Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 77959 

1See Antidumping Duty Order: Fresh Garlic from 

the People’s Republic of China, 59 FR 59209 

(November 16, 1994) (Order). 

2See Petitioners Letter, ‘‘Petitioners’ Request for 

Circumvention Ruling Pursuant to Section 781(c) of 

the Tariff Act of 1930, As Amended,’’ dated 

February 16, 2023 (Circumvention Request). 

3See Circumvention Request. 

4See Fresh Garlic From the People’s Republic of 

China: Initiation of Circumvention Inquiry on the 

Antidumping Duty Order, 88 FR 37510 (June 8, 

2023) (Initiation Notice), and accompanying 

Initiation Checklist. 

Island Ave, Brooklyn, NY 11223; and 

SUNTRONIC FZE, with an address at 

Shiekh Khalifa Bin Zayed St-Amberjem 

Tower E1/913 Ajman, United Arab 

Emirates; and when acting for or on 

their behalf, any successors or assigns, 

agents, or employees (each a ‘‘Denied 

Person’’ and collectively the ‘‘Denied 

Persons’’) may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR, or in any other 

activity subject to the EAR; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or in any 

other activity subject to the EAR. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of a Denied Person any item subject to 

the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a Denied Person of the ownership, 

possession, or control of any item 

subject to the EAR that has been or will 

be exported from the United States, 

including financing or other support 

activities related to a transaction 

whereby a Denied Person acquires or 

attempts to acquire such ownership, 

possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from a Denied Person of any 

item subject to the EAR that has been 

exported from the United States; 

D. Obtain from a Denied Person in the 

United States any item subject to the 

EAR with knowledge or reason to know 

that the item will be, or is intended to 

be, exported from the United States; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a Denied Person if such 

service involves the use of any item 

subject to the EAR that has been or will 

be exported from the United States. For 

purposes of this paragraph, servicing 

means installation, maintenance, repair, 

modification or testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to Nikolay Goltsev, 

Salimdzhon Nasriddinov, Kristina 

Puzyreva, Vladimir Bochkarev, Pavel 

Chernikov, Yekaterina Vetoshkina, Oleg 

Zenchenko, SH Brothers Group, Inc., SN 

Electronics, Inc., and Suntronic FZE by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions of this 

Order. 

In accordance with the provisions of 

section 766.24(e) of the EAR, Nikolay 

Goltsev, Salimdzhon Nasriddinov, 

Kristina Puzyreva, Vladimir Bochkarev, 

Pavel Chernikov, Yekaterina 

Vetoshkina, Oleg Zenchenko, SH 

Brothers Group, Inc., SN Electronics, 

Inc., and Suntronic FZE may, at any 

time, appeal this Order by filing a full 

written statement in support of the 

appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. Respondents 

Nikolay Goltsev, Salimdzhon 

Nasriddinov, Kristina Puzyreva, 

Vladimir Bochkarev, Pavel Chernikov, 

Yekaterina Vetoshkina, Oleg 

Zenchenko, SH Brothers Group, Inc., SN 

Electronics, Inc., and Suntronic FZE 

may oppose a request to renew this 

Order by filing a written submission 

with the Assistant Secretary for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be served 

on each denied person and shall be 

published in the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2023–25005 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Preliminary 

Affirmative Determination of 

Circumvention 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that imports of small and 

large garlic chunks from the People’s 

Republic of China (China) are 

circumventing the antidumping (AD) 

order on fresh garlic from China. 

DATES: Applicable November 14, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Charles DeFilippo or Jacob Saude, AD/ 

CVD Operations, Office VII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3797 or 

202–482–0981, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1994, Commerce 

published the AD order on imports of 

fresh garlic from China.1 On February 

16, 2023, the Fresh Garlic Producers 

Association and its individual members 

(collectively, the petitioners) requested 

that Commerce initiate a circumvention 

inquiry with regard to small and large 

garlic chunks that are exported to the 

United States from China.2 In the 

Circumvention Request, the petitioners 

alleged that small and large garlic 

chunks constitute merchandise altered 

in form or appearance in such minor 

respects that it should be included 

within the scope of the Order, pursuant 

to section 781(c) of the Tariff Act of 

1930, as amended (the Act) and 19 CFR 

251.226(j).3

On June 8, 2023, Commerce published 

in the Federal Register the notice of 

initiation of this circumvention 

inquiry.4 In the Initiation Notice, 


khammond on DSKJM1Z7X2PROD with NOTICES
77960 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Notices 

5See Initiation Notice. 

6 Id. 

7See Memorandum, ‘‘Fresh Garlic from the 

People’s Republic of China: Preliminary Affirmative 

Determination of Circumvention for Small and 

Large Garlic Chunks,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

8See Initiation Notice. 

9See Order. 

10See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

Commerce initiated the circumvention 

inquiry on the basis of the minor 

alterations allegation, pursuant to 

section 781(c) of the Act and 19 CFR 

351.226(j).5 Commerce initiated the 

inquiry on a country-wide basis.6 For a 

complete description of events that 

followed the initiation of this inquiry, 

see the Preliminary Decision 

Memorandum.7

Scope of the Order 

The merchandise covered by the 

Order is fresh garlic from China. The 

subject garlic is currently classifiable 

under subheadings: 0703.20.0005, 

0703.20.0010, 0703.20.0015, 

0703.20.0020, 0703.20.0000, 

0703.20.0090, 0710.80.7060, 

0710.80.97500, 0711.90.6000, 

0711.90.6500, 2005.90.9500, 

2005.90.9700, and 2005.99.9700 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. For a complete 

description of the scope of the Order, 

see the Preliminary Decision 

Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

small and large garlic chunks produced 

in China and exported to the United 

States. A complete description of the 

merchandise subject to the 

circumvention inquiry is contained in 

the Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this 

circumvention inquiry pursuant to 

section 781(c) of the Act and 19 CFR 

351.226(j). For a complete description of 

the methodology underlying the 

preliminary determination, see the 

Preliminary Decision Memorandum. A 

list of topics discussed in the 

Preliminary Decision Memorandum is 

attached as an appendix 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. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Preliminary Affirmative Determination 

of Circumvention 

As detailed in the Preliminary 

Decision Memorandum, we 

preliminarily determine that small and 

large garlic chunks produced in China 

and exported to the United States 

constitute merchandise altered in form 

or appearance in such minor respects 

that they should be included within the 

scope of the Order, pursuant to section 

781(c) of the Act and 19 CFR 351.226(j). 

We also preliminarily determine that 

this affirmative circumvention finding 

should be applied on a country-wide 

basis. 

Suspension of Liquidation 

In accordance with 19 CFR 

351.226(l)(2), we will direct U.S. 

Customs and Border Protection (CBP) to 

continue the suspension of liquidation 

of previously suspended entries and to 

suspend liquidation of all entries of 

small and large garlic chunks produced 

in and exported from China that are 

entered, or withdrawn from warehouse, 

for consumption on or after June 8, 

2023, (i.e., the date of the publication of 

the Initiation Notice).8 Pursuant to 19 

CFR 351.226(l)(2), we will also instruct 

CBP to require AD cash deposit rates in 

effect for fresh garlic for each 

unliquidated entry of small and large 

garlic chunks produced in and exported 

from China that have been entered, or 

withdrawn from warehouse, for 

consumption on or after June 8, 2023.9

These suspension of liquidation 

instructions and cash deposit 

requirements will remain in effect until 

further notice. 

Public Comment 

Pursuant to 19 CFR 351.226(f)(4), 

interested parties may submit case briefs 

or other written comments within 14 

days of the date of publication of this 

notice; seven days thereafter, interested 

parties may submit rebuttal comments. 

In accordance with 19 CFR 

351.226(f)(4), no new factual 

information will be accepted in the 

comments or rebuttal comments. 

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 within 30 days after the 

date of publication of this notice. 

Requests should contain: (1) the party’s 

name, address, and telephone number; 

(2) the number of participants; (3) 

whether any participant is a foreign 

national; and (4) a list of the issues to 

be discussed. If a request for a hearing 

is made, parties will be notified of the 

date and time for the hearing at a later 

date. Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date of the hearing. 

All submissions must be filed 

electronically and received successfully 

in their entirety via ACCESS by 5:00 

p.m. Eastern Time on the date that they 

are due. Note that Commerce has 

amended certain of its requirements 

pertaining to the service of documents 

in 19 CFR 351.303(f).10

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

section 781(c) of the Act and 19 CFR 

351.226(g)(1). 

Dated: November 6, 2023. 

Abdelali Elouaradia, 

Deputy 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. Merchandise Subject to the 

Circumvention Inquiry 

V. Statutory and Regulatory Framework: 

Minor Alterations 

VI. Circumvention Analysis 

VII. Preliminary Affirmative Determination of 

Circumvention 

VIII. Country-Wide Determination 

IX. Recommendation 

[FR Doc. 2023–24993 Filed 11–13–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–848] 

Truck and Bus Tires From Thailand: 

Initiation of Less-Than-Fair-Value 

Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable November 6, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Johnson or Faris Montgomery; 


khammond on DSKJM1Z7X2PROD with NOTICES