Dried Tart Cherries From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value, 67429-67430 [2019-26551]

Download as PDF Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Brunt by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Brunt may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Brunt and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until March 1, 2029. Issued this 3rd day of December, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–835] Dried Tart Cherries From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that dried tart cherries (cherries) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable December 10, 2019. FOR FURTHER INFORMATION CONTACT: Alex Wood or Alice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 (202) 482–1959 or (202) 482–4682, respectively. Determination and the accompanying Preliminary Decision Memorandum.2 SUPPLEMENTARY INFORMATION: All-Others Rate Background As discussed in the Preliminary Determination, Commerce calculated the all-others rate as a simple average of the alleged dumping margin(s) from the petition, in accordance with section 735(c)(5)(A) of the Act.3 We made no changes to the selection of the all-others rate for this final determination. This final determination is made in accordance with section 735 of the Tariff Act of 1930, as amended (the Act). The petitioner in this investigation is the Dried Tart Cherry Trade Committee. The mandatory respondents in this investigation are Isik Tarim Urunleri Sanayi ve Ticaret A.S. (Isik Tarim) and Yamanlar Tarim Urunleri (Yamanlar Tarim). Neither of the mandatory respondents responded to our requests for information in this investigation. On September 27, 2019, Commerce published in the Federal Register the Preliminary Determination and invited interested parties to comment.1 We received no comments regarding the Preliminary Determination. Final Determination Commerce determines the following estimated dumping margins: Company Period of Investigation Isik Tarim Urunleri Sanayi ve Ticaret A.S. ............................. Yamanlar Tarim Urunleri ............ All Others .................................... The period of investigation is April 1, 2018 through March 31, 2019. Disclosure Scope of the Investigation The products covered by this investigation are cherries from Turkey. For a complete description of the scope of this investigation, see the appendix to this notice. Methodology—Adverse Facts Available (AFA) [FR Doc. 2019–26486 Filed 12–9–19; 8:45 am] 67429 For purposes of this final determination, we relied solely on facts available because neither of the selected mandatory respondents participated in this investigation, pursuant to section 776(a)(2)(A)–(C) of the Act. Further, because the mandatory respondents did not cooperate to the best of their abilities in responding to our requests for information in this investigation, we drew adverse inferences in selecting from among the facts otherwise available, in accordance with section 776(b) of the Act. No interested party submitted comments on the Preliminary Determination. Therefore, consistent with the Preliminary Determination, we continue to apply adverse facts available to Isik Tarim and Yamanlar Tarim for this final determination, and we made no changes to the estimated dumping margins for the mandatory respondents for the final determination. A detailed discussion of our application of AFA is provided in the Preliminary 1 See Dried Tart Cherries from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 84 FR 51112 (September 27, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Weightedaverage dumping margins (percent) 648.35 648.35 541.29 Because Commerce applied AFA to the individually-examined companies, Isik Tarim and Yamanlar Tarim, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose for this final determination pursuant to 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue the suspension of liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after September 27, 2019, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, Commerce will instruct CBP to require a cash deposit in the amounts shown above. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also instruct CBP to collect a cash deposit equal to the estimated dumping margin as follows: (1) The cash deposit rate listed for the respondents listed in the chart above will be equal to the respondent-specific estimated dumping margin that we have determined in this final determination; (2) if the exporter is not a respondent 2 Id. PDM at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 3 See Preliminary Determination, 84 FR at 51113. E:\FR\FM\10DEN1.SGM 10DEN1 67430 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weightedaverage dumping margin. These suspension of liquidation instructions will remain in effect until further notice. jbell on DSKJLSW7X2PROD with NOTICES ITC Notification In accordance with section 735(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Because the final determination in this proceeding is affirmative, in accordance with section 735(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of cherries from Turkey no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 APO is a violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 735(d) and 777(i) of the Act. Dated: December 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Scope of the Investigation The scope of this investigation covers dried tart cherries, which may also be referred to as, e.g., dried sour cherries or dried red tart cherries. Dried tart cherries may be processed from any variety of tart cherries. Tart cherries are generally classified as Prunus cerasus. Types of tart cherries include, but are not limited to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and Oblacinska. Dried tart cherries are covered by the scope of this investigation regardless of the horticulture method through which the cherries were produced (e.g., organic or not), whether or not they contain any added sugar or other sweetening matter, whether or not they are coated in oil or rice flour, whether infused or not infused, and regardless of the infusion ingredients, including sugar, sucrose, fruit juice, and any other infusion ingredients. The scope includes partially rehydrated dried tart cherries that retain the character of dried fruit. The subject merchandise covers all shapes, sizes, and colors of dried tart cherries, whether pitted or unpitted, and whether whole, chopped, minced, crumbled, broken, or otherwise reduced in size. The scope covers dried tart cherries in all types of packaging, regardless of the size or packaging material. Included in the scope of this investigation are dried tart cherries that otherwise meet the definition above that are packaged with nonsubject products, including, but not limited to, mixtures of dried fruits and mixtures of dried fruits and nuts, where the smallest individual packaging unit of any such product contains a majority (i.e., 50 percent or more) of dried tart cherries by dry net weight. Only the dried tart cherry components of such products are covered by this investigation; the scope does not include the non-subject components of such products. Included in the scope of this investigation are dried tart cherries that have been further 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.). Frm 00008 [FR Doc. 2019–26551 Filed 12–9–19; 8:45 am] BILLING CODE 3510–DS–P Appendix PO 00000 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. Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–489–836] Dried Tart Cherries From the Republic of Turkey: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of dried tart cherries (cherries) from the Republic of Turkey (Turkey). DATES: Applicable December 10, 2019. FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background This final determination is made in accordance with section 705 of the Tariff Act of 1930, as amended (the Act). The petitioner in this investigation is the Dried Tart Cherry Trade Committee.1 The mandatory respondents in this investigation are Isik Tarim Urunleri Sanayi ve Ticaret A.S. (Isik Tarim) and Yamanlar Tarim Urunleri (Yamanlar Tarim). Neither the mandatory respondents, nor the Government of Turkey, responded to our requests for information in this investigation. On September 27, 2019, Commerce published in the Federal Register the Preliminary Determination and invited interested parties to comment.2 We received no comments 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties: Dried Tart Cherries from the Republic of Turkey,’’ dated April 23, 2019. 2 See Dried Tart Cherries from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, 84 FR 51109 (September 27, 2019) (Preliminary Determination), and E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67429-67430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26551]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-835]


Dried Tart Cherries From the Republic of Turkey: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that dried 
tart cherries (cherries) from the Republic of Turkey (Turkey) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV).

DATES: Applicable December 10, 2019.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Alice Maldonado, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, telephone: (202) 482-1959 or (202) 482-4682, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This final determination is made in accordance with section 735 of 
the Tariff Act of 1930, as amended (the Act). The petitioner in this 
investigation is the Dried Tart Cherry Trade Committee. The mandatory 
respondents in this investigation are Isik Tarim Urunleri Sanayi ve 
Ticaret A.S. (Isik Tarim) and Yamanlar Tarim Urunleri (Yamanlar Tarim). 
Neither of the mandatory respondents responded to our requests for 
information in this investigation. On September 27, 2019, Commerce 
published in the Federal Register the Preliminary Determination and 
invited interested parties to comment.\1\ We received no comments 
regarding the Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Dried Tart Cherries from the Republic of Turkey: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 84 FR 51112 (September 27, 2019) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is April 1, 2018 through March 31, 
2019.

Scope of the Investigation

    The products covered by this investigation are cherries from 
Turkey. For a complete description of the scope of this investigation, 
see the appendix to this notice.

Methodology--Adverse Facts Available (AFA)

    For purposes of this final determination, we relied solely on facts 
available because neither of the selected mandatory respondents 
participated in this investigation, pursuant to section 776(a)(2)(A)-
(C) of the Act. Further, because the mandatory respondents did not 
cooperate to the best of their abilities in responding to our requests 
for information in this investigation, we drew adverse inferences in 
selecting from among the facts otherwise available, in accordance with 
section 776(b) of the Act. No interested party submitted comments on 
the Preliminary Determination. Therefore, consistent with the 
Preliminary Determination, we continue to apply adverse facts available 
to Isik Tarim and Yamanlar Tarim for this final determination, and we 
made no changes to the estimated dumping margins for the mandatory 
respondents for the final determination. A detailed discussion of our 
application of AFA is provided in the Preliminary Determination and the 
accompanying Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------

    \2\ Id. PDM at ``Use of Facts Otherwise Available and Adverse 
Inferences.''
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce calculated 
the all-others rate as a simple average of the alleged dumping 
margin(s) from the petition, in accordance with section 735(c)(5)(A) of 
the Act.\3\ We made no changes to the selection of the all-others rate 
for this final determination.
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, 84 FR at 51113.
---------------------------------------------------------------------------

Final Determination

    Commerce determines the following estimated dumping margins:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Company                              dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Isik Tarim Urunleri Sanayi ve Ticaret A.S...................      648.35
Yamanlar Tarim Urunleri.....................................      648.35
All Others..................................................      541.29
------------------------------------------------------------------------

Disclosure

    Because Commerce applied AFA to the individually-examined 
companies, Isik Tarim and Yamanlar Tarim, in this investigation, in 
accordance with section 776 of the Act, and the applied AFA rate is 
based solely on the petition, there are no calculations to disclose for 
this final determination pursuant to 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue the suspension of liquidation of all 
appropriate entries of subject merchandise, as described in Appendix I 
of this notice, which were entered, or withdrawn from warehouse, for 
consumption on or after September 27, 2019, the date of publication of 
the Preliminary Determination of this investigation in the Federal 
Register. Further, Commerce will instruct CBP to require a cash deposit 
in the amounts shown above.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will also instruct CBP to collect a cash deposit 
equal to the estimated dumping margin as follows: (1) The cash deposit 
rate listed for the respondents listed in the chart above will be equal 
to the respondent-specific estimated dumping margin that we have 
determined in this final determination; (2) if the exporter is not a 
respondent

[[Page 67430]]

identified above but the producer is, then the cash deposit rate will 
be equal to the respondent-specific estimated dumping margin 
established for that producer of the subject merchandise; and (3) the 
cash deposit rate for all other producers and exporters will be equal 
to the all-others estimated weighted-average dumping margin. These 
suspension of liquidation instructions will remain in effect until 
further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.
    Because the final determination in this proceeding is affirmative, 
in accordance with section 735(b) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of cherries from Turkey no later than 45 days after 
our final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue an AD order 
directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
effective date of the suspension of liquidation, as discussed above in 
the ``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
735(d) and 777(i) of the Act.

    Dated: December 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

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.

[FR Doc. 2019-26551 Filed 12-9-19; 8:45 am]
 BILLING CODE 3510-DS-P