Dried Tart Cherries From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 51109-51111 [2019-21006]

Download as PDF Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices information beyond that collected on form FS–7700–40 will be collected on forms FS–7700–41 and FS–7700–48. Estimate of Annual Burden: 15 minutes per application. Type of Respondents: All those who need to use NFS roads, NFS trails, or areas on NFS lands that are restricted by regulation or order. Estimated Annual Number of Respondents: 20,000. Estimated Annual Number of Responses per Respondent: One. Estimated Total Annual Burden on Respondents: 5,000 hours. Public Comment: Public comment is invited on (1) whether this information collection is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency’s estimate of the burden of the information collection, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the information collection on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the request for OMB approval of the information collection. Dated: September 13, 2019. Richard A. Cooksey, Acting Associate Deputy Chief, National Forest System. Mississippi. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on September 23, 2019. The proposed subzone would consist of the following sites in Monroe County: Site 1 (52.8 acres)—30440 Old Highway 41, Nettleton; and, Site 2 (10.5 acres)— 61312 Highway 278 East, Amory. No authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 158. In accordance with the FTZ Board’s regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 6, 2019. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to November 21, 2019. A copy of the application will be available for public inspection in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@ trade.gov or (202) 482–2350. Dated: September 23, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–21009 Filed 9–26–19; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2019–21024 Filed 9–26–19; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3411–15–P Foreign-Trade Zones Board DEPARTMENT OF COMMERCE [B–37–2019] Foreign-Trade Zones Board Foreign-Trade Zone (FTZ) 230— Piedmont Triad Area, North Carolina; Authorization of Production Activity MVP International Group, Inc. (Candles, Reed Diffusers, Wax Melts) Elkin and Boonville, North Carolina [S–191–2019] jbell on DSK3GLQ082PROD with NOTICES Foreign-Trade Zone 158—Vicksburg, Mississippi; Application for Subzone; United Furniture Industries, Inc.; Nettleton and Amory (Monroe County), Mississippi An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Greater Mississippi Foreign-Trade Zone, Inc., grantee of FTZ 158, requesting subzone status for the facilities of United Furniture Industries, Inc., located in Nettleton and Amory, VerDate Sep<11>2014 18:29 Sep 26, 2019 Jkt 247001 On May 24, 2019, the Piedmont Triad Partnership, grantee of FTZ 230 submitted a notification of proposed production activity to the FTZ Board on behalf of MVP International Group, Inc., within FTZ 230, in Elkin and Boonville, North Carolina. The notification was processed in accordance with the regulations of the PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 51109 FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (84 FR 25521, June 3, 2019). On September 23, 2019, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: September 23, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–21008 Filed 9–26–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–836] Dried Tart Cherries From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of dried tart cherries (cherries) from the Republic of Turkey (Turkey). The period of investigation is January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable September 27, 2019. FOR FURTHER INFORMATION CONTACT: Ajay Menon or Maria Tatarska, 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) 482–1993 or (202) 482–1562, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(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 On July 3, 2019, Commerce postponed the preliminary determination of this investigation and the revised deadline is now September 1 See Dried Tart Cherries from the Republic of Turkey: Initiation of Countervailing Duty Investigation, 84 FR 22813 (May 20, 2019) (Initiation Notice). E:\FR\FM\27SEN1.SGM 27SEN1 51110 Federal Register / Vol. 84, No. 188 / Friday, September 27, 2019 / Notices 20, 2019.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed 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 is available 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 electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is 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,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. jbell on DSK3GLQ082PROD with NOTICES Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, we relied in total on facts available and, because we find that 2 See Dried Tart Cherries from the Republic of Turkey: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 84 FR 31840 (July 3, 2019). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Dried Tart Cherries from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 18:29 Sep 26, 2019 Jkt 247001 neither the Government of Turkey nor the mandatory respondents acted to the best of their ability to respond to Commerce’s requests for information, we drew an adverse inference in selecting from among the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual estimated countervailable subsidy rates 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 subsidy rate for all other producers or exporters. In this investigation, we preliminarily determined the individually estimated subsidy rate for each of the individually examined respondents based entirely on facts available under section 776 of the Act. Consequently, pursuant to sections 703(d) and 705(c)(5)(A)(ii) of the Act, we have established the all-others rate by applying the countervailable subsidy rate assigned to the mandatory respondents. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification Because the examined respondents in this investigation did not provide information requested by Commerce and Commerce preliminarily determines each of the examined respondents to have been uncooperative, it 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.8 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 Preliminary Determination table of authorities. Commerce preliminarily determines Pursuant to 19 CFR 351.310(c), that the following estimated interested parties who wish to request a countervailable subsidy rates exist: hearing, limited to issues raised in the case and rebuttal briefs, must submit a Subsidy written request to the Assistant Company rate Secretary for Enforcement and (percent) Compliance, U.S. Department of Isik Tarim Urunleri Commerce within 30 days after the date Sanayi ve of publication of this notice. Requests Ticaret A.S ........ 204.93 should contain the party’s name, Yamanlar Tarim address, and telephone number, the Urunleri .............. 204.93 number of participants, whether any All Others .............. 204.93 participant is a foreign national, and a list of the issues to be discussed. If a Suspension of Liquidation request for a hearing is made, Commerce In accordance with section intends to hold the hearing at the U.S. 703(d)(1)(B) and (d)(2) of the Act, Department of Commerce, 1401 Commerce will direct U.S. Customs and 7 See PO 00000 sections 776(a) and (b) of the Act. Frm 00004 Fmt 4703 Sfmt 4703 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\27SEN1.SGM 27SEN1 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

Agencies

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51109-51111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21006]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-836]


Dried Tart Cherries From the Republic of Turkey: Preliminary 
Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of dried tart cherries (cherries) from the Republic of Turkey 
(Turkey). The period of investigation is January 1, 2018 through 
December 31, 2018. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable September 27, 2019.

FOR FURTHER INFORMATION CONTACT: Ajay Menon or Maria Tatarska, 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) 482-1993 or (202) 482-1562, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(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\ On July 3, 2019, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
September

[[Page 51110]]

20, 2019.\2\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed 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 is available 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 electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Dried Tart Cherries from the Republic of Turkey: 
Initiation of Countervailing Duty Investigation, 84 FR 22813 (May 
20, 2019) (Initiation Notice).
    \2\ See Dried Tart Cherries from the Republic of Turkey: 
Postponement of Preliminary Determination in the Countervailing Duty 
Investigation, 84 FR 31840 (July 3, 2019).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty 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 product covered by this investigation is 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,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, we relied in total 
on facts available and, because we find that neither the Government of 
Turkey nor the mandatory respondents acted to the best of their ability 
to respond to Commerce's requests for information, we drew an adverse 
inference in selecting from among the facts otherwise available.\7\ For 
further information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual 
estimated countervailable subsidy rates 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 subsidy rate for all other 
producers or exporters. In this investigation, we preliminarily 
determined the individually estimated subsidy rate for each of the 
individually examined respondents based entirely on facts available 
under section 776 of the Act. Consequently, pursuant to sections 703(d) 
and 705(c)(5)(A)(ii) of the Act, we have established the all-others 
rate by applying the countervailable subsidy rate assigned to the 
mandatory respondents.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                    Company                       Subsidy rate (percent)
------------------------------------------------------------------------
Isik Tarim Urunleri Sanayi ve Ticaret A.S......                   204.93
Yamanlar Tarim Urunleri........................                   204.93
All Others.....................................                   204.93
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (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 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    Because the examined respondents in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determines each of the examined respondents to have been uncooperative, 
it 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.\8\ 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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

[[Page 51111]]

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 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. 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
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