[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51112-51114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21003]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-835]
Dried Tart Cherries From the Republic of Turkey: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that dried tart cherries (cherries) from the Republic of Turkey
(Turkey) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is April
1, 2018 through March 31, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable September 27, 2019.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Alice Maldonado, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-1959 or (202) 482-4682,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 20,
2019.\1\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. 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 https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Dried Tart Cherries from the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigation, 84 FR 22809 (May
20, 2019) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Dried
Tart Cherries from the Republic of Turkey,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are dried tart cherries
from Turkey. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice, 84 FR at 22810.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available with
adverse inferences for Isik Tarim Urunleri Sanayi ve Ticaret A.S. (Isik
Tarim) and Yamanlar Tarim Urunleri (Yamanlar). For a full description
of the methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any
[[Page 51113]]
margins determined entirely under section 776 of the Act. We cannot
apply the methodology described in section 735(c)(5)(A) of the Act to
calculate the all-others rate, as the margins in this preliminary
determination were calculated entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. In cases where dumping
margins are determined entirely under section 776 of the Act for
individually examined entities, Commerce's normal practice under these
circumstances is to calculate the all-others rate as a simple average
of the alleged dumping margin(s) from the petition.\5\ Therefore, as
the all-others rate, we are assigning the simple average of the dumping
margins alleged in the Petition, which is 541.29 percent. For a full
description of the methodology underlying Commerce's analysis, see the
Preliminary Decision Memorandum.
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\5\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
dumping margins exist during the period April 1, 2018 through March 31,
2019:
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Margin
Producer/exporter (percent)
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Isik Tarim Urunleri Sanayi ve Ticaret A.S................... **648.35
Yamanlar Tarim Urunleri..................................... **648.35
All Others.................................................. 541.29
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**Adverse Facts Available (AFA)
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated dumping margin or the estimated all-others rate, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated simple-average dumping margin. These
suspension of liquidation instructions will remain in effect until
further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. However, in this investigation, we made no adjustments to
the all-others antidumping cash deposit rates because Commerce made no
findings in the companion CVD investigation that any of the subsidies
in question are export subsidies.\6\
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\6\ See Dried Tart Cherries from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination (signed on
July 31, 2019);see also Circular Welded Carbon-Quality Steel Pipe
from Pakistan: Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 36867 (June 8, 2016) and
accompanying Preliminary Decision Memorandum at page 13, unchanged
in Circular Welded Carbon-Quality Steel Pipe from Pakistan: Final
Affirmative Determination of Sales at Less Than Fair Value, 81 FR
75028 (October 28, 2016).
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined companies, Isik Tarim and Yamanlar, in
this investigation, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the petition, there are no
calculations to disclose.
Verification
Because the examined respondents in this investigation did not
respond to the antidumping questionnaire, we will not conduct
verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation 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.
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\7\ See 19 CFR 351.309; see also, 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for 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 time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
[[Page 51114]]
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Product Characteristics
VII. Application of Facts Available and Use of Adverse Inference
VIII. All Others Rate
IX. Verification
X. Recommendation
[FR Doc. 2019-21003 Filed 9-26-19; 8:45 am]
BILLING CODE 3510-DS-P