[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22809-22813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10439]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-835]
Dried Tart Cherries From the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 13, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Wood at (202) 482-1959 or Alice
Maldonado at (202) 482-4682; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On April 23, 2019, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) Petition concerning imports of dried
tart cherries (cherries) from the Republic of Turkey (Turkey).\1\ The
AD Petition was filed in proper form by the Dried Tart Cherry Trade
Committee (the petitioner).\2\ The AD Petition was accompanied by a
countervailing duty (CVD) Petition concerning imports of cherries from
Turkey.
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\1\ See the Petitioner's Letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Dried Tart Cherries from
the Republic of Turkey,'' dated April 23, 2019 (the AD Petition).
\2\ Id. at 1-3.
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On April 25, and May 1, 2019, Commerce requested supplemental
information pertaining to certain aspects of the AD Petition in
separate supplemental questionnaires.\3\
[[Page 22810]]
Responses to the supplemental questionnaires were filed on April 29 and
May 2, 2019.\4\
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\3\ See Commerce Letter re: Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Dried Tart
Cherries from the Republic of Turkey: Supplemental Questions, dated
April 25, 2019; Commerce Letter re: Petition for the Imposition of
Antidumping Duties on Imports of Dried Tart Cherries from the
Republic of Turkey: Supplemental Questions, dated April 25, 2019;
and Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated
May 1, 2019.
\4\ See the Petitioner's Letters, ``Dried Tart Cherries from
Turkey: Response to General Issues Questionnaire,'' dated April 29,
2019 (General Issues Supplement); ``Dried Tart Cherries from Turkey:
Response to Antidumping Questionnaire,'' (AD Supplement) dated April
29, 2019; and ``Dried Tart Cherries from Turkey: Supplemental
Response to Antidumping Questionnaire,'' (Second AD Supplement)
dated May 2, 2019.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of cherries from
Turkey are being, or are likely to be, sold in the United States at
less than fair value (LTFV) within the meaning of section 731 of the
Act, and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing cherries in the
United States. Consistent with section 732(b)(1) of the Act, the AD
Petition was accompanied by information reasonably available to the
petitioner supporting its allegations.
Commerce finds that the petitioner filed the AD Petition on behalf
of the domestic industry, because the petitioner is an interested
party, as defined in section 771(9)(E) of the Act. Commerce also finds
that the petitioner demonstrated sufficient industry support with
respect to the initiation of the requested AD investigation.\5\
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\5\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because the AD Petition was filed on April 23, 2019, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is April 1, 2018,
through March 31, 2019.
Scope of the Investigation
The product covered by this investigation is cherries from Turkey.
For a full description of the scope of this investigation, see the
Appendix to this notice.
Comments on Scope of the Investigation
During our review of the AD Petition, we contacted the petitioner
regarding the proposed scope to ensure that the scope language in the
AD Petition is an accurate reflection of the products for which the
domestic industry is seeking relief.\6\ As a result, the scope of the
AD Petition was modified to clarify the description of the merchandise
covered by the AD Petition. The description of the merchandise covered
by this investigation, as described in the Appendix to this notice,
reflects these clarifications.
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\6\ See General Issues Supplement, at 3-8 and Exhibit 7.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\7\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit scope comments by
5:00 p.m. Eastern Time (ET) on June 3, 2019, which is 20 calendar days
from the signature date of this notice.\8\ Any rebuttal comments, which
may include factual information, must be filed by 5:00 p.m. ET on June
13, 2019, which is 10 calendar days from the initial comment
deadline.\9\ If scope comments include factual information,\10\ all
such factual information should be limited to public information.
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\8\ Because the deadline falls on a Sunday (i.e., June 2, 2019),
the deadline becomes the next business day (i.e., June 3, 2019).
\9\ See 19 CFR 351.303(b).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must also be filed
on the record of the concurrent CVD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of cherries to be reported
in response to Commerce's AD questionnaire. This information will be
used to identify the key physical characteristics of the subject
merchandise in order to report the relevant costs of production
accurately as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by producers to
describe cherries, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, all product
characteristics comments must be filed by 5:00 p.m. ET on June 3, 2019,
which is 20 calendar days from the signature date of this notice.\12\
Any rebuttal comments must be filed by 5:00 p.m. ET on June 13, 2019.
All comments and submissions to Commerce must be filed electronically
using ACCESS, as
[[Page 22811]]
explained above, on the record of the AD investigation.
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\12\ See 19 CFR 351.303(b). Because the deadline falls on a
Sunday (i.e., June 2, 2019), the deadline becomes the next business
day (i.e., June 3, 2019).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the Petition.\15\ Based on our analysis of the information submitted
on the record, we have determined that cherries, as defined in the
scope, constitute a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\16\
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\15\ See Volume I of the Petition, at 11-13 and Exhibit I-8.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Initiation Checklist: Dried Tart Cherries from the
Republic of Turkey (AD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Dried Tart Cherries from the Republic of
Turkey (Attachment II). This checklist is dated concurrently with
this notice and is on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the Central Records
Unit, Room B8024 of the main Department of Commerce building.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own 2018 shipments of the domestic like product and compared this to
the estimated total shipments of the domestic like product for the
entire domestic industry, as reported by the Cherry Industry
Administrative Board.\17\ The petitioner estimated the production of
the domestic like product for the entire domestic industry based on
shipment data. This is because production data for the entire domestic
industry are not available for 2018, and the petitioner has established
that shipments are a reasonable proxy for data on production of
cherries.\18\ We relied on data provided by the petitioner for purposes
of measuring industry support.\19\
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\17\ See Volume I of the Petition, at 6-7 and Exhibits I-2 and
I-5; see also General Issues Supplement, at 8-10 and Exhibit 11.
\18\ See Volume I of the Petition, at 6-7 and Exhibits I-2 and
I-5; see also General Issues Supplement, at Exhibit 11.
\19\ For further discussion, see AD Initiation Checklist, at
Attachment II.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.
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\20\ See AD Initiation Checklist, at Attachment II.
\21\ See section 732(c)(4)(D) of the Act; see also AD Initiation
Checklist, at Attachment II.
\22\ See AD Initiation Checklist, at Attachment II.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ See Volume I of the Petition, at 18 and Exhibit I-10.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
adverse impact on the domestic industry's production, capacity
utilization, U.S. shipments, employment, and financial and operating
performance; and lost sales and revenues.\25\ We have assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and
[[Page 22812]]
meet the statutory requirements for initiation.\26\
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\25\ Id. at 15-27 and Exhibits I-5, I-9, I-10, I-13, and I-14.
\26\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Dried Tart
Cherries from the Republic of Turkey (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate this AD
investigation of imports of cherries from Turkey.
Export Price
The petitioner based the U.S. price on average unit values (AUVs)
of publicly available import data.\27\ The petitioner did not make
deductions from U.S. price for movement or other expenses.\28\
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\27\ See AD Initiation Checklist.
\28\ Id.
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Normal Value
The petitioner based normal value (NV) on home market prices
obtained through market research for cherries offered for sale in
Turkey within the proposed POI.\29\ The petitioner calculated net home
market prices, adjusted as appropriate.\30\
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\29\ Id.
\30\ Id. In accordance with section 505(a) of the Trade
Preferences Extension Act of 2015, amending section 773(b)(2) of the
Act, for this investigation, Commerce will request information
necessary to calculate the constructed value and cost of production
(COP) to determine whether there are reasonable grounds to believe
or suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product. Commerce no
longer requires a COP allegation to conduct this analysis.
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Fair Value Comparisons
Based on the data provided by the AD Petition, there is reason to
believe that imports of cherries from Turkey are being, or are likely
to be, sold in the United States at LTFV. Based on comparisons of U.S.
price to NV in accordance with sections 772 and 773 of the Act, the
estimated dumping margins for cherries from Turkey covered by this
initiation range from 347.24 to 648.35 percent.\31\
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\31\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the AD Petition, and supplemental
responses, we find that the AD Petition meets the requirements of
section 732 of the Act. Therefore, we are initiating an AD
investigation to determine whether imports of cherries from Turkey are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
The petitioner named 24 companies in Turkey as producers/exporters
of cherries.\32\ Following standard practice in AD investigations
involving market economy countries, in the event Commerce determines
that the number of companies is large and it cannot individually
examine each company based upon Commerce's resources, where
appropriate, Commerce intends to select respondents in Turkey based on
U.S. Customs and Border Protection (CBP) data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed with the scope in the Appendix, below.\33\
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\32\ See Volume I of the Petition, at Exhibit I-9.
\33\ See, e.g., Polyester Textured Yarn from India and the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 58223, 58227 (November 19, 2018).
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On May 10, 2019, Commerce released CBP data on imports of cherries
from Turkey under APO to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on the CBP data must do so within three business days of the
publication date of the notice of initiation of this investigation.\34\
We further stated that we will not accept rebuttal comments.
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\34\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Dried Tart Cherries from the Republic of Turkey: Release of Customs
Data from U.S. Customs and Border Protection;'' dated May 10, 2019.
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Distribution of Copies of the AD Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petition have been
provided to the Government of Turkey via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petition to each exporter named in the AD Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petition was filed, whether there is a reasonable
indication that imports of cherries from Turkey are materially
injuring, or threatening material injury to, a U.S. industry.\35\ A
negative ITC determination will result in the investigation being
terminated.\36\ Otherwise, the investigation will proceed according to
statutory and regulatory time limits.
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\35\ See section 733(a) of the Act.
\36\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \37\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\38\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\37\ See 19 CFR 351.301(b).
\38\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of constructed value under section 773(e) of the Act.\39\
Section 773(e) of the Act states that ``if a particular market
situation exists such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists
[[Page 22813]]
under section 773(e) of the Act, then it will modify its dumping
calculations appropriately.
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\39\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule).
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers dried tart cherries,
which may also be referred to as, e.g., dried sour cherries or dried
red tart cherries. Dried tart cherries may be processed from any
variety of tart cherries. Tart cherries are generally classified as
Prunus cerasus. Types of tart cherries include, but are not limited
to, Amarelle, Kutahya, Lutowka, Montmorency, Morello, and
Oblacinska. Dried tart cherries are covered by the scope of this
investigation regardless of the horticulture method through which
the cherries were produced (e.g., organic or not), whether or not
they contain any added sugar or other sweetening matter, whether or
not they are coated in oil or rice flour, whether infused or not
infused, and regardless of the infusion ingredients, including
sugar, sucrose, fruit juice, and any other infusion ingredients. The
scope includes partially rehydrated dried tart cherries that retain
the character of dried fruit. The subject merchandise covers all
shapes, sizes, and colors of dried tart cherries, whether pitted or
unpitted, and whether whole, chopped, minced, crumbled, broken, or
otherwise reduced in size. The scope covers dried tart cherries in
all types of packaging, regardless of the size or packaging
material.
Included in the scope of this investigation are dried tart
cherries that otherwise meet the definition above that are packaged
with non-subject products, including, but not limited to, mixtures
of dried fruits and mixtures of dried fruits and nuts, where the
smallest individual packaging unit of any such product contains a
majority (i.e., 50 percent or more) of dried tart cherries by dry
net weight. Only the dried tart cherry components of such products
are covered by this investigation; the scope does not include the
non-subject components of such products.
Included in the scope of this investigation are dried tart
cherries that have been further processed in a third country,
including but not limited to processing by stabilizing, preserving,
sweetening, adding oil or syrup, coating, chopping, mincing,
crumbling, packaging with non-subject products, or other packaging,
or any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the dried tart cherries.
Excluded from the scope of this investigation are dried tart
cherries that have been incorporated as an ingredient in finished
bakery and confectionary items (cakes, cookies, candy, granola bars,
etc.).
The subject merchandise is currently classifiable under
0813.40.3000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The subject merchandise may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060, 2006.00.2000,
2006.00.5000, and 2008.60.0060. The HTSUS subheadings set forth
above are provided for convenience and U.S. customs purposes only.
The written description of the scope is dispositive.
[FR Doc. 2019-10439 Filed 5-17-19; 8:45 am]
BILLING CODE 3510-DS-P