[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Notices]
[Pages 15192-15193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06558]



[[Page 15192]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of the Changed Circumstances Review of Lanling Qingshui 
Vegetable Foods Co., Ltd.

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

SUMMARY: On October 23, 2014, the Department of Commerce (Department) 
initiated a changed circumstance review (CCR) of the antidumping duty 
(AD) order on fresh garlic from the People's Republic of China (PRC) in 
response to a request from Lanling Qingshui Vegetable Foods Co., Ltd. 
(Qingshui), a producer/exporter of fresh and peeled garlic from the 
People's Republic of China (PRC).\1\ Pursuant to section 751(b) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the 
Department preliminarily determines that Qingshui is the successor-in-
interest to Cangshan Qingshui Vegetable Foods Co., Ltd. (Cangshan 
Qingshui). We invite interested parties to comment on these preliminary 
results.
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    \1\ See Fresh Garlic from the People's Republic of China: 
Initiation of Changed Circumstances Review, 79 FR 63381 (October 23, 
2014) (CCR Initiation Notice).

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DATES: Effective March 23, 2015.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., 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-
4340.

SUPPLEMENTARY INFORMATION: 

Background

    On November 16, 1994, the Department published the AD order on 
fresh garlic from the PRC in the Federal Register.\2\ On September 4, 
2014, Qingshui requested that the Department conduct a CCR pursuant to 
section 751(b)(1) of the Act and 19 CFR 351.216(b) to determine that it 
is the successor-in-interest to Cangshan Qingshui for purposes of the 
Order.\3\ We received comments from no other parties.
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    \2\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
    \3\ See Letter from Qingshui to the Secretary of Commerce, 
``Request for Request for Expedited Changed Circumstances 
Determination--Fresh Garlic from the People's Republic of China 
(Case No. A-570-831),'' September 4, 2014 (Qingshui CCR Request).
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    Based on this information, the Department initiated this CCR on 
October 16, 2014, explaining that while there was sufficient evidence 
to initiate a changed circumstances review, the Department needed to 
request additional information for this review as provided by 19 CFR 
351.221(b)(2).\4\ On October 29, 2014, the Department issued its 
initial CCR questionnaire to Qingshui, and Qingshui timely responded to 
the Department's questionnaire.\5\ The Department did not receive 
comments from other interested parties concerning Qingshui's 
questionnaire response.
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    \4\ CCR Initiation Notice.
    \5\ See Letter to Qingshui from Mark E. Hoadley, AD/CVD 
Operations, Program Manager, Office VII, Enforcement and Compliance, 
``Fresh Garlic from the People's Republic of China: Changed 
Circumstances Review--Lanling Qingshui/Cangshan Qingshui,'' October 
29, 2014 (Qingshui CCR Questionnaire); see also Letter from Qingshui 
to the Secretary of Commerce, ``Changed Circumstances 
Determination--Fresh Garlic from the People's Republic of China 
(Case No. A-570-831)--Response to Questionnaire,'' November 18, 2014 
(Qingshui CCR Questionnaire Response).
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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. The subject 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings: 0703.20.0000, 
0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 
0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 0703.20.0005, 
2005.99.9700 and 0703.20.0015. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written product 
description is dispositive.
    A complete description of the scope of the order is contained in 
the Preliminary Decision Memorandum.\6\ 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 ACCESS is available to 
all parties in the Central Records Unit, room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \6\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the 
Preliminary Results of the Antidumping Duty Changed Circumstances 
Review of Fresh Garlic from the People's Republic of China: Lanling 
Qingshui Vegetable Foods Co., Ltd.,'' dated concurrently and hereby 
adopted in this notice.
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Methodology

    In accordance with section 751(b)(1) of the Act, we are conducting 
this changed circumstances review based upon the information contained 
in Qingshui's submissions.\7\ In making 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.\8\ 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 of the successor are not materially dissimilar to that of 
its predecessor.\9\ 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.\10\ For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.
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    \7\ See Qingshui CCR Request and Qingshui CCR Questionnaire 
Response.
    \8\ 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).
    \9\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327, 327 (January 4, 2006).
    \10\ 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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Preliminary Results of the Changed Circumstances Review

    Based on the evidence reviewed, we preliminarily determine that 
Qingshui is the successor-in-interest to Cangshan Qingshui. 
Specifically, we find that any changes that may have occurred after 
``Cangshan Qingshui Vegetable Foods Co., Ltd'' became ``Lanling 
Qingshui Vegetable Foods Co., Ltd.'' did not constitute material 
changes to management, production facilities, supplier relationships, 
customer relationships, or ownership/legal

[[Page 15193]]

structure with respect to the production and sale of the subject 
merchandise. Thus, we preliminarily determine that Qingshui operates as 
the same business entity as Cangshan Qingshui with respect to the 
subject merchandise. A list of topics discussed in the Preliminary 
Decision Memorandum appears in the Appendix to this notice.
    If the Department upholds these preliminary results in the final 
results, Qingshui will be assigned the cash deposit rate currently 
assigned to Cangshan Qingshui with respect to the subject merchandise 
(i.e., the $3.06 per kilogram cash deposit rate currently assigned to 
Cangshan Qingshui).\11\ If these preliminary results are adopted in the 
final results of this changed circumstances review, we will instruct 
U.S. Customs and Border Protection to suspend liquidation of entries of 
fresh garlic made and exported by Qingshui, effective on the 
publication date of the final results, at the cash deposit rate 
assigned to Cangshan Qingshui.
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    \11\ See Fresh Garlic From the People's Republic of China: Final 
Results of the Semiannual Antidumping Duty New Shipper Review of 
Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable 
Foods Co., Ltd.; 2012-2013, 79 FR 62103, (October 16, 2014).
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Public Comment

    Interested parties may submit written comments by no later than 30 
days after the date of publication of these preliminary results of 
review in the Federal Register.\12\ Rebuttals, limited to issues raised 
in the written comments, may be filed by no later than five days after 
the written comments are filed.\13\ Parties that submit written 
comments or rebuttals are encouraged to submit with each argument: (1) 
A statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities.\14\ All briefs are to be filed electronically 
using ACCESS.\15\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
day on which it is due.\16\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1).
    \14\ See 19 CFR 351.309(c)(2) & (d)(2).
    \15\ See 19 CFR 351.303(b) and (f).
    \16\ See 19 CFR 351.303(b)
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    Any interested party may request a hearing to the Assistant 
Secretary of Enforcement and Compliance using ACCESS within 30 days of 
publication of this notice in the Federal Register.\17\ 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.\18\ 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.\19\
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    \17\ See 19 CFR 351.310(c).
    \18\ See id.
    \19\ See 19 CFR 351.310(d).
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Final Results of the Review

    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this changed circumstances review, not later 
than 270 days after the date on which the review is initiated.

Notification to Parties

    The Department issues and publishes these results in accordance 
with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 
351.221.

    Dated: March 17, 2015.
Paul Piquado,
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. Preliminary Results of Changed Circumstances Review
V. Recommendation

[FR Doc. 2015-06558 Filed 3-20-15; 8:45 am]
 BILLING CODE 3510-DS-P