[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Notices]
[Pages 63381-63382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25259]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Changed Circumstances Review

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

SUMMARY: The Department of Commerce (the Department) received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC). Based upon a request filed by Lanling Qingshui 
Vegetable Foods Co., Ltd. (Lanling Qingshui), the Department intends to 
determine in this review whether Lanling Qingshui is the successor-in-
interest of Cangshan Qingshui Vegetable Foods Co., Ltd. (Cangshan 
Qingshui), a producer/exporter examined in prior administrative reviews 
of the order.\1\
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    \1\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).

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DATES: Effective Date: October 23, 2014.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482-2371 or Jacky 
Arrowsmith at (202) 482-5255, AD/CVD Operations, Office I, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 16, 1994, the Department published notice of the Order 
in the Federal Register.\2\ On September 5, 2014, Lanling Qingshui 
requested that the Department conduct a changed circumstances review 
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), 19 CFR 351.216 and 19 CFR 351.221(c)(3), to determine that 
it is the successor-in-interest to Cangshan Qingshui for purposes of 
the Order. In its request, Lanling Qingshui provided its business 
licenses before and after the name change, a government document 
indicating the county name change which led to the company's name 
change, and information on its ownership and customers. We received no 
comments from other interested parties.
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    \2\ See id.
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Scope of the Order

    The products covered by the order are all grades of garlic, whole 
or separated into constituent cloves, whether or not peeled, fresh, 
chilled, frozen, water or other neutral substance, but not prepared or 
preserved by the addition of other ingredients or heat processing. The 
differences between grades are based on color, size, sheathing, and 
level of decay. The scope of the order does not include the following: 
(a) Garlic that has been mechanically harvested and that is primarily, 
but not exclusively, destined for non-fresh use; or (b) garlic that has 
been specially prepared and cultivated prior to planting and then 
harvested and otherwise prepared for use as seed. The subject 
merchandise is used principally as a food product and for seasoning. 
The subject garlic is currently classifiable under subheadings: 
0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,

[[Page 63382]]

0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of 
the United States (HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the order is 
dispositive. In order to be excluded from the order, garlic entered 
under the HTSUS subheadings listed above that is (1) mechanically 
harvested and primarily, but not exclusively, destined for non-fresh 
use or (2) specially prepared and cultivated prior to planting and then 
harvested and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection to that effect.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from, an interested party for a review of an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. In accordance with 19 CFR 351.216(d), 
the Department determines that the information submitted by Lanling 
Qingshui constitutes sufficient evidence to conduct a changed 
circumstances review of the Order.
    In a changed circumstances review involving a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\3\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations are essentially the same as those of the predecessor 
company.\4\ Thus, if the record demonstrates that, with respect to the 
production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\5\
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    \3\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \4\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327 (January 4, 2006).
    \5\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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    Based on the information provided in its submission, Lanling 
Qingshui provided sufficient evidence to warrant a review to determine 
if it is the successor-in-interest to Cangshan Qingshui. Therefore, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are 
initiating a changed circumstances review. However, the Department 
finds it is necessary to issue a questionnaire requesting additional 
information for this review, as provided for by 19 CFR 351.221(b)(2). 
For that reason, the Department is not conducting this review on an 
expedited basis by publishing preliminary results in conjunction with 
this notice of initiation. The Department will publish in the Federal 
Register a notice of the preliminary results of the changed 
circumstances review in accordance with 19 CFR 351.221(b)(4) and 19 CFR 
351.221(c)(3)(i). That notice will set forth the factual and legal 
conclusions upon which our preliminary results are based and a 
description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In 
accordance with 19 CFR 351.216(e), the Department intends to issue the 
final results of its antidumping duty changed circumstances review not 
later than 270 days after the date on which the review is initiated, or 
not later than 45 days if all parties to the proceeding agree to the 
outcome of the review.
    During the course of this changed circumstances review, we will not 
change the cash deposit requirements for the merchandise subject to 
review. The cash deposit will only be altered, if warranted, pursuant 
to the final results of this review.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: October 16, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-25259 Filed 10-22-14; 8:45 am]
BILLING CODE 3510-DS-P