83 FR 43642 - Fresh Tomatoes From Mexico: Preliminary Results of the Five-Year Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes From Mexico
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 166 (August 27, 2018)
International Trade Administration
Federal Register Volume 83, Issue 166 (August 27, 2018)
| Page Range | 43642-43644 | |
| FR Document | 2018-18436 |
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)] [Notices] [Pages 43642-43644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18436] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-820] Fresh Tomatoes From Mexico: Preliminary Results of the Five-Year Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes From Mexico AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2018, the Department of Commerce (Commerce) initiated the fourth sunset review of the suspended antidumping duty investigation on fresh tomatoes from Mexico. Commerce preliminarily finds that termination of the suspended antidumping duty investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Preliminary Results of Review'' section of this notice. DATES: Applicable August 27, 2018. FOR FURTHER INFORMATION CONTACT: David Cordell or Sally C. Gannon, Bilateral Agreements Unit, Office of [[Page 43643]] Policy and Negotiations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-0408 or 202-482- 0162, respectively. SUPPLEMENTARY INFORMATION: Background On March 8, 2013, the Department of Commerce (the Department) published a notice of suspension of the antidumping duty investigation on fresh tomatoes from Mexico. The basis for the suspension of the investigation was an agreement between Commerce and producers/exporters accounting for substantially all imports of fresh tomatoes from Mexico wherein each signatory producer/exporter agreed to revise its prices to eliminate completely the injurious effects of exports of this merchandise to the United States (2013 Suspension Agreement on Fresh Tomatoes from Mexico (Suspension Agreement)).\1\ --------------------------------------------------------------------------- \1\ See Fresh Tomatoes from Mexico: Suspension of Antidumping Investigation, 78 FR 14967 (March 8, 2013). --------------------------------------------------------------------------- On February 1, 2018, Commerce initiated the sunset review of the suspended antidumping duty investigation on fresh tomatoes from Mexico in accordance with section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a notice of intent to participate in this sunset review from the Florida Tomato Exchange (FTE) on February 15, 2018, within the applicable deadline specified in 19 CFR 351.218(d)(1)(i). The FTE claimed interested-party status under section 771(9)(E) of the Act as a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States. --------------------------------------------------------------------------- \2\ See Initiation of Five-Year (Sunset) Review, 83 FR 4641 (February 1, 2018) (Initiation). --------------------------------------------------------------------------- On March 1, 2018, Commerce received a request from NatureSweet Ltd. and its affiliates (collectively, NatureSweet) for a one-week extension to the deadline prescribed in 19 CFR 351.218(d)(3) for submitting its substantive response. On March 5, 2018, Commerce granted NatureSweet's extension request, in accordance with 19 CFR 351.302(b), and extended the deadline for substantives responses from all interested parties to March 12, 2018. On March 12, 2018, Commerce received complete substantive responses from NatureSweet, the FTE, and Confederaci[oacute]n de Asociaciones Agricolas del Estado de Sinaloa, A.C., Consejo Agricola de Baja California, A.C., Asociaci[oacute]n Mexicana de Horticultura Protegida, A.C., Asociaci[oacute]n de Productores de Hortalizas del Yaqui y Mayo, and Sistema Producto Tomate (collectively, CAADES et al. or the Mexican growers).\3\ Both NatureSweet and CAADES et al. claimed interested-party status under section 771(9)(A) of the Act as a foreign manufacturer, producer, or exporter, or the United States importer, of subject merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise. On April 2, 2018, Commerce received rebuttal comments from the FTE and the Mexican growers within the deadline specified in 19 CFR 351.218(d)(4).\4\ --------------------------------------------------------------------------- \3\ See Letters from NatureSweet, FTE, and Mexican growers, dated March 12, 2018. \4\ See Letters from the FTE and the Mexican Growers dated April 2, 2018. --------------------------------------------------------------------------- On April 13, 2018, Commerce determined in accordance with 19 CFR 351.218(e)(1)(ii) that NatureSweet's and the Mexican signatories' substantive responses met the requirements of 19 CFR 351.218(d)(3) and thus constituted adequate responses to the notice of initiation. Further, we found in accordance with 19 CRF 351.218(e)(1)(i) that the domestic interested parties submitted an adequate response to the notice of initiation. As a result, pursuant to section 751(c)(5)(A) of the Act and 19 CFR 351.218(e)(2)(i), Commerce began conducting a full sunset review of the suspended investigation on fresh tomatoes from Mexico and notified the ITC of its intent to conduct a full sunset review.\5\ --------------------------------------------------------------------------- \5\ See Letter from James C. Doyle to Michael Anderson entitled ``Sunset Reviews Initiated on February 1, 2018'' (April 13, 2018). --------------------------------------------------------------------------- Scope of the Suspension Agreement The merchandise subject to the suspension agreement is all fresh or chilled tomatoes (fresh tomatoes) which have Mexico as their origin, except for those tomatoes which are for processing. For purposes of this suspension agreement, processing is defined to include preserving by any commercial process, such as canning, dehydrating, drying, or the addition of chemical substances, or converting the tomato product into juices, sauces, or purees. Fresh tomatoes that are imported for cutting up, not further processing (e.g., tomatoes used in the preparation of fresh salsa or salad bars), are covered by this suspension agreement. Commercially grown tomatoes, both for the fresh market and for processing, are classified as Lycopersicon esculentum. Important commercial varieties of fresh tomatoes include common round, cherry, grape, plum, greenhouse, and pear tomatoes, all of which are covered by this Suspension Agreement. Tomatoes imported from Mexico covered by this suspension agreement are classified under the following subheading of the Harmonized Tariff Schedules of the United States (HTSUS), according to the season of importation: 0702. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Analysis of Comments Received All issues raised for the preliminary results of this sunset review are addressed in the Preliminary Decision Memorandum.\6\ The Preliminary Decision Memorandum is a public document and is on file electronically via the 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 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 version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \6\ See Memorandum from Sally C. Gannon to Gary Taverman, entitled ``Preliminary Decision Memorandum for the Fourth Sunset Review of the 2013 Suspension Agreement on Fresh Tomatoes from Mexico'' (Preliminary Decision Memorandum), dated concurrently with, and hereby adopted by this notice. --------------------------------------------------------------------------- Preliminary Results of Review Pursuant to section 752(c) of the Act, we determine that termination of the suspended investigation on fresh tomatoes from Mexico would be likely to lead to continuation or recurrence of dumping at weighted-average margins up to 188.14 percent. Interested parties may submit case briefs no later than 30 days after the date of publication of the preliminary results of this full sunset review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed not later than five days after the time limit for filing case briefs in accordance with 19 CFR 351.309(d). Any interested party may request a hearing within 30 days of publication of this notice in accordance with 19 CFR 351.310(c). If a request for [[Page 43644]] a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined. Commerce will issue a notice of final results of this full sunset review, which will include the results of its analysis of issues raised in any such comments, no later than October 1, 2018. This five-year (sunset) review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218(f)(1). Dated: August 21, 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. 2018-18436 Filed 8-24-18; 8:45 am] BILLING CODE 3510-DS-P
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should contain the party’s name, International Trade Commission (ITC) of subheadings 7305.11.1030, 7305.11.1060,
address, and telephone number, the its preliminary determination. If the 7305.11.5000, 7305.12.1030, 7305.12.1060,
number of participants, whether any final determination is affirmative, the 7305.12.5000, 7305.19.1030, 7305.19.1060,
participant is a foreign national, and a ITC will determine before the later of 7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
list of the issues to be discussed. If a 120 days after the date of this 7305.39.5000. While the HTSUS subheadings
request for a hearing is made, Commerce preliminary determination or 45 days are provided for convenience and customs
intends to hold the hearing at the U.S. after the final determination whether purposes, the written description of the
Department of Commerce, 1401 these imports are materially injuring, or scope of this investigation is dispositive.
Constitution Avenue NW, Washington, threaten material injury to, the U.S.
DC 20230, at a time and date to be industry. Appendix II—List of Topics Discussed
determined. Parties should confirm the in the Preliminary Decision
date, time, and location of the hearing Notification to Interested Parties Memorandum
two days before the scheduled date. This determination is issued and I. Summary
published in accordance with sections II. Background
Postponement of Final Determination III. Period of Investigation
733(f) and 777(i)(1) of the Act and 19
and Extension of Provisional Measures IV. Scope Comments
CFR 351.205(c).
Section 735(a)(2) of the Act provides V. Discussion of the Methodology
Dated: August 20, 2018. A. Determination of the Comparison
that a final determination may be
postponed until not later than 135 days Gary Taverman, Method
after the date of the publication of the Deputy Assistant Secretary for Antidumping B. Results of the Differential Pricing
and Countervailing Duty Operations, Analysis
preliminary determination if, in the
performing the non-exclusive functions and VI. Date of Sale
event of an affirmative preliminary VII. Product Comparisons
duties of the Assistant Secretary for
determination, a request for such Enforcement and Compliance. VIII. Constructed Export Price
postponement is made by exporters who IX. Normal Value
account for a significant proportion of Appendix I—Scope of the Investigation A. Home Market Viability
exports of the subject merchandise, or in The merchandise covered by this B. Level of Trade
the event of a negative preliminary investigation is welded carbon and alloy steel C. Cost of Production Analysis
determination, a request for such pipe (including stainless steel pipe), more 1. Calculation of Cost of Production (COP)
postponement is made by the petitioner. than 406.4 mm (16 inches) in nominal 2. Test of Comparison Market Sales Prices
Section 351.210(e)(2) of Commerce’s outside diameter (large diameter welded 3. Results of the COP Test
pipe), regardless of wall thickness, length, D. Calculation of NV Based on Comparison
regulations requires that a request by
surface finish, grade, end finish, or Market Prices
exporters for postponement of the final X. Currency Conversion
determination be accompanied by a stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or XI. Conclusion
request for extension of provisional
other fluids, liquids, or gases. It may also be [FR Doc. 2018–18487 Filed 8–24–18; 8:45 am]
measures from a four-month period to a used for structural purposes, including, but BILLING CODE 3510–DS–P
period not more than six months in not limited to, piling. Specifically, not
duration. included is large diameter welded pipe
On July 19, 2018, pursuant to 19 CFR produced only to specifications of the
351.210(e), Corinth requested that DEPARTMENT OF COMMERCE
American Water Works Association (AWWA)
Commerce postpone the final for water and sewage pipe. International Trade Administration
determination and that provisional Large diameter welded pipe used to
measures be extended to a period not to transport oil, gas, or natural gas liquids is [A–201–820]
exceed six months.9 In accordance with normally produced to the American
section 735(a)(2)(A) of the Act and 19 Petroleum Institute (API) specification 5L. Fresh Tomatoes From Mexico:
Large diameter welded pipe may also be Preliminary Results of the Five-Year
CFR 351.210(b)(2)(ii), because: (1) The
produced to American Society for Testing Sunset Review of the 2013 Suspension
preliminary determination is and Materials (ASTM) standards A500, A252,
affirmative; (2) the requesting exporter Agreement on Fresh Tomatoes From
or A53, or other relevant domestic Mexico
accounts for a significant proportion of specifications, grades and/or standards. Large
exports of the subject merchandise; and diameter welded pipe can be produced to AGENCY: Enforcement and Compliance,
(3) no compelling reasons for denial comparable foreign specifications, grades International Trade Administration,
exist, Commerce is postponing the final and/or standards or to proprietary
Department of Commerce.
determination and extending the specifications, grades and/or standards, or
can be non-graded material. All pipe meeting SUMMARY: On February 1, 2018, the
provisional measures from a four-month
period to a period not greater than six the physical description set forth above is Department of Commerce (Commerce)
months. Accordingly, Commerce will covered by the scope of this investigation, initiated the fourth sunset review of the
whether or not produced according to a suspended antidumping duty
make its final determination no later particular standard.
than 135 days after the date of investigation on fresh tomatoes from
Subject merchandise also includes large Mexico. Commerce preliminarily finds
publication of this preliminary diameter welded pipe that has been further
determination. that termination of the suspended
processed in a third country, including but
not limited to coating, painting, notching,
antidumping duty investigation on fresh
International Trade Commission beveling, cutting, punching, welding, or any tomatoes from Mexico would be likely
Notification other processing that would not otherwise to lead to continuation or recurrence of
amozie on DSK3GDR082PROD with NOTICES1
In accordance with section 733(f) of remove the merchandise from the scope of dumping at the levels indicated in the
the Act, Commerce will notify the the investigation if performed in the country ‘‘Preliminary Results of Review’’ section
of manufacture of the in-scope large diameter of this notice.
welded pipe.
9 See Corinth Pipeworks S.A.’s Letter re: DATES: Applicable August 27, 2018.
Antidumping Investigation of Large Diameter The large diameter welded pipe that is
subject to this investigation is currently FOR FURTHER INFORMATION CONTACT:
Welded Pipe from Greece—Request for
Postponement of Final Determination and classifiable in the Harmonized Tariff David Cordell or Sally C. Gannon,
Provisional Measures Period, dated July 19, 2018. Schedule of the United States (HTSUS) under Bilateral Agreements Unit, Office of
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![43644 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices
a hearing is made, Commerce intends to on February 20, 2018.1 On June 8, 2018, Memorandum.6 Commerce is
hold the hearing at the U.S. Department Commerce postponed the preliminary preliminarily modifying the scope
of Commerce, 1401 Constitution Avenue determination of this investigation; the language as it appeared in the Initiation
NW, Washington, DC 20230, at a date revised deadline is now August 20, Notice. See the revised scope in
and time to be determined. Commerce 2018.2 For a complete description of the Appendix I to this notice.
will issue a notice of final results of this events that followed the initiation of Methodology
full sunset review, which will include this investigation, see the Preliminary
the results of its analysis of issues raised Decision Memorandum.3 A list of topics Commerce is conducting this
in any such comments, no later than included in the Preliminary Decision investigation in accordance with section
October 1, 2018. Memorandum is included as Appendix 731 of the Act. Pursuant to section
This five-year (sunset) review and II to this notice. The Preliminary 776(a) and (b) of the Act, we have
notice are in accordance with sections Decision Memorandum is a public preliminarily relied upon facts
751(c), 752(c), and 777(i)(1) of the Act document and is on file electronically otherwise available, with adverse
and 19 CFR 351.218(f)(1). via Enforcement and Compliance’s inferences (AFA), for the China-wide
Antidumping and Countervailing Duty entity. As AFA, we have assigned the
Dated: August 21, 2018. highest margin alleged in the Petition of
Gary Taverman
Centralized Electronic Service System
(ACCESS). ACCESS is available to 132.63 percent.7 For a full description of
Deputy Assistant Secretary for Antidumping the methodology underlying
and Countervailing Duty Operations,
registered users at https://
access.trade.gov, and to all parties in the Commerce’s preliminary determination,
performing the non-exclusive functions and see the Preliminary Decision
duties of the Assistant Secretary for Central Records Unit, room B8024 of the
main Department of Commerce Memorandum.
Enforcement and Compliance.
[FR Doc. 2018–18436 Filed 8–24–18; 8:45 am] building. In addition, a complete Combination Rates
BILLING CODE 3510–DS–P
version of the Preliminary Decision In the Initiation Notice,8 Commerce
Memorandum can be accessed directly stated that it would calculate producer/
at http://enforcement.trade.gov/frn/. exporter combination rates for the
DEPARTMENT OF COMMERCE The signed and electronic versions of respondents that are eligible for a
the Preliminary Decision Memorandum separate rate in this investigation. Policy
International Trade Administration are identical in content. Bulletin 05.1 describes this practice.9 In
[A–570–077] Scope of the Investigation this case, because no respondent
qualified for a separate rate, producer/
The product covered by this
Large Diameter Welded Pipe From the exporter combination rates were not
investigation is welded pipe from
People’s Republic of China: calculated.
China. For a complete description of the
Preliminary Determination of Sales at scope of this investigation, see Preliminary Determination
Less Than Fair Value Appendix I. Commerce preliminarily determines
AGENCY: Enforcement and Compliance, Scope Comments that the following estimated weighted-
International Trade Administration, average dumping margin exists:
In accordance with the preamble to
Department of Commerce.
Commerce’s regulations,4 the Initiation Estimated
SUMMARY: The Department of Commerce Notice set aside a period of time for weighted-
(Commerce) preliminarily determines parties to raise issues regarding product average
that large diameter welded pipe (welded Exporter
coverage (i.e. scope).5 Certain interested dumping
pipe) from the People’s Republic of margin
parties commented on the scope of the (percent)
China (China) is being, or is likely to be, investigation as it appeared in the
sold in the United States at less than fair Initiation Notice. For a summary of the China-wide Entity .................. 132.63
value (LTFV). The period of product coverage comments and
investigation (POI) is July 1, 2017, rebuttal responses submitted to the Suspension of Liquidation
through December 31, 2017. Interested record for this investigation, and
parties are invited to comment on this In accordance with section 733(d)(2)
accompanying discussion and analysis of the Act, Commerce will direct CBP to
preliminary determination. of all comments timely received, see the suspend liquidation of subject
DATES: Applicable August 27, 2018. Preliminary Scope Decision
FOR FURTHER INFORMATION CONTACT: 6 See Memorandum, ‘‘Large Diameter Welded
Trenton Duncan or Ryan Mullen, AD/ 1 See Large Diameter Welded Pipe from Canada, Pipe from Canada, Greece, India, the People’s
CVD Operations, Office V, Enforcement Greece, India, the People’s Republic of China, the Republic of China, the Republic of Korea, and the
Republic of Korea, and the Republic of Turkey: Republic of Turkey: Scope Comments Decision
and Compliance, International Trade Initiation of Less-Than-Fair-Value Investigations, 83 Memorandum for the Preliminary Determinations’’
Administration, U.S. Department of FR 7154 (February 20, 2018) (Initiation Notice). (Preliminary Scope Decision Memorandum), dated
Commerce, 1401 Constitution Avenue 2 See Large Diameter Welded Pipe from Canada,
June 19, 2018.
NW, Washington, DC 20230; telephone: Greece, India, the People’s Republic of China, the 7 See Petitioners’ Letter, ‘‘Response to the
Republic of Korea, and the Republic of Turkey: Department’s January 23, 2018 Supplemental
(202) 482–3539 or (202) 482–5260, Postponement of Preliminary Determinations in Questions Regarding Volume VIII of the Petition for
respectively. Less-Than-Fair-Value Investigations, 83 FR 27953 the Imposition of Antidumping and Countervailing
(June 15, 2018). Duties,’’ dated January 25, 2018,’’ at Exhibit AD–
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with NOTICES1
3 See Memorandum, ‘‘Decision Memorandum for CN–Supp–3.
Background the Preliminary Determination in the Less-Than- 8 See Initiation Notice at 7160.
Fair-Value Investigation of Large Diameter Welded 9 See Enforcement and Compliance’s Policy
This preliminary determination is Pipe from People’s Republic of China,’’ dated Bulletin No. 05.1, regarding, ‘‘Separate-Rates
made in accordance with section 733(b) concurrently with, and hereby adopted by, this Practice and Application of Combination Rates in
notice (Preliminary Decision Memorandum). Antidumping Investigations involving Non-Market
of the Tariff Act of 1930, as amended 4 See Antidumping Duties; Countervailing Duties,
Economy Countries,’’ (April 5, 2005) (Policy
(the Act). Commerce published the Final Rule, 62 FR 27296, 27323 (May 19, 1997). Bulletin 05.1), available on Commerce’s website at
notice of initiation of this investigation 5 See Initiation Notice. http://enforcement.trade.gov/policy/bull05-1.pdf.
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Document Created: 2018-08-25 01:48:50
Document Modified: 2018-08-25 01:48:50
| 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 August 27, 2018. | |
| Contact | David Cordell or Sally C. Gannon, Bilateral Agreements Unit, Office of Policy and Negotiations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-0408 or 202-482- 0162, respectively. | |
| FR Citation | 83 FR 43642 |
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