Fresh Garlic From the People's Republic of China: Final Results of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Infang Fruit & Vegetable Co., Ltd., 61023-61024 [2019-24539]
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Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices
Public Comment
All interested parties will have the
opportunity to submit case and rebuttal
briefs on the preliminary scope
determination. The deadline for these
comments will be established in the
Federal Register notice regarding the
preliminary determination of the
companion antidumping duty
investigation of collated staples from
China to be issued at a later date.
Case briefs or other written
comments, not pertaining to scope
issues, may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.14
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.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. Pursuant to section
705(b)(2) of the Act, if the final
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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17:47 Nov 08, 2019
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61023
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after Commerce’s final
determination.
VI. Diversification of China’s Economy
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation
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).
[FR Doc. 2019–24459 Filed 11–8–19; 8:45 am]
Dated: November 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
International Trade Administration
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation is certain collated steel
staples. Certain collated steel staples subject
to this proceeding are made from steel wire
having a nominal diameter from 0.0355 inch
to 0.0830 inch, inclusive, and have a nominal
leg length from 0.25 inch to 3.0 inches,
inclusive, and a nominal crown width from
0.187 inch to 1.125 inch, inclusive.
Certain collated steel staples may be
manufactured from any type of steel, and are
included in the scope of the investigations
regardless of whether they are uncoated or
coated, and regardless of the type or number
of coatings, including but not limited to
coatings to inhibit corrosion.
Certain collated steel staples may be
collated using any material or combination of
materials, including but not limited to
adhesive, glue, and adhesive film or adhesive
or paper tape.
Certain collated steel staples are generally
made to American Society for Testing and
Materials (ASTM) specification ASTM
F1667–18a, but can also be made to other
specifications.
Excluded from the scope of these
investigations are any carton-closing staples
covered by the scope of the existing
antidumping duty order on Carton-Closing
Staples from the People’s Republic of China.
See Carton-Closing Staples From the People’s
Republic of China: Antidumping Duty Order,
83 FR 20792 (May 8, 2018).
Certain collated steel staples subject to
these investigations are currently classifiable
under subheading 8305.20.0000 of the
Harmonized Tariff Schedule of the United
States (HTSUS).
While the HTSUS subheading and ASTM
specification are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Preliminary Determination of Critical
Circumstances
IV. Alignment
V. Injury Test
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results of the
Semiannual Antidumping Duty New
Shipper Review of Jinxiang Infang
Fruit & Vegetable Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has conducted a new
shipper review (NSR) of Jinxiang Infang
Fruit & Vegetable Co., Ltd. (Infang)
regarding the antidumping duty order
on fresh garlic from the People’s
Republic of China (China). The period
of review (POR) is November 1, 2017
through May 31, 2018. Based on our
analysis of the comments received, we
continue to find that Infang’s sale was
a bona fide transaction, and that that
sale was made below normal value
(NV).
AGENCY:
Applicable November 12, 2019.
Alex
Cipolla, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On July 9, 2018, at the request of
Infang, Commerce published a notice of
initiation of a new shipper review of
fresh garlic from China for the period
November 1, 2017 through May 31,
2018.1 On June 13, 2019, Commerce
published the preliminary results of this
new shipper review.2 On August 29,
1 See Fresh Garlic from the People’s Republic of
China: Initiation of Semiannual Antidumping Duty
New Shipper Review; 2017–2018, 83 FR 31734 (July
9, 2018); see also Infang’s Letter, ‘‘Fresh Garlic from
the People’s Republic of China—Request for New
Shipper Review,’’ dated May 23, 2018.
2 See Fresh Garlic from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty New Shipper Review, 84 FR 27585 (June 13,
2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
E:\FR\FM\12NON1.SGM
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61024
Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices
2019, the deadline for the final results
was extended to November 1, 2019.3 On
September 19, 2019, Commerce
cancelled the planned verification of
Infang’s responses due to the
petitioners’ 4 withdrawal of their
verification request.5
A summary of the events that
occurred since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for this final determination, are found in
the Issues and Decision Memorandum,
hereby adopted by this notice.6 The
Issues and 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 it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Issues and Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves. The subject merchandise is
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700, and
2005.99.9700. A full description of the
scope of the order is contained in the
Issues and Decision Memorandum.7
Although the HTSUS subheadings are
3 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—2017–2018
Semiannual Antidumping Duty New Shipper
Review: Extension of Deadline for the Final Results
of the Review,’’ dated August 29, 2019.
4 The petitioners are the Fresh Garlic Producers
Association (FGPA) and its individual members:
Christopher Ranch L.L.C., the Garlic Company, and
Valley Garlic.
5 See Petitioners’ Letter, ‘‘27th New Shipper
Review of the Antidumping Duty Order on Fresh
Garlic from the People’s Republic of China—
Petitioners’ Withdrawal of Request for
Verification,’’ dated August 23, 2019.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Semiannual 2017–2018
Antidumping Duty New Shipper Review: Fresh
Garlic from the People’s Republic of China,’’ dated
November 1, 2019 (Issues and Decision
Memorandum).
7 See the Issues and Decision Memorandum.
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17:47 Nov 08, 2019
Jkt 250001
provided for convenience and customs
purposes, the written product
description is dispositive.
Final Results of New Shipper Review
As explained in the Issues and
Decision Memorandum, we continue to
find that Infang’s sale is bona fide
within the meaning of section
751(a)(2)(B)(iv) of the Tariff Act of 1930,
as amended (the Act). Commerce
continues to find that the following
weighted-average dumping margin
exists for the period November 1, 2017
through May 31, 2018:
Producer/exporter
Producer: Jinxiang Excelink
Foodstuffs Co., Ltd .................
Exporter: Jinxiang Infang Fruit &
Vegetable Co., Ltd.
Weightedaverage
dumping
margin
(dollars
per kg)
4.31
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that are raised in the
briefs and addressed in the Issues and
Decision Memorandum is in the
Appendix to this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of the
NSR of Infang for shipments of subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act. Commerce will instruct U.S.
Customs and Border Protection (CBP) to
collect the following cash deposits: (1)
For subject merchandise produced and
exported by the producer and exporter
combination listed in the ‘‘Final Results
of New Shipper Review’’ section above,
the cash deposit rate will be the rate
listed above; (2) for subject merchandise
exported by Infang, but not produced by
Jinxiang Excelink Foodstuffs Co., Ltd.,
the cash deposit rate will be the rate for
the China-wide entity; and (3) for
subject merchandise produced by
Jinxiang Excelink Foodstuffs Co., Ltd.,
but not exported by Infang, the cash
deposit rate will be the rate applicable
to the relevant exporter. These deposit
requirements shall remain in effect until
further notice.
Assessment Instructions
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), Commerce
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Fmt 4703
Sfmt 9990
has determined, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions directly to CBP
15 days after publication of this notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of business proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
We request timely written notification
of return or destruction of APO
materials or conversion to judicial
protective order. Failure to comply with
the regulations and the terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Act and 19 CFR
351.214.
Dated: November 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Romania or Mexico
is a Significant Producer of Comparable
Merchandise
Comment 2: Whether the Garlic Market in
Romania is Distorted
Comment 3: Whether Garlic Grown in
Romania or Mexico is of a Comparable
Size to Garlic in China
Comment 4: Whether Romania or Mexico
Offer the Best Data
V. Recommendation
[FR Doc. 2019–24539 Filed 11–8–19; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\12NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61023-61024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24539]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
of the Semiannual Antidumping Duty New Shipper Review of Jinxiang
Infang Fruit & Vegetable Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has conducted a new
shipper review (NSR) of Jinxiang Infang Fruit & Vegetable Co., Ltd.
(Infang) regarding the antidumping duty order on fresh garlic from the
People's Republic of China (China). The period of review (POR) is
November 1, 2017 through May 31, 2018. Based on our analysis of the
comments received, we continue to find that Infang's sale was a bona
fide transaction, and that that sale was made below normal value (NV).
DATES: Applicable November 12, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2018, at the request of Infang, Commerce published a
notice of initiation of a new shipper review of fresh garlic from China
for the period November 1, 2017 through May 31, 2018.\1\ On June 13,
2019, Commerce published the preliminary results of this new shipper
review.\2\ On August 29,
[[Page 61024]]
2019, the deadline for the final results was extended to November 1,
2019.\3\ On September 19, 2019, Commerce cancelled the planned
verification of Infang's responses due to the petitioners' \4\
withdrawal of their verification request.\5\
---------------------------------------------------------------------------
\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-
2018, 83 FR 31734 (July 9, 2018); see also Infang's Letter, ``Fresh
Garlic from the People's Republic of China--Request for New Shipper
Review,'' dated May 23, 2018.
\2\ See Fresh Garlic from the People's Republic of China:
Preliminary Results of the Antidumping Duty New Shipper Review, 84
FR 27585 (June 13, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\3\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--2017-2018 Semiannual Antidumping Duty New Shipper Review:
Extension of Deadline for the Final Results of the Review,'' dated
August 29, 2019.
\4\ The petitioners are the Fresh Garlic Producers Association
(FGPA) and its individual members: Christopher Ranch L.L.C., the
Garlic Company, and Valley Garlic.
\5\ See Petitioners' Letter, ``27th New Shipper Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China--Petitioners' Withdrawal of Request for Verification,'' dated
August 23, 2019.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Results, as well as a full discussion of the issues raised
by parties for this final determination, are found in the Issues and
Decision Memorandum, hereby adopted by this notice.\6\ The Issues and
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 it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Semiannual 2017-2018 Antidumping Duty New Shipper Review:
Fresh Garlic from the People's Republic of China,'' dated November
1, 2019 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves. The subject
merchandise is currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000,
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, and 2005.99.9700. A full description of the scope of the
order is contained in the Issues and Decision Memorandum.\7\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written product description is dispositive.
---------------------------------------------------------------------------
\7\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of New Shipper Review
As explained in the Issues and Decision Memorandum, we continue to
find that Infang's sale is bona fide within the meaning of section
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act).
Commerce continues to find that the following weighted-average dumping
margin exists for the period November 1, 2017 through May 31, 2018:
------------------------------------------------------------------------
Weighted-
average
dumping
Producer/exporter margin
(dollars
per kg)
------------------------------------------------------------------------
Producer: Jinxiang Excelink Foodstuffs Co., Ltd............. 4.31
Exporter: Jinxiang Infang Fruit & Vegetable Co., Ltd........
------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that are
raised in the briefs and addressed in the Issues and Decision
Memorandum is in the Appendix to this notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the NSR of Infang for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act. Commerce will instruct U.S. Customs
and Border Protection (CBP) to collect the following cash deposits: (1)
For subject merchandise produced and exported by the producer and
exporter combination listed in the ``Final Results of New Shipper
Review'' section above, the cash deposit rate will be the rate listed
above; (2) for subject merchandise exported by Infang, but not produced
by Jinxiang Excelink Foodstuffs Co., Ltd., the cash deposit rate will
be the rate for the China-wide entity; and (3) for subject merchandise
produced by Jinxiang Excelink Foodstuffs Co., Ltd., but not exported by
Infang, the cash deposit rate will be the rate applicable to the
relevant exporter. These deposit requirements shall remain in effect
until further notice.
Assessment Instructions
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of business proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We
request timely written notification of return or destruction of APO
materials or conversion to judicial protective order. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: November 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Romania or Mexico is a Significant Producer
of Comparable Merchandise
Comment 2: Whether the Garlic Market in Romania is Distorted
Comment 3: Whether Garlic Grown in Romania or Mexico is of a
Comparable Size to Garlic in China
Comment 4: Whether Romania or Mexico Offer the Best Data
V. Recommendation
[FR Doc. 2019-24539 Filed 11-8-19; 8:45 am]
BILLING CODE 3510-DS-P
