83 FR 22959 - Fresh Garlic From the People's Republic of China: Preliminary Rescission of the New Shipper Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range		22959-22960
FR Document		2018-10557

The Department of Commerce (Commerce) is conducting a new shipper review of Qingdao Doo Won Foods Co., Ltd. (Doo Won) regarding the antidumping duty order on fresh garlic from the People's Republic of China (China). The period of review (POR) is November 1, 2016, through April 30, 2017. Because we have concluded preliminarily that Doo Won is not the producer of the fresh garlic it exported to the United States, we are preliminarily rescinding this review with respect to Doo Won. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018)

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22959-22960]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-10557]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]

Fresh Garlic From the People's Republic of China: Preliminary
Rescission of the New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting a new
shipper review of Qingdao Doo Won Foods Co., Ltd. (Doo Won) regarding
the antidumping duty order on fresh garlic from the People's Republic
of China (China). The period of review (POR) is November 1, 2016,
through April 30, 2017. Because we have concluded preliminarily that
Doo Won is not the producer of the fresh garlic it exported to the
United States, we are preliminarily rescinding this review with respect
to Doo Won. Interested parties are invited to comment on these
preliminary results.

DATES: Applicable Date: May 17, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6251.

SUPPLEMENTARY INFORMATION:

Background

On July 10, 2017, Commerce published a notice of initiation of a
new shipper review of fresh garlic from the China for the period
November 1, 2016, through April 30, 2017.\1\ On December 4, 2017, we
extended the deadline for the preliminary results to April 30, 2018.\2\
Commerce exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through 22, 2018.\3\
The revised deadline for the preliminary results is May 2, 2018.
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\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review; 2016-2017, 82 FR
31756 (July 10, 2017).
\2\ See Memorandum ``Fresh Garlic from the People's Republic of
China--Semiannual Antidumping Duty New Shipper Review (2016-2017):
Extension of Deadline for the Preliminary Results of the Review,''
dated December 4, 2017. If the new deadline falls on a non-business
day, in accordance with Commerce's practice, the deadline will
become the next business day.
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum),'' dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
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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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Rescission of the Antidumping Duty New Shipper Review of Fresh
Garlic from the People's Republic of China: Qingdao Doo Won Foods
Co., Ltd.,'' dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum), for a complete description
of the Scope of the Order.
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Methodology

Commerce is conducting this review in accordance with section
751(a)(2)(B)

[[Page 22960]]

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 Commerce'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 Doo Won NSR

For the reasons detailed in the Preliminary Decision Memorandum, we
preliminarily find that Doo Won's sale under review is bona fide.
However, we also preliminarily find that Doo Won is not the producer of
the garlic subject to this review and, therefore, does not provide a
reasonable or reliable basis for calculating a dumping margin. As a
result, we are preliminarily rescinding the new shipper review of Doo
Won.

Disclosure and Public Comment

Commerce intends to 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\
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\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
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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\
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\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
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Commerce 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), Commerce 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,
Doo Won'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\
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\9\ See 19 CFR 351.212(c).
\10\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

The following cash deposit requirements will be effective upon
publication of the final results or final rescission of this NSR for
entries of subject merchandise by Doo Won. If Commerce proceeds to a
final rescission of the new shipper review, the cash deposit rate will
continue to be the China-wide rate. If we issue final results of the
new shipper review for Doo Won, we will instruct CBP to collect cash
deposits, effective upon the publication of the final results, at the
rates established therein.

Verification

Consistent with 19 CFR 351.307(b)(1)(iv), we intend to verify the
information relied upon in making its decision.

Notification to Interested Parties

We are issuing and publishing these results in accordance with
sections 751(a)(1) and 771(i)(1) of the Act, and 19 CFR 351.221(b)(4).

Dated: May 2, 2018.
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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Preliminary Finding That Doo Won Is Not the Producer
VI. Verification
VII. Recommendation

[FR Doc. 2018-10557 Filed 5-16-18; 8:45 am]
BILLING CODE 3510-DS-P

22960 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices

of the Tariff Act of 1930, as amended Department of Commerce, 1401 Dated: May 2, 2018.
(the Act), and 19 CFR 351.214. For a full Constitution Avenue NW, Washington, Gary Taverman,
description of the methodology DC 20230.8 Deputy Assistant Secretary for Antidumping
underlying our conclusions, see the Commerce intends to issue the final and Countervailing Duty Operations,
Preliminary Decision Memorandum. performing the non-exclusive functions and
results of this new shipper review, duties of the Assistant Secretary for
The Preliminary Decision Memorandum
which will include the results of its Enforcement and Compliance.
is a public document and is on file
electronically via Enforcement and analysis of issues raised in any such
comments, within 90 days of Appendix
Compliance’s Antidumping and
Countervailing Duty Centralized publication of these preliminary results, List of Topics Discussed in the Preliminary
pursuant to section 751(a)(2)(B)(iv) of Decision Memorandum
Electronic Service System (ACCESS).
ACCESS is available to registered users the Act. I. Summary
at http://access.trade.gov and in II. Background
Assessment Rates III. Scope of the Order
Commerce’s Central Records Unit, room
IV. Bona Fides Analysis
B8024 of the main Department of Upon completion of the final results, V. Preliminary Finding That Doo Won Is Not
Commerce building. In addition, a pursuant to 19 CFR 351.212(b), the Producer
complete version of the Preliminary Commerce will determine, and the U.S. VI. Verification
Decision Memorandum can be accessed Customs and Border Protection (CBP) VII. Recommendation
directly on the internet at http:// shall assess, antidumping duties on all [FR Doc. 2018–10557 Filed 5–16–18; 8:45 am]
enforcement.trade.gov/frn/. The signed appropriate entries. If we proceed to a BILLING CODE 3510–DS–P
Preliminary Decision Memorandum and final rescission of the new shipper
the electronic versions of the review, Doo Won’s entries will be
Preliminary Decision Memorandum are assessed at the rate entered.9 If we do DEPARTMENT OF COMMERCE
identical in content. not proceed to a final rescission of the
International Trade Administration
Preliminary Rescission of Doo Won new shipper review, pursuant to 19 CFR
NSR 351.212(b)(1), we will calculate [C–570–982]
For the reasons detailed in the importer-specific assessment rates. We
Preliminary Decision Memorandum, we will instruct CBP to assess antidumping Utility Scale Wind Towers From the
preliminarily find that Doo Won’s sale duties on all appropriate entries covered People’s Republic of China: Final
under review is bona fide. However, we by this review if any importer-specific Results of the Expedited First Sunset
also preliminarily find that Doo Won is assessment rate calculated in the final Review of the Countervailing Duty
not the producer of the garlic subject to results of this review is above de Order
this review and, therefore, does not minimis.10 AGENCY: Enforcement and Compliance,
provide a reasonable or reliable basis for International Trade Administration,
calculating a dumping margin. As a Cash Deposit Requirements
Department of Commerce.
result, we are preliminarily rescinding The following cash deposit SUMMARY: The Department of Commerce
the new shipper review of Doo Won. requirements will be effective upon (Commerce) finds that revocation of the
Disclosure and Public Comment publication of the final results or final countervailing duty (CVD) order on
Commerce intends to disclose the rescission of this NSR for entries of utility scale wind towers (wind towers)
analysis performed for these subject merchandise by Doo Won. If from the People’s Republic of China
preliminary results to the parties within Commerce proceeds to a final rescission (China) would likely lead to the
five days of the date of publication of of the new shipper review, the cash continuation or recurrence of a
this notice in accordance with 19 CFR deposit rate will continue to be the countervailable subsidy at the levels
351.224(b). Interested parties may China-wide rate. If we issue final results indicated in the Final Results of Review
submit written comments by no later of the new shipper review for Doo Won, section of this notice.
than 30 days after the date of we will instruct CBP to collect cash DATES: Applicable May 17, 2018.
publication of these preliminary results deposits, effective upon the publication FOR FURTHER INFORMATION CONTACT:
of review.5 Rebuttals, limited to issues of the final results, at the rates Kristen Johnson, AD/CVD Operations,
raised in the written comments, may be established therein. Enforcement and Compliance,
filed by no later than five days after the International Trade Administration,
written comments are filed.6 Verification U.S. Department of Commerce, 1401
Any interested party may request a Consistent with 19 CFR Constitution Avenue NW, Washington,
hearing within 30 days of publication of 351.307(b)(1)(iv), we intend to verify the DC 20230; telephone: (202) 482–4793.
this notice.7 Hearing requests should SUPPLEMENTARY INFORMATION:
information relied upon in making its
contain the following information: (1)
decision. Background
The party’s name, address, and
telephone number; (2) the number of Notification to Interested Parties The Order on wind towers from China
participants; and (3) a list of the issues was published in the Federal Register
to be discussed. Oral presentations will We are issuing and publishing these on February 15, 2013.1 On January 2,
be limited to issues raised in the briefs. results in accordance with sections 2018, Commerce initiated this sunset
daltland on DSKBBV9HB2PROD with NOTICES

If a request for a hearing is made, parties 751(a)(1) and 771(i)(1) of the Act, and 19 review of the Order on wind towers
will be notified of the time and date for CFR 351.221(b)(4). from China pursuant to section 751(c) of
the hearing to be held at the U.S. the Tariff Act of 1930, as amended (the
5 See 8 See 19 CFR 351.310(d).
19 CFR 351.309(c). 1 See Utility Scale Wind Towers from the People’s
6 See 9 See 19 CFR 351.212(c).
19 CFR 351.309(d). Republic of China: Countervailing Duty Order, 78
7 See 19 CFR 351.310(c). 10 See 19 CFR 351.106(c)(2). FR 11152 (February 15, 2013) (Order).

VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1

Document Created: 2018-05-17 00:50:20
Document Modified: 2018-05-17 00:50:20

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		Applicable Date: May 17, 2018.
Contact		Kathryn Wallace, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6251.
FR Citation		83 FR 22959

83 FR 22959 - Fresh Garlic From the People's Republic of China: Preliminary Rescission of the New Shipper Review

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 96 (May 17, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration