15192 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices 

1See Fresh Garlic from the People’s Republic of 

China: Initiation of Changed Circumstances Review, 

79 FR 63381 (October 23, 2014) (CCR Initiation 

Notice). 

2See Antidumping Duty Order: Fresh Garlic from 

the People’s Republic of China, 59 FR 59209 

(November 16, 1994) (Order). 

3See 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). 

4CCR Initiation Notice. 

5See 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). 

6See 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. 

7See Qingshui CCR Request and Qingshui CCR 

Questionnaire Response. 

8See, 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). 

9See, 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). 

10See, 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). 

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-ininterest to Cangshan Qingshui Vegetable 

Foods Co., Ltd. (Cangshan Qingshui). 

We invite interested parties to comment 

on these preliminary results. 

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. 

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. 

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. 

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. 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices 15193 

11See 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). 12See 19 CFR 351.309(c)(1)(ii). 

13See 19 CFR 351.309(d)(1). 

14See 19 CFR 351.309(c)(2) & (d)(2). 

15See 19 CFR 351.303(b) and (f). 

16See 19 CFR 351.303(b) 

17See 19 CFR 351.310(c). 

18See id. 19See 19 CFR 351.310(d). 

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. 

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

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

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD844 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Greater Atlantic Region, NMFS, has 

made a preliminary determination that 

an Exempted Fishing Permit application 

contains all of the required information 

and warrants further consideration. This 

Exempted Fishing Permit would allow 

one commercial fishing vessel to fish 

outside of the limited access scallop 

days-at-sea program in support of 

research conducted by the National 

Fisheries Institute that is investigating 

scallop incidental mortality in the 

scallop dredge fishery. Additionally, the 

Exempted Fishing Permit would exempt 

participating vessels from the crew size 

restriction; mesh size restrictions; 

obstruction in gear restrictions; and 

possession limits and minimum size 

requirements for sampling purposes 

only. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed Exempted 

Fishing Permits. 

DATES: Comments must be received on 

or before April 7, 2015. 

ADDRESSES: You may submit written 

comments by any of the following 

methods: 

• Email: nmfs.gar.efp@noaa.gov. 

Include in the subject line ‘‘Comments 

on NFI 2014 Incidental Discard 

Mortality EFP.’’ 

• Mail: John K. Bullard, Regional 

Administrator, NMFS, Greater Atlantic 

Regional Fisheries Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope 

‘‘Comments on NFI 2014 Incidental 

Discard Mortality EFP.’’ 

• Fax: (978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Shannah Jaburek, Fisheries Management 

Specialist, 978–282–8456. 

SUPPLEMENTARY INFORMATION: NOAA 

awarded the National Fisheries Institute 

(NFI) a grant through the 2014 Atlantic 

sea scallop research set-aside program 

in support of a project titled, 

‘‘Determining Incidental Discard 

Mortality of Atlantic Sea Scallops, 

Placopecten magellanicus, in the 

Scallop Dredge Fishery in the MidAtlantic Bight.’’ NFI submitted a 

complete Exempted Fishing Permit 

(EFP) application on May 13, 2014, but 

delayed work on the project until spring 

of 2015. NFI is requesting exemptions 

that would allow one commercial 

fishing vessel to fish outside of the 

limited access Atlantic sea scallop daysat-sea (DAS) regulations found at 50 

CFR 648.53(b); mesh size restrictions at 

§ 648.51(a)(2); obstruction in dredge 

gear restrictions at § 648.51(b)(4)(iii); 

and the crew size regulations at 

§ 648.51(c). In addition, the EFP would 

temporarily exempt the participating 

vessel from possession limits and 

minimum size requirements specified in 

50 CFR part 648, subsections B and D 

through O, for sampling purposes only. 

Any fishing activity conducted outside 

mstockstill on DSK4VPTVN1PROD with NOTICES