Hardwood Plywood Products From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2019, 51111-51112 [2019-21004]

Download as PDF Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices 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. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of our 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. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) 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. VerDate Sep<11>2014 18:29 Sep 26, 2019 Jkt 247001 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. List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Use of Facts Otherwise Available and Adverse Inferences VI. Analysis of Programs VII. Recommendation [FR Doc. 2019–21006 Filed 9–26–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–051] Hardwood Plywood Products From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is rescinding the new shipper review of the antidumping duty order on hardwood plywood products from the People’s Republic of China for the period January 1, 2019, through June 30, 2019, based on the timely withdrawal of the request for review. DATES: Applicable September 27, 2019. FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 51111 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8194. Background On January 4, 2018, the Department of Commerce (Commerce) published the antidumping duty order on hardwood plywood products (plywood) from the People’s Republic of China (China).1 On July 30, 2019, Commerce received a timely new shipper review (NSR) request from Xuzhou Constant Forest Industry Co., Ltd. (Constant Forest), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c).2 On August 27, 2019, in accordance with section 751(a)(2)(B) of the Act, and 19 CFR 351.214(b), Commerce initiated a NSR of the antidumping duty order on plywood from China with respect to Constant Forest.3 On September 12, 2019, Constant Forest timely withdrew its request for a NSR.4 Rescission of Review Pursuant to 19 CFR 351.214(f)(1), Commerce will rescind a NSR, in whole or in part, if the party that requested the review withdraws its request within 60 days of the publication date of the notice of initiation of the requested review. Constant Forest withdrew its request for review within the 60-day deadline. Because Commerce received no other requests for review of Constant Forest, we are rescinding the NSR covering the period January 1, 2019 through June 30, 2019, in full, in accordance with 19 CFR 351.214(f)(1). Consequently, we will continue to treat Constant Forest as part of the Chinawide entity. Assessment Because we are rescinding the NSR of Constant Forest, we are not making a determination as to whether Constant Forest qualifies for a separate rate. Therefore, we will continue to treat Constant Forest a part of the China-wide entity and any entries covered by this NSR will be assessed at the China-wide rate. The China-wide entity is not under 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018). 2 See Constant Forest’s Letter, ‘‘Certain Hardwood Plywood Products from the People’s Republic of China—Request for New Shipper Review,’’ dated July 30, 2019. 3 See Hardwood Plywood Products from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2019, 84 FR 44862 (August 27, 2019). 4 See Constant Forest’s Letter, ‘‘Certain Hardwood Plywood Products from the People’s Republic of China—Withdrawal of Request for New Shipper Review,’’ dated September 12, 2019. E:\FR\FM\27SEN1.SGM 27SEN1 51112 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). VerDate Sep<11>2014 18:29 Sep 26, 2019 Jkt 247001 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 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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. E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51111-51112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21004]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051]


Hardwood Plywood Products From the People's Republic of China: 
Rescission of Antidumping Duty New Shipper Review; 2019

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

SUMMARY: The Department of Commerce is rescinding the new shipper 
review of the antidumping duty order on hardwood plywood products from 
the People's Republic of China for the period January 1, 2019, through 
June 30, 2019, based on the timely withdrawal of the request for 
review.

DATES: Applicable September 27, 2019.

FOR FURTHER INFORMATION CONTACT: Jasun Moy, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-8194.

Background

    On January 4, 2018, the Department of Commerce (Commerce) published 
the antidumping duty order on hardwood plywood products (plywood) from 
the People's Republic of China (China).\1\ On July 30, 2019, Commerce 
received a timely new shipper review (NSR) request from Xuzhou Constant 
Forest Industry Co., Ltd. (Constant Forest), in accordance with section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c).\2\ On August 27, 2019, in accordance with section 
751(a)(2)(B) of the Act, and 19 CFR 351.214(b), Commerce initiated a 
NSR of the antidumping duty order on plywood from China with respect to 
Constant Forest.\3\ On September 12, 2019, Constant Forest timely 
withdrew its request for a NSR.\4\
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018).
    \2\ See Constant Forest's Letter, ``Certain Hardwood Plywood 
Products from the People's Republic of China--Request for New 
Shipper Review,'' dated July 30, 2019.
    \3\ See Hardwood Plywood Products from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review; 2019, 84 
FR 44862 (August 27, 2019).
    \4\ See Constant Forest's Letter, ``Certain Hardwood Plywood 
Products from the People's Republic of China--Withdrawal of Request 
for New Shipper Review,'' dated September 12, 2019.
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Rescission of Review

    Pursuant to 19 CFR 351.214(f)(1), Commerce will rescind a NSR, in 
whole or in part, if the party that requested the review withdraws its 
request within 60 days of the publication date of the notice of 
initiation of the requested review. Constant Forest withdrew its 
request for review within the 60-day deadline. Because Commerce 
received no other requests for review of Constant Forest, we are 
rescinding the NSR covering the period January 1, 2019 through June 30, 
2019, in full, in accordance with 19 CFR 351.214(f)(1). Consequently, 
we will continue to treat Constant Forest as part of the China-wide 
entity.

Assessment

    Because we are rescinding the NSR of Constant Forest, we are not 
making a determination as to whether Constant Forest qualifies for a 
separate rate. Therefore, we will continue to treat Constant Forest a 
part of the China-wide entity and any entries covered by this NSR will 
be assessed at the China-wide rate. The China-wide entity is not under

[[Page 51112]]

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.
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 12200 (April 1, 2019).
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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.

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).

    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