80_FR_32200 80 FR 32092 - Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp Co., Ltd.

80 FR 32092 - Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32092-32093
FR Document2015-13805

The Department of Commerce (``the Department'') is conducting a new shipper review of Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua) regarding the antidumping duty order on fresh garlic from the People's Republic of China (``the PRC''). The period of review (``POR'') is November 1, 2013 through April 30, 2014. The Department has preliminarily determined that Kaihua's new shipper sale is not bona fide. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015) 
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32092-32093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13805]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp 
Co., Ltd.

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review of Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua) 
regarding the antidumping duty order on fresh garlic from the People's 
Republic of China (``the PRC''). The period of review (``POR'') is 
November 1, 2013 through April 30, 2014. The Department has 
preliminarily determined that Kaihua's new shipper sale is not bona 
fide. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: June 5, 2015.

FOR FURTHER INFORMATION CONTACT: Milton Koch, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2584.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2014, the Department published notice of initiation of 
a new shipper review of fresh garlic from the People's Republic of 
China for the period November 1, 2013 through April 30, 2014.\1\ On 
December 15, 2014, the Department extended the deadline for the 
preliminary results to June 3, 2015.\2\
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    \1\ See Fresh Garlic from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2013-2014, 79 FR 
46250 (August 7, 2014).
    \2\ See the Department Memorandum ``Fresh Garlic from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty New Shipper Review,'' dated December 12, 
2014.
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Scope of the Order

    The merchandise covered by this order is all grades of garlic, 
whether whole or separated into constituent cloves.\3\ The subject 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000, 
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, and 2005.99.9700. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written product description is dispositive.
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    \3\ See the Department Memorandum, ``Decision Memorandum for the 
Preliminary Results of the Antidumping Duty New Shipper Review of 
Fresh Garlic from the People's Republic of China: Jinxiang Kaihua 
Imp & Exp Co., Ltd.'' dated concurrently with and hereby adopted by 
this notice (Preliminary Decision Memorandum), for a complete 
description of the Scope of the Order.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 
19 CFR 351.214. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (``ACCESS''). ACCESS is available to 
registered users at http://access.trade.gov and in the Department's 
Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

[[Page 32093]]

Preliminary Rescission of Kaihua

    For the reasons detailed in the Preliminary Decision Memorandum, 
the Department preliminarily finds that Kaihua's sale under review is 
not bona fide, and therefore, does not provide a reasonable or reliable 
basis for calculating a dumping margin. The Department reached this 
conclusion based on the totality of the circumstances, including: (a) 
The atypical nature of Kaihua's price; (b) Kaihua's failure to 
demonstrate that it received payment for the sale; and (c) the atypical 
circumstances surrounding the sale. As result, the Department is 
preliminarily rescinding the new shipper review of Kaihua.

Disclosure and Public Comment

    The Department will disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\4\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no later than five days after the written comments are 
filed.\5\
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    \4\ See 19 CFR 351.309(c).
    \5\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\6\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\7\
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    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, within 90 days of publication of 
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the 
Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and the U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries. If we proceed to a final rescission of the new 
shipper review, Kaihua's entries will be assessed at the rate 
entered.\8\ If we do not proceed to a final rescission of the new 
shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific assessment rates. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.\9\
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    \8\ See 19 CFR 351.212(c).
    \9\ See 19 CFR 351.106(c)(2).
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    Although the Department intends to rescind the new shipper review 
for Kaihua, the Department is currently conducting an administrative 
review for the POR November 1, 2013, through October 31, 2014, which 
could include the entries subject to this new shipper review. 
Accordingly, we will instruct CBP to continue to suspend entries during 
the period November 1, 2013, through October 31, 2014, of subject 
merchandise exported by Kaihua until CBP receives instructions relating 
to the administrative review covering the period November 1, 2013, 
through October 31, 2014.

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, we will instruct CBP to discontinue the option of 
posting a bond or security in lieu of a cash deposit for entries of 
subject merchandise by Kaihua. If the Department proceeds to a final 
rescission of the new shipper review, the cash deposit rate will 
continue to be the PRC-wide rate. If we issue final results of the new 
shipper review for Kaihua, we will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 
CFR 351.214 and 351.221(b)(4).

    Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.


AppendixList of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2015-13805 Filed 6-4-15; 8:45 am]
 BILLING CODE 3510-DS-P

32092 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices Cash Deposit Requirements Dated: May 29, 2015. 30, 2014.1 On December 15, 2014, the Paul Piquado, Department extended the deadline for The following cash deposit Assistant Secretary for Enforcement and the preliminary results to June 3, 2015.2 requirements will be effective for all Compliance. shipments of the subject merchandise Scope of the Order entered, or withdrawn from warehouse, Appendix—List of Topics Discussed in the Preliminary Decision Memorandum The merchandise covered by this for consumption on or after the order is all grades of garlic, whether publication date of the final results of 1. Summary whole or separated into constituent this administrative review, as provided 2. Background cloves.3 The subject merchandise is by section 751(a)(2)(C) of the Act: (1) 3. Scope of the Order currently classifiable under the The cash deposit rate for Borusan and 4. Preliminary Determination of No Harmonized Tariff Schedule of the Toscelik will be equal to the weighted- Shipments United States (‘‘HTSUS’’) subheadings: average dumping margin established in 5. Comparisons to Normal Value 6. Product Comparisons 0703.20.0000, 0703.20.0005, the final results of this review, except if 7. Date of Sale 0703.20.0010, 0703.20.0015, the rate is zero or de minimis within the 8. Export Price 0703.20.0020, 0703.20.0090, meaning of 19 CFR 351.106(c)(1), in 9. Normal Value 0710.80.7060, 0710.80.9750, which case the cash deposit rate will be 10. Currency Conversion 0711.90.6000, 0711.90.6500, zero; (2) for other manufacturers and 11. Recommendation 2005.90.9500, 2005.90.9700, and exporters covered in a prior segment of [FR Doc. 2015–13807 Filed 6–4–15; 8:45 am] 2005.99.9700. A full description of the the proceeding, the cash deposit rate BILLING CODE 3510–DS–P scope of the order is contained in the will continue to be the company- Preliminary Decision Memorandum. specific rate published for the most Although the HTSUS subheadings are recently completed segment of this DEPARTMENT OF COMMERCE provided for convenience and customs proceeding in which that manufacturer purposes, the written product International Trade Administration description is dispositive. or exporter participated; (3) if the exporter is not a firm covered in this Methodology review, a prior review, or the original [A–570–831] less-than-fair-value (LTFV) The Department is conducting this Fresh Garlic From the People’s review in accordance with section investigation, but the manufacturer is, Republic of China: Preliminary Intent then the cash deposit rate will be the 751(a)(2)(B) of the Tariff Act of 1930, as To Rescind the New Shipper Review of amended (‘‘the Act’’), and 19 CFR rate established for the most recently Jinxiang Kaihua Imp & Exp Co., Ltd. completed segment of this proceeding 351.214. For a full description of the for the manufacturer of subject methodology underlying our AGENCY: Enforcement and Compliance, merchandise; and (4) the cash deposit conclusions, see the Preliminary International Trade Administration, rate for all other manufacturers or Decision Memorandum. Department of Commerce. exporters will continue to be 14.74 The Preliminary Decision SUMMARY: The Department of Commerce Memorandum is a public document and percent, the all-others rate established (‘‘the Department’’) is conducting a new in the LTFV investigation.14 These is on file electronically via Enforcement shipper review of Jinxiang Kaihua Imp and Compliance’s centralized electronic deposit requirements, when imposed, & Exp Co., Ltd. (Kaihua) regarding the shall remain in effect until further service system (‘‘ACCESS’’). ACCESS is antidumping duty order on fresh garlic available to registered users at http:// notice. from the People’s Republic of China access.trade.gov and in the Notification to Importers (‘‘the PRC’’). The period of review Department’s Central Records Unit, (‘‘POR’’) is November 1, 2013 through Room 7046 of the main Department of This notice also serves as a April 30, 2014. The Department has Commerce building. In addition, a preliminary reminder to importers of preliminarily determined that Kaihua’s complete version of the Preliminary their responsibility under 19 CFR new shipper sale is not bona fide. Decision Memorandum can be accessed 351.402(f)(2) to file a certificate Interested parties are invited to directly on the Internet at http:// regarding the reimbursement of comment on these preliminary results. enforcement.trade.gov/frn/index.html. antidumping duties prior to liquidation DATES: Effective Date: June 5, 2015. The signed Preliminary Decision of the relevant entries during this Memorandum and the electronic FOR FURTHER INFORMATION CONTACT: review period. Failure to comply with versions of the Preliminary Decision Milton Koch, AD/CVD Operations, this requirement could result in the Memorandum are identical in content. Office VII, Enforcement and Secretary’s presumption that Compliance, International Trade reimbursement of antidumping duties 1 See Fresh Garlic from the People’s Republic of Administration, U.S. Department of China: Initiation of Antidumping Duty New Shipper occurred and the subsequent assessment Commerce, 14th Street and Constitution Review; 2013–2014, 79 FR 46250 (August 7, 2014). of double antidumping duties. Avenue NW., Washington, DC 20230; 2 See the Department Memorandum ‘‘Fresh Garlic We are issuing and publishing these telephone: (202) 482–2584. from the People’s Republic of China: Extension of Deadline for Preliminary Results of Antidumping asabaliauskas on DSK5VPTVN1PROD with NOTICES results in accordance with sections SUPPLEMENTARY INFORMATION: Duty New Shipper Review,’’ dated December 12, 751(a)(1) and 777(i)(1) of the Act. 2014. Background 3 See the Department Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the On August 7, 2014, the Department Antidumping Duty New Shipper Review of Fresh Antidumping Duty Administrative Review, 75 FR published notice of initiation of a new Garlic from the People’s Republic of China: Jinxiang 56989 (September 17, 2010). Kaihua Imp & Exp Co., Ltd.’’ dated concurrently 14 See Antidumping Duty Order; Welded Carbon shipper review of fresh garlic from the with and hereby adopted by this notice Steel Standard Pipe and Tube Products From People’s Republic of China for the (Preliminary Decision Memorandum), for a Turkey, 51 FR 17784 (May 15, 1986). period November 1, 2013 through April complete description of the Scope of the Order. VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1

Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices 32093 Preliminary Rescission of Kaihua final rescission of the new shipper Dated: May 29, 2015. For the reasons detailed in the review, Kaihua’s entries will be assessed Paul Piquado, Preliminary Decision Memorandum, the at the rate entered.8 If we do not proceed Assistant Secretary for Enforcement and Department preliminarily finds that to a final rescission of the new shipper Compliance. Kaihua’s sale under review is not bona review, pursuant to 19 CFR 351.212(b)(1), we will calculate List of Topics Discussed in the Preliminary fide, and therefore, does not provide a Decision Memorandum reasonable or reliable basis for importer-specific assessment rates. We calculating a dumping margin. The will instruct CBP to assess antidumping I. Summary duties on all appropriate entries covered II. Background Department reached this conclusion III. Scope of the Order based on the totality of the by this review if any importer-specific assessment rate calculated in the final IV. Discussion of the Methodology circumstances, including: (a) The V. Recommendation atypical nature of Kaihua’s price; (b) results of this review is above de minimis.9 [FR Doc. 2015–13805 Filed 6–4–15; 8:45 am] Kaihua’s failure to demonstrate that it received payment for the sale; and (c) Although the Department intends to BILLING CODE 3510–DS–P the atypical circumstances surrounding rescind the new shipper review for the sale. As result, the Department is Kaihua, the Department is currently conducting an administrative review for DEPARTMENT OF COMMERCE preliminarily rescinding the new shipper review of Kaihua. the POR November 1, 2013, through October 31, 2014, which could include National Oceanic and Atmospheric Disclosure and Public Comment the entries subject to this new shipper Administration The Department will disclose the review. Accordingly, we will instruct RIN 0648–XD947 analysis performed for these CBP to continue to suspend entries preliminary results to the parties within during the period November 1, 2013, International Trade Data System Test five days of the date of publication of through October 31, 2014, of subject Concerning the Electronic Submission this notice in accordance with 19 CFR merchandise exported by Kaihua until of Certain Data Required for Imports 351.224(b). Interested parties may CBP receives instructions relating to the AGENCY: National Marine Fisheries submit written comments by no later administrative review covering the Service (NMFS), National Oceanic and than 30 days after the date of period November 1, 2013, through Atmospheric Administration (NOAA), publication of these preliminary results October 31, 2014. Commerce. of review.4 Rebuttals, limited to issues Cash Deposit Requirements ACTION: Notice; request for comments. raised in the written comments, may be filed by no later than five days after the Effective upon publication of the final SUMMARY: NMFS announces a pilot test written comments are filed.5 rescission or the final results of this of the International Trade Data System Any interested party may request a NSR, we will instruct CBP to (ITDS) involving the electronic hearing within 30 days of publication of discontinue the option of posting a bond submission of forms and/or data, related this notice.6 Hearing requests should or security in lieu of a cash deposit for to importations of fish products contain the following information: (1) entries of subject merchandise by regulated by NMFS, using the Partner The party’s name, address, and Kaihua. If the Department proceeds to a Government Agency (PGA) Message Set telephone number; (2) the number of final rescission of the new shipper and Document Imaging System (DIS) participants; and (3) a list of the issues review, the cash deposit rate will components of the Automated to be discussed. Oral presentations will continue to be the PRC-wide rate. If we Commercial Environment (ACE). The be limited to issues raised in the briefs. issue final results of the new shipper U.S. Customs and Border Protection If a request for a hearing is made, parties review for Kaihua, we will instruct CBP (CBP) and NMFS have developed a pilot will be notified of the time and date for to collect cash deposits, effective upon plan to test and assess the electronic the hearing to be held at the U.S. the publication of the final results, at transmission of import data for tuna, Department of Commerce, 1401 the rates established therein. swordfish and toothfish. Constitution Avenue NW., Washington, Notification to Importers The pilot test will involve using the DC 20230.7 ACE, the NMFS PGA Message Set, the The Department intends to issue the This notice also serves as a preliminary reminder to importers of DIS and the Automated Broker Interface final results of this new shipper review, (ABI) to transmit the data required for which will include the results of its their responsibility under 19 CFR 351.402(f)(2) to file a certificate admissibility determinations for entries analysis of issues raised in any such of tuna, swordfish and toothfish. ABI is comments, within 90 days of regarding the reimbursement of antidumping duties prior to liquidation the electronic data interchange that publication of these preliminary results, enables participants to file pursuant to section 751(a)(2)(B)(iv) of of the relevant entries during this review period. Failure to comply with electronically required import data with the Act. CBP and transfers that data into ACE. this requirement could result in the Assessment Rates Department’s presumption that Initially, under this test, NMFS PGA reimbursement of antidumping duties Message Set data may be submitted only Upon completion of the final results, occurred and the subsequent assessment for formal and informal consumption pursuant to 19 CFR 351.212(b), the entries (entry types 01 and 11), filed at asabaliauskas on DSK5VPTVN1PROD with NOTICES Department will determine, and the U.S. of double antidumping duties. The Department is issuing and certain ports. Customs and Border Protection (CBP) shall assess, antidumping duties on all publishing these results in accordance DATES: The test will commence after appropriate entries. If we proceed to a with sections 751(a)(2)(B) and 777(i)(1) July 1, 2015 and will continue until of the Act and 19 CFR 351.214 and concluded by publication of a notice in 4 See 19 CFR 351.309(c). 351.221(b)(4). the Federal Register ending the test. 5 See 19 CFR 351.309(d). Participants should consult the 6 See 19 CFR 351.310(c). 8 See 19 CFR 351.212(c). following Web site to determine which 7 See 19 CFR 351.310(d). 9 See 19 CFR 351.106(c)(2). ports are operational for the test and the VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1


Document Created: 2015-12-15 15:20:45
Document Modified: 2015-12-15 15:20:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactMilton Koch, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2584.
FR Citation80 FR 32092 
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