83 FR 31734 - Fresh Garlic From the People's Republic of China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-2018
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 131 (July 9, 2018)
International Trade Administration
Federal Register Volume 83, Issue 131 (July 9, 2018)
| Page Range | 31734-31736 | |
| FR Document | 2018-14608 |
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)] [Notices] [Pages 31734-31736] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14608] ----------------------------------------------------------------------- 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; 2017-2018 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 23, 2018, the Department of Commerce (Commerce) received a timely request for a semiannual new shipper review (NSR) from Jinxiang Infang Fruit & Vegetable Co., Ltd (Infang), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended. Commerce has determined that the request for a NSR of the antidumping duty order on Fresh Garlic from the People's Republic of China (China) meets the statutory and regulatory requirements for initiation. The period of review (POR) is November 1, 2017, through May 31, 2018. DATES: Applicable July 9, 2018. FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and [[Page 31735]] 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 Commerce published the antidumping duty order on fresh garlic from China in the Federal Register on November 16, 1994.\1\ On May 23, 2018, Commerce received a timely request for a NSR from Infang.\2\ Infang certified that it is the exporter 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), Infang 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), Infang 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 China.\5\ Infang 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 Infang's Letter, ``Fresh Garlic from the People's Republic of China: Request for New-Shipper Review,'' dated May 23, 2018 (Infang's NSR Request). \3\ Id. at Exhibit 1. \4\ Id. \5\ Id. \6\ Id. at 4. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Infang 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 Exhibit 3. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.214(b)(2)(ii)(B), since Infang is the exporter, but not the producer of the subject merchandise, Infang's producer, Jinxiang Excelink Foodstuffs Co., Ltd. (Excelink) certified: (1) That it did not export subject merchandise to the United States during the period of investigation; (2) that it has never been affiliated with any producer or exporter that did export of subject merchandise to the United States during the POI; and (3) that Excelink produced the subject merchandise exported by Infang in the relevant POR.\8\ --------------------------------------------------------------------------- \8\ Id. at Exhibit 2. --------------------------------------------------------------------------- Commerce queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by Infang had entered the United States for consumption and that liquidation had been properly suspended for antidumping duties. The information which Commerce examined was consistent with that provided by Infang in its request.\9\ In particular, the CBP data confirmed the price and quantity reported by Infang for the sale that forms the basis for this NSR request. --------------------------------------------------------------------------- \9\ 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 18, 2018. --------------------------------------------------------------------------- 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 an 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. Infang made the request for an 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. Infang also requested that Commerce use the discretion afforded it under 19 CFR 351.214(f)(2)(ii) to alter the POR to capture the entry. As stated by Infang, ``{t{time} he invoice and export date of the shipment was during the six-month POR, but the shipment entered the United States . . . after this period.'' \10\ Based on the information provided by Infang, Commerce finds that extending the POR to capture the entry would not prevent the completion of the review within the time limits set by Commerce's regulations. Therefore, in accordance with 19 CFR 351.214(f)(2)(ii), Commerce is extending the POR by one month. Accordingly, the POR is November 1, 2017, through May 31, 2018.\11\ --------------------------------------------------------------------------- \10\ See Infang's NSR Request at 4 (BPI omitted). \11\ 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, Commerce finds that Infang's request meets the threshold requirements for initiation of a NSR and, therefore, is initiating an NSR of Infang. Commerce 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.\12\ --------------------------------------------------------------------------- \12\ See section 751(a)(2)(B)(iv) of the Act. --------------------------------------------------------------------------- It is Commerce'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.\13\ Accordingly, Commerce will issue questionnaires to Infang, 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 Infang is not subject to either de jure or de facto government control with respect to its exports of fresh garlic. --------------------------------------------------------------------------- \13\ See Import Administration Policy Bulletin, Number: 05.1. (http://ia.ita.doc.gov/policy/bull05-1.pdf). --------------------------------------------------------------------------- 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.\14\ --------------------------------------------------------------------------- \14\ The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing Commerce 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). [[Page 31736]] Dated: July 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. [FR Doc. 2018-14608 Filed 7-6-18; 8:45 am] BILLING CODE 3510-DS-P
![31734 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices
A–570–967 and C–570–968: Aluminum A–570–891: Hand Trucks and Certain Parts constitutes shrink film that is not bi-axially
Extrusions From the People’s Republic of Thereof From the People’s Republic of China oriented; May 12, 2017.
China Requestor: TreeKeeper LLC (TreeKeeper); A–570–956 and C–570–957: Seamless Carbon
Requestor: Aluminum Extrusion Fair Trade TreeKeeper’s Adjustable Telescoping and Alloy Steel Standard, Line, and Pressure
Committee; Certain aluminum extrusions OrnamentKeeper is outside the scope of the Pipe From the People’s Republic of China
from the People’s Republic of China made of antidumping duty order on hand trucks Requestor: Commercial Honing LLC dba
series 6xxx aluminum alloy, which are cut- because the product is incapable of sliding Commercial Fluid Power; Ten different
to-length and welded together in the form of under a load for the purposes of lifting and seamless pipe products are not covered by
a pallet, regardless of producer or exporter, moving it; and TreeKeeper’s XL Tree Dolly is the scope of the antidumping and
are included in the scope of the antidumping covered by the scope of the order; April 19, countervailing duty orders on certain
and countervailing duty orders because they 2017. seamless steel tubing from the People’s
meet the definition of merchandise covered Republic of China because the mechanical
by the scope of the orders and do not qualify A–570–891: Hand Trucks and Certain Parts
Thereof From the People’s Republic of China tubing does not meet the dimensional
to be excluded as ‘‘finished merchandise’’; requirements, i.e., outside diameter and wall
June 13, 2017. Requestor: Groupe Bugatti Group Inc. thickness, described in the exception to the
A–570–967 and C–570–968: Aluminum (Bugatti); Bugatti’s luggage cart, style No. exclusion, of ASTM A–53, ASTM A–106, or
Extrusions From the People’s Republic of CRT39, is covered by the scope of the order API 5L specifications; May 16, 2017.
China on hand trucks, because it meets the
operational requirement of being capable of Interested parties are invited to
Requestor: Woodard CM–LLC; Woodard comment on the completeness of this
sliding under a load, and lacks the
dining chair kits are covered by the scope of list of completed scope inquiries. Any
telescoping frame necessary to meet the
the antidumping and countervailing duty
orders on aluminum extrusions from the luggage cart exclusion; June 30, 2017. comments should be submitted to the
People’s Republic of China because, as A–570–914 and C–570–915: Light-walled Deputy Assistant Secretary for AD/CVD
entered, they require further finishing and Rectangular Pipe and Tube From the People’s Operations, Enforcement and
lack component parts, such that they do not Republic of China Compliance, International Trade
meet the criteria for exclusion as finished Requestor: Acme Manufacturing Company; Administration, 1401 Constitution
merchandise; June 19, 2017. Black and perforated square tubes are Avenue NW, APO/Dockets Unit, Room
A–570–018 and C–570–019: Boltless Steel covered by the scope of the antidumping 18022, Washington, DC 20230.
Shelving Units Prepackaged for Sale From duty and countervailing duty orders on light- This notice is published in
the People’s Republic of China walled rectangular pipe and tube from the accordance with 19 CFR 351.225(o).
Requestor: Grainger International, Inc.; 14 People’s Republic of China because they
Dated: June 29, 2018.
storage cabinet models and 15 quick possess all of the physical characteristics of
assembly bookcase models are not covered by subject merchandise that are described in the Scot Fullerton,
the scope of the antidumping duty and/or scope; April 26, 2017. Director, Office VI, Antidumping and
countervailing duty orders on boltless steel A–570–970 and C–570–971: Multilayered Countervailing Duty Operations.
shelving units prepacked for sale from the Wood Flooring From the People’s Republic of [FR Doc. 2018–14620 Filed 7–6–18; 8:45 am]
People’s Republic of China because neither China BILLING CODE 3510–DS–P
product has a horizontal support member
upon which a horizontal storage shelf sits, Requestor: DunHua SenTai Wood Co., Ltd.;
and the structural integrity of both products Two-layer wood flooring products are not
is provided by the open box design rather covered by the scope of the antidumping and DEPARTMENT OF COMMERCE
than vertical support members as required by countervailing duty orders on multilayered
the plain language of the scope; April 20, wood flooring from the People’s Republic of International Trade Administration
2017. China because they lack the requisite two or [A–570–831]
more layers or plies of wood veneer in
A–570–912 and C–570–913: Certain New
Pneumatic Off-the-Road Tires From the combination with a core; April 7, 2018. Fresh Garlic From the People’s
People’s Republic of China A–570–875: Non-Malleable Cast Iron Pipe Republic of China: Initiation of
Requestor: Leviathan Corp. (Leviathan); Fittings From the People’s Republic of China Semiannual Antidumping Duty New
Leviathan requested that Commerce find that Requestor: U.V. International LLC (U.V. Shipper Review; 2017–2018
its imports of certain mining and International); U.V. International’s ductile
construction vehicle tires are excluded from iron flanges identified by product codes AGENCY: Enforcement and Compliance,
the scope of antidumping order (A–570–912) DPF003 and DPF004 are within the scope of International Trade Administration,
and countervailing duty order (C–570–913) the order; May 12, 2017. Department of Commerce.
on off-the road tires from the PRC. We A–570–943 and C–570–944: Oil Country SUMMARY: On May 23, 2018, the
determined that Leviathan’s imports of three Tubular Goods From the People’s Republic of Department of Commerce (Commerce)
models of new pneumatic off-the-road tires, received a timely request for a
China
37.5–39 Caterpillar 657E Wheel Tractor-
Scraper tires, 45/65–45 Caterpillar 992K Requestor: Cameron International semiannual new shipper review (NSR)
Wheel Loader tires, and 27.00–49 Caterpillar Corporation; Unfinished packoff support from Jinxiang Infang Fruit & Vegetable
777G Off-Highway Truck tires, are not bushings, unfinished mandrel casing Co., Ltd (Infang), in accordance with
covered by the scope of the Orders; April 24, hangers, and unfinished casing head section 751(a)(2)(B)(i) of the Tariff Act
2017. housings (intended for use in an above- of 1930, as amended. Commerce has
ground multibowl wellhead systems) are not determined that the request for a NSR of
A–570–910 and C–570–911: Circular Welded
covered by the scope of the antidumping and the antidumping duty order on Fresh
Carbon-Quality Steel Pipe From the People’s
countervailing duty orders; June 30, 2017.
Republic of China Garlic from the People’s Republic of
Requestor: Acme Manufacturing Company; A–570–924: Polyethylene Terephthalate film, China (China) meets the statutory and
sradovich on DSK3GMQ082PROD with NOTICES
Acme’s short round tubes are within the sheet and strip From the People’s Republic regulatory requirements for initiation.
scope of the antidumping and countervailing of China
The period of review (POR) is November
duty orders on circular welded carbon- Requestor: UPM Raflatac; The imported 1, 2017, through May 31, 2018.
quality steel pipe from the People’s Republic glycol-modified polyethylene terephthalate
DATES: Applicable July 9, 2018.
of China because the scope language is not (PETG) shrink film is outside the scope of the
limited to pipes of a certain length, to pipes antidumping duty order on polyethylene FOR FURTHER INFORMATION CONTACT:
made to an industry specification, or to pipes terephthalate film, sheet and strip from the Alexander Cipolla, AD/CVD Operations,
with a specific end-use; April 4, 2017. People’s Republic of China because it Office VII, Enforcement and
VerDate Sep<11>2014 18:00 Jul 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\09JYN1.SGM 09JYN1](https://thefederalregister.org/doc/83_FR_31865/page/1.svg)
![31736 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices
Dated: July 2, 2018. congressionally directed funds or DEPARTMENT OF COMMERCE
Gary Taverman, existing funded awards. MBDA is
Deputy Assistant Secretary for Antidumping authorized pursuant to Executive Order National Oceanic and Atmospheric
and Countervailing Duty Operations, 11625 to defray all or part of the costs Administration
performing the non-exclusive functions and of pilot or demonstration projects RIN 0648–XG332
duties of the Assistant Secretary for conducted by public or private agencies
Enforcement and Compliance. or organizations which are designed to Endangered Species; File No. 21858
[FR Doc. 2018–14608 Filed 7–6–18; 8:45 am] overcome the special challenges of
BILLING CODE 3510–DS–P minority business enterprises. MBDA AGENCY: National Marine Fisheries
will provide Federal assistance to Service (NMFS), National Oceanic and
support innovative projects seeking to Atmospheric Administration (NOAA),
DEPARTMENT OF COMMERCE promote and ensure the inclusion and Commerce.
use of minority enterprises in one or ACTION: Notice; receipt of application.
Minority Business Development
more of the following: (1) Access to SUMMARY: Notice is hereby given that
Agency
capital; (2) American Indian, Alaska NMFS Greater Atlantic Region Fisheries
Broad Agency Announcement 2018 Native, and Native Hawaiian project; (3) Office (GARFO), 55 Great Republic
aquaculture; (4) disaster recovery; (5) Drive, Gloucester MA 01930
AGENCY: Minority Business disaster readiness; (6) Global Minority [Responsible Party: Julie Crocker], has
Development Agency (MBDA), Women Economic Empowerment applied in due form for a permit to take
Commerce. Initiative; (7) Historically Black Colleges Atlantic (Acipenser oxyrinchus) and
ACTION: Soliciting applications for and Universities (HBCU) Initiative; (8) shortnose (A. brevirostrum) sturgeon
technical assistance. an entrepreneurship education program parts for purposes of scientific research.
for formerly incarcerated persons; (9) DATES: Written, telefaxed, or email
SUMMARY: The Minority Business inclusive infrastructure initiative; (10)
Development Agency’s (MBDA) of the comments must be received on or before
research; (11) space commerce; (12) a August 8, 2018.
Department of Commerce is soliciting sustainable business model; (13)
volunteers to serve as panelists to ADDRESSES: The application and related
technology transfer and
review and provide feedback to the 2018 documents are available for review by
commercialization; and (14) a virtual
Broad Agency Announcement. selecting ‘‘Records Open for Public
business center. Comment’’ from the ‘‘Features’’ box on
Specifically, the panelists will review MBDA announced the Federal
applications submitted for 14 various the Applications and Permits for
Funding Opportunity for the 2018 Broad
projects and initiatives. Protected Species (APPS) home page,
Agency Announcement (BAA) on June
DATES: MBDA will be accepting resumes
https://apps.nmfs.noaa.gov, and then
11, 2018, and intends to award funds no
and bios on a rolling basis to the selecting File No. 21858 from the list of
later than September 1, 2018. MBDA
2018BAA@mbda.gov account through available applications.
will receive applications until July 11, These documents are also available
July 16, 2018. MBDA will review and 2018 for awards under the 2018 BAA. upon written request or by appointment
approve reviewers on a first-come, first- MBDA will conduct merit review panels in the Permits and Conservation
served basis. from July 16, 2018 through July 31, Division, Office of Protected Resources,
ADDRESSES: All submissions should be 2018. NMFS, 1315 East-West Highway, Room
directed to 2018BAA@mbda.gov. As a reviewer, you will play a critical 13705, Silver Spring, MD 20910; phone
FOR FURTHER INFORMATION CONTACT: role in the evaluation of the 2018 BAA (301) 427–8401; fax (301) 713–0376.
Nakita Chambers, Program Manager, applications. Your recommendations Written comments on this application
MBDA Office of Business Development, will be used by MBDA in determining should be submitted to the Chief,
telephone: (202) 482–0065. Information whether to approve the applications for Permits and Conservation Division, at
about the 2018 Broad Agency the initiatives listed above. In order to the address listed above. Comments may
Announcement can be obtained be a reviewer, you must be an also be submitted by facsimile to (301)
electronically via the internet at individual with expertise and/or 713–0376, or by email to
www.mbda.gov/2018BAA. experience in state, local, or federal NMFS.Pr1Comments@noaa.gov. Please
SUPPLEMENTARY INFORMATION: MBDA, a
grants management, private sector include the File No. 21858 in the subject
bureau of the U.S. Department of business development, minority line of the email comment.
Commerce, leads Federal Government business development, or any of the 14 Those individuals requesting a public
efforts to promote the growth and global categories listed above as initiatives. hearing should submit a written request
All potential reviewers must submit a to the Chief, Permits and Conservation
competitiveness of minority business
resume or bio with the information Division at the address listed above. The
enterprises (MBEs). MBDA has
below. Potential reviewers should request should set forth the specific
established key priorities designed to
submit this information to the reasons why a hearing on this
overcome the unique challenges faced
2018BAA@mbda.gov email account. application would be appropriate.
by minority business enterprises
(MBEs). MBDA is now initiating new Name. FOR FURTHER INFORMATION CONTACT: Erin
Residence (city and State). Markin or Jennifer Skidmore, (301) 427–
approaches to serve MBEs that
Email and telephone number. 8401.
compliment Presidential priorities and Last or Current Position (including
SUPPLEMENTARY INFORMATION: The
sradovich on DSK3GMQ082PROD with NOTICES
U.S. Department of Commerce goals. retired).
The 2018 Broad Agency subject permit is requested under the
Announcement is a mechanism to Dated: July 3, 2018. authority of the Endangered Species Act
encourage new activities, education, Josephine Arnold, of 1973, as amended (ESA; 16 U.S.C.
outreach, innovative projects or Chief Counsel, Minority Business 1531 et seq.) and the regulations
sponsorships that are not addressed Development Agency. governing the taking, importing, and
through other MBDA programs. This [FR Doc. 2018–14660 Filed 7–6–18; 8:45 am] exporting of endangered and threatened
program is not a method for awarding BILLING CODE P species (50 CFR parts 222–226).
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Document Created: 2018-07-07 00:42:45
Document Modified: 2018-07-07 00:42:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 9, 2018. | |
| 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 | 83 FR 31734 |
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