Dried Tart Cherries From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 51109-51111 [2019-21006]
Download as PDF
<![CDATA[
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]
-----------------------------------------------------------------------
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
