margins exist during the period April 1, 2018 through March 31,
2019:
------------------------------------------------------------------------
Margin
Producer/exporter (percent)
------------------------------------------------------------------------
Isik Tarim Urunleri Sanayi ve Ticaret A.S................... **648.35
Yamanlar Tarim Urunleri..................................... **648.35
All Others.................................................. 541.29
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**Adverse Facts Available (AFA)
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated dumping margin or the estimated all-others rate, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated simple-average dumping margin. These
suspension of liquidation instructions will remain in effect until
further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. However, in this investigation, we made no adjustments to
the all-others antidumping cash deposit rates because Commerce made no
findings in the companion CVD investigation that any of the subsidies
in question are export subsidies.\6\
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\6\ See Dried Tart Cherries from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination (signed on
July 31, 2019);see also Circular Welded Carbon-Quality Steel Pipe
from Pakistan: Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 36867 (June 8, 2016) and
accompanying Preliminary Decision Memorandum at page 13, unchanged
in Circular Welded Carbon-Quality Steel Pipe from Pakistan: Final
Affirmative Determination of Sales at Less Than Fair Value, 81 FR
75028 (October 28, 2016).
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined companies, Isik Tarim and Yamanlar, in
this investigation, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the petition, there are no
calculations to disclose.
Verification
Because the examined respondents in this investigation did not
respond to the antidumping questionnaire, we will not conduct
verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
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 investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
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\7\ See 19 CFR 351.309; see also, 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
[[Page 51114]]
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Product Characteristics
VII. Application of Facts Available and Use of Adverse Inference
VIII. All Others Rate
IX. Verification
X. Recommendation
[FR Doc. 2019-21003 Filed 9-26-19; 8:45 am]
BILLING CODE 3510-DS-P
