Fresh Garlic from the People's Republic of China: Final Results of Expedited Fifth Sunset Review of the Antidumping Duty Order, 7940-7941 [2023-02537]
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
ddrumheller on DSK120RN23PROD with NOTICES
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Alleged Upstream Subsidies on
Galvanized Steel Wire
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit Program
Comment 2: Whether Commerce Should
Conduct the Upstream Subsidy
Investigation
Comment 3: Whether Commerce Should
Apply AFA to the Provision of Wire Rod
and Galvanized Steel Wire for Less Than
Adequate Remuneration (LTAR)
Comment 4: Whether Inland Freight and
Value-Added Tax (VAT) Included in the
Wire Rod and Galvanized Wire
Benchmarks Should Be Removed
Comment 5: Whether Commerce Should
Apply AFA to the Provision of
Electricity for LTAR
Comment 6: Whether Import Compliance
Costs Should Be Included in the Wire
Rod and Galvanized Steel Wire
Benchmarks
Comment 7: May 2020 Exchange Rate
Calculation
Comment 8: Ministerial Error in the Benefit
Calculations for the Provision of
Galvanized Steel Wire for LTAR Program
Comment 9a: Provision of Electricity for
LTAR Benefit Calculations: Highest
Applicable Benchmark Rates
Comment 9b: Provision of Electricity for
LTAR Benefit Calculations: Benchmark
for ‘‘Unspecified’’ Electricity Categories
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18:52 Feb 06, 2023
Jkt 259001
Comment 9c: Provision of Electricity for
LTAR Benefit Calculations: Electricity
Prices Paid by Tianjin Hweschun
Comment 10: Total AFA Rate
X. Recommendation
[FR Doc. 2023–02591 Filed 2–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic from the People’s
Republic of China: Final Results of
Expedited Fifth Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on fresh garlic (garlic) from
the People’s Republic of China (China)
would likely to lead to continuation or
recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5255.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 3, 2022, Commerce
published the notice of initiation of the
sunset review of the AD order on garlic
from China, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act).1 On October 12, 2022,
Commerce received a notice of intent to
participate from the domestic interested
parties 2 with respect to the Order,
within the 15-day deadline specified in
19 CFR 351.218(d)(1)(i).3 The domestic
interested parties claimed interested
1 See
Initiation of Five-Year Sunset Reviews, 87
FR 59779 (October 3, 2022); see also Antidumping
Duty Order: Fresh Garlic from the People’s Republic
of China, 59 FR 59209 (November 16, 1994) (Order).
2 The domestic interested parties in this sunset
review are the petitioners, who consist of the Fresh
Garlic Producers Association and its individual
members: Christopher Ranch L.L.C., The Garlic
Company, and Valley Garlic, Inc.
3 See Petitioners’ Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Order on Fresh
Garlic from the People’s Republic of China—
Petitioners’ Notice of Intent to Participate,’’ dated
October 12, 2022.
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Fmt 4703
Sfmt 4703
party status under section 771(9)(C) of
the Act as manufacturers of the
domestic like product in the United
States.4 On June 1, 2022, the domestic
interested parties submitted a timely
substantive response for this sunset
review within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
Commerce did not receive a substantive
response from any other interested
parties with respect to the Order
covered by this sunset review.
On November 30, 2022, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties in this
sunset review.6 As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), Commerce is
conducting an expedited (120-day)
sunset review of this Order.
Scope of the Order
The products covered by the Order
are all grades of garlic, whole or
separated into constituent cloves. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is included as an
appendix to this notice. 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. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNotices/ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)
of the Act, Commerce determines that
revocation of the Order would be likely
4 Id.
5 See Petitioners’ Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Order on Fresh
Garlic from the People’s Republic of China—
Petitioners’ Substantive Response to the
Department’s Notice of Initiation,’’ dated November
2, 2022.
6 See Commerce’s Letter, ‘‘Sunset Reviews for
October 2022,’’ dated November 30, 2022.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Fifth Sunset Review of the Antidumping Duty
Order on Fresh Garlic from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\07FEN1.SGM
07FEN1
Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Notices
to lead to continuation or recurrence of
dumping, and that the magnitude of the
dumping margins likely to prevail
would be weighted-average dumping
margins of up to 376.67 percent.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely
notification of the destruction of APO
materials or conversion to judicial
protective orders 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
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: January 31, 2023.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–02537 Filed 2–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
ddrumheller on DSK120RN23PROD with NOTICES
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers or exporters of steel concrete
reinforcing bar (rebar) from the Republic
of Turkey (Turkey) subject to this
review made sales of subject
AGENCY:
VerDate Sep<11>2014
19:31 Feb 06, 2023
Jkt 259001
merchandise at less than normal value
(NV) during the period of review (POR)
July 1, 2020, through June 30, 2021.
Additionally, we find that one company
made no shipments of subject
merchandise to the United States during
the POR.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, 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) 482–3642.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce
published the Preliminary Results and
invited interested parties to comment.1
These final results cover six companies
for which an administrative review was
initiated.2 We selected two companies
for individual examination: (1)
Colakoglu Metalurji A.S. (Colakoglu
Metal)/Colakoglu Dis Ticaret A.S.
(COTAS) (collectively, Colakoglu); 3 and
(2) Kaptan Demir Celik Endustrisi ve
Ticaret A.S. (Kaptan Demir)/Kaptan
Metal Dis Ticaret Ve Nakliyat A.S.
(Kaptan Metal) (collectively, Kaptan).4
For a complete description of the events
that followed the Preliminary Results,
see the Issues and Decision
Memorandum.5 Commerce conducted
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No-Shipments; 2020–
2021, 87 FR 47975, (August 5, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021).
3 We collapsed Colakoglu and COTAS in the
2019–2020 administrative review. See Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2019–2020, 87 FR 7118, 7119
(February 8, 2022) (Rebar from Turkey 2019–2020).
Because there is no information on the record of
this administrative review that would lead us to
revisit this determination, we are continuing to treat
these companies as a single entity for the purposes
of this administrative review.
4 We collapsed Kaptan Demir and Kaptan Metal
in the 2019–2020 administrative review. See Rebar
from Turkey 2019–2020, 87 FR at 7119. Because
there is no information on the record of this
administrative review that would lead us to revisit
this determination, we are continuing to treat these
companies as a single entity for the purposes of this
administrative review.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Steel Concrete Reinforcing Bar from
Turkey, 2020–2021,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
7941
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 6
The product covered by the Order is
steel concrete reinforcing bar from
Turkey. For a full description of the
scope, see the Issues and Decision
Memorandum.7
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of these
issues is attached in an appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Services System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received from interested
parties, a review of the record, and for
the reasons explained in the Issues and
Decision Memorandum, we made
certain changes to the preliminary
weighted-average dumping margin
calculations for Colakoglu and Kaptan,
as detailed in the Issues and Decision
Memorandum.8
Final Determination of No Shipments
For the Preliminary Results, we found
that Habas Sinai ve Tibbi Gazlar Istihsal
Endu¨strisi A.S (Habas) did not have any
shipments of subject merchandise
during the POR. No party commented
on this preliminary determination. For
the final results of the review, we
continue to find that Habas made no
shipments of subject merchandise
during the POR. As noted in the
‘‘Assessment Rates’’ section below,
Commerce intends to issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) for Habas based on the
final results of the review.
6 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended
by Steel Concrete Reinforcing Bar from the Republic
of Turkey: Notice of Court Decision Not in Harmony
With the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended
Final Determination, 87 FR 934 (January 22, 2022)
(Order).
7 See Issues and Decision Memorandum.
8 Id. at 4.
E:\FR\FM\07FEN1.SGM
07FEN1
]]>Agencies
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7940-7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02537]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China: Final Results
of Expedited Fifth Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited review, the U.S. Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on fresh garlic (garlic) from the People's Republic of China
(China) would likely to lead to continuation or recurrence of dumping
at the levels indicated in the ``Final Results of Review'' section of
this notice.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5255.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2022, Commerce published the notice of initiation of
the sunset review of the AD order on garlic from China, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ On
October 12, 2022, Commerce received a notice of intent to participate
from the domestic interested parties \2\ with respect to the Order,
within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as manufacturers of the domestic like
product in the United States.\4\ On June 1, 2022, the domestic
interested parties submitted a timely substantive response for this
sunset review within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any other interested parties with respect to the Order covered by
this sunset review.
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year Sunset Reviews, 87 FR 59779
(October 3, 2022); see also Antidumping Duty Order: Fresh Garlic
from the People's Republic of China, 59 FR 59209 (November 16, 1994)
(Order).
\2\ The domestic interested parties in this sunset review are
the petitioners, who consist of the Fresh Garlic Producers
Association and its individual members: Christopher Ranch L.L.C.,
The Garlic Company, and Valley Garlic, Inc.
\3\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Fresh Garlic from the People's
Republic of China--Petitioners' Notice of Intent to Participate,''
dated October 12, 2022.
\4\ Id.
\5\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Fresh Garlic from the People's
Republic of China--Petitioners' Substantive Response to the
Department's Notice of Initiation,'' dated November 2, 2022.
---------------------------------------------------------------------------
On November 30, 2022, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties in this sunset review.\6\
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day)
sunset review of this Order.
---------------------------------------------------------------------------
\6\ See Commerce's Letter, ``Sunset Reviews for October 2022,''
dated November 30, 2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are all grades of garlic, whole
or separated into constituent cloves. For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Fifth Sunset Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the Order would be likely
[[Page 7941]]
to lead to continuation or recurrence of dumping, and that the
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins of up to 376.67 percent.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
destruction of APO materials or conversion to judicial protective
orders 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
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: January 31, 2023.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-02537 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
