[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51109-51111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21006]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-836]
Dried Tart Cherries From the Republic of Turkey: Preliminary
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of dried tart cherries (cherries) from the Republic of Turkey
(Turkey). The period of investigation is January 1, 2018 through
December 31, 2018. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable September 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ajay Menon or Maria Tatarska, 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) 482-1993 or (202) 482-1562,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(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\ On July 3, 2019, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
September
[[Page 51110]]
20, 2019.\2\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed 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 http://access.trade.gov, and is available 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 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 Countervailing Duty Investigation, 84 FR 22813 (May
20, 2019) (Initiation Notice).
\2\ See Dried Tart Cherries from the Republic of Turkey:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation, 84 FR 31840 (July 3, 2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty 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 product covered by this investigation is 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,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, we relied in total
on facts available and, because we find that neither the Government of
Turkey nor the mandatory respondents acted to the best of their ability
to respond to Commerce's requests for information, we drew an adverse
inference in selecting from among the facts otherwise available.\7\ For
further information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual
estimated countervailable subsidy rates 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 subsidy rate for all other
producers or exporters. In this investigation, we preliminarily
determined the individually estimated subsidy rate for each of the
individually examined respondents based entirely on facts available
under section 776 of the Act. Consequently, pursuant to sections 703(d)
and 705(c)(5)(A)(ii) of the Act, we have established the all-others
rate by applying the countervailable subsidy rate assigned to the
mandatory respondents.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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Company Subsidy rate (percent)
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Isik Tarim Urunleri Sanayi ve Ticaret A.S...... 204.93
Yamanlar Tarim Urunleri........................ 204.93
All Others..................................... 204.93
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (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
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Because the examined respondents in this investigation did not
provide information requested by Commerce and Commerce preliminarily
determines each of the examined respondents to have been uncooperative,
it 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.\8\ 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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\8\ 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
[[Page 51111]]
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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our 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.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) 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. Scope of the Investigation
IV. Injury Test
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2019-21006 Filed 9-26-19; 8:45 am]
BILLING CODE 3510-DS-P