80 FR 57579 - Fresh Garlic From the People's Republic of China: Final Results of the Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 185 (September 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 185 (September 24, 2015)
| Page Range | 57579-57580 | |
| FR Document | 2015-23646 |
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)] [Notices] [Pages 57579-57580] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23646] ----------------------------------------------------------------------- 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 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 30, 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 Jining Yongjia Trade Co., Ltd. (Yongjia), an exporter of fresh and peeled garlic from the PRC.\2\ Yongjia requested that the Department determine that Jinxiang County Shanfu Frozen Co., Ltd. (Shanfu II), Yongjia's supplier of garlic, is the successor-in-interest to Yongjia's garlic supplier (Shanfu I) during its new shipper review (NSR). In the Preliminary Results, the Department found that Shanfu II is not the successor-in-interest to Shanfu I, and, as such, is subject to the PRC- wide entity cash deposit rate with respect to entries of subject merchandise. Based on our analysis of the comments from the parties, we continue to find that Shanfu II is not the successor-in-interest to Shanfu I 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 Jining Yongjia Trade Co., Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., 80 FR 37222 (June 30, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective September 24, 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 For a complete description of the events following the publication of the Preliminary Results, see the Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ 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 ``Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Fresh Garlic from the People's Republic of China: Jining Yongjia Trade Co., Ltd. and Jinxiang County Shanfu Frozen Co., Ltd.,'' dated concurrently with and adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- 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 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). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the [[Page 57580]] order is dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the parties in the case briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Results of Changed Circumstances Review Upon review of the comments received, the Department has determined that Shanfu II operates in most material respects as a different business entity than Shanfu I, as discussed in the Preliminary Results and the Issues and Decision Memorandum. Furthermore, Shanfu I officially and effectively ceased to operate for two years, having dissolved and de-registered in 2012. Therefore, the Department adopts the Preliminary Results and finds that Shanfu II is not the successor- in-interest to Shanfu I. Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that Yongjia and Shanfu II are subject to the cash deposit rate currently assigned to the PRC-wide entity with respect to the subject merchandise, i.e., $4.71 per kilogram.\4\ Consequently, the Department will instruct U.S. Customs and Border Protection to continue suspension of liquidation and to collect estimated antidumping duties for all shipments of subject merchandise produced by Shanfu II and exported by Yongjia at the current cash deposit rate assigned to the PRC-wide entity of $4.71 per kilogram.\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 and Partial Rescission of the 19th Antidumping Administrative Review, 80 FR 34141 (June 15, 2015). \5\ Id. --------------------------------------------------------------------------- Notification to Parties This notice is the only 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 351.305(a)(3). Timely written notification of the return or 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)(1) and (2) of the Act, and 19 CFR 351.216. Dated: September 14, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues in Successor-in-Interest 1. Changes in Ownership and Management 2. Production Facilities and Equipment 3. Supplier Relationships 4. Customer Base 5. Dissolution 6. Change in Corporate Form 7. Expansion of Business Scope V. Summary of Findings VI. Recommendation [FR Doc. 2015-23646 Filed 9-23-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices 57579
the requirements of section 734(b) or (d) comments, limited to issues raised in II is not the successor-in-interest to
of the Act, the Department shall take the affirmative comments, may be Shanfu I for these final results.
action it determines appropriate under submitted via ACCESS no later than 45 DATES: Effective September 24, 2015.
section 734(i) of the Act and the days after the date of publication of this FOR FURTHER INFORMATION CONTACT:
regulations.’’ notice by 5 p.m. Eastern Daylight Time. Hilary E. Sadler, Esq., AD/CVD
Section 734(i) of the Act provides that When submitting comments via Operations, Office VII, Enforcement and
where, as here, the investigation was ACCESS, interested parties must upload Compliance, International Trade
completed, the Department shall their submissions to the segment in Administration, U.S. Department of
publish a determination suspending ACCESS entitled ‘‘Suspension Commerce, 14th Street and Constitution
liquidation and issue an antidumping Agreement.’’ The Department intends to Avenue NW., Washington, DC 20230;
order under section 736(a) of the Act if address any comments in its telephone: (202) 482–4340.
the Department determines that there determination. SUPPLEMENTARY INFORMATION:
has been a violation of the Agreement, Dated: September 18, 2015.
or the Agreement no longer meets Background
Ronald K. Lorentzen,
certain statutory requirements, For a complete description of the
Acting Assistant Secretary for Enforcement events following the publication of the
including the ‘‘public interest’’ & Compliance.
requirement under section 734(d)(1) of Preliminary Results, see the Issues and
[FR Doc. 2015–24329 Filed 9–23–15; 8:45 am] Decision Memorandum.3 The Issues and
the Act. The Department’s regulations at
19 CFR 351.209(c)(1) state that if the BILLING CODE 3510–DS–P Decision Memorandum is a public
Department has reason to believe that a document and is on file electronically
suspension agreement no longer meets via Enforcement and Compliance’s AD
DEPARTMENT OF COMMERCE and Countervailing Duty (CVD)
the requirements of section 734(d) of the
Act, including if suspension of the International Trade Administration Centralized Electronic Service System
investigation is no longer in the ‘‘public (ACCESS). ACCESS is available to
interest,’’ it will publish a notice registered users at http://
[A–570–831] access.trade.gov and in the Central
inviting comment on the suspension
agreement. Based on the request to Records Unit, room B8024 of the main
Fresh Garlic From the People’s
terminate, we find that the requirements Department of Commerce building. In
Republic of China: Final Results of the
of 19 CFR 351.209(c)(1) have been met, addition, a complete version of the
Changed Circumstances Review
and as such, are issuing this notice to Issues and Decision Memorandum can
seek comments to determine if AGENCY: Enforcement and Compliance, be accessed directly at http://
suspension of the investigation is no International Trade Administration, enforcement.trade.gov/frn/index.html.
longer in the ‘‘public interest.’’ Department of Commerce. The signed Issues and Decision
Although the domestic interested Memorandum and the electronic
SUMMARY: On June 30, 2015, the version of the Issues and Decision
parties alleged that Severstal may have
Department of Commerce (Department) Memorandum are identical in content.
violated the terms of the Agreement, we
published a notice of preliminary
are not soliciting comments on the Scope of the Order
results of a changed circumstance
alleged violation.
review (CCR) of the antidumping duty The products covered by the order are
The Department will make its (AD) order on fresh garlic from the all grades of garlic, whole or separated
determination and if appropriate, take People’s Republic of China (PRC) 1 in into constituent cloves, whether or not
necessary action, in accordance with response to a request from Jining peeled, fresh, chilled, frozen, water or
section 734(i) of the Act and 19 CFR Yongjia Trade Co., Ltd. (Yongjia), an other neutral substance, but not
351.209(c). Further, in making our exporter of fresh and peeled garlic from prepared or preserved by the addition of
determination, the Department will the PRC.2 Yongjia requested that the other ingredients or heat processing.
consider imports into the United States Department determine that Jinxiang The subject garlic is currently
from all sources of the merchandise, as County Shanfu Frozen Co., Ltd. (Shanfu classifiable under subheadings:
described in Section A of the II), Yongjia’s supplier of garlic, is the 0703.20.0000, 0703.20.0010,
Agreement. We also will consider successor-in-interest to Yongjia’s garlic 0703.20.0015, 0703.20.0020,
factors including, but not limited to, the supplier (Shanfu I) during its new 0703.20.0090, 0710.80.7060,
following: volume of trade, pattern of shipper review (NSR). In the 0710.80.9750, 0711.90.6000,
trade, whether or not the reseller is an Preliminary Results, the Department 0711.90.6500, 2005.90.9500,
original equipment manufacturer, and found that Shanfu II is not the 2005.90.9700, 2005.99.9700, and of the
the reseller’s export price. See successor-in-interest to Shanfu I, and, as Harmonized Tariff Schedule of the
Agreement, Section B. such, is subject to the PRC-wide entity United States (HTSUS). While the
Public Comment cash deposit rate with respect to entries HTSUS subheadings are provided for
of subject merchandise. Based on our convenience and customs purposes, the
Interested parties may submit analysis of the comments from the written description of the scope of the
comments on whether the Agreement is parties, we continue to find that Shanfu
in the public interest via Enforcement & 3 See Memorandum from Christian Marsh, Deputy
Compliance’s Antidumping and Assistant Secretary for Antidumping and
parties in the Central Records Unit, room 7046 of Countervailing Duty Operations, to Ronald K.
Countervailing Duty Centralized the main Department of Commerce building. Lorentzen, Acting Assistant Secretary for
tkelley on DSK3SPTVN1PROD with NOTICES
Electronic Service System (‘‘ACCESS’’) 1 See Antidumping Duty Order: Fresh Garlic from
Enforcement and Compliance, regarding ‘‘Decision
no later than 30 days after the date of the People’s Republic of China, 59 FR 59209 Memorandum for the Final Results of the
(November 16, 1994) (Order). Antidumping Duty Changed Circumstances Review
publication of this notice by 5 p.m. 2 See Fresh Garlic from the People’s Republic of of Fresh Garlic from the People’s Republic of China:
Eastern Daylight Time.2 Rebuttal China: Preliminary Results of the Changed Jining Yongjia Trade Co., Ltd. and Jinxiang County
Circumstances Review of Jining Yongjia Trade Co., Shanfu Frozen Co., Ltd.,’’ dated concurrently with
2 ACCESS is available to registered users at Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., and adopted by this notice (Issues and Decision
http://access.trade.gov, and is available to all 80 FR 37222 (June 30, 2015) (Preliminary Results). Memorandum).
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![57580 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
order is dispositive. A full description We are issuing and publishing these project plan, ‘‘Alternative Personnel
of the scope of the order is contained in final results in accordance with sections Management System (APMS) at the
the Issues and Decision Memorandum. 751(b)(1) and 777(i)(1) and (2) of the National Institute of Standards and
Act, and 19 CFR 351.216. Technology (NIST),’’ and published the
Analysis of Comments Received
Dated: September 14, 2015. plan in the Federal Register on October
All issues raised by the parties in the Ronald K. Lorentzen,
2, 1987 (52 FR 37082). The published
case briefs are addressed in the Issues demonstration project plan was
Acting Assistant Secretary for Enforcement
and Decision Memorandum. A list of modified twice, once to clarify certain
and Compliance.
the issues addressed in the Issues and NIST authorities (54 FR 21331, May 17,
Decision Memorandum is appended to Appendix—List of Topics Discussed in 1989) and once to revise the
this notice. the Preliminary Decision Memorandum performance appraisal system and the
I. Summary pay administration system in order to
Final Results of Changed
II. Background better link pay with performance (55 FR
Circumstances Review
III. Scope of the Order 39220, September 25, 1990). The APMS
Upon review of the comments IV. Discussion of the Issues in Successor-in- was made permanent in Section 10 of
received, the Department has Interest the National Technology Transfer and
determined that Shanfu II operates in 1. Changes in Ownership and Management Advancement Act of 1995, Public Law
most material respects as a different 2. Production Facilities and Equipment 104–113, 110 Stat. 775 (Mar. 7, 1996)
business entity than Shanfu I, as 3. Supplier Relationships (codified at 15 U.S.C. 275 note), and the
discussed in the Preliminary Results 4. Customer Base
5. Dissolution
project plan and subsequent
and the Issues and Decision 6. Change in Corporate Form amendments were consolidated in the
Memorandum. Furthermore, Shanfu I 7. Expansion of Business Scope final APMS plan, which was published
officially and effectively ceased to V. Summary of Findings in the Federal Register on October 21,
operate for two years, having dissolved VI. Recommendation 1997 (62 FR 54604). NIST published
and de-registered in 2012. Therefore, the [FR Doc. 2015–23646 Filed 9–23–15; 8:45 am] seven subsequent amendments to the
Department adopts the Preliminary BILLING CODE 3510–DS–P
final APMS plan: One on May 6, 2005
Results and finds that Shanfu II is not (70 FR 23996), which became effective
the successor-in-interest to Shanfu I. upon publication in the Federal
Instructions to U.S. Customs and DEPARTMENT OF COMMERCE Register; one on July 15, 2008 (73 FR
Border Protection 40500), which became effective on
National Institute of Standards and October 1, 2008; one on July 21, 2009
As a result of this determination, the Technology (74 FR 35841), which became effective
Department finds that Yongjia and upon publication in the Federal
[Docket Number: 150904821–5821–01]
Shanfu II are subject to the cash deposit Register; one on January 5, 2011 (76 FR
rate currently assigned to the PRC-wide Alternative Personnel Management 539), which became effective upon
entity with respect to the subject System at the National Institute of publication in the Federal Register; one
merchandise, i.e., $4.71 per kilogram.4 Standards and Technology on June 19, 2012 (77 FR 36485), which
Consequently, the Department will became effective upon publication in
instruct U.S. Customs and Border AGENCY: National Institute of Standards the Federal Register; one on August 13,
Protection to continue suspension of and Technology (NIST), Commerce. 2012 (77 FR 48128), which became
liquidation and to collect estimated ACTION: Notice. effective upon publication in the
antidumping duties for all shipments of Federal Register; and one on August 24,
subject merchandise produced by SUMMARY: This notice announces a 2012 (77 FR 51518), which became
Shanfu II and exported by Yongjia at the modification to existing provisions of effective upon publication in the
current cash deposit rate assigned to the the National Institute of Standards and Federal Register. NIST published a
PRC-wide entity of $4.71 per kilogram.5 Technology’s (NIST) Alternative correction to the final APMS plan on
This cash deposit requirement shall Personnel Management System (APMS), July 21, 2009 (74 FR 35843), which
remain in effect until further notice. changing the classification structure for became effective upon publication in
the Administrative (ZA) career path, Pay the Federal Register.
Notification to Parties Bands I through IV, based upon a The plan provides for modifications
This notice is the only reminder to classification review of the level of to be made as experience is gained,
parties subject to administrative difficulty and responsibility associated results are analyzed, and conclusions
protective order (APO) of their with each Pay Band. are reached on how the system is
responsibility concerning the DATES: This notice is effective on working. This notice modifies the
disposition of proprietary information September 24, 2015. classification structure for the
disclosed under APO in accordance FOR FURTHER INFORMATION CONTACT: For Administrative (ZA) career path, Pay
with 19 CFR 351.305(a)(3). Timely further information, please contact Janet Bands I through IV, based upon a
written notification of the return or Hoffman, by telephone at (301) 975– classification review of the level of
destruction of APO materials or 3185 or by email at janet.hoffman@ difficulty and responsibility associated
conversion to judicial protective order is nist.gov. with each Pay Band.
hereby requested. Failure to comply
SUPPLEMENTARY INFORMATION: Richard Cavanagh,
with the regulations and terms of an
tkelley on DSK3SPTVN1PROD with NOTICES
APO is a sanctionable violation. Background Acting Associate Director for Laboratory
Programs.
In accordance with Public Law 99–
4 See Fresh Garlic from the People’s Republic of 574, the National Bureau of Standards Table of Contents
China: Final Results and Partial Rescission of the
19th Antidumping Administrative Review, 80 FR Authorization Act for Fiscal Year 1987, I. Executive Summary
34141 (June 15, 2015). the Office of Personnel Management II. Basis for APMS Plan Modification
5 Id. (OPM) approved a demonstration III. Changes to the APMS Plan
VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1](https://thefederalregister.org/doc/80_FR_57764/page/2.svg)
Document Created: 2018-02-26 10:17:45
Document Modified: 2018-02-26 10:17:45
| 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 September 24, 2015. | |
| 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 57579 |
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