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)
International Trade Administration
Federal Register Volume 80, Issue 129 (July 7, 2015)
| Page Range | 38667-38668 | |
| FR Document | 2015-16644 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \3\ See Preliminary Results. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices 38667
Assessment Rates exporter’s rate) will be liquidated at the Dated: June 30, 2015.
Upon issuance of the final results, the PRC-wide rate.14 Paul Piquado,
Department will determine, and CBP Assistant Secretary for Enforcement and
Cash Deposit Requirements Compliance.
shall assess, antidumping duties on all
appropriate entries covered by this The following cash deposit Appendix—List of Topics Discussed in
review.11 The Department intends to requirements will be effective upon the Preliminary Decision Memorandum
issue assessment instructions to CBP 15 publication of the final results of this 1. Summary
days after the publication of the final administrative review for all shipments 2. Background
results of this review. For each of the subject merchandise entered, or 3. Scope of the Order
individually-examined respondent in withdrawn from warehouse, for 4. Discussion of the Methodology
this review (i.e., CPZ/SGBC) which has consumption on or after the publication a. Non-Market Economy Country
a weighted-average dumping margin b. Separate Rates
date, as provided for by section
which is not zero or de minimis (i.e., c. Separate Rate for Non-Selected
751(a)(2)(C) of the Act: (1) For the Companies
less than 0.5 percent), we will calculate exporters listed above which have a d. Collapsing of CPZ With Another
importer-specific assessment rates based
separate rate, the cash deposit rate will Producer of TRBs
on the ratio of the total amount of e. Surrogate Country
be the rate established in the final
dumping calculated for the importer’s f. Date of Sale
results of this review (except, if the rate
examined sales to the total entered g. Normal Value Comparisons
value of those sales, in accordance with is zero or de minimis, then a cash 5. Conclusion
19 CFR 351.212(b)(1).12 Where either deposit rate of zero will be established
[FR Doc. 2015–16647 Filed 7–6–15; 8:45 am]
the respondent’s weighted-average for that company); (2) for previously
BILLING CODE 3510–DS–P
dumping margin is zero or de minimis, investigated or reviewed PRC and non-
or an importer-specific ad valorem PRC exporters not listed above that have
dumping margin is zero or de minimis, separate rates, the cash deposit rate will DEPARTMENT OF COMMERCE
we will instruct CBP to liquidate the continue to be the exporter-specific rate
appropriate entries without regard to published for the most recently International Trade Administration
antidumping duties. completed segment of this proceeding; [A–570–831]
For the respondents which were not (3) for all PRC exporters of subject
selected for individual examination in merchandise that have not been found Fresh Garlic From the People’s
this administrative review and which to be entitled to a separate rate, the cash Republic of China: Final Results of the
qualified for a separate rate, the deposit rate will be the rate for the PRC- Changed Circumstances Review of
assessment rate will be equal to the wide entity, 92.84 percent; and (4) for Lanling Qingshui Vegetable Foods Co.,
dumping margin assigned to the non- all non-PRC exporters of subject Ltd.
examined separate-rate companies in merchandise which have not received
the 2012–2013 administrative review of AGENCY: Enforcement and Compliance,
their own rate, the cash deposit rate will International Trade Administration,
TRBs from the PRC.13 be the rate applicable to the PRC
For the final results, if we continue to Department of Commerce.
exporter(s) that supplied that non-PRC SUMMARY: On March 23, 2015, the
treat Yantai CMC as part of the PRC-
exporter. These deposit requirements, Department of Commerce (Department)
wide entity, we will instruct CBP to
when imposed, shall remain in effect published a notice of preliminary
apply an ad valorem assessment rate of
92.84 percent to all entries of subject until further notice. results of a changed circumstance
review (CCR) of the antidumping duty
merchandise during the POR which Notification to Importers (AD) order on fresh garlic from the
were exported by Yantai CMC.
For entries that were not reported in This notice also serves as a People’s Republic of China (PRC) 1 in
the U.S. sales databases submitted by preliminary reminder to importers of response to a request from Lanling
companies individually examined Qingshui Vegetable Foods Co., Ltd.
their responsibility under 19 CFR
during this review, the Department will (Qingshui), a producer/exporter of fresh
351.402(f) to file a certificate regarding
instruct CBP to liquidate such entries at and peeled garlic from the PRC.2
the reimbursement of antidumping Pursuant to section 751(b) of the Tariff
the PRC-wide rate. In addition, if the duties prior to liquidation of the Act of 1930, as amended (the Act), and
Department determines that an exporter relevant entries during this review 19 CFR 351.216, the Department
under review had no shipments of the period. Failure to comply with this preliminarily determined that Qingshui
subject merchandise, any suspended requirement could result in the is the successor-in-interest to Cangshan
entries that entered under that Secretary’s presumption that Qingshui Vegetable Foods Co., Ltd.
exporter’s case number (i.e., at that reimbursement of antidumping duties (Cangshan Qingshui) for purposes of the
11 See
occurred and the subsequent assessment AD order on fresh garlic from the PRC,
19 CFR 351.212(b)(1).
12 Inthese preliminary results, the Department
of double antidumping duties. and, as such, is entitled to Cangshan
applied the assessment rate calculation method We are issuing and publishing these Qingshui’s cash deposit rate with
adopted in Antidumping Proceedings: Calculation
preliminary results of review in respect to entries of subject
of the Weighted-Average Dumping Margin and merchandise. We invited interested
Assessment Rate in Certain Antidumping accordance with sections 751(a)(l) and
Proceedings: Final Modification, 77 FR 8101 777(i)(l) of the Act, and 19 CFR parties to comment on the Preliminary
(February 14, 2012). The Department will limit the 351.221(b)(4).
tkelley on DSK3SPTVN1PROD with NOTICES
application of this assessment rate to CPZ/SKF’s 1 See Antidumping Duty Order: Fresh Garlic from
entries of subject merchandise because SGBC’s the People’s Republic of China, 59 FR 59209
entries were not subject to the antidumping duty (November 16, 1994) (Order).
order on TRBs during the POR. For further 2 See Fresh Garlic from the People’s Republic of
14 For a full discussion of this practice, see Non-
discussion, see the Preliminary Decision China: Preliminary Results of the Changed
Memorandum. Market Economy Antidumping Proceedings: Circumstances Review of Lanling Qingshui
13 See ‘‘Rate for Non-Examined Companies Which Assessment of Antidumping Duties, 76 FR 65694 Vegetable Foods Co., Ltd., 80 FR 15192 (March 23,
Are Eligible for a Separate Rate’’ section, above. (October 24, 2011). 2015) (Preliminary Results).
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![38668 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Results. As no parties submitted 2005.90.9500, 2005.90.9700, disclosed under APO in accordance
comments or requested a hearing, the 2005.99.9700, and of the Harmonized with 19 CFR 351.306. Timely written
Department continues to find that Tariff Schedule of the United States notification of the return/destruction of
Qingshui is the successor-in-interest to (HTSUS). APO materials or conversion to judicial
Cangshan Qingshui for these final Although the HTSUS subheadings are protective order is hereby requested.
results. provided for convenience and customs Failure to comply with the regulations
DATES: Effective Date: July 7, 2015. purposes, our written description of the and terms of an APO is a sanctionable
FOR FURTHER INFORMATION CONTACT:
scope of the order is dispositive. In violation.
Hilary E. Sadler, Esq., AD/CVD order to be excluded from the order, We are issuing and publishing these
Operations, Office VII, Enforcement and garlic entered under the HTSUS final results in accordance with sections
Compliance, International Trade subheadings listed above that is (1) 751(b)(1) and 777(i) of the Act, and 19
Administration, U.S. Department of mechanically harvested and primarily, CFR 351.216.
Commerce, 14th Street and Constitution but not exclusively, destined for non- Dated: June 30, 2015.
Avenue NW., Washington, DC 20230; fresh use or (2) specially prepared and
Paul Piquado,
telephone: (202) 482–4340. cultivated prior to planting and then
Assistant Secretary for Enforcement and
harvested and otherwise prepared for
SUPPLEMENTARY INFORMATION: Compliance.
use as seed must be accompanied by
[FR Doc. 2015–16644 Filed 7–6–15; 8:45 am]
Background declarations to U.S. Customs and Border
BILLING CODE 3510–DS–P
Based on a request from Qingshui, the Protection to that effect.
Department initiated a CCR on Qingshui Final Results of Changed
to determine whether it is the successor- Circumstances Review DEPARTMENT OF COMMERCE
in-interest to Cangshan Qingshui, for Because no party submitted
purposes of determining antidumping National Institute of Standards and
comments opposing the Department’s
duties due as a result of the Order. The Technology
Preliminary Results, and the record
Department preliminarily determined contains no other information or
that Qingshui is the successor-in- evidence that calls into question the [Docket Number: 150414364–5364–01]
interest to Cangshan Qingshui and is Preliminary Results, the Department
entitled to its cash deposit rate with National Institute of Standards and
determines that Qingshui is the
respect to entries of merchandise subject Technology Plan for Providing Public
successor-in-interest to Cangshan
to the AD order on fresh garlic from the Access to the Results of Federally
Qingshui.
PRC.3 The Department provided Funded Research
interested parties 30 days from the date Instructions to U.S. Customs and
of publication of the preliminary results Border Protection AGENCY: National Institute of Standards
to submit comments or request a public and Technology, Department of
As a result of this determination, the Commerce.
hearing in accordance with 19 CFR Department finds that Qingshui is
351.309(c)(1)(ii). No parties submitted ACTION: Notice; request for public
entitled to the cash deposit rate
comments or requests for a public comment.
previously assigned to Cangshan
hearing. Qingshui as determined in the new SUMMARY: The National Institute of
Scope of the Order shipper review of Cangshan Qingshui.4 Standards and Technology (NIST) seeks
Consequently, the Department will comments on the NIST Plan for
The products covered by the order are instruct U.S. Customs and Border
all grades of garlic, whole or separated Providing Public Access to the Results of
Protection to collect estimated Federally Funded Research (NIST
into constituent cloves, whether or not antidumping duties for all shipments of
peeled, fresh, chilled, frozen, water or Public Access Plan). NIST is taking
subject merchandise produced and/or steps to make its scientific data and
other neutral substance, but not exported by Qingshui, and entered, or
prepared or preserved by the addition of publications more readily available and
withdrawn from warehouse, for accessible by the public, as directed in
other ingredients or heat processing. consumption on or after the publication
The differences between grades are several recent White House memoranda.
date of this notice in the Federal The NIST Public Access Plan applies to
based on color, size, sheathing, and Register at $3.06 per kilogram, which is
level of decay. The scope of the order the results of research funded wholly or
the current antidumping duty cash in part by NIST, presented in peer-
does not include the following: (a) deposit rate for Cangshan Qingshui.5
Garlic that has been mechanically reviewed scholarly publications and as
This cash deposit requirement shall research data. This document outlines
harvested and that is primarily, but not remain in effect until further notice.
exclusively, destined for non-fresh use; NIST’s plan for implementing new
or (b) garlic that has been specially Notification to Parties responsibilities and procedures to
prepared and cultivated prior to manage the public access of scientific
This notice serves as a reminder to data and publications. The NIST Public
planting and then harvested and parties subject to administrative
otherwise prepared for use as seed. The Access Plan was reviewed by the Office
protective order (APO) of their of Science and Technology Policy and
subject merchandise is used principally responsibility concerning the
as a food product and for seasoning. The the Office of Management and Budget;
disposition of proprietary information they approved it on December 4, 2014.
subject garlic is currently classifiable
Comments received on the NIST Public
tkelley on DSK3SPTVN1PROD with NOTICES
under subheadings: 0703.20.0000, 4 See Fresh Garlic From the People’s Republic of
0703.20.0010, 0703.20.0015, China: Final Results of the Semiannual Access Plan will inform NIST as it
0703.20.0020, 0703.20.0090, Antidumping Duty New Shipper Review of Jinxiang revises its directives that implement the
0710.80.7060, 0710.80.9750, Merry Vegetable Co., Ltd. and Cangshan Qingshui Plan.
Vegetable Foods Co., Ltd.; 2012–2013, 79 FR 62103
0711.90.6000, 0711.90.6500, (October 16, 2014) with accompanying issues and DATES: Comments must be received by
decision memorandum (NSR). 11:59 p.m. Eastern Time on August 21,
3 See Preliminary Results. 5 See id. 2015 to be considered.
VerDate Sep<11>2014 20:31 Jul 06, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1](https://thefederalregister.org/doc/80_FR_38796/page/2.svg)
Document Created: 2015-12-15 13:27:16
Document Modified: 2015-12-15 13:27:16
| 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 | 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. | |
| FR Citation | 80 FR 38667 |
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