80 FR 38667 - Fresh Garlic From the People's Republic of China: Final Results of the Changed Circumstances Review of Lanling Qingshui Vegetable Foods Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 129 (July 7, 2015)

On March 23, 2015, the Department of Commerce (Department) published a notice of preliminary results of a changed circumstance review (CCR) of the antidumping duty (AD) order on fresh garlic from the People's Republic of China (PRC) \1\ in response to a request from Lanling Qingshui Vegetable Foods Co., Ltd. (Qingshui), a producer/ exporter of fresh and peeled garlic from the PRC.\2\ Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the Department preliminarily determined that Qingshui is the successor-in-interest to Cangshan Qingshui Vegetable Foods Co., Ltd. (Cangshan Qingshui) for purposes of the AD order on fresh garlic from the PRC, and, as such, is entitled to Cangshan Qingshui's cash deposit rate with respect to entries of subject merchandise. We invited interested parties to comment on the Preliminary Results. As no parties submitted comments or requested a hearing, the Department continues to find that Qingshui is the successor-in-interest to Cangshan Qingshui for these final results. ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38667-38668]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16644]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of the Changed Circumstances Review of Lanling Qingshui Vegetable Foods 
Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 23, 2015, the Department of Commerce (Department) 
published a notice of preliminary results of a changed circumstance 
review (CCR) of the antidumping duty (AD) order on fresh garlic from 
the People's Republic of China (PRC) \1\ in response to a request from 
Lanling Qingshui Vegetable Foods Co., Ltd. (Qingshui), a producer/
exporter of fresh and peeled garlic from the PRC.\2\ Pursuant to 
section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.216, the Department preliminarily determined that Qingshui is 
the successor-in-interest to Cangshan Qingshui Vegetable Foods Co., 
Ltd. (Cangshan Qingshui) for purposes of the AD order on fresh garlic 
from the PRC, and, as such, is entitled to Cangshan Qingshui's cash 
deposit rate with respect to entries of subject merchandise. We invited 
interested parties to comment on the Preliminary

[[Page 38668]]

Results. As no parties submitted comments or requested a hearing, the 
Department continues to find that Qingshui is the successor-in-interest 
to Cangshan Qingshui for these final results.
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    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
    \2\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results of the Changed Circumstances Review of Lanling 
Qingshui Vegetable Foods Co., Ltd., 80 FR 15192 (March 23, 2015) 
(Preliminary Results).

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DATES: Effective Date: July 7, 2015.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., 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-
4340.

SUPPLEMENTARY INFORMATION: 

Background

    Based on a request from Qingshui, the Department initiated a CCR on 
Qingshui to determine whether it is the successor-in-interest to 
Cangshan Qingshui, for purposes of determining antidumping duties due 
as a result of the Order. The Department preliminarily determined that 
Qingshui is the successor-in-interest to Cangshan Qingshui and is 
entitled to its cash deposit rate with respect to entries of 
merchandise subject to the AD order on fresh garlic from the PRC.\3\ 
The Department provided interested parties 30 days from the date of 
publication of the preliminary results to submit comments or request a 
public hearing in accordance with 19 CFR 351.309(c)(1)(ii). No parties 
submitted comments or requests for a public hearing.
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    \3\ See Preliminary Results.
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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, 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 the 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: 
0703.20.0000, 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, 2005.99.9700, and 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. In order 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.

Final Results of Changed Circumstances Review

    Because no party submitted comments opposing the Department's 
Preliminary Results, and the record contains no other information or 
evidence that calls into question the Preliminary Results, the 
Department determines that Qingshui is the successor-in-interest to 
Cangshan Qingshui.

Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department finds that 
Qingshui is entitled to the cash deposit rate previously assigned to 
Cangshan Qingshui as determined in the new shipper review of Cangshan 
Qingshui.\4\ Consequently, the Department will instruct U.S. Customs 
and Border Protection to collect estimated antidumping duties for all 
shipments of subject merchandise produced and/or exported by Qingshui, 
and entered, or withdrawn from warehouse, for consumption on or after 
the publication date of this notice in the Federal Register at $3.06 
per kilogram, which is the current antidumping duty cash deposit rate 
for Cangshan Qingshui.\5\ This cash deposit requirement shall remain in 
effect until further notice.
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    \4\ See Fresh Garlic From the People's Republic of China: Final 
Results of the Semiannual Antidumping Duty New Shipper Review of 
Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable 
Foods Co., Ltd.; 2012-2013, 79 FR 62103 (October 16, 2014) with 
accompanying issues and decision memorandum (NSR).
    \5\ See id.
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Notification to Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results in accordance 
with sections 751(b)(1) and 777(i) of the Act, and 19 CFR 351.216.

    Dated: June 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-16644 Filed 7-6-15; 8:45 am]
BILLING CODE 3510-DS-P