Dried Tart Cherries From the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 67430-67432 [2019-26552]
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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withdrawn from warehouse, for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
Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices
regarding the Preliminary
Determination.
Period of Investigation
The period of investigation is January
1, 2018 through December 31, 2018.
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.
Analysis of Subsidy Programs—
Adverse Facts Available (AFA)
For purposes of this final
determination, we relied solely on facts
available, because neither the
Government of Turkey, nor either of the
selected mandatory respondents,
participated in this investigation.
Further, because the mandatory
respondents and the Government of
Turkey 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 sections 776(a)–(b) of the Act.
Therefore, consistent with the
Preliminary Determination, we continue
to apply AFA to Isik Tarim and
Yamanlar Tarim. No interested party
submitted comments on the Preliminary
Determination. Thus, we made no
changes to the subsidy rates 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.3
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
selection of the all-others rate on the
countervailable subsidy rate established
for the mandatory respondents, in
accordance with section 705(c)(5)(A)(ii)
of the Act.4 We made no changes to the
selection of the all-others rate for this
final determination.
jbell on DSKJLSW7X2PROD with NOTICES
Final Determination
Commerce determines that the
following estimated net countervailable
subsidy rates exist:
accompanying Preliminary Decision Memorandum
(PDM).
3 Id., PDM at ‘‘Use of Facts Otherwise Available
and Adverse Inferences.’’
4 See Preliminary Determination, 84 FR at 51110.
VerDate Sep<11>2014
17:08 Dec 09, 2019
Subsidy rate
(percent)
Company
Jkt 250001
Isik Tarim Urunleri Sanayi ve
Ticaret A.S. .......................
Yamanlar Tarim Urunleri ......
All-Others ..............................
204.93
204.93
204.93
Disclosure
The subsidy rate calculations in the
Preliminary Determination were based
on AFA.5 As noted above, there are no
changes to the calculations. Thus, no
additional disclosure is necessary for
this final determination.
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed 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 the Preliminary
Determination in the Federal Register.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty (CVD)
order, continue the suspension of
liquidation under section 706(a) of the
Act, and require a cash deposit of
estimated countervailing duties for such
entries of subject merchandise in the
amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(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
5 Id., PDM at Appendix—‘‘AFA Rate
Calculation.’’
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
67431
accordance with section 705(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 a CVD order
directing CBP to assess, upon further
instruction by Commerce,
countervailing 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 APOs
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 or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(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,
E:\FR\FM\10DEN1.SGM
10DEN1
67432
Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices
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.).
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. 2019–26552 Filed 12–9–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
jbell on DSKJLSW7X2PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
VerDate Sep<11>2014
17:08 Dec 09, 2019
Jkt 250001
Title: Alaska Council Cooperative
Annual Reports.
OMB Control Number: 0648–0678.
Form Number(s): None.
Type of Request: Regular.
Number of Respondents: 19.
Average Hours Per Response: Alaska
Crab Rationalization Program
Cooperative Annual Report, 47 hours;
Annual Rockfish Cooperative Report, 37
hours; Annual Amendment 80
Cooperative Report, 18 hours;
Amendment 80 Halibut Prohibited
Species Catch (PSC) Management Plan,
12.5 hours; Amendment 80 Halibut
Bycatch Avoidance Progress Report,
12.5 hours; American Fisheries Act
(AFA) Catcher Vessel Intercooperative
Agreement, 48 hours; American
Fisheries Act Annual Catcher Vessel
Intercooperative Report, 40 hours;
American Fisheries Act Cooperative
Annual Report, 16 hours.
Burden Hours: 695.
Needs and Uses: The North Pacific
Fishery Management Council (Council)
has developed several cooperative
programs as options in larger catch
share programs for the federally
managed fisheries off Alaska. As part of
these cooperative programs, the Council
has either recommended that the
National Marine Fisheries Service
(NMFS) require the cooperative
managers to submit an annual written
report detailing various activities of the
cooperative, or the Council has
requested that cooperative managers
voluntarily submit an annual report to
the Council. These reports are intended
to be a resource for the Council and the
public to track the effectiveness of the
cooperative and its ability to meet the
Council’s goals. Additionally, they are a
tool for the cooperatives to provide
feedback on a catch share program and
how the cooperative element is
functioning.
In general, the cooperative managers
present the cooperative reports during
the April Council meeting. Regulations
do not require cooperative managers to
present cooperative reports to the
Council; however, they are encouraged
to do so, and this has been common
practice for many cooperative
representatives. Public dissemination of
the annual cooperative reports and
presentation of an overview of the
reports at the April Council meeting
each year provides stakeholders and
members of the public the opportunity
to provide public comment to the
Council about the cooperatives and the
catch share programs.
Some of the cooperative annual
reports are required in Federal
regulation and others are requested by
the Council as a voluntary annual
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
submission. This information collection
covers both the mandatory and
voluntary components of the
cooperative annual reports.
This information collection contains
the following reports.
• The Alaska Crab Rationalization
Program Cooperative Annual Report
allows the Council to determine if the
cooperatives are taking adequate action
to facilitate the transfer of quota share
(QS) to active participants and control
QS lease rates, or if potential future
regulatory action may be needed to
address these concerns. This report is
voluntary.
• The Annual Rockfish Cooperative
Report provides information to the
Council and NMFS about how the catch
share program and its associated
cooperative elements are functioning.
This is particularly important as the
Council is evaluating reauthorization of
the Rockfish Program in 2019 and 2020.
This report is mandatory.
• The Annual Amendment 80
Cooperative Report provides
information to the Council and NMFS
about how the catch share program is
functioning, and if potential future
changes may be needed. This report is
mandatory.
• The Amendment 80 Halibut
Prohibited Species Catch (PSC)
Management Plan informs the Council
of an Amendment 80 cooperative’s plan
to use voluntary, non-regulatory
methods to avoid halibut bycatch in the
Bering Sea and Aleutian Islands (BSAI)
groundfish fisheries. This report is
voluntary.
• The Amendment 80 Halibut
Bycatch Avoidance Progress Report
allows each sector in the BSAI
groundfish fisheries to inform the
Council of its progress on voluntary,
non-regulatory methods used within its
fishery cooperatives to avoid halibut
bycatch in the BSAI groundfish
fisheries. This report is voluntary.
• The American Fisheries Act (AFA)
Catcher Vessel Inter-cooperative
Agreement provides information to
NMFS, the Council, and the public
about inter-cooperative fishery
allocations, PSC allocations, transfers of
allocations and PSC, monitoring
methods, and bycatch reduction
methods. This report is voluntary.
• The American Fisheries Act Annual
Catcher Vessel Inter-cooperative Report
provides detailed information about
how sideboard limits and PSC are being
used to determine if program objectives
are being satisfactorily met; provides the
Council and the public with a simple
means of evaluating the AFA catcher
vessel fleets’ aggregate fishing
performance under the AFA regulations;
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67430-67432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26552]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-836]
Dried Tart Cherries From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination
AGENCY: 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:
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
[[Page 67431]]
regarding the Preliminary Determination.
---------------------------------------------------------------------------
\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
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2018 through December 31,
2018.
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.
Analysis of Subsidy Programs--Adverse Facts Available (AFA)
For purposes of this final determination, we relied solely on facts
available, because neither the Government of Turkey, nor either of the
selected mandatory respondents, participated in this investigation.
Further, because the mandatory respondents and the Government of Turkey
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 sections 776(a)-(b) of the Act. Therefore, consistent
with the Preliminary Determination, we continue to apply AFA to Isik
Tarim and Yamanlar Tarim. No interested party submitted comments on the
Preliminary Determination. Thus, we made no changes to the subsidy
rates 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.\3\
---------------------------------------------------------------------------
\3\ Id., PDM at ``Use of Facts Otherwise Available and Adverse
Inferences.''
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the countervailable subsidy rate
established for the mandatory respondents, in accordance with section
705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of
the all-others rate for this final determination.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 84 FR at 51110.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Isik Tarim Urunleri Sanayi ve Ticaret A.S............... 204.93
Yamanlar Tarim Urunleri................................. 204.93
All-Others.............................................. 204.93
------------------------------------------------------------------------
Disclosure
The subsidy rate calculations in the Preliminary Determination were
based on AFA.\5\ As noted above, there are no changes to the
calculations. Thus, no additional disclosure is necessary for this
final determination.
---------------------------------------------------------------------------
\5\ Id., PDM at Appendix--``AFA Rate Calculation.''
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed 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 the Preliminary Determination in the
Federal Register.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, continue the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated and all estimated duties deposited or securities posted as a
result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(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 705(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 a CVD order
directing CBP to assess, upon further instruction by Commerce,
countervailing 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 APOs
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 or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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,
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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. 2019-26552 Filed 12-9-19; 8:45 am]
BILLING CODE 3510-DS-P
