[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Notices]
[Pages 46250-46251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18708]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Initiation of
Antidumping Duty New Shipper Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 21, 2014, the Department received a timely request for
NSR from Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua), in accordance
with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.214(c). The Department of Commerce (Department)
has determined that the request for a new shipper review (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, 2013, through
April 30, 2014.
DATES: Effective Date: August 7, 2014.
FOR FURTHER INFORMATION CONTACT: Milton Koch, 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) 482-2584.
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
21, 2014, the Department received a timely request for NSR from Kaihua.
Kaihua certified that it is the exporter and producer of the fresh
garlic upon which the request for a NSR is based. Pursuant
[[Page 46251]]
to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i),
Kaihua certified that it did not export fresh garlic for sale to the
United States during the period of investigation (POI).\2\ Moreover,
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Kaihua 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.\3\ 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.\4\ Kaihua also certified it had no
subsequent shipments of subject merchandise.\5\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic From the People's
Republic of China, 59 FR 59209 (November 16, 1994).
\2\ See Kaihua's request for an NSR dated May 21, 2014 at
Exhibit 1.
\3\ Id.
\4\ Id.
\5\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Kaihua submitted documentation establishing the
following: (1) The dates on which the fresh garlic was first entered;
(2) the volumes of those shipments; and (3) the date of its first sale
to an unaffiliated customer in the United States.\6\
---------------------------------------------------------------------------
\6\ See Kaihua's request for an NSR at Exhibit 2.
---------------------------------------------------------------------------
The Department queried the database of U.S. Customs and Border
Protection (CBP) in an attempt to confirm that shipment reported by
Kaihua had entered the United States for consumption and that
liquidation had been properly suspended for antidumping duties. The
information which the Department examined was consistent with that
provided by Kaihua in its request.\7\
---------------------------------------------------------------------------
\7\ See Memo to the File from Milton Koch, International Trade
Compliance Analyst, ``New Shipper Reviews of the Antidumping Duty
Order on Fresh Garlic from the People's Republic of China: Customs
Entries from November 1, 2014, to April 30, 2014,'' dated August 1,
2014.
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
an 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. Within one year
of the date on which its fresh garlic was first entered, Kaihua made
the request for an NSR that included all documents and information
required by the statute and regulations. Its request was filed in May,
which is the semiannual anniversary month of the order. Therefore, the
POR is November 1, 2013, through April 30, 2014.\8\
---------------------------------------------------------------------------
\8\ 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 Kaihua's
request meets the threshold requirements for initiation of an NSR and,
therefore, is initiating an NSR of Kaihua. 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.\9\
---------------------------------------------------------------------------
\9\ 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.\10\
Accordingly, the Department will issue questionnaires to Kaihua that
include a separate rate section. The review will proceed if the
responses provide sufficient indication that the exporter and producer
are not subject to either de jure or de facto government control with
respect to their exports of fresh garlic.
---------------------------------------------------------------------------
\10\ See Import Administration Policy Bulletin, Number: 05.1.
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------
The Department will instruct CBP to allow, at the option of the
importer, the posting, until the completion of the review, of a bond or
security in lieu of a cash deposit for certain entries of the subject
merchandise from Kaihua in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Specifically, the bonding privilege will
only apply to entries of subject merchandise exported and produced by
Kaihua, the sales of which are the basis for this NSR request.
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: August 1, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-18708 Filed 8-6-14; 8:45 am]
BILLING CODE 3510-DS-P