81 FR 39897 - Fresh Garlic From the People's Republic of China: Final Results and Final Rescission of the 20th Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 118 (June 20, 2016)
International Trade Administration
Federal Register Volume 81, Issue 118 (June 20, 2016)
| Page Range | 39897-39900 | |
| FR Document | 2016-14423 |
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)] [Notices] [Pages 39897-39900] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14423] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Final Results and Final Rescission of the 20th Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) published the Preliminary Results of the 20th administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) on December 7, 2015.\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for these final results regarding one of the mandatory respondents, Shenzhen Xinboda Industrial Co., Ltd. (Xinboda). We also continue to find that the other mandatory respondents, Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Qingdao Tiantaixing Foods Co., Ltd. (QTF), withheld requested information, significantly impeded this administrative review, and did not cooperate to the best of their abilities. Accordingly, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we continue to use adverse facts available (AFA) and find that neither Golden Bird nor QTF is eligible for separate rate status and thus, both companies are part of the PRC-wide entity. The final dumping margins are listed below in the ``Final Results of Administrative Review'' section of this notice. The period of review (POR) is November 1, 2013, through October 31, 2014. --------------------------------------------------------------------------- \1\ See Fresh Garlic From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, and Partial Rescission of the 20th Antidumping Duty Administrative Review; 2013- 2014, 80 FR 75972 (December 7, 2015) (Preliminary Results) and accompanying Issues and Decision Memorandum (PDM). --------------------------------------------------------------------------- DATES: Effective Date: June 20, 2016. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, or Thomas Gilgunn, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-5255 or 202-482-4236, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on December 7, 2015.\2\ As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results of this review was April 11, 2016.\3\ On April 4, 2016, the Department extended the deadline in this proceeding by 30 days to May 11, 2016.\4\ On May 4, 2016, the Department extended the deadline in this proceeding by another 30 days to June 10, 2016.\5\ --------------------------------------------------------------------------- \2\ See Preliminary Results. \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' (January 27, 2016). \4\ See Memorandum to Christian Marsh, ``Fresh Garlic from the People's Republic of China: Extension of Deadline for Final Results of the Antidumping Duty Administrative Review,'' (April 4, 2016). \5\ See Memorandum to Christian Marsh, ``Fresh Garlic from the People's Republic of China: Extension of Deadline for Final Results of the Antidumping Duty Administrative Review,'' (May 4, 2016). --------------------------------------------------------------------------- In accordance with 19 CFR 351.309, we invited parties to comment on our Preliminary Results. QTF, Petitioners and Xinboda all submitted timely-filed case briefs, pursuant to our regulations.\6\ Additionally, Petitioners and Xinboda submitted timely-filed rebuttal briefs.\7\ Finally, on March 3, 2016, the Department held a public hearing where counsel for QTF, Xinboda and Petitioners presented arguments in their case and rebuttal briefs. --------------------------------------------------------------------------- \6\ See Case Brief filed by Qingdao Tiantaixing Foods Co., Ltd. (QTF Case Brief) (January 11, 2016); Petitioners' Case Brief (January 15, 2016); Letter from Shenzhen Xinboda Industrial Co., Ltd. (``Xinboda'') ``Fresh Garlic from the People's Republic of China--Case Brief,'' (January 19, 2016) (Xinboda's Case Brief). \7\ See Letter from Shenzhen Xinboda Industrial Co., Ltd. (``Xinboda'') ``Fresh Garlic from the People's Republic of China-- Xinboda Rebuttal Brief,'' (February 2, 2016) (Xinboda's Rebuttal Brief); see also Petitioners' Rebuttal Brief (February 2, 2016). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order includes all grades of garlic, whole or separated into constituent cloves. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 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, 2005.99.9700. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope of this order, please see ``Scope of the Order'' in the accompanying Issues and Decision Memorandum.\8\ --------------------------------------------------------------------------- \8\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Fresh Garlic from the People's Republic of China; 2013-2014,'' dated concurrently with this notice (I&D Memo). --------------------------------------------------------------------------- Partial Rescission of Administrative Review In the Preliminary Results, we stated our intention to preliminarily rescind this administrative review with respect to Jinxiang Kaihua Imp & Exp Co. Ltd. (Kaihua), because we found its POR sales to not be bona fide in the concurrent new shipper review.\9\ We received no comments on our intent to rescind the review of Kaihua for the [[Page 39898]] Final Results. Therefore, we are rescinding this administrative review with respect to Kaihua. --------------------------------------------------------------------------- \9\ See Fresh Garlic From the People's Republic of China: Final Rescission of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Kaihua Imp & Exp Co., Ltd., 80 FR 60881 (October 8, 2015). --------------------------------------------------------------------------- Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs by parties in this review in the I&D Memo. Appendix I provides a list of the issues which parties raised. The I&D Memo is a public document and is on file in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building, as well as 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 CRU. In addition, a complete version of the I&D Memo can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the I&D Memo, we revised the margin calculation for Xinboda. Accordingly, for the Final Results, the Department has also updated the margin to be assigned to companies eligible for a separate rate but not selected for individual examination; this margin is the same as Xinboda's margin. The Calculation Memo for Xinboda's Final Results and the Surrogate Values Memo contain further explanation of our changes to Xinboda's factors of production.\10\ For a list of all issues addressed in these Final Results, please refer to Appendix I accompanying this notice. --------------------------------------------------------------------------- \10\ See Memorandum to the File, through Thomas Gilgunn Program Manager, Office VII, Enforcement and Compliance, from Jacqueline Arrowsmith, International Trade Analyst, Office VII, Enforcement and Compliance, regarding 20th Antidumping Administrative Review of Fresh Garlic from the People's Republic of China: Calculation Memorandum for the Final Results of Shenzhen Xinboda Industrial Co., Ltd., dated concurrently with and hereby adopted by this notice (``Calculation Memo for Xinboda's Final Results'') and Memorandum to the File, through Thomas Gilgunn Program Manager, Office VII, Enforcement and Compliance, from Jacqueline Arrowsmith, International Trade Analyst, Office VII, Enforcement and Compliance, regarding 20th Antidumping Administrative Review of Fresh Garlic from the People's Republic of China: Surrogate Values for the Final Results, dated concurrently with and hereby adopted by this notice (``Surrogate Values Memo''). --------------------------------------------------------------------------- Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that the companies listed in Appendix III timely filed ``no shipment'' certifications and did not have any reviewable transactions during the POR. Consistent with the Department's assessment practice in non-market economy (NME) cases, we completed the review with respect to the companies listed in Appendix III. Based on the certifications submitted by the aforementioned companies, and the fact that CBP provided no evidence to contradict the claims by the aforementioned companies of no shipments, we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the ``Assessment Rates'' section below, the Department intends to issue appropriate instructions to CBP for the companies listed below based on the final results of this review. PRC-Wide Entity As discussed in the Preliminary Results, the Department preliminarily determined 38 companies to be part of the PRC-wide entity.\11\ In addition to the two mandatory respondents which failed to cooperate to the best of their ability to comply with the Department's requests for information, there were 36 companies for which a review was requested, and not withdrawn, which did not file a separate rate application or certification, and did not file a no shipments certification. Accordingly, the Department determined that these companies are part of the PRC-wide entity. --------------------------------------------------------------------------- \11\ Id., at 72626. --------------------------------------------------------------------------- As discussed in detail in the I&D Memo, the Department continues to find Golden Bird and QTF to be part of the PRC-wide entity. QTF commented on our preliminary decision that it is part of the PRC-wide entity, and we have addressed QTF's comments in the I&D Memo. Thus, for these final results, the Department continues to find all 38 companies to be part of the PRC-wide entity. A full list of companies determined to be part of the PRC-wide entity can be found in Appendix II. Separate Rates In the Preliminary Results, the Department found that non-selected companies Jinan Farmlady Trading Co., Ltd., Jining Maycarrier Import & Export Co, Ltd., Jining Shunchang Import & Export Co., Ltd., Jinxiang Feiteng Import & Export Co., Ltd., Jinxiang Guiha Food Co., Ltd., Jinxiang Hejia Co., Ltd., Jining Yongjia Trade Co., Ltd., Shenzhen Yuting Foodstuff Co., Ltd., Jining Shengtai Vegetables & Fruits Co., Ltd., Shenzhen Bainong Co., Ltd., Weifang Hongqiao International Logistics Co., Ltd., and Yantai Jinyan Trading Inc. demonstrated their eligibility for a separate rate.\12\ No party has placed any evidence on the record of this review to contradict that finding. Therefore, we continue to find that these companies are eligible for a separate rate. --------------------------------------------------------------------------- \12\ See Preliminary Results. --------------------------------------------------------------------------- The separate rate for non-selected companies is normally the amount equal to the weighted average of the calculated weighted-average dumping margins established for mandatory respondents, excluding any zero and de minimis margins, and any margins determined entirely on adverse facts available.\13\ Here, the only individually-examined respondent for which the Department has determined a weighted-average margin is Xinboda. As that margin is not zero, de minimis, or based entirely on facts available, the Department determines that Xinboda's rate will be assigned to the non-selected separate rate recipients. --------------------------------------------------------------------------- \13\ Neither the Act nor the Department's regulations address the establishment of the rate applied to individual companies not selected for examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department's practice in cases involving limited selection based on exporters accounting for the largest volumes of exports has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all- others rate in an investigation. --------------------------------------------------------------------------- Final Results of Administrative Review The weighted-average dumping margins for the administrative review are as follows: ------------------------------------------------------------------------ Weighted- average margin Exporter (dollars per kilogram) ------------------------------------------------------------------------ Shenzhen Xinboda Industrial Co., Ltd........................ 2.75 Jinan Farmlady Trading Co., Ltd............................. 2.75 Jining Maycarrier Import & Export Co., Ltd.................. 2.75 Jining Shunchang Import & Export Co., Ltd................... 2.75 Jinxiang Feiteng Import & Export Co., Ltd................... 2.75 Jinxiang Guihua Food Co., Ltd............................... 2.75 Jinxiang Hejia Co., Ltd..................................... 2.75 Jining Yongjia Trade Co., Ltd............................... 2.75 Shenzhen Yuting Foodstuff Co., Ltd.......................... 2.75 Jining Shengtai Vegetables & Fruits Co., Ltd................ 2.75 Shenzhen Bainong Co., Ltd................................... 2.75 Weifang Hongqiao International Logistics Co., Ltd........... 2.75 Yantai Jinyan Trading Inc................................... 2.75 [[Page 39899]] PRC-Wide Rate............................................... 4.71 ------------------------------------------------------------------------ In addition, the Department continues to find that the companies identified in Appendix II are part of the PRC-wide entity. Assessment Rates Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. Where the respondent reported reliable entered values, we calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).\14\ Where the Department calculated a weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.\15\ Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\16\ Where an importer- (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\17\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. --------------------------------------------------------------------------- \14\ See 19 CFR 351.212(b)(1). \15\ Id. \16\ Id. \17\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Pursuant to the Department's assessment practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide entity rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide entity rate.\18\ --------------------------------------------------------------------------- \18\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporter listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of $4.71 per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. The deposit requirements shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: June 10, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Whether the Department's Selection of Romania as the Surrogate Country Was Appropriate Comment 2: The Department's Rejection of Mexico as a Surrogate Country Violated the Department's New Factual Information Regulations and Was Not in Accordance With Law Comment 3: Whether QTF Cooperated to the Best of Its Ability in This Review Comment 4: Accounting for Storage and Transportation Factors for Input Garlic Bulbs Consumed by Excelink Comment 5: The Department Should Adjust the Weight Denominator for Brokerage and Handling and Trucking and Remove Letter of Credit Expense Comment 6: Modifying Preliminary Analysis To Account for Water Consumed in Producing Fresh Peeled-Clove Garlic V. Conclusion Appendix II--List of Companies Under Review Subject to the PRC-Wide Rate 1. Anqiu Friend Food Co., Ltd. 2. Dalian New Century Food Co., Ltd. 3. Foshan Fuyi Food Co, Ltd. 4. Goodwave Technology Development Ltd. 5. Guangxi Lin Si Fu Bang Trade Co., Ltd. 6. Hebei Golden Bird Trading Co., Ltd. 7. Hejiahuan (Zhongshan) Electrical AP 8. Henan Weite Industrial Co., Ltd. 9. Heze Ever-Best International Trade Co., Ltd. (f/k/a Shandong Heze International Trade and Developing Company) 10. Jining Trans-High Trading Co., Ltd. 11. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang Eastward Shipping Import and Export Limited Company) [[Page 39900]] 12. Jinxiang Dongyun Import & Export Co., Ltd. 13. Jinxiang Grand Agricultural Co., Ltd. 14. Jinxiang Infarm Fruits & Vegetables Co., Ltd. 15. Jinxiang Meihua Garlic Produce Co., Ltd. 16. Jinxiang Shanyang Freezing Storage Co., Ltd. 17. Jinxiang Tianma Freezing Storage Co., Ltd. 18. Jinxiang Xian Baishite Trade Co., Ltd. (a/k/a Jinxiang Best Trade Co., Ltd.) 19. Juye Homestead Fruits and Vegetables Co., Ltd. 20. Laiwu Jiahe Fruit and Vegatable Co., Ltd. 21. Qingdao Everfresh Trading Co., Ltd. 22. Qingdao Tiantaixing Foods Co., Ltd. 23. Shandong Longtai Fruits and Vegetables Co., Ltd. 24. Shanghai Ever Rich Trade Company 25. Shanghai LJ International Trading Co., Ltd. 26. Shenzhen Xunong Trade Co., Ltd. 27. Sunny Import & Export Limited 28. Tangerine International Trading Co. 29. Weifang Chenglong Import & Export Co., Ltd. 30. Weifang He Lu Food Import & Export Co., Ltd. 31. Weifang Naike Foodstuffs Co., Ltd. 32. Weifang Shennong Foodstuff Co., Ltd. 33. XuZhou Heiners Agricultural Co., Ltd. 34. Zhengzhou Dadi Garlic Industry Co., Ltd. 35. Zhengzhou Huachao Industrial Co., Ltd. 36. Zhengzhou Xuri Import & Export Co., Ltd. 37. Zhengzhou Yuanli Trading Co., Ltd. 38. Zhong Lian Farming Product (Qingdao) Co., Ltd. Appendix III--Companies That Have Certified No Shipments 1. Jining Yifa Garlic Produce Co., Ltd. 2. Jinxiang Richfar Fruits & Vegetables Co., Ltd. 3. Jinxiang Yuanxin Import & Export Co., Ltd. 4. Landling Qingshui Vegetable Foods Co., Ltd. 5. Qingdao Lianghe International Trade Co., Ltd. 6. Qingdao Sea-line International Trading Co. 7. Qingdao Xiangtiangfeng Foods Co., Ltd. 8. Shandong Chenhe International Tradeing Co., Ltd. 9. Shandong Jinxiang Zhengyang Import & Export Co., Ltd. 10. Shijazhuang Goodman Trading Co., Ltd. [FR Doc. 2016-14423 Filed 6-17-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices 39897
(including operations and maintenance), Bird Trading Co., Ltd. (Golden Bird) and In accordance with 19 CFR 351.309,
overhead, and charges for the use of Qingdao Tiantaixing Foods Co., Ltd. we invited parties to comment on our
capital facilities. NTTO also took into (QTF), withheld requested information, Preliminary Results. QTF, Petitioners
account additional factors when pricing significantly impeded this and Xinboda all submitted timely-filed
goods and services, including adequacy administrative review, and did not case briefs, pursuant to our regulations.6
of cost recovery, affordability, available cooperate to the best of their abilities. Additionally, Petitioners and Xinboda
efficiencies, inflation, pricing history, Accordingly, pursuant to sections 776(a) submitted timely-filed rebuttal briefs.7
fee elasticity considerations (including and (b) of the Tariff Act of 1930, as Finally, on March 3, 2016, the
client ability to pay for NTTO data), and amended (the Act), we continue to use Department held a public hearing where
service delivery alternatives. adverse facts available (AFA) and find counsel for QTF, Xinboda and
that neither Golden Bird nor QTF is Petitioners presented arguments in their
Conclusion
eligible for separate rate status and thus, case and rebuttal briefs.
Based on the information provided both companies are part of the PRC-
above, the NTTO believes its revised Scope of the Order
wide entity. The final dumping margins
fees are consistent with the objective of are listed below in the ‘‘Final Results of The merchandise covered by the order
OMB Circular A–25 to ‘‘promote Administrative Review’’ section of this includes all grades of garlic, whole or
efficient allocation of the nation’s notice. The period of review (POR) is separated into constituent cloves. Fresh
resources by establishing charges for November 1, 2013, through October 31, garlic that are subject to the order are
special benefits provided to the 2014. currently classified under the
recipient that are at least as great as the Harmonized Tariff Schedule of the
DATES: Effective Date: June 20, 2016.
cost to the U.S. Government of United States (HTSUS) 0703.20.0000,
providing the special benefits . . .’’ FOR FURTHER INFORMATION CONTACT: 0703.20.0005, 0703.20.0010,
OMB Circular A–25(5)(b). Jacqueline Arrowsmith, AD/CVD 0703.20.0015, 0703.20.0020,
Dated: June 15, 2016.
Operations, or Thomas Gilgunn, Office 0703.20.0090, 0710.80.7060,
VII, Enforcement and Compliance, 0710.80.9750, 0711.90.6000,
Julie P. Heizer,
International Trade Administration, 0711.90.6500, 2005.90.9500,
Deputy Director, National Travel & Tourism
U.S. Department of Commerce, 14th 2005.90.9700, 2005.99.9700. Although
Office, U.S. Department of Commerce.
Street and Constitution Avenue NW., the HTSUS numbers are provided for
[FR Doc. 2016–14527 Filed 6–17–16; 8:45 am]
Washington, DC 20230; telephone 202– convenience and customs purposes, the
BILLING CODE 3510–DR–P
482–5255 or 202–482–4236, written product description remains
respectively. dispositive. For a full description of the
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: scope of this order, please see ‘‘Scope of
the Order’’ in the accompanying Issues
International Trade Administration Background and Decision Memorandum.8
[A–570–831] The Department published the Partial Rescission of Administrative
Preliminary Results on December 7, Review
Fresh Garlic From the People’s 2015.2 As explained in the
In the Preliminary Results, we stated
Republic of China: Final Results and memorandum from the Acting Assistant
our intention to preliminarily rescind
Final Rescission of the 20th Secretary for Enforcement and
this administrative review with respect
Antidumping Duty Administrative Compliance, the Department has
to Jinxiang Kaihua Imp & Exp Co. Ltd.
Review; 2013–2014 exercised its discretion to toll all
(Kaihua), because we found its POR
administrative deadlines due to the sales to not be bona fide in the
AGENCY: Enforcement and Compliance, recent closure of the Federal
International Trade Administration, concurrent new shipper review.9 We
Government. All deadlines in this received no comments on our intent to
Department of Commerce. segment of the proceeding have been
SUMMARY: The Department of Commerce rescind the review of Kaihua for the
extended by four business days. The
(the Department) published the revised deadline for the final results of 6 See Case Brief filed by Qingdao Tiantaixing
Preliminary Results of the 20th this review was April 11, 2016.3 On Foods Co., Ltd. (QTF Case Brief) (January 11, 2016);
administrative review of the April 4, 2016, the Department extended Petitioners’ Case Brief (January 15, 2016); Letter
antidumping duty order on fresh garlic the deadline in this proceeding by 30 from Shenzhen Xinboda Industrial Co., Ltd.
from the People’s Republic of China days to May 11, 2016.4 On May 4, 2016,
(‘‘Xinboda’’) ‘‘Fresh Garlic from the People’s
(PRC) on December 7, 2015.1 We gave Republic of China—Case Brief,’’ (January 19, 2016)
the Department extended the deadline (Xinboda’s Case Brief).
interested parties an opportunity to in this proceeding by another 30 days to 7 See Letter from Shenzhen Xinboda Industrial
comment on the Preliminary Results. June 10, 2016.5 Co., Ltd. (‘‘Xinboda’’) ‘‘Fresh Garlic from the
Based upon our analysis of the People’s Republic of China—Xinboda Rebuttal
comments and information received, we Brief,’’ (February 2, 2016) (Xinboda’s Rebuttal
2 See Preliminary Results. Brief); see also Petitioners’ Rebuttal Brief (February
made changes to the margin calculation 3 See Memorandum to the Record from Ron 2, 2016).
for these final results regarding one of Lorentzen, Acting A/S for Enforcement & 8 See Memorandum to Paul Piquado, Assistant
the mandatory respondents, Shenzhen Compliance, regarding ‘‘Tolling of Administrative Secretary for Enforcement and Compliance, from
Xinboda Industrial Co., Ltd. (Xinboda). Deadlines As a Result of the Government Closure Christian Marsh, Deputy Assistant Secretary for
During Snowstorm Jonas,’’ (January 27, 2016). Antidumping and Countervailing Duty Operations,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
We also continue to find that the other 4 See Memorandum to Christian Marsh, ‘‘Fresh ‘‘Issues and Decision Memorandum for the Final
mandatory respondents, Hebei Golden Garlic from the People’s Republic of China: Results of Antidumping Duty Administrative
Extension of Deadline for Final Results of the Review: Fresh Garlic from the People’s Republic of
1 See Fresh Garlic From the People’s Republic of Antidumping Duty Administrative Review,’’ (April China; 2013–2014,’’ dated concurrently with this
China: Preliminary Results, Preliminary Intent To 4, 2016). notice (I&D Memo).
Rescind, and Partial Rescission of the 20th 5 See Memorandum to Christian Marsh, ‘‘Fresh 9 See Fresh Garlic From the People’s Republic of
Antidumping Duty Administrative Review; 2013– Garlic from the People’s Republic of China: China: Final Rescission of the Semiannual
2014, 80 FR 75972 (December 7, 2015) (Preliminary Extension of Deadline for Final Results of the Antidumping Duty New Shipper Review of Jinxiang
Results) and accompanying Issues and Decision Antidumping Duty Administrative Review,’’ (May Kaihua Imp & Exp Co., Ltd., 80 FR 60881 (October
Memorandum (PDM). 4, 2016). 8, 2015).
VerDate Sep<11>2014 17:05 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1](https://thefederalregister.org/doc/81_FR_40015/page/1.svg)
![39900 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices
12. Jinxiang Dongyun Import & Export Co., DEPARTMENT OF COMMERCE 1930, as amended (Act), Petitioners 4
Ltd. requested alignment of the final CVD
13. Jinxiang Grand Agricultural Co., Ltd. International Trade Administration determination of off road tires from Sri
14. Jinxiang Infarm Fruits & Vegetables Co., Lanka with the final AD determination
Ltd. [C–542–801]
of off road tires from India. Therefore,
15. Jinxiang Meihua Garlic Produce Co., Ltd. in accordance with section 705(a)(1) of
Certain New Pneumatic Off-the-Road
16. Jinxiang Shanyang Freezing Storage Co., the Act and 19 CFR 351.210(b)(4), we
Tires From Sri Lanka: Preliminary
Ltd. are aligning the final CVD determination
17. Jinxiang Tianma Freezing Storage Co.,
Affirmative Countervailing Duty
Determination, Preliminary Affirmative with the India final AD determination.
Ltd. Consequently, the final CVD
18. Jinxiang Xian Baishite Trade Co., Ltd.
Critical Circumstances Determination,
and Alignment of Final Determination determination will be issued on the
(a/k/a Jinxiang Best Trade Co., Ltd.) same date as the India final AD
19. Juye Homestead Fruits and Vegetables With Final Antidumping Determination
determination, which is currently
Co., Ltd. AGENCY: Enforcement and Compliance, scheduled to be issued no later than
20. Laiwu Jiahe Fruit and Vegatable Co., Ltd. International Trade Administration, October 25, 2016, unless postponed.
21. Qingdao Everfresh Trading Co., Ltd. Department of Commerce.
22. Qingdao Tiantaixing Foods Co., Ltd. Scope of the Investigation
SUMMARY: The Department of Commerce
23. Shandong Longtai Fruits and Vegetables The scope of the investigation covers
Co., Ltd.
(the Department) preliminarily
determines that countervailable off road tires, which are tires with an off
24. Shanghai Ever Rich Trade Company road tire size designation. For a
25. Shanghai LJ International Trading Co.,
subsidies are being provided to
producers and exporters of certain new complete description of the scope of the
Ltd.
pneumatic off-the-road tires (off road investigation, see Appendix I.
26. Shenzhen Xunong Trade Co., Ltd.
27. Sunny Import & Export Limited tires) from Sri Lanka and that critical Scope Comments
28. Tangerine International Trading Co. circumstances exist. The period of
investigation is January 1, 2015, through Certain interested parties commented
29. Weifang Chenglong Import & Export Co., on the scope of the investigation as it
Ltd. December 31, 2015. Interested parties
are invited to comment on this appeared in the Initiation Notice. For
30. Weifang He Lu Food Import & Export Co.,
preliminary determination. discussion of those comments, see the
Ltd.
Preliminary Decision Memorandum.5
31. Weifang Naike Foodstuffs Co., Ltd. DATES: Effective Date: June 20, 2016.
32. Weifang Shennong Foodstuff Co., Ltd. FOR FURTHER INFORMATION CONTACT: Methodology
33. XuZhou Heiners Agricultural Co., Ltd. Elizabeth Eastwood, AD/CVD The Department is conducting this
34. Zhengzhou Dadi Garlic Industry Co., Ltd. Operations, Enforcement and CVD investigation in accordance with
35. Zhengzhou Huachao Industrial Co., Ltd. Compliance, International Trade section 701 of the Act. For each of the
36. Zhengzhou Xuri Import & Export Co., Ltd. Administration, U.S. Department of subsidy programs found
37. Zhengzhou Yuanli Trading Co., Ltd. Commerce, 14th Street and Constitution countervailable, we preliminarily
38. Zhong Lian Farming Product (Qingdao) Avenue NW., Washington, DC 20230; determine that there is a subsidy (i.e., a
Co., Ltd. telephone: (202) 482–3874. financial contribution by an ‘‘authority’’
Appendix III—Companies That Have Alignment of Final Countervailing Duty that gives rise to a benefit to the
Certified No Shipments (CVD) Determination With Final recipient) and that the subsidy is
Antidumping Duty (AD) Determination specific.6 For a full description of the
1. Jining Yifa Garlic Produce Co., Ltd.
methodology underlying our
2. Jinxiang Richfar Fruits & Vegetables Co., On February 3, 2016, the Department preliminary conclusions, see the
Ltd. initiated this CVD investigation of off Preliminary Decision Memorandum.
3. Jinxiang Yuanxin Import & Export Co., Ltd. road tires from Sri Lanka.1 On the same The Preliminary Decision
4. Landling Qingshui Vegetable Foods Co., day, the Department also initiated Memorandum is a public document and
Ltd. antidumping duty (AD) and CVD
5. Qingdao Lianghe International Trade Co.,
is on file electronically via Enforcement
investigations of off road tires from and Compliance’s Antidumping and
Ltd. India.2 3 This CVD investigation and the
6. Qingdao Sea-line International Trading Co.
Countervailing Duty Centralized
India AD investigation cover the same Electronic Service System (ACCESS).
7. Qingdao Xiangtiangfeng Foods Co., Ltd. class or kind of merchandise.
8. Shandong Chenhe International Tradeing ACCESS is available to registered users
On May 11, 2016, in accordance with at http://access.trade.gov, and is
Co., Ltd. section 705(a)(1) of the Tariff Act of
9. Shandong Jinxiang Zhengyang Import & 4 Petitioners in this investigation are Titan Tire
Export Co., Ltd. 1 See Certain New Pneumatic Off-the-Road Tires Corporation and the United Steel, Paper and
10. Shijazhuang Goodman Trading Co., Ltd. From India, the People’s Republic of China, and Sri Forestry, Rubber, Manufacturing, Energy, Allied
[FR Doc. 2016–14423 Filed 6–17–16; 8:45 am] Lanka: Initiation of Countervailing Duty Industrial and Service Workers International Union,
Investigations, 81 FR 7067 (February 10, 2016) AFL–CIO, CLC.
BILLING CODE 3510–DS–P (Initiation Notice). 5 See Memorandum from Christian Marsh, Deputy
2 See Certain New Pneumatic Off-the-Road Tires Assistant Secretary for Antidumping and
From India and the People’s Republic of China: Countervailing Duty Operations, to Paul Piquado,
Initiation of Less Than-Fair-Value Investigations, 81 Assistant Secretary for Enforcement and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FR 7073 (February 10, 2016). Compliance, regarding ‘‘Decision Memorandum for
3 At this time, the Department also initiated AD the Affirmative Preliminary Determination in the
and CVD investigations of off road tires from the Countervailing Duty Investigation of Certain New
People’s Republic of China (PRC). However, on Pneumatic Off-The-Road Tires from Sri Lanka,’’
March 1, 2016, the U.S. International Trade dated concurrently with this notice (Preliminary
Commission (ITC) found that imports of off road Decision Memorandum).
tires from the PRC were negligible and terminated 6 See sections 771(5)(B) and (D) of the Act
the PRC AD and CVD investigations. See Certain regarding financial contribution; section 771(5)(E)
New Pneumatic Off-the-Road-Tires From China, of the Act regarding benefit; and section 771(5A) of
India, and Sri Lanka, 81 FR 10663 (March 1, 2016). the Act regarding specificity.
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Document Created: 2016-06-18 00:09:04
Document Modified: 2016-06-18 00:09:04
| 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 | Jacqueline Arrowsmith, AD/CVD Operations, or Thomas Gilgunn, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-5255 or 202-482-4236, respectively. | |
| FR Citation | 81 FR 39897 |
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