Fresh Garlic From the People's Republic of China: Continuation of Antidumping Duty Order, 33570-33571 [2023-11061]

Download as PDF 33570 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices rod), which is defined as leaded, low-lead, and no-lead solid brass made from alloys such as, but not limited to the following alloys classified under the Unified Numbering System (UNS) as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000, C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and their international equivalents. The brass rod subject to these investigations has an actual cross-section or outside diameter greater than 0.25 inches but less than or equal to 12 inches. Brass rod cross-sections may be round, hexagonal, square, or octagonal shapes as well as special profiles (e.g., angles, shapes). Standard leaded brass rod covered by the scope contains, by weight, 57.0–65.0 percent copper; 0.5–3.0 percent lead; no more than 1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead brass rod covered by the scope contains by weight 59.0–76.0 percent copper; 0–1.5 percent lead; no more than 0.35 percent iron; and at least 15 percent zinc. Brass rod may also include other chemical elements (e.g., nickel, phosphorous, silicon, tin, etc.). Brass rod may be in straight lengths or coils. Brass rod covered by these investigations may be finished or unfinished, and may or may not be heated, extruded, pickled, or cold-drawn. Brass rod may be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an ASTM standard is not required for the merchandise to be included within the scope. Excluded from the scope of these investigations is brass ingot, which is a casting of unwrought metal unsuitable for conversion into brass rod without remelting, that contains, by weight, at least 57.0 percent copper and 15.0 percent zinc. The merchandise covered by these investigations is currently classifiable under subheadings 7407.21.9000, 7407.21.7000, and 7407.21.1500 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the scope may also enter under HTSUS subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS subheadings and UNS alloy designations are provided for convenience and customs purposes. The written description of the scope of the investigations is dispositive. [FR Doc. 2023–11005 Filed 5–23–23; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration ddrumheller on DSK120RN23PROD with NOTICES1 [A–570–831] Fresh Garlic From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: As a result of determinations by the U.S. Department of Commerce VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 Background On November 16, 1994, Commerce published the AD order on imports of fresh garlic from China.1 On October 3, 2022, the ITC instituted,2 and Commerce initiated 3 the fifth five-year (sunset) review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of its review, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of dumping and, therefore, Commerce notified the ITC of the magnitude of the margin likely to prevail were the Order to be revoked.4 On May 17, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Order would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Order The products covered by the Order are all grades of garlic, whole or DEPARTMENT OF COMMERCE AGENCY: (Commerce) and the U.S. International Trade Commission (ITC) in their fiveyear (sunset) review that revocation of the antidumping duty (AD) order on fresh garlic from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of the AD order on fresh garlic from China. DATES: Applicable May 24, 2023. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482–5255. SUPPLEMENTARY INFORMATION: 1 See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 5209 (November 16, 1994) (Order). 2 See Fresh Garlic from China; Institution of a Five-Year Review, 87 FR 59824 (October 3, 2022). 3 See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 (October 3, 2022). 4 See Fresh Garlic from the People’s Republic of China: Final Results of the Expedited Fifth Review of the Antidumping Duty Order, 88 FR 7940 (February 7, 2023). 5 See Fresh Garlic from the People’s Republic of China, Investigation No. 731–TA–683 (Fifth Review), 88 FR 31525 (May 17, 2023). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 separated into constituent cloves, whether or not peeled, fresh, chilled, frozen, provisionally preserved, or packed in water or other neutral substance, but not prepared or preserved by the addition of other ingredients or heat processing. The differences between grades are based on color, size, sheathing, and level of decay. The scope of this Order does not include the following: (a) garlic that has been mechanically harvested and that is primarily, but not exclusively, destined for non-fresh use; or (b) garlic that has been specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed. The subject merchandise is used principally as a food product and for seasoning. The subject garlic is currently classifiable under subheadings: 0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060, 0710.80.97500, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, and 2005.99.9700 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. To be excluded from the Order, garlic entered under the HTSUS subheadings listed above that is: (1) mechanically harvested and primarily, but not exclusively, destined for non-fresh use or (2) specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed must be accompanied by declarations to U.S. Customs and Border Protection to that effect. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of this Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply with the regulations and terms of an APO is a violation which may be subject to sanctions. Notification to Interested Parties This five-year (sunset) review and notice are in accordance with sections 751(c) and (d)(2) and 777(i)(1) the Act, and published in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: May 18, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–11061 Filed 5–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–912] Certain Non-Refillable Steel Cylinders From India: Initiation of Less-ThanFair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 17, 2023. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Macey Mayes, AD/ CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425 or (202) 482–4473, respectively. AGENCY: SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 The Petition On April 27, 2023, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of certain non-refillable steel cylinders (cylinders) from India filed in proper form on behalf of Worthington Industries (the petitioner), a U.S. producer of cylinders.1 The Petition was accompanied by a countervailing duty 1 See Petitioner’s Letter, ‘‘Certain Non-Refillable Cylinders from India—Petition from the Imposition of Antidumping and Countervailing Duties,’’ dated April 27, 2023 (Petition). VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 (CVD) petition concerning imports of cylinders from India.2 On May 1 and 9, 2023, Commerce requested supplemental information pertaining to certain aspects of the Petition.3 On May 5 and 10, 2023, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of cylinders from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such cylinders are materially injuring, or threatening material injury to, the cylinder industry in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the Petition was filed on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested AD investigation.5 Period of Investigation Because the Petition was filed on April 27, 2023, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the AD investigation is April 1, 2022, through March 31, 2023. Scope of the Investigation The products covered by the investigation are cylinders from India. For a full description of the scope of the investigation, see the appendix to this notice. 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Non-Refillable Steel Cylinders from India: Supplemental Questions,’’ dated May 1, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain NonRefillable Steel Cylinders from India: Supplemental Questions,’’ dated May 1, 2023; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Non-Refillable Steel Cylinders from India: Supplemental Questions,’’ dated May 9, 2023. 4 See Petitioner’s Letters, ‘‘Petitioner’s Amendment to Volume I Relating to General and Injury Information,’’ dated May 3, 2023 (General Issues Supplement); and ‘‘Petitioner’s Amendment to Volume II Relating to Antidumping Duties,’’ dated May 5, 2023; and ‘‘Petitioner’s 2nd Amendment to Volume II of the Petition Relating to Antidumping Duties,’’ dated May 10, 2023. 5 See section on ‘‘Determination of Industry Support for the Petitions’’ section, infra. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 33571 Comments on the Scope of the Investigation As discussed in the Preamble to Commerce’s regulations, we are setting aside a period of time for interested parties to raise issues regarding product coverage (i.e., scope).6 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.7 To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on June 6, 2023, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on June 16, 2023, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.8 An electronically filed document must be received successfully in its entirety by the time and date it is due.9 Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on 6 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 8 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 9 See 19 CFR 351.303(b)(1). E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33570-33571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11061]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
in their five-year (sunset) review that revocation of the antidumping 
duty (AD) order on fresh garlic from the People's Republic of China 
(China) would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States. Therefore, 
Commerce is publishing a notice of continuation of the AD order on 
fresh garlic from China.

DATES: Applicable May 24, 2023.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, 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) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On November 16, 1994, Commerce published the AD order on imports of 
fresh garlic from China.\1\ On October 3, 2022, the ITC instituted,\2\ 
and Commerce initiated \3\ the fifth five-year (sunset) review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act). Commerce conducted an expedited (120-day) sunset review of 
the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of its review, Commerce 
determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and, therefore, Commerce notified the ITC of the 
magnitude of the margin likely to prevail were the Order to be 
revoked.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 5209 (November 16, 1994) (Order).
    \2\ See Fresh Garlic from China; Institution of a Five-Year 
Review, 87 FR 59824 (October 3, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 
(October 3, 2022).
    \4\ See Fresh Garlic from the People's Republic of China: Final 
Results of the Expedited Fifth Review of the Antidumping Duty Order, 
88 FR 7940 (February 7, 2023).
---------------------------------------------------------------------------

    On May 17, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
---------------------------------------------------------------------------

    \5\ See Fresh Garlic from the People's Republic of China, 
Investigation No. 731-TA-683 (Fifth Review), 88 FR 31525 (May 17, 
2023).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are all grades of garlic, whole 
or separated into constituent cloves, whether or not peeled, fresh, 
chilled, frozen, provisionally preserved, or packed in water or other 
neutral substance, but not prepared or preserved by the addition of 
other ingredients or heat processing. The differences between grades 
are based on color, size, sheathing, and level of decay. The scope of 
this Order does not include the following: (a) garlic that has been 
mechanically harvested and that is primarily, but not exclusively, 
destined for non-fresh use; or (b) garlic that has been specially 
prepared and cultivated prior to planting and then harvested and 
otherwise prepared for use as seed. The subject merchandise is used 
principally as a food product and for seasoning. The subject garlic is 
currently classifiable under subheadings: 0703.20.0005, 0703.20.0010, 
0703.20.0015, 0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060, 
0710.80.97500, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 
and 2005.99.9700 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the Order is 
dispositive. To be excluded from the Order, garlic entered under the 
HTSUS subheadings listed above that is: (1) mechanically harvested and 
primarily, but not exclusively, destined for non-fresh use or (2) 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection to that effect.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the Order will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this Order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

[[Page 33571]]

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction or conversion to judicial 
protective order of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Failure to comply with the 
regulations and terms of an APO is a violation which may be subject to 
sanctions.

Notification to Interested Parties

    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2) and 777(i)(1) the Act, and published in 
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: May 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11061 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P

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