80 FR 34141 - Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 19th Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 114 (June 15, 2015)
International Trade Administration
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34141-34144 | |
| FR Document | 2015-14656 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Notices] [Pages 34141-34144] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14656] [[Page 34141]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 19th Antidumping Duty Administrative Review; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 8, 2014, the Department of Commerce (the Department) published its preliminary results of the 2012-2013 administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC).\1\ The period of review is November 1, 2012, through October 31, 2013. The mandatory respondents in this review are: Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Jinxiang Hejia Co., Ltd. (Hejia). Following the Preliminary Results, we invited interested parties to comment. We have made no changes for these final results of the antidumping duty administrative review. --------------------------------------------------------------------------- \1\ See Fresh Garlic From the People's Republic of China: Preliminary Results of the Nineteenth Antidumping Duty Administrative Review; 2012-2013, 79 FR 72625 (December 8, 2014) (Preliminary Results). --------------------------------------------------------------------------- As discussed below, the Department is relying on total adverse facts available with respect to the PRC-wide entity, which includes Golden Bird and Hejia, because both failed to cooperate to the best of their ability in this administrative review. The Department is also finding 16 companies had no shipments during the period of review. These determinations and the final dumping margins are discussed below in the ``Final Results'' section of this notice. DATES: Effective Date: June 15, 2015. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, 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- 1395. Background Since the Department published the preliminary results of this administrative review,\2\ Golden Bird and Shenzhen Xinboda Industrial Co. Ltd. (Xinboda) submitted case briefs on January 19 and 20, 2015, respectively. On January 29, 2015, Petitioners \3\ submitted a rebuttal brief. --------------------------------------------------------------------------- \2\ Id. \3\ Petitioners consist of the following companies: The Fresh Garlic Producers Association and its individual members: Christopher Ranch L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc. --------------------------------------------------------------------------- Scope of the Order The products subject to this antidumping duty 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. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.200020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 2005.90.9700. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the Issues and Decision memorandum dated concurrently with and hereby adopted by this notice.\4\ --------------------------------------------------------------------------- \4\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ``Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Fresh Garlic from the People's Republic of China; 2012-2013 Administrative Review,'' issued concurrently with this notice (Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is dated concurrently and is hereby adopted by this notice. A list of the issues that are raised in the briefs and addressed in the Issues and Decision Memorandum is in Appendix III of this notice. The Issues and Decision Memorandum is a public document and is made available to the public 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, and is available to all parties in the Department's Central Records Unit, located in Room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Decision Memorandum are identical in content. Changes Since the Preliminary Results For the final results, based on analysis of the comments received and our review of the record, the Department has made no changes to the Preliminary Results. Detailed discussions of the issues raised by parties can be found in the Decision Memorandum. Final Determination of No Shipments As discussed in the Preliminary Results, 16 companies timely certified that they had no shipments during the period of review. After reviewing these certifications with U.S. Customs and Border Protection (CBP) and examining CBP shipment data, the Department preliminary found that these companies did not have reviewable transactions during the POR.\5\ Since the Preliminary Results, the Department has not received comments or information that would warrant a review of this preliminary finding. As such, for these final results, the Department finds that the 16 companies listed in Appendix I had no shipments during the POR. --------------------------------------------------------------------------- \5\ See Preliminary Results at 72627. --------------------------------------------------------------------------- PRC-Wide Entity As discussed in the Preliminary Results, the Department preliminarily determined that 124 companies are part of the PRC-wide entity.\6\ In addition to the two mandatory respondents who failed to cooperate to the best of their ability to comply with requested information, the Department also found that 92 of the companies whose review requests were withdrawn had not been assigned a separate rate from a prior segment of the proceeding, and thus were considered part of the PRC-wide entity. Further, an additional 30 companies, for which a review was requested, and not withdrawn, did not file a separate rate application or certification, nor did they file a no shipments certification. Accordingly, the Department preliminarily determined these companies to be part of the PRC-wide entity. As discussed in detail in the Decision Memorandum, the Department continues to find Golden Bird to be part of the PRC-wide entity. Other than from Golden Bird, the Department has not received comments or information that would warrant a review of the preliminary decision to consider these companies part of the PRC-wide entity. Thus, for these final results, the Department continues to find all 124 companies to be part of the PRC-wide entity. A full list of [[Page 34142]] companies determined to be part of the PRC-wide entity can be found in Appendix II. --------------------------------------------------------------------------- \6\ Id. at 72626. --------------------------------------------------------------------------- Separate Rates In the Preliminary Results, the Department found that non-selected companies Chengwu County Yuanxiang Industry & Commerce Co, Ltd.; Jinxiang Richfar Fruits and Vegetables Co., Ltd.; Qingdao Lianghe International Trade Co., Ltd.; Shandong Chenhe International Trading Co., Ltd.; Xinboda; Weifang Hongqiao International Logistics Co., Ltd. and XuZhou Simple Garlic Industry Co., Ltd. demonstrated their eligibility for separate rates.\7\ Since the Preliminary Results, the Department has not received any comments that would warrant a review of these preliminary findings. Therefore, we continue to find that these companies are eligible for separate rates. --------------------------------------------------------------------------- \7\ Id. at 72626, 72627. --------------------------------------------------------------------------- Neither the Tariff Act of 1930, as amended (the Act), nor the Department's regulations address the establishment of the rate applied to individual companies not selected for examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department's practice in cases involving limited selection based on exporters accounting for the largest volumes of exports has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all- others rate in an investigation. Section 735(c)(5)(A) of the Act instructs the Department to avoid calculating an all-others rate using any rates that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that, where all rates are zero, de minimis, or based entirely on facts available, the Department may use ``any reasonable method'' for assigning an all- others rate. We determine that, consistent with our Preliminary Results, the rate for non-selected companies eligible for separate rates should be based on the rate used for non-selected separate rate companies in the most recently completed administrative review under this order. This is consistent with precedent and is a reasonable method to determine this rate in the instant review. Pursuant to this method, we are assigning the rate of $1.82 per kilogram to non-selected companies eligible for separate rates, which is from the most recently completed administrative review under this order.\8\ --------------------------------------------------------------------------- \8\ See Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014). --------------------------------------------------------------------------- Final Results of Review The Department determines that the following dumping margins exist for the period November 1, 2012, through October 31, 2013. ------------------------------------------------------------------------ Weighted- average margin Exporter (dollars per kilogram) ------------------------------------------------------------------------ Chengwu County Yuanxiang Industry & Commerce Co., Ltd....... 1.82 Jinxiang Richfar Fruits & Vegetables Co., Ltd............... 1.82 Qingdao Lianghe International Trade Co., Ltd................ 1.82 Shandong Chenhe International Trading Co., Ltd.............. 1.82 Shenzhen Xinboda Industrial Co., Ltd........................ 1.82 Weifang Hongqiao International Logistics Co., Ltd........... 1.82 XuZhou Simple Garlic Industry Co., Ltd...................... 1.82 PRC-Wide Rate \9\........................................... 4.71 ------------------------------------------------------------------------ Assessment Rates --------------------------------------------------------------------------- \9\ Includes Golden Bird and Hejia. --------------------------------------------------------------------------- Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise, where applicable, in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions for such producers/exporters directly to CBP 15 days after the date of publication of this notice in the Federal Register. The Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., per kilogram) amount on each entry of the subject merchandise during the POR. For entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at the exporter's rate) will be liquidated at the PRC-wide rate.\10\ --------------------------------------------------------------------------- \10\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the companies listed above, the cash deposit rate will be the weighted-average dumping margins indicated above (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of $4.71 per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final 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 the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to an Administrative Protective Order (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 proceeding. Timely written notification of the return/destruction of [[Page 34143]] 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. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: June 5, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I Companies That Have Certified No Shipments 1. Cangshan Qingshui Vegetable Foods Co., Ltd. 2. Chengwu County Yuanxiang Industry & Commerce Co., Ltd. 3. Jinan Farmlady Trading Co., Ltd. 4. Jining Yifa Garlic Produce Co., Ltd. 5. Jining Yongjia Trade Co., Ltd. 6. Jinxiang Chengda Import & Export Co., Ltd. 7. Jinxiang Merry Vegetable Co., Ltd. 8. Jinxiang Yuanxin Import & Export Co., Ltd. 9. Shenzhen Bainong Co., Ltd. 10. Shijiazhuang Goodman Trading Co., Ltd. 11. Qingdao Maycarrier Import & Export Co., Ltd. 12. Qingdao Sea-line International Trading Co. 13. Qingdao Tiantaixing Foods Co., Ltd. 14. Qingdao Xiantianfeng Foods Co., Ltd. or Xi Tian Feng 15. Xuzhou Simple Garlic Industry Co., Ltd. 16. Yantai Jinyan Trading Inc. Appendix II List of Companies Subject to the PRC-Wide Rate 1. American Pioneer Shipping 2. Anhui Dongqian Foods Ltd. 3. Anqiu Friend Food Co., Ltd. 4. Anqiu Haoshun Trade Co., Ltd. 5. APM Global Logistics (Shanghai) Co., Ltd. 6. APS Qingdao 7. Chiping Shengkang Foodstuff Co., Ltd. 8. CMEC Engineering Machinery Import & Export Co., Ltd. 9. Dalian New Century Food Co., Ltd. 10. Dongying Shunyifa Chemical Co., Ltd. 11. Dynalink Systems Logistics (Qingdao) Inc. 12. Eimskip Logistics Inc. 13. Feicheng Acid Chemicals Co., Ltd. 14. Foshan Fuyi Food Co, Ltd. 15. Frog World Co., Ltd. 16. Golden Bridge International, Inc. 17. Goodwave Technology Development Ltd. 18. Guangxi Lin Si Fu Bang Trade Co., Ltd 19. Hangzhou Guanyu Foods Co., Ltd. 20. Hebei Golden Bird Trading Co., Ltd. 21. Hejiahuan (Zhongshan) Electrical AP 22. Henan Weite Industrial Co., Ltd. 23. Heze Ever-Best International Trade Co., Ltd. (f/k/a Shandong Heze International Trade and Developing Company) 24. Hongkong Golden Eagle Group Ltd. 25. Hongqiao International Logistics Co. 26. Intecs Logistics Service Co., Ltd. 27. IT Logistics Qingdao Branch 28. Jinan Solar Summit International Co., Ltd. 29. Jinan Yipin Corporation Ltd. 30. Jining De-Rain Trading Co., Ltd. 31. Jining Highton Trading Co., Ltd. 32. Jining Jiulong International Trading Co., Ltd. 33. Jining Tiankuang Trade Co., Ltd. 34. Jining Trans-High Trading Co., Ltd. 35. Jinxiang County Huaguang Food Import & Export Co., Ltd. 36. Jinxiang Dacheng Food Co., Ltd. 37. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang Eastward Shipping Import and Export Limited Company) 38. Jinxiang Dongyun Import & Export Co., Ltd. 39. Jinxiang Fengsheng Import & Export Co., Ltd. 40. Jinxiang Grand Agricultural Co., Ltd. 41. Jinxiang Hejia Co., Ltd. 42. Jinxiang Infarm Fruits & Vegetables Co., Ltd. 43. Jinxiang Meihua Garlic Produce Co., Ltd. 44. Jinxiang Shanyang Freezing Storage Co., Ltd. 45. Jinxiang Shenglong Trade Co., Ltd. 46. Jinxiang Tianheng Trade Co., Ltd. 47. Jinxiang Tianma Freezing Storage Co., Ltd. 48. Jinxiang Xian Baishite Trade Co., Ltd. (a/k/a Jinxiang Best Trade Co., Ltd.) 49. Juye Homestead Fruits and Vegetables Co., Ltd. 50. Kingwin Industrial Co., Ltd. 51. Laiwu Fukai Foodstuff Co., Ltd. 52. Laiwu Jiahe Fruit and Vegatable Co., Ltd. 53. Laizhou Xubin Fruits and Vegetables 54. Linshu Dading Private Agricultural Products Co., Ltd. 55. Linyi City Hedong District Jiuli Foodstuff Co. 56. Linyi City Kangfa Foodstuff Drinkable Co., Ltd. 57. Linyi Katayama Foodstuffs Co., Ltd. 58. Linyi Tianqin Foodstuff Co., Ltd. 59. Ningjin Ruifeng Foodstuff Co., Ltd. 60. Qingdao Apex Shipping Co., Ltd. 61. Qingdao BNP Co., Ltd. 62. Qingdao Cherry Leather Garment Co., Ltd. 63. Qingdao Chongzhi International Transportation Co., Ltd. 64. Qingdao Everfresh Trading Co., Ltd. 65. Qingdao Liang He International Trade Co., Ltd. 66. Qingdao Lianghe International Trade Co., Ltd. 67. Qingdao Saturn International Trade Co., Ltd. 68. Qingdao Sino-World International Trading Co., Ltd. 69. Qingdao Winner Foods Co., Ltd. 70. Qingdao XinTian Feng Food Co., Ltd. 71. Qingdao Yuankang International 72. Qufu Dongbao Import & Export Trade Co., Ltd. 73. Rizhao Huasai Foodstuff Co., Ltd. 74. Samyoung America (Shanghai) Inc. 75. Shandong Chengshun Farm Produce Trading Co., Ltd. 76. Shandong Chenhe Intl Trading Co., Ltd. 77. Shandong China Bridge Imports 78. Shandong Dongsheng Eastsun Foods Co., Ltd. 79. Shandong Garlic Company 80. Shandong Longtai Fruits and Vegetables Co., Ltd. 81. Shandong Sanxing Food Co., Ltd. 82. Shandong Wonderland Organic Food Co., Ltd. 83. Shandong Xingda Foodstuffs Group Co., Ltd. 84. Shandong Yipin Agro (Group) Co., Ltd. 85. Shanghai Ever Rich Trade Company 86. Shanghai Goldenbridge International Co., Ltd. 87. Shanghai Great Harvest International Co., Ltd. 88. Shanghai LJ International Trading Co., Ltd. 89. Shanghai Medicines & Health Products Import/Export Co., Ltd. 90. Shanghai Yijia International Transportation Co., Ltd. 91. Shenzhen Fanhui Import & Export Co., Ltd. 92. Shenzhen Greening Trading Co., Ltd. 93. Shenzhen Xunong Trade Co., Ltd. 94. Sunny Import & Export Limited 95. Tangerine International Trading Co. 96. T&S International, LLC. 97. Taian Eastsun Foods Co., Ltd. 98. Taian Fook Huat Tong Kee Pte. Ltd. 99. Taian Solar Summit Food Co., Ltd. 100. Taiyan Ziyang Food Co., Ltd. 101. Tianjin Spiceshi Co., Ltd. 102. U.S. United Logistics (Ningbo) Inc. 103. V.T. Impex (Shandong) Limited 104. Weifang Chenglong Import & Export Co., Ltd. 105. Weifang He Lu Food Import & Export Co., Ltd. 106. Weifang Hong Qiao International Logistics Co., Ltd. 107. Weifang Jinbao Agricultural Equipment Co., Ltd. 108. Weifang Naike Foodstuffs Co., Ltd. 109. Weifang Shennong Foodstuff Co., Ltd. 110. Weihai Textile Group Import & Export Co., Ltd. 111. WSSF Corporation (Weifang) 112. Xiamen Huamin Import Export Company 113. Xiamen Keep Top Imp. and Exp. Co., Ltd. 114. Xinjiang Top Agricultural Products Co., Ltd. 115. XuZhou Heiners Agricultural Co., Ltd. 116. Yishui Hengshun Food Co., Ltd. 117. You Shi Li International Trading Co., Ltd. 118. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd. 119. Zhengzhou Dadi Garlic Industry Co., Ltd. 120. Zhengzhou Huachao Industrial Co., Ltd. 121. Zhengzhou Xiwannian Food Co., Ltd. 122. Zhengzhou Xuri Import & Export Co., Ltd. 123. Zhengzhou Yuanli Trading Co., Ltd. 124. Zhong Lian Farming Product (Qingdao) Co., Ltd. Appendix III List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues [[Page 34144]]Comment 1: Whether Golden Bird Cooperated to the Best of its Ability in this Review Comment 2: Whether Golden Bird Should Be Part of the PRC-Wide Entity Comment 3: Assigned Separate Rate Comment 4: Whether Xinboda Should Have Been Individually Reviewed Comment 5: PRC-Wide Rate Challenge Comment 6: 15-Day Liquidation Instruction Policy Challenge Recommendation [FR Doc. 2015-14656 Filed 6-12-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices 34141
DEPARTMENT OF COMMERCE On January 29, 2015, Petitioners 3 Decision Memorandum are identical in
submitted a rebuttal brief. content.
International Trade Administration
Scope of the Order Changes Since the Preliminary Results
[A–570–831] The products subject to this For the final results, based on analysis
antidumping duty order are all grades of of the comments received and our
Fresh Garlic From the People’s garlic, whole or separated into review of the record, the Department
Republic of China: Final Results and constituent cloves, whether or not has made no changes to the Preliminary
Partial Rescission of the 19th peeled, fresh, chilled, frozen, Results. Detailed discussions of the
Antidumping Duty Administrative provisionally preserved, or packed in issues raised by parties can be found in
Review; 2012–2013 water or other neutral substance, but not the Decision Memorandum.
AGENCY: Enforcement and Compliance, prepared or preserved by the addition of Final Determination of No Shipments
International Trade Administration, other ingredients or heat processing.
Fresh garlic that are subject to the order As discussed in the Preliminary
Department of Commerce. Results, 16 companies timely certified
are currently classified under the
SUMMARY: On December 8, 2014, the that they had no shipments during the
Harmonized Tariff Schedule of the
Department of Commerce (the United States (HTSUS) 0703.20.0010, period of review. After reviewing these
Department) published its preliminary 0703.200020, 0703.20.0090, certifications with U.S. Customs and
results of the 2012–2013 administrative 0710.80.7060, 0710.80.9750, Border Protection (CBP) and examining
review of the antidumping duty order 0711.90.6000, and 2005.90.9700. CBP shipment data, the Department
on fresh garlic from the People’s Although the HTSUS numbers are preliminary found that these companies
Republic of China (PRC).1 The period of provided for convenience and customs did not have reviewable transactions
review is November 1, 2012, through purposes, the written product during the POR.5 Since the Preliminary
October 31, 2013. The mandatory description remains dispositive. A full Results, the Department has not
respondents in this review are: Hebei description of the scope of the order is received comments or information that
Golden Bird Trading Co., Ltd. (Golden contained in the Issues and Decision would warrant a review of this
Bird) and Jinxiang Hejia Co., Ltd. memorandum dated concurrently with preliminary finding. As such, for these
(Hejia). Following the Preliminary and hereby adopted by this notice.4 final results, the Department finds that
Results, we invited interested parties to the 16 companies listed in Appendix I
comment. We have made no changes for Analysis of Comments Received had no shipments during the POR.
these final results of the antidumping All issues raised in the case and PRC-Wide Entity
duty administrative review. rebuttal briefs are addressed in the
As discussed below, the Department As discussed in the Preliminary
Issues and Decision Memorandum,
is relying on total adverse facts available Results, the Department preliminarily
which is dated concurrently and is
with respect to the PRC-wide entity, determined that 124 companies are part
hereby adopted by this notice. A list of
which includes Golden Bird and Hejia, of the PRC-wide entity.6 In addition to
the issues that are raised in the briefs
because both failed to cooperate to the the two mandatory respondents who
and addressed in the Issues and
best of their ability in this failed to cooperate to the best of their
Decision Memorandum is in Appendix
administrative review. The Department ability to comply with requested
III of this notice. The Issues and
is also finding 16 companies had no information, the Department also found
Decision Memorandum is a public
shipments during the period of review. that 92 of the companies whose review
document and is made available to the
These determinations and the final requests were withdrawn had not been
public via Enforcement and
dumping margins are discussed below assigned a separate rate from a prior
Compliance’s Antidumping and
in the ‘‘Final Results’’ section of this segment of the proceeding, and thus
Countervailing Duty Centralized
notice. were considered part of the PRC-wide
Electronic Service System (ACCESS).
entity. Further, an additional 30
DATES: Effective Date: June 15, 2015. ACCESS is available to registered users
companies, for which a review was
FOR FURTHER INFORMATION CONTACT: at https://access.trade.gov, and is
requested, and not withdrawn, did not
Nicholas Czajkowski, AD/CVD available to all parties in the
file a separate rate application or
Operations, Office VII, Enforcement and Department’s Central Records Unit,
certification, nor did they file a no
Compliance, International Trade located in Room 7046 of the main
shipments certification. Accordingly,
Administration, U.S. Department of Department of Commerce building. In
the Department preliminarily
Commerce, 14th Street and Constitution addition, a complete version of the
determined these companies to be part
Avenue NW., Washington, DC 20230; Decision Memorandum can be found at
of the PRC-wide entity. As discussed in
telephone: (202) 482–1395. http://enforcement.trade.gov/frn/. The
detail in the Decision Memorandum, the
signed and the electronic versions of the
Background Department continues to find Golden
Bird to be part of the PRC-wide entity.
Since the Department published the 3 Petitioners consist of the following companies:
Other than from Golden Bird, the
preliminary results of this The Fresh Garlic Producers Association and its
individual members: Christopher Ranch L.L.C., The Department has not received comments
administrative review,2 Golden Bird and Garlic Company, Valley Garlic, and Vessey and or information that would warrant a
Shenzhen Xinboda Industrial Co. Ltd. Company, Inc.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
review of the preliminary decision to
(Xinboda) submitted case briefs on 4 See Memorandum from Christian Marsh, Deputy
consider these companies part of the
January 19 and 20, 2015, respectively. Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. PRC-wide entity. Thus, for these final
Lorentzen, Acting Assistant Secretary for results, the Department continues to
1 See Fresh Garlic From the People’s Republic of
Enforcement and Compliance, regarding ‘‘Issues find all 124 companies to be part of the
China: Preliminary Results of the Nineteenth and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2012– Antidumping Duty Administrative Review: Fresh
PRC-wide entity. A full list of
2013, 79 FR 72625 (December 8, 2014) (Preliminary Garlic from the People’s Republic of China; 2012–
Results). 2013 Administrative Review,’’ issued concurrently 5 See Preliminary Results at 72627.
2 Id. with this notice (Decision Memorandum). 6 Id. at 72626.
VerDate Sep<11>2014 16:39 Jun 12, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1](https://thefederalregister.org/doc/80_FR_34255/page/1.svg)
![34144 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices
• Comment 1: Whether Golden Bird condition; or if an existing rebuilding assessment process. Such adjustments
Cooperated to the Best of its Ability in plan has not ended overfishing or may result in the meeting being
this Review resulted in adequate rebuilding extended from, or completed prior to
• Comment 2: Whether Golden Bird
Should Be Part of the PRC-Wide Entity
progress. NMFS also notifies Councils the time established by this notice.
• Comment 3: Assigned Separate Rate when it determines a stock or stock ADDRESSES:
• Comment 4: Whether Xinboda Should complex is subject to overfishing. Meeting address: The meeting will be
Have Been Individually Reviewed Section 304(e)(2) further requires NMFS held via webinar. The webinar is open
• Comment 5: PRC-Wide Rate Challenge to publish these notices in the Federal to members of the public. Those
• Comment 6: 15-Day Liquidation Register.
Instruction Policy Challenge interested in participating should
NMFS has determined that the Gulf of contact Julia Byrd at SEDAR (see FOR
Recommendation
Maine/Northern Georges Bank stock of FURTHER INFORMATION CONTACT below) to
[FR Doc. 2015–14656 Filed 6–12–15; 8:45 am] red hake is now subject to overfishing. request an invitation providing webinar
BILLING CODE 3510–DS–P The New England Fishery Management access information. Please request
Council has been informed that they webinar invitations at least 24 hours in
must end overfishing on this stock. advance of each webinar.
DEPARTMENT OF COMMERCE NMFS has determined that the SEDAR address: 4055 Faber Place
Southeast Florida stock of hogfish is Drive, Suite 201, N. Charleston, SC
National Oceanic and Atmospheric
now subject to overfishing and in an 29405.
Administration
overfished condition. The Southeast
RIN 0648–XD930 Florida stock of hogfish was recently FOR FURTHER INFORMATION CONTACT: Julia
identified as a separate stock among a Byrd, SEDAR Coordinator; phone: (843)
Determination of Overfishing or an total of three hogfish stocks. The Gulf of 571–4366; email: julia.byrd@safmc.net.
Overfished Condition Mexico Fishery Management Council SUPPLEMENTARY INFORMATION: The Gulf
AGENCY: National Marine Fisheries and the South Atlantic Fishery of Mexico, South Atlantic, and
Service (NMFS), National Oceanic and Management Council have been Caribbean Fishery Management
Atmospheric Administration (NOAA), informed that they must end overfishing Councils, in conjunction with NOAA
Commerce. and rebuild the Southeast Florida stock Fisheries and the Atlantic and Gulf
ACTION: Notice. of hogfish. States Marine Fisheries Commissions,
Dated: June 9, 2015. have implemented the Southeast Data,
SUMMARY: This action serves as a notice Emily H. Menashes, Assessment and Review (SEDAR)
that NMFS, on behalf of the Secretary of process, a multi-step method for
Acting Director, Office of Sustainable
Commerce (Secretary), has found that Fisheries, National Marine Fisheries Service. determining the status of fish stocks in
the following stocks are subject to the Southeast Region. SEDAR is a three-
[FR Doc. 2015–14625 Filed 6–12–15; 8:45 am]
overfishing or are in an overfished step process including: (1) Data
BILLING CODE 3510–22–P
condition: Gulf of Maine/Northern Workshop(s); (2) Assessment Process;
Georges Bank red hake, which is and (3) Review Workshop. The product
managed by the New England Fishery of the Data Workshop(s) is a data report
DEPARTMENT OF COMMERCE
Management Council, is now subject to which compiles and evaluates potential
overfishing, but is not overfished; and National Oceanic and Atmospheric datasets and recommends which
Southeast Florida hogfish, which is Administration datasets are appropriate for assessment
jointly managed by the Gulf of Mexico analyses. The product of the Assessment
and South Atlantic Fishery Management RIN 0648–XD934
Process is a stock assessment report
Councils, is now subject to overfishing which describes the fisheries, evaluates
Fisheries of the South Atlantic;
and is in an overfished condition. the status of the stock, estimates
Southeast Data, Assessment, and
NMFS, on behalf of the Secretary, biological benchmarks, projects future
Review (SEDAR); Public Meeting
notifies the appropriate fishery population conditions, and recommends
management council (Council) AGENCY: National Marine Fisheries research and monitoring needs. The
whenever it determines that overfishing Service (NMFS), National Oceanic and assessment is independently peer
is occurring, a stock is in an overfished Atmospheric Administration (NOAA), reviewed at the Review Workshop. The
condition, a stock is approaching an Commerce. product of the Review Workshop is a
overfished condition, or when a ACTION: Notice of SEDAR 41 pre Data Summary documenting panel opinions
rebuilding plan has not resulted in Workshop II webinar. regarding the strengths and weaknesses
adequate progress toward ending of the stock assessment and input data.
overfishing and rebuilding affected fish SUMMARY: The SEDAR 41 assessments of Participants for SEDAR Workshops are
stocks. the South Atlantic stocks of red snapper appointed by the Gulf of Mexico, South
FOR FURTHER INFORMATION CONTACT: and gray triggerfish will consist of a Atlantic, and Caribbean Fishery
Regina Spallone, (301) 427–8568. series of workshops and webinars: Data Management Councils and NOAA
SUPPLEMENTARY INFORMATION: Pursuant Workshops; an Assessment Process; and Fisheries Southeast Regional Office,
to sections 304(e)(2) and (e)(7) of the a Review Workshop. This notice is for Highly Migratory Species Management
Magnuson-Stevens Fishery a webinar associated with the Data Division, and Southeast Fisheries
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Conservation and Management Act portion of the SEDAR process. See Science Center. Participants include:
(Magnuson-Stevens Act), 16 U.S.C. SUPPLEMENTARY INFORMATION. Data collectors and database managers;
1854(e)(2) and (e)(7), and implementing DATES: A SEDAR 41 pre Data Workshop stock assessment scientists, biologists,
regulations at 50 CFR 600.310(e)(2), II webinar will be held on Wednesday, and researchers; constituency
NMFS, on behalf of the Secretary, must July 1, 2015, from 9 a.m. until 12 p.m. representatives including fishermen,
notify Councils whenever it determines The established times may be adjusted environmentalists, and non-
that a stock or stock complex is as necessary to accommodate the timely governmental organizations (NGOs);
overfished or approaching an overfished completion of discussion relevant to the international experts; and staff of
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Document Created: 2015-12-15 15:13:31
Document Modified: 2015-12-15 15:13:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Nicholas Czajkowski, 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- 1395. | |
| FR Citation | 80 FR 34141 |
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