81 FR 33209 - Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Huameng Imp & Exp Co., Ltd.
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 101 (May 25, 2016)
International Trade Administration
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33209-33211 | |
| FR Document | 2016-12336 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Notices] [Pages 33209-33211] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12336] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Huameng Imp & Exp Co., Ltd. AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review of Jinxiang Huameng Imp & Exp Co., Ltd. (Huameng) regarding the antidumping duty order on fresh garlic from the People's Republic of China (the PRC). The period of review (POR) is November 1, 2014 through April 30, 2015. The Department has preliminarily determined that [[Page 33210]] Huameng's new shipper sale is not bona fide. Interested parties are invited to comment on these preliminary results. DATES: Effective May 25, 2016. FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482-3964. SUPPLEMENTARY INFORMATION: Background On July 21, 2015, the Department published notice of initiation of a new shipper review of fresh garlic from the People's Republic of China for the period November 1, 2014 through April 30, 2015.\1\ On January 7, 2016, the Department extended the deadline for the preliminary results to May 10, 2016.\2\ The Department tolled the deadline for these preliminary results by an additional four business days as a result of the Government closure due to Snowstorm ``Jonas,'' which extended the deadline to May 16, 2016.\3\ --------------------------------------------------------------------------- \1\ See Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 80 FR 43062 (July 21, 2015). \2\ See the Department Memorandum ``Fresh Garlic From the People's Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review,'' dated January 7, 2016. \3\ See the Department Memorandum ``Tolling of Administrative Deadlines as a Result of the Government Closure During Snowstorm `Jonas','' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is all grades of garlic, whether whole or separated into constituent cloves.\4\ The subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000, 0703.20.0005, 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, and 2005.99.9700. A full description of the scope of the order is contained in the Preliminary Decision Memorandum. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description is dispositive. --------------------------------------------------------------------------- \4\ See the Department Memorandum, ``Decision Memorandum for the Preliminary Results of the Antidumping Duty New Shipper Review of Fresh Garlic From the People's Republic of China: Jinxiang Huameng Imp & Exp Co., Ltd.'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum), for a complete description of the Scope of the Order. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Department's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of Huameng NSR For the reasons detailed in the Preliminary Decision Memorandum, the Department preliminarily finds that Huameng's sale under review is not bona fide, and therefore, does not provide a reasonable or reliable basis for calculating a dumping margin. The Department reached this conclusion based on the totality of the circumstances, including: (a) The atypical nature of product that was the subject of the sale, i.e. single-clove garlic; (b) the lack of proof of payment by Huameng's U.S. customer for payment of all its obligatory expenses per the sales contract and for its subsequent purchase of non-subject merchandise; and, (3) other circumstances indicating that Huameng's business operations were not profitable. As result, the Department is preliminarily rescinding the new shipper review of Huameng. Disclosure and Public Comment The Department will disclose the analysis performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.\5\ Rebuttals, limited to issues raised in the written comments, may be filed by no later than five days after the written comments are filed.\6\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.309(c). \6\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Any interested party may request a hearing within 30 days of publication of this notice.\7\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\8\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). \8\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- The Department intends to issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and the U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If we proceed to a final rescission of the new shipper review, Huameng's entries will be assessed at the rate entered.\9\ If we do not proceed to a final rescission of the new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.212(c). \10\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Although the Department intends to rescind the new shipper review for Huameng, the Department is currently conducting an administrative review for the POR November 1, 2014, through October 31, 2015, which could include the entries subject to this new shipper review. Accordingly, we will instruct CBP to continue to suspend entries during the period November 1, 2014, through October 31, 2015, of subject merchandise exported by Huameng until CBP receives instructions relating to the administrative review covering the period November 1, 2014, through October 31, 2015. [[Page 33211]] Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Huameng. If the Department proceeds to a final rescission of the new shipper review, the cash deposit rate will continue to be the PRC-wide rate. If we issue final results of the new shipper review for Huameng, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice also serves as a preliminary 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 this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214 and 351.221(b)(4). Dated: May 17, 2016. Paul Piquado, 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 Methodology V. Recommendation [FR Doc. 2016-12336 Filed 5-24-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Notices 33209
Scientific Community-Russia and DEPARTMENT OF COMMERCE U.S. Department of Commerce, Room
Emerging Technology issues at resent 21028, Washington, DC 20230.
events. International Trade Administration Information submitted by any person
3. Presentation from the Director of [Application No. 03–4A008] is exempt from disclosure under the
Innovation, Office of the Secretary. Freedom of Information Act (5 U.S.C.
Export Trade Certificate of Review 552). However, nonconfidential versions
4. Presentation—ETRAC member on of the comments will be made available
Category 1C toxins. ACTION:Notice of Application for an to the applicant if necessary for
5. Continuation: State of Emerging Amended Export Trade Certificate of determining whether or not to issue the
Technologies ETRAC Members. Report: Review by California Pistachio Export amended Certificate. Comments should
Emerging Technologies from the U.S. Council (‘‘CPEC’’), Application No. 03– refer to this application as ‘‘Export
Department of Defense Report: May 4A008. Trade Certificate of Review, application
2016 Association of University Export number 03–4A008.’’
Control Officials Annual. SUMMARY: The Secretary of Commerce,
through the International Trade Description of Amendments to the
6. Update on Export Control Reform. Administration, Office of Trade and Certificate
7. Comments from the Public. Economic Analysis (OTEA), has 1. Add the following companies as
received an application for an amended Members of the Certificate: ARO
Closed Session Export Trade Certificate of Review Pistachios, Inc., and Zymex Industries,
8. Discussion of matters determined to (‘‘Certificate’’) from CPEC. This notice Inc.
be exempt from the provisions relating summarizes the proposed amendment 2. Add the following activity to the
to public meetings found in 5 U.S.C. and seeks public comments on whether Certificate: permit the Members to
app. 2 §§ 10(a)(1) and l0(a)(3). the amended Certificate should be disclose weekly pistachios harvests that
issued. the Members receive during the harvest
The open sessions will be accessible
FOR FURTHER INFORMATION CONTACT: season.
via teleconference to 25 participants on
Joseph E. Flynn, Director, Office of CPEC’s Export Trade Certificate of
a first come, first serve basis. To join the
Trade and Economic Analysis, Review complete membership after this
conference, submit inquiries to Ms.
International Trade Administration, by amendment is listed below:
Yvette Springer at Yvette.Springer@ (a) ARO Pistachios, Inc.
bis.doc.gov no later than, June 2, 2016. telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@ (b) Keenan Farms, Inc.
A limited number of seats will be trade.gov. (c) Monarch Nut Company.
available for the public session. (d) Nichols Pistachio.
Reservations are not accepted. To the SUPPLEMENTARY INFORMATION: Title III of (e) Primex Farms, LLC.
extent that time permits, members of the the Export Trading Company Act of (f) Setton Pistachio of Terra Bella, Inc.
public may present oral statements to 1982 (15 U.S.C. Sections 4001–21) (g) Horizon Marketing Agency in
the Committee. The public may submit authorizes the Secretary of Commerce to Common Cooperative Inc.
written statements at any time before or issue Export Trade Certificates of (h) Zymex Industries, Inc.
after the meeting. However, to facilitate Review. The regulations implementing Dated: May 18, 2016.
the distribution of public presentation Title III are found at 15 CFR part 325 Joseph Flynn,
materials to the Committee members, (2016). OTEA is issuing this notice
Director, Office of Trade and Economic
the Committee suggests that presenters pursuant to 15 CFR 325.6(a), which Analysis, International Trade Administration,
forward the public presentation requires the Secretary of Commerce to (202) 482–5131, etca@trade.gov.
materials prior to the meeting to Ms. publish a notice in the Federal Register [FR Doc. 2016–12332 Filed 5–24–16; 8:45 am]
Springer via email. identifying the applicant and
BILLING CODE 3510–DR–P
summarizing the conduct for which
The Assistant Secretary for certification is sought. Under 15 CFR
Administration, with the concurrence of 325.6(a), interested parties may, within
the delegate of the General Counsel, DEPARTMENT OF COMMERCE
twenty days after the date of this notice,
formally determined on March 2, 2016, submit written comments to the
pursuant to Section l0(d) of the Federal International Trade Administration
Secretary on the application.
Advisory Committee Act, as amended, Request for Public Comments: [A–570–831]
that the portion of the meeting dealing Interested parties may submit written
with matters the of which would be Fresh Garlic From the People’s
comments relevant to the determination Republic of China: Preliminary Intent
likely to frustrate significantly whether an amended Certificate should
implementation of a proposed agency To Rescind the New Shipper Review of
be issued. If the comments include any Jinxiang Huameng Imp & Exp Co., Ltd.
action as described in 5 U.S.C. privileged or confidential business
552b(c)(9)(B) shall be exempt from the information, it must be clearly marked AGENCY: Enforcement and Compliance,
provisions relating to public meetings and a nonconfidential version of the International Trade Administration,
found in 5 U.S.C. app. 2 §§ 10(a)1 and comments (identified as such) should be Department of Commerce.
10(a) (3). The remaining portions of the included. Any comments not marked as SUMMARY: The Department of Commerce
meeting will be open to the public. privileged or confidential business (the Department) is conducting a new
For more information, call Yvette information will be deemed to be shipper review of Jinxiang Huameng
mstockstill on DSK3G9T082PROD with NOTICES
Springer at (202) 482–2813. nonconfidential. Imp & Exp Co., Ltd. (Huameng)
Dated: May 19, 2016. An original and five (5) copies, plus regarding the antidumping duty order
two (2) copies of the nonconfidential on fresh garlic from the People’s
Yvette Springer,
version, should be submitted no later Republic of China (the PRC). The period
Committee Liaison Officer. than 20 days after the date of this notice of review (POR) is November 1, 2014
[FR Doc. 2016–12301 Filed 5–24–16; 8:45 am] to: Export Trading Company Affairs, through April 30, 2015. The Department
BILLING CODE 3510–JT–P International Trade Administration, has preliminarily determined that
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Cash Deposit Requirements Award (Board of Overseers) and the Board members may be added in
Effective upon publication of the final Judges Panel of the Malcolm Baldrige advance of this meeting, where the
rescission or the final results of this National Quality Award (Judges Panel) Board will make an annual report on the
NSR, we will instruct CBP to will meet together in open session on results of Award activities to the
discontinue the option of posting a bond Thursday, June 9, 2016, from 8:30 a.m. Director of the National Institute of
or security in lieu of a cash deposit for to 3:00 p.m. Eastern time. The Board of Standards and Technology (NIST) and
entries of subject merchandise by Overseers, appointed by the Secretary of provide its recommendations for
Huameng. If the Department proceeds to Commerce, reports the results of the improvement of the Award process. The
a final rescission of the new shipper Malcolm Baldrige National Quality Judges Panel consists of twelve
review, the cash deposit rate will Award (Award) activities to the Director members with balanced representation
of the National Institute of Standards from U.S. service, manufacturing,
continue to be the PRC-wide rate. If we
and Technology (NIST) each year, along nonprofit, education, and health care
issue final results of the new shipper
with its recommendations for the industries. The Panel includes members
review for Huameng, we will instruct
improvement of the Award process. The who are familiar with the quality
CBP to collect cash deposits, effective
Judges Panel, also appointed by the improvement operations and
upon the publication of the final results,
Secretary of Commerce, ensures the competitiveness issues of manufacturing
at the rates established therein.
integrity of the Award selection process companies, service companies, small
Notification to Importers and recommends Award recipients to businesses, health care providers, and
This notice also serves as a the Secretary of Commerce. The purpose educational institutions. The Judges
preliminary reminder to importers of of this meeting is to discuss and review Panel recommends Malcolm Baldrige
their responsibility under 19 CFR information received from the National National Quality Award recipients to
351.402(f)(2) to file a certificate Institute of Standards and Technology the Secretary of Commerce.
and from the Chair of the Judges Panel. The purpose of this meeting is to
regarding the reimbursement of
The agenda will include: Baldrige discuss and review information received
antidumping duties prior to liquidation
Program Update, Baldrige Foundation from NIST and from the Chair of the
of the relevant entries during this
Fundraising Update, Baldrige Judges Judges Panel of the Malcolm Baldrige
review period. Failure to comply with
Panel Update, Ethics Review, National Quality Award. The agenda
this requirement could result in the
Applicants and Eligibility, and New will include: Baldrige Program Update,
Department’s presumption that
Business/Public Comment. Baldrige Foundation Fundraising
reimbursement of antidumping duties Update, Baldrige Judges Panel Update,
occurred and the subsequent assessment DATES: The meeting will be held on
Ethics Review, Applicants and
of double antidumping duties. Thursday, June 9, 2016 from 8:30 a.m. Eligibility, and New Business/Public
The Department is issuing and Eastern time until 3:00 p.m. Eastern Comment. The agenda may change to
publishing these results in accordance time. The meeting will be open to the accommodate the Judges Panel and
with sections 751(a)(2)(B) and 777(i)(1) public. Board of Overseers business. The final
of the Act and 19 CFR 351.214 and ADDRESSES: The meeting will be held at agenda will be posted on the NIST
351.221(b)(4). the National Institute of Standards and Baldrige Performance Excellence Web
Dated: May 17, 2016. Technology, Building 101, Lecture site at http://www.nist.gov/baldrige/
Paul Piquado, Room A, 100 Bureau Drive, community/overseers.cfm. The meeting
Assistant Secretary for Enforcement and Gaithersburg, Maryland 20899. Please is open to the public.
Compliance. note admittance instructions under the Individuals and representatives of
SUPPLEMENTARY INFORMATION section of organizations who would like to offer
Appendix—List of Topics Discussed in this notice. comments and suggestions related to the
the Preliminary Decision Memorandum Board’s affairs and/or the Panel of
FOR FURTHER INFORMATION CONTACT:
I. Summary Robert Fangmeyer, Director, Baldrige Judges’ general process are invited to
II. Background Performance Excellence Program, request a place on the agenda. On June
III. Scope of the Order National Institute of Standards and 9, 2016, approximately one-half hour
IV. Discussion of the Methodology Technology, 100 Bureau Drive, Mail will be reserved in the afternoon for
V. Recommendation public comments, and speaking times
Stop 1020, Gaithersburg, Maryland
[FR Doc. 2016–12336 Filed 5–24–16; 8:45 am] 20899–1020, telephone number (301) will be assigned on a first-come, first-
BILLING CODE 3510–DS–P 975–2360, or by email at served basis. The amount of time per
robert.fangmeyer@nist.gov. speaker will be determined by the
SUPPLEMENTARY INFORMATION:
number of requests received, but is
DEPARTMENT OF COMMERCE likely to be about 3 minutes each. The
Authority: 15 U.S.C. 3711a(d)(1), 15 U.S.C. exact time for public comments will be
National Institute of Standards and 3711a(d)(2)(B) and the Federal Advisory included in the final agenda that will be
Technology Committee Act, as amended, 5 U.S.C. App.
posted on the Baldrige Performance
Pursuant to the Federal Advisory Excellence Program Web site at http://
Board of Overseers of the Malcolm Committee Act, as amended, 5 U.S.C. www.nist.gov/baldrige/community/
Baldrige National Quality Award and App., notice is hereby given that the overseers.cfm. Questions from the
Judges Panel of the Malcolm Baldrige Board of Overseers and the Judges Panel public will not be considered during
National Quality Award will meet together in open session on this period. Speakers who wish to
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY: National Institute of Standards Thursday, June 9, 2016 from 8:30 a.m. expand upon their oral statements,
and Technology, Department of to 3:00 p.m. Eastern time. The Board of those who had wished to speak, but
Commerce. Overseers (Board) is currently composed could not be accommodated on the
ACTION: Notice of open meeting. of eight members preeminent in the agenda, and those who were unable to
field of organizational performance attend in person are invited to submit
SUMMARY: The Board of Overseers of the excellence and appointed by the written statements to the Baldrige
Malcolm Baldrige National Quality Secretary of Commerce. Additional Performance Excellence Program,
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Document Created: 2018-02-07 15:03:31
Document Modified: 2018-02-07 15:03:31
| 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 | |
| Dates | Effective May 25, 2016. | |
| Contact | Sean Carey, 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) 482-3964. | |
| FR Citation | 81 FR 33209 |
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