82 FR 31756 - Fresh Garlic From the People's Republic of China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 130 (July 10, 2017)
International Trade Administration
Federal Register Volume 82, Issue 130 (July 10, 2017)
| Page Range | 31756-31757 | |
| FR Document | 2017-14383 |
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)] [Notices] [Pages 31756-31757] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14383] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On May 19, 2017, the Department received a timely request for a semiannual new shipper review (NSR) from Qingdao Doo Won Foods Co., Ltd. (Doo Won). 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, 2016, through April 30, 2017. DATES: Effective July 10, 2017. FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, 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- 4956. SUPPLEMENTARY INFORMATION: Background The Department published the antidumping duty order on fresh garlic from the PRC in the Federal Register on November 16, 1994.\1\ On May 19, 2017, the Department received a timely request for a NSR from Doo Won.\2\ Doo Won 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), Doo Won certified that it did not export fresh garlic for sale to the United States during the period of investigation (POI).\3\ Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Doo Won 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.\4\ 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.\5\ Doo Won also certified it had no subsequent shipments of subject merchandise.\6\ --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Fresh Garlic from the People's Republic of China, 59 FR 59209 (November 16, 1994). \2\ See Doo Won's Letter, ``Fresh garlic from the People's Republic of China: Request for New-Shipper Review,'' (November 30, 2016). \3\ Id. at Attachment 1. \4\ Id. \5\ Id. \6\ Id. at 2. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Doo Won 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; and (3) the volume of that shipment.\7\ --------------------------------------------------------------------------- \7\ Id. at Attachment 2. --------------------------------------------------------------------------- The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Doo Won had entered the United States for [[Page 31757]] consumption and that liquidation had been properly suspended for antidumping duties. The information which the Department examined was consistent with that provided by Doo Won in its request.\8\ In particular, the CBP data confirmed the price and quantity reported by Doo Won for the sale that forms the basis for this NSR request. --------------------------------------------------------------------------- \8\ See Memorandum, ``New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People's Republic of China: U.S. Customs and Border Protection Entry Data,'' dated June 21, 2017. --------------------------------------------------------------------------- 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 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. Doo Won made the request for a NSR, which included all documents and information required by the statute and regulations, within one year of the date on which its fresh garlic first entered. Its request was filed in May, which is the semiannual anniversary month of the order. Therefore, the POR is November 1, 2016, through April 30, 2017.\9\ --------------------------------------------------------------------------- \9\ 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 Doo Won's request meets the threshold requirements for initiation of a NSR and, therefore, is initiating a NSR of Doo Won. 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.\10\ --------------------------------------------------------------------------- \10\ 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.\11\ Accordingly, the Department will issue questionnaires to Doo Won, which will include a section requesting information with regard to its export activities for the purpose of establishing its eligibility for a separate rate. The review will proceed if the responses provide sufficient indication that Doo Won is not subject to either de jure or de facto government control with respect to its exports of fresh garlic. --------------------------------------------------------------------------- \11\ See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-1.pdf). --------------------------------------------------------------------------- On February 24, 2016, the President signed into law the ``Trade Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this new shipper review in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.\12\ --------------------------------------------------------------------------- \12\ The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct Customs and Border Protection to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a new shipper review. --------------------------------------------------------------------------- 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 3, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-14383 Filed 7-7-17; 8:45 am] BILLING CODE 3510-DS-P
![31756 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
their Certified Trade Mission fee if they FY2015 ITA budget data, fringe benefits of review (POR) is November 1, 2016,
participate in the mission. and non-labor related costs (e.g., through April 30, 2017.
• Featured U.S. Exporter: Listings are materials, supplies, rent, utilities, and DATES: Effective July 10, 2017.
typically provided for up to 5 markets. equipment) were prorated to determine FOR FURTHER INFORMATION CONTACT:
However, they an additional individual the burdening rate that was to be added Alexander Cipolla, AD/CVD Operations,
market can be provided for $30 for small to the hourly rate. This resulted in an Office VII, Enforcement and
businesses, $50 for medium-sized hourly rate that accounts for all Compliance, International Trade
enterprises and $70 for large companies. applicable labor and non-labor costs Administration, U.S. Department of
The annual renewal fee is $75 for small specifically related to the delivery of Commerce, 14th Street and Constitution
businesses, $175 for medium-sized services, which is consistent with Avenue NW., Washington, DC 20230;
enterprises and $250 for large federal accounting standards. telephone: (202) 482–4956.
companies.
Conclusion SUPPLEMENTARY INFORMATION:
• Initial Market Check: Is a required
precursor for more time intensive Based on the information provided Background
services if staff is uncertain about a above, ITA believes its fee schedules are The Department published the
client’s market potential. Fees paid for consistent with both the mission to antidumping duty order on fresh garlic
the Initial Market Check will then be promote ‘‘exports of goods and services from the PRC in the Federal Register on
applied to any follow-on service if the from the United States, particularly by November 16, 1994.1 On May 19, 2017,
results are positive. The fee is assessed small businesses and medium-sized the Department received a timely
on a per country basis. businesses,’’ and the objective of OMB request for a NSR from Doo Won.2 Doo
• International Company Profile— Circular A–25 to ‘‘promote efficient Won certified that it is the exporter and
Partial: Does not include a site visit. allocation of the nation’s resources by producer of the fresh garlic upon which
• Webinars will be archived and establishing charges for special benefits the request for a NSR is based. Pursuant
made available to the general public, so provided to the recipient that are at least to section 751(a)(2)(B)(i)(I) of the Act
the requirement to recover ITA’s costs as great as the cost to the U.S. and 19 CFR 351.214(b)(2)(i), Doo Won
does not apply; however, a minimal fee Government of providing the special certified that it did not export fresh
is required to help ensure the suitability benefits.’’ Public comments were garlic for sale to the United States
of participants and cover the cost of any reviewed, and addressed through during the period of investigation
special benefit that may derive from amendments to the original proposal (POI).3 Moreover, pursuant to section
attending in real-time, such as question and are reflected in the current fee 751(a)(2)(B)(i)(II) of the Act and 19 CFR
and answer opportunities. Uniform schedule. ITA will reassess the fee 351.214(b)(2)(iii)(A), Doo Won certified
pricing is listed because the schedule after the first year of that, since the investigation was
enforcement of pricing by size standards implementation and, in accordance with initiated, it never has been affiliated
for each registrant creates an OMB Circular A–25, at least every two with any exporter or producer who
administrative burden. Some webinars years thereafter. exported the subject merchandise to the
will be provided at no charge when the United States during the POI, including
purpose is primarily to promote ITA or Dated: June 28, 2017.
those not individually examined during
other United States Government events, Stephanie Smedile,
the investigation.4 Further, as required
activities, etc. Acting Director, Office of Strategic Planning, by 19 CFR 351.214(b)(2)(iii)(B), it
International Trade Administration.
Determining the Cost of Performing certified that its export activities are not
[FR Doc. 2017–14238 Filed 7–7–17; 8:45 am] controlled by the central government of
Each Service
BILLING CODE 3510–FP–P the PRC.5 Doo Won also certified it had
The cost of service methodology
no subsequent shipments of subject
developed by ITA was designed to bring
merchandise.6
the organization closer to full cost DEPARTMENT OF COMMERCE In addition to the certifications
recovery guidance set forth in OMB described above, pursuant to 19 CFR
Circular A–25. To set user fees that are International Trade Administration
351.214(b)(2)(iv), Doo Won submitted
‘‘self-sustaining,’’ ITA had to determine documentation establishing the
the true cost of providing various export [A–570–831] following: (1) The date of its first sale to
and investment promotion services. an unaffiliated customer in the United
Federal Accounting Standards permit Fresh Garlic From the People’s
States; (2) the date on which the fresh
ITA to use an activity-based costing Republic of China: Initiation of
garlic was first entered; and (3) the
model to determine the true cost of Semiannual Antidumping Duty New
volume of that shipment.7
services listed in the proposed User Fee Shipper Review; 2016–2017 The Department queried the database
Schedule. The activities were defined in of U.S. Customs and Border Protection
accordance with the list of services AGENCY: Enforcement and Compliance,
International Trade Administration, (CBP) in an attempt to confirm that the
offered by ITA, including both standard shipment reported by Doo Won had
and customized services. Department of Commerce
entered the United States for
As part of the cost of service study, SUMMARY: On May 19, 2017, the
ITA conducted a workload survey to Department received a timely request 1 See Antidumping Duty Order: Fresh Garlic from
obtain a more accurate estimate of the for a semiannual new shipper review the People’s Republic of China, 59 FR 59209
true cost for delivery of specific (NSR) from Qingdao Doo Won Foods
sradovich on DSK3GMQ082PROD with NOTICES
(November 16, 1994).
services. The workload survey was Co., Ltd. (Doo Won). The Department of 2 See Doo Won’s Letter, ‘‘Fresh garlic from the
designed and distributed to all ITA Commerce (Department) has determined People’s Republic of China: Request for New-
Shipper Review,’’ (November 30, 2016).
international and domestic field units. that the request for a NSR of the 3 Id. at Attachment 1.
The data submitted by various field antidumping duty order on Fresh Garlic 4 Id.
units was then aggregated to determine from the People’s Republic of China 5 Id.
the global average of workload for each (PRC) meets the statutory and regulatory 6 Id. at 2.
standard or customized service. Using requirements for initiation. The period 7 Id. at Attachment 2.
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![Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31757
consumption and that liquidation had company’s export activities.11 23, 2017, from 9:00 a.m. to 3:30 p.m.
been properly suspended for Accordingly, the Department will issue Eastern time. The purpose of this
antidumping duties. The information questionnaires to Doo Won, which will meeting is to review the results of
which the Department examined was include a section requesting information examiners’ scoring of written
consistent with that provided by Doo with regard to its export activities for applications. Panel members will vote
Won in its request.8 In particular, the the purpose of establishing its eligibility on which applicants merit site visits by
CBP data confirmed the price and for a separate rate. The review will examiners to verify the accuracy of
quantity reported by Doo Won for the proceed if the responses provide quality improvements claimed by
sale that forms the basis for this NSR sufficient indication that Doo Won is applicants. The meeting is closed to the
request. not subject to either de jure or de facto public in order to protect the
government control with respect to its proprietary data to be examined and
Period of Review discussed.
exports of fresh garlic.
Pursuant to 19 CFR 351.214(c), an On February 24, 2016, the President DATES: The meeting will be held on
exporter or producer may request a NSR signed into law the ‘‘Trade Facilitation Wednesday, August 23, 2017, from 9:00
within one year of the date on which its and Trade Enforcement Act of 2015,’’ a.m. to 3:30 p.m. Eastern time. The
subject merchandise was first entered. H.R. 644, which made several entire meeting will be closed to the
Moreover, 19 CFR 351.214(d)(1) states amendments to section 751(a)(2)(B) of public.
that if the request for the review is made the Act. We will conduct this new
ADDRESSES: The meeting will be held at
during the six-month period ending shipper review in accordance with
the National Institute of Standards and
with the end of the semiannual section 751(a)(2)(B) of the Act, as
Technology, 100 Bureau Drive,
anniversary month, the Secretary will amended by the Trade Facilitation and
Gaithersburg, MD 20899.
initiate a NSR in the calendar month Trade Enforcement Act of 2015.12
immediately following the semiannual Interested parties requiring access to FOR FURTHER INFORMATION CONTACT:
anniversary month. Further, 19 CFR proprietary information in this Robert Fangmeyer, Director, Baldrige
315.214(g)(1)(i)(B) states that if the NSR proceeding should submit applications Performance Excellence Program,
was initiated in the month immediately for disclosure under administrative National Institute of Standards and
following the semiannual anniversary protective order in accordance with 19 Technology, 100 Bureau Drive, Mail
month, the POR will be the six-month CFR 351.305 and 351.306. Stop 1020, Gaithersburg, Maryland
period immediately preceding the This initiation and notice are in 20899–1020, telephone number (301)
semiannual anniversary month. Doo accordance with section 751(a)(2)(B) of 975–2360, email robert.fangmeyer@
Won made the request for a NSR, which the Act and 19 CFR 351.214 and nist.gov.
included all documents and information 351.221(c)(1)(i). SUPPLEMENTARY INFORMATION:
required by the statute and regulations, Dated: July 3, 2017. Authority: 15 U.S.C. 3711a(d)(1) and the
within one year of the date on which its Gary Taverman, Federal Advisory Committee Act, as
fresh garlic first entered. Its request was Deputy Assistant Secretary for Antidumping amended, 5 U.S.C. App.
filed in May, which is the semiannual and Countervailing Duty Operations, Pursuant to the Federal Advisory
anniversary month of the order. performing the non-exclusive functions and Committee Act, as amended, 5 U.S.C.
Therefore, the POR is November 1, duties of the Assistant Secretary for App., notice is hereby given that the
2016, through April 30, 2017.9 Enforcement and Compliance. Judges Panel of the Malcolm Baldrige
[FR Doc. 2017–14383 Filed 7–7–17; 8:45 am] National Quality Award will meet on
Initiation of New Shipper Review
BILLING CODE 3510–DS–P Wednesday, August 23, 2017, from 9:00
Pursuant to section 751(a)(2)(B) of the a.m. to 3:30 p.m. Eastern time. The
Act and 19 CFR 351.214(b), and the Judges Panel is composed of twelve
information on the record, the DEPARTMENT OF COMMERCE members, appointed by the Secretary of
Department finds that Doo Won’s Commerce, with a balanced
request meets the threshold National Institute of Standards and
representation from U.S. service,
requirements for initiation of a NSR Technology
manufacturing, nonprofit, education,
and, therefore, is initiating a NSR of Doo and health care industries. Members are
Won. The Department intends to issue Judges Panel of the Malcolm Baldrige
National Quality Award selected for their familiarity with
the preliminary results within 180 days quality improvement operations and
after the date on which this review is AGENCY: National Institute of Standards competitiveness issues of manufacturing
initiated and the final results within 90 and Technology, Department of companies, service companies, small
days after the date on which we issue Commerce. businesses, health care providers, and
the preliminary results.10 ACTION: Notice of closed meeting. educational institutions. Members are
It is the Department’s usual practice also chosen who have broad experience
in cases involving non-market SUMMARY: The Judges Panel of the in for-profit and nonprofit areas. The
economies to require that a company Malcolm Baldrige National Quality purpose of this meeting is to review the
seeking to establish eligibility for an Award (Judges Panel) will meet in results of examiners’ scoring of written
antidumping duty rate separate from the closed session on Wednesday, August applications. Panel members will vote
country-wide rate (i.e., a separate rate) on which applicants merit site visits by
provide evidence of de jure and de facto 11 See Import Administration Policy Bulletin,
sradovich on DSK3GMQ082PROD with NOTICES
Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-
examiners to verify the accuracy of
absence of government control over the quality improvements claimed by
1.pdf).
12 The Trade Facilitation and Trade Enforcement applicants. The meeting is closed to the
8 See Memorandum, ‘‘New Shipper Review of the
Act of 2015 removed from section 751(a)(2)(B) of public in order to protect the
Antidumping Duty Order on Fresh Garlic from the the Act the provision directing the Department to
People’s Republic of China: U.S. Customs and proprietary data to be examined and
instruct Customs and Border Protection to allow an
Border Protection Entry Data,’’ dated June 21, 2017. importer the option of posting a bond or security discussed.
9 See 19 CFR 351.214(g)(1)(i)(B).
in lieu of a cash deposit during the pendency of a The Chief Financial Officer and
10 See section 751(a)(2)(B)(iv) of the Act. new shipper review. Assistant Secretary for Administration,
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Document Created: 2017-07-08 00:55:47
Document Modified: 2017-07-08 00:55:47
| 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 July 10, 2017. | |
| Contact | Alexander Cipolla, 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- 4956. | |
| FR Citation | 82 FR 31756 |
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