80 FR 43062 - Fresh Garlic from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 139 (July 21, 2015)
International Trade Administration
Federal Register Volume 80, Issue 139 (July 21, 2015)
| Page Range | 43062-43063 | |
| FR Document | 2015-17834 |
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)] [Notices] [Pages 43062-43063] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17834] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2015, the Department received a timely request for a new shipper review (NSR) from Jinxiang Huameng Imp & Exp Co. (Huameng), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). On May 22, 2015 Department issued a letter to Huameng requesting that it correct certain deficiencies in its initial request.\1\ On July 6, 2015, Huameng submitted a timely response to the Department's request.\2\ The Department of Commerce (Department) has determined that the request for a NSR of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2014, through April 30, 2015. --------------------------------------------------------------------------- \1\ See Letter from Mark Hoadley, ``Opportunity to Correct Deficiencies,'' dated May 22, 2015. \2\ See Letter from Huameng, ``Deficiency Corrections for Antidumping New Shipper Review Request filed on behalf of Jinxiang Huameng Imp & Exp Co., Ltd.,''(Deficiency Corrections) dated July 6, 2015. --------------------------------------------------------------------------- DATES: Effective Date: July 21, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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- 4261. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on November 16, 1994.\3\ On May 11, 2015, the Department received a timely request for a NSR from Huameng. Huameng certified that it is the exporter and producer of the fresh garlic upon which the request for a NSR is based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Huameng certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).\4\ Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Huameng certified that, since the investigation was initiated, it never has been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation.\5\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), it certified that its export activities are not controlled by the central government of the PRC.\6\ Huameng also certified it had no subsequent shipments of subject merchandise.\7\ --------------------------------------------------------------------------- \3\ See Antidumping Duty Order: Fresh Garlic From the People's Republic of China, 59 FR 59209 (November16, 1994). \4\ See Huameng's request for a NSR dated May 11, 2015, at Exhibit 2. \5\ Id. \6\ Id. \7\ See Deficiency Corrections at page 4. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Huameng submitted documentation establishing the following: (1) the date of its first sale to an unaffiliated customer in the United States; (2) the date on which the fresh garlic was first entered; (3) the volume of that shipment.\8\ --------------------------------------------------------------------------- \8\ Id. at Exhibit 1. --------------------------------------------------------------------------- The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Huameng had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Huameng in its request.\9\ --------------------------------------------------------------------------- \9\ See Memorandum to the File from Andrew Huston, ``New Shipper Reviews of the Antidumping Duty Order on Fresh Garlic from the People's Republic of China: Customs Entries from November 1, 2014, to April 30, 2015,'' dated July 9, 2015. --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states that if the request for the review is made during the six-month period ending [[Page 43063]] with the end of the semiannual anniversary month, the Secretary will initiate a NSR in the calendar month immediately following the semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) states that if the NSR was initiated in the month immediately following the semiannual anniversary month, the POR will be the six-month period immediately preceding the semiannual anniversary month. Within one year of the date on which its fresh garlic was first entered, Huameng made the request for a NSR that included all documents and information required by the statute and regulations. Its request was filed in May, which is the semiannual anniversary month of the order. Therefore, the POR is November 1, 2014, through April 30, 2015.\10\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.214(g)(1)(i)(B). --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that Huameng's request meets the threshold requirements for initiation of a NSR and, therefore, is initiating a NSR of Huameng. The Department intends to issue the preliminary results within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which we issue the preliminary results.\11\ --------------------------------------------------------------------------- \11\ See section 751(a)(2)(B)(iv) of the Act. --------------------------------------------------------------------------- It is the Department's usual practice in cases involving non-market economies to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate (i.e., a separate rate) provide evidence of de jure and de facto absence of government control over the company's export activities.\12\ Accordingly, the Department will issue questionnaires to Huameng that include a separate rate section. The review will proceed if the responses provide sufficient indication that Huameng is not subject to either de jure or de facto government control with respect to its exports of fresh garlic. --------------------------------------------------------------------------- \12\ See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-1.pdf). --------------------------------------------------------------------------- The Department will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise from Huameng in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege will only apply to entries of subject merchandise exported and produced by Huameng, the sales of which are the basis for this NSR request. Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: July 15, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-17834 Filed 7-20-15; 08:45 am] BILLING CODE 3510-DS-P
![43062 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
(MPETAC) will meet on August 4, 2015, public. For more information, call November 16, 1994.3 On May 11, 2015,
9:00 a.m., Room 3884, in the Herbert C. Yvette Springer at (202) 482–2813. the Department received a timely
Hoover Building, 14th Street between Dated: July 16, 2015. request for a NSR from Huameng.
Pennsylvania and Constitution Avenues Yvette Springer,
Huameng certified that it is the exporter
NW., Washington, DC. The Committee and producer of the fresh garlic upon
Committee Liaison Officer.
advises the Office of the Assistant which the request for a NSR is based.
[FR Doc. 2015–17817 Filed 7–20–15; 8:45 am] Pursuant to section 751(a)(2)(B)(i)(I) of
Secretary for Export Administration
with respect to technical questions that BILLING CODE 3510–JT–P the Act and 19 CFR 351.214(b)(2)(i),
affect the level of export controls Huameng certified that it did not export
applicable to materials processing fresh garlic for sale to the United States
DEPARTMENT OF COMMERCE during the period of investigation
equipment and related technology.
International Trade Administration (POI).4 Moreover, pursuant to section
Agenda 751(a)(2)(B)(i)(II) of the Act and 19 CFR
Open Session 351.214(b)(2)(iii)(A), Huameng certified
[A–570–831] that, since the investigation was
1. Opening remarks and
initiated, it never has been affiliated
introductions. Fresh Garlic from the People’s
with any exporter or producer who
2. Presentation of papers and Republic of China: Initiation of
exported the subject merchandise to the
comments by the Public. Antidumping Duty New Shipper
United States during the POI, including
3. Discussions on results from last, Review; 2014–2015 those not individually examined during
and proposals from last Wassenaar the investigation.5 Further, as required
meeting. AGENCY: Enforcement and Compliance,
International Trade Administration, by 19 CFR 351.214(b)(2)(iii)(B), it
4. Report on proposed and recently certified that its export activities are not
issued changes to the Export Department of Commerce.
SUMMARY: On May 11, 2015, the
controlled by the central government of
Administration Regulations. the PRC.6 Huameng also certified it had
5. Other business. Department received a timely request
no subsequent shipments of subject
for a new shipper review (NSR) from
Closed Session merchandise.7
Jinxiang Huameng Imp & Exp Co. In addition to the certifications
6. Discussion of matters determined to (Huameng), in accordance with section described above, pursuant to 19 CFR
be exempt from the provisions relating 751(a)(2)(B)(i) of the Tariff Act of 1930, 351.214(b)(2)(iv), Huameng submitted
to public meetings found in 5 U.S.C. as amended (the Act), and 19 CFR documentation establishing the
app. 2 10 (a) (1) and 10 (a) (3). 351.214(c). On May 22, 2015 following: (1) the date of its first sale to
The open session will be accessible Department issued a letter to Huameng an unaffiliated customer in the United
via teleconference to 20 participants on requesting that it correct certain States; (2) the date on which the fresh
a first come, first serve basis. To join the deficiencies in its initial request.1 On garlic was first entered; (3) the volume
conference, submit inquiries to Ms. July 6, 2015, Huameng submitted a of that shipment.8
Yvette Springer at Yvette.Springer@ timely response to the Department’s The Department queried the database
bis.doc.gov, no later than July 28, 2015. request.2 The Department of Commerce of U.S. Customs and Border Protection
A limited number of seats will be (Department) has determined that the (CBP) in an attempt to confirm that the
available for the public session. request for a NSR of the antidumping shipment reported by Huameng had
Reservations are not accepted. To the duty order on fresh garlic from the entered the United States for
extent that time permits, members of the People’s Republic of China (PRC) meets consumption and that liquidation had
public may present oral statements to the statutory and regulatory been properly suspended for
the Committee. The public may submit requirements for initiation. The period antidumping duties. The information
written statements at any time before or of review (POR) is November 1, 2014, which the Department examined was
after the meeting. However, to facilitate through April 30, 2015. consistent with that provided by
the distribution of public presentation DATES: Effective Date: July 21, 2015. Huameng in its request.9
materials to the Committee members,
the Committee suggests that presenters FOR FURTHER INFORMATION CONTACT: Period of Review
forward the public presentation Andrew Huston, AD/CVD Operations, Pursuant to 19 CFR 351.214(c), an
materials prior to the meeting to Ms. Office VII, Enforcement and exporter or producer may request a NSR
Springer via email. Compliance, International Trade within one year of the date on which its
The Assistant Secretary for Administration, U.S. Department of subject merchandise was first entered.
Administration, with the concurrence of Commerce, 14th Street and Constitution Moreover, 19 CFR 351.214(d)(1) states
the delegate of the General Counsel, Avenue NW., Washington, DC 20230; that if the request for the review is made
formally determined on February 20, telephone: (202) 482–4261. during the six-month period ending
2015, pursuant to section 10(d) of the SUPPLEMENTARY INFORMATION:
Federal Advisory Committee Act, as 3 See Antidumping Duty Order: Fresh Garlic From
Background the People’s Republic of China, 59 FR 59209
amended (5 U.S.C. app. 2 10(d)), that
(November16, 1994).
the portion of the meeting dealing with The Department published the 4 See Huameng’s request for a NSR dated May 11,
matters the premature disclosure of antidumping duty order on fresh garlic
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2015, at Exhibit 2.
which would be likely to frustrate from the PRC in the Federal Register on 5 Id.
significantly implementation of a 6 Id.
proposed agency action as described in 1 See Letter from Mark Hoadley, ‘‘Opportunity to 7 See Deficiency Corrections at page 4.
5 U.S.C. 552b(c)(9)(B) shall be exempt Correct Deficiencies,’’ dated May 22, 2015. 8 Id. at Exhibit 1.
2 See Letter from Huameng, ‘‘Deficiency 9 See Memorandum to the File from Andrew
from the provisions relating to public
Corrections for Antidumping New Shipper Review Huston, ‘‘New Shipper Reviews of the Antidumping
meetings found in 5 U.S.C. app. 2 10(a) Request filed on behalf of Jinxiang Huameng Imp Duty Order on Fresh Garlic from the People’s
(1) and 10(a) (3). The remaining portions & Exp Co., Ltd.,’’(Deficiency Corrections) dated July Republic of China: Customs Entries from November
of the meeting will be open to the 6, 2015. 1, 2014, to April 30, 2015,’’ dated July 9, 2015.
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![Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices 43063
with the end of the semiannual Huameng, the sales of which are the sunset review of the antidumping duty
anniversary month, the Secretary will basis for this NSR request. order on PC strand from the PRC. In
initiate a NSR in the calendar month Interested parties requiring access to accordance with 19 CFR
immediately following the semiannual proprietary information in this 351.218(d)(1)(i), the Department
anniversary month. Further, 19 CFR proceeding should submit applications received notices of intent to participate
315.214(g)(1)(i)(B) states that if the NSR for disclosure under administrative in these sunset reviews from Insteel
was initiated in the month immediately protective order in accordance with 19 Wire Products Company, Sumiden Wire
following the semiannual anniversary CFR 351.305 and 351.306. Products Corporation, and WMC Steel,
month, the POR will be the six-month This initiation and notice are in LLC (collectively, ‘‘Petitioners’’) within
period immediately preceding the accordance with section 751(a)(2)(B) of 15 days after the date of publication of
semiannual anniversary month. Within the Act and 19 CFR 351.214 and the Initiation Notice and the effective
one year of the date on which its fresh 351.221(c)(1)(i). date of the initiation of this sunset
garlic was first entered, Huameng made Dated: July 15, 2015. review.2 Petitioners claimed interested
the request for a NSR that included all Christian Marsh,
party status under section 771(9)(C) of
documents and information required by the Act.
Deputy Assistant Secretary for Antidumping On June 1, 2015, the Department
the statute and regulations. Its request and Countervailing Duty Operations.
was filed in May, which is the received an adequate substantive
[FR Doc. 2015–17834 Filed 7–20–15; 08:45 am] response from Petitioners within the
semiannual anniversary month of the
order. Therefore, the POR is November
BILLING CODE 3510–DS–P deadline specified in 19 CFR
1, 2014, through April 30, 2015.10 351.218(d)(3)(i).3 We received no
responses from respondent interested
Initiation of New Shipper Review DEPARTMENT OF COMMERCE parties. As a result, the Department
Pursuant to section 751(a)(2)(B) of the International Trade Administration conducted an expedited (120-day)
Act and 19 CFR 351.214(b), and the sunset review of the order, pursuant to
information on the record, the [A–570–945] section 751(c)(3)(B) of the Act and 19
Department finds that Huameng’s CFR 351.218(e)(1)(ii)(C)(2).
Prestressed Concrete Steel Wire
request meets the threshold Analysis of Comments Received
Strand From the People’s Republic of
requirements for initiation of a NSR
China: Final Results of Expedited All issues raised in this sunset review
and, therefore, is initiating a NSR of
Sunset Review of the Antidumping are addressed in the ‘‘Issues and
Huameng. The Department intends to
Duty Order Decision Memorandum for the
issue the preliminary results within 180
days after the date on which this review Expedited Sunset Review of the
AGENCY: Enforcement and Compliance,
Antidumping Duty Order on Prestressed
is initiated and the final results within International Trade Administration,
Concrete Steel Wire Strand from the
90 days after the date on which we issue Department of Commerce.
People’s Republic of China’’ from
the preliminary results.11 SUMMARY: On May 1, 2015, the Christian Marsh, Deputy Assistant
It is the Department’s usual practice Department of Commerce (the Secretary for Antidumping and
in cases involving non-market ‘‘Department’’) initiated the first five- Countervailing Duty Operations, to Paul
economies to require that a company year (‘‘sunset’’) review of the Piquado, Assistant Secretary for
seeking to establish eligibility for an antidumping duty order on prestressed Enforcement and Compliance, dated
antidumping duty rate separate from the concrete steel wire strand (‘‘PC strand’’) concurrently with, and hereby adopted
country-wide rate (i.e., a separate rate) from the People’s Republic of China by, this notice (‘‘Decision
provide evidence of de jure and de facto (‘‘PRC’’) pursuant to section 751(c) of Memorandum’’). The issues discussed
absence of government control over the the Tariff Act of 1930, as amended (the in the Decision Memorandum include
company’s export activities.12 ‘‘Act’’).1 As a result of this sunset the likelihood of continuation or
Accordingly, the Department will issue review, the Department finds that recurrence of dumping and the
questionnaires to Huameng that include revocation of the antidumping duty magnitude of the margins likely to
a separate rate section. The review will order on PC strand from the PRC would prevail if the order were to be revoked.
proceed if the responses provide be likely to lead to continuation or Parties may find a complete discussion
sufficient indication that Huameng is recurrence of dumping at the levels of all issues raised in the review and the
not subject to either de jure or de facto indicated in the ‘‘Final Results of corresponding recommendations in this
government control with respect to its Review’’ section of this notice. public memorandum which is on file
exports of fresh garlic. DATES: Effective Date: July 21, 2015. electronically via Enforcement and
The Department will instruct CBP to Compliance’s Antidumping and
FOR FURTHER INFORMATION CONTACT: Bob
allow, at the option of the importer, the Countervailing Duty Centralized
Palmer, AD/CVD Operations, Office V,
posting, until the completion of the Electronic Services System (‘‘ACCESS’’).
Enforcement and Compliance,
review, of a bond or security in lieu of Access to ACCESS is available to
International Trade Administration,
a cash deposit for certain entries of the registered users at http://
U.S. Department of Commerce, 14th
subject merchandise from Huameng in access.trade.gov and is available to all
Street and Constitution Avenue NW,
accordance with section 751(a)(2)(B)(iii) parties in the Central Records Unit,
Washington, DC 20230; telephone: (202)
of the Act and 19 CFR 351.214(e).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
482–9068.
Specifically, the bonding privilege will 2 See Letter to the Secretary from Petitioners,
only apply to entries of subject SUPPLEMENTARY INFORMATION: ‘‘Five-Year (‘‘Sunset’’) Review of the Antidumping
merchandise exported and produced by Duty Order on Prestressed Concrete Steel Wire
Background Strand From the People’s Republic of China—
On May 1, 2015, the Department Notice of Intent to Participate’’ (May 15, 2015).
10 See 19 CFR 351.214(g)(1)(i)(B). 3 See Letter to the Secretary from Petitioners,
11 See section 751(a)(2)(B)(iv) of the Act. published the notice of initiation of the ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty
12 See Import Administration Policy Bulletin, Order on Prestressed Concrete Steel Wire Strand
Number: 05.1. (http://ia.ita.doc.gov/policy/bull05– 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 from the People’s Republic of China—Domestic
1.pdf). FR 24900 (May 1, 2015). Industry’s Substantive Response’’ (June 1, 2015).
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Document Created: 2018-02-23 09:22:58
Document Modified: 2018-02-23 09:22:58
| 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 | |
| Dates | Effective Date: July 21, 2015. | |
| Contact | Andrew Huston, 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- 4261. | |
| FR Citation | 80 FR 43062 |
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