76304 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 

1See Antidumping Duty Order: Fresh Garlic From 

the People’s Republic of China, 59 FR 59209 

(November 16, 1994) (Order). See also Fresh Garlic 

From the People’s Republic of China: Final Results 

and Rescission, In Part, of Twelfth New Shipper 

Reviews, 73 FR 56550 (September 29, 2008). 

2See id. 

3The petitioners are the Fresh Garlic Producers 

Association and its individual members: 

Christopher Ranch L.L.C., The Garlic Company, 

Valley Garlic, and Vessey and Company, Inc. 

4See, 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). 

5See, e.g., Notice of Initiation of Antidumping 

Duty Changed Circumstances Review: Certain 

Forged Stainless Steel Flanges From India, 71 FR 

327 (January 4, 2006). 

6See, e.g., Fresh and Chilled Atlantic Salmon 

From Norway; Final Results of Changed 

The Department is issuing and 

publishing this notice in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: December 12, 2014. 

Paul Piquado, 

Assistant Secretary, Enforcement and 

Compliance. 

Appendix I 

List of Topics Discussed in the 

Accompanying Issues and Decision 

Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion Of Issues 

a. Inclusion in Margin Program of Export 

Price Sales Invoiced Prior to the POR 

and Entered During the POR 

V. Recommendation 

[FR Doc. 2014–29924 Filed 12–19–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Initiation of 

Changed Circumstances Review of 

Jining Yongjia Trade Co., Ltd. and 

Jinxiang County Shanfu Frozen Co., 

Ltd. 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has received 

information sufficient to warrant 

initiation of a changed circumstances 

review of the antidumping duty order 

on fresh garlic from the People’s 

Republic of China (PRC). Based upon a 

request filed by Jining Yongjia Trade 

Co., Ltd. (Yongjia), an exporter of fresh 

garlic to the United States, the 

Department is initiating a changed 

circumstances review to determine 

whether Yongjia’s supplier, Jinxiang 

County Shanfu Frozen Co., Ltd. (Shanfu 

II), is the successor-in-interest of the 

producer/supplier of Yongjia with the 

same name, Shanfu (Shanfu I), 

examined in Yongjia’s new shipper 

review of this order.1

DATES: Effective Date: December 22, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Hilary E. Sadler, Esq., at (202) 482–4340 

or Mark Hoadley at (202) 482–3148, AD/ 

CVD Operations, Office VII, 

Enforcement & Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1994, the 

Department published notice of the 

Order in the Federal Register.2 On 

October 8, 2014, Yongjia requested that 

the Department conduct a changed 

circumstances review pursuant to 

section 751(b)(1) of the Tariff Act of 

1930, as amended (the Act), 19 CFR 

351.216 and 19 CFR 351.221(c)(3), to 

determine that its supplier, Shanfu II, is 

the successor-in-interest to the supplier 

of the same name which the Department 

examined in Yongjia’s new shipper 

review for purposes of this antidumping 

duty order. In its request, Yongjia stated 

that changes in ownership in Shanfu I 

had taken place, and provided business 

licenses before and after the change in 

ownership, a tax payment notice, a 

marriage license, and information on the 

company’s ownership and customers 

before and after the ownership change. 

On November 5, 2014, the petitioners 3

submitted comments opposing this 

initiation. 

Scope of the Order 

The products covered by the order are 

all grades of garlic, whole or separated 

into constituent cloves, whether or not 

peeled, fresh, chilled, frozen, water or 

other neutral substance, but not 

prepared or preserved by the addition of 

other ingredients or heat processing. 

The differences between grades are 

based on color, size, sheathing, and 

level of decay. The scope of the order 

does not include the following: (a) 

Garlic that has been mechanically 

harvested and that is primarily, but not 

exclusively, destined for non-fresh use; 

or (b) garlic that has been specially 

prepared and cultivated prior to 

planting and then harvested and 

otherwise prepared for use as seed. The 

subject merchandise is used principally 

as a food product and for seasoning. The 

subject garlic is currently classifiable 

under subheadings: 0703.20.0000, 

0703.20.0010, 0703.20.0015, 

0703.20.0020, 0703.20.0090, 

0710.80.7060, 0710.80.9750, 

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. In 

order to be excluded from the order, 

garlic entered under the HTSUS 

subheadings listed above that is (1) 

mechanically harvested and primarily, 

but not exclusively, destined for nonfresh use or (2) specially prepared and 

cultivated prior to planting and then 

harvested and otherwise prepared for 

use as seed must be accompanied by 

declarations to U.S. Customs and Border 

Protection to that effect. 

Initiation of Changed Circumstances 

Review 

Pursuant to section 751(b)(1) of the 

Act, the Department will conduct a 

changed circumstances review upon 

receipt of information concerning, or a 

request from an interested party for a 

review of, an antidumping duty order 

which shows changed circumstances 

sufficient to warrant a review of the 

order. In accordance with 19 CFR 

351.216(d), the Department has 

determined that the information 

submitted by Yongjia constitutes 

sufficient evidence to conduct a 

changed circumstances review of the 

Order. 

In a changed circumstances review 

involving 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.4 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 

are essentially the same as those of the 

predecessor company.5 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.6


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 76305 

Circumstances Antidumping Duty Administrative 

Review, 64 FR 9979, 9980 (March 1, 1999). 

7See section 751(b)(1) of the Act. See also 19 CFR 

351.216. 

Based on the information provided in 

its submission, Yongjia has provided 

sufficient evidence to warrant a review 

to determine if Shanfu II is the 

successor-in-interest to Shanfu I in the 

new shipper review. Therefore, 

pursuant to section 751(b)(1) of the Act 

and 19 CFR 351.216(d), we are initiating 

a changed circumstances review. 

We are also initiating a changed 

circumstances review of Yongjia as well 

as on Shanfu II. Yongjia requested a 

changed circumstances review of 

Shanfu II so that it may continue to 

receive the chain-rate determined in its 

new shipper review. Normally, a 

company requests a changed 

circumstances review for itself. In a 

successor-in-interest changed 

circumstances review, we are 

determining whether a prior calculated 

rate should apply to an entity under 

review. Here, the rate is a chain-rate that 

applied to both Yongjia and Shanfu. To 

determine whether this rate should 

continue to apply to both Yongjia and 

Shanfu, we are initiating a review of 

both companies. Moreover, the statute 

authorizes us to initiate a changed 

circumstances review when we 

determine changed circumstances are 

sufficient to warrant a review.7 Here, 

changed circumstances related to both 

Shanfu and Yongjia exist, warranting a 

review of both companies. First, Yongjia 

stated that a change in ownership of 

Shanfu I raises the issue of affiliation 

between Yongjia and Shanfu II. Second, 

Yongjia requests that we conduct a 

collapsing analysis, to determine 

whether the Department should collapse 

Yongjia and Shanfu II based on the 

change in ownership, and treat the 

companies as a single entity for 

purposes of calculating antidumping 

duty rates. For these reasons, we are 

initiating a changed circumstances 

review of both parties to determine not 

only whether Shanfu II is the successorin-interest to Shanfu I but also to 

determine whether the chain-rate is still 

applicable, or whether the changed 

circumstances warrant the application 

of the PRC-wide rate to Shanfu’s and 

Yongjia’s shipments instead. 

Additionally, the Department finds it 

is necessary to issue a questionnaire 

requesting additional information for 

this review, as provided for by 19 CFR 

351.221(b)(2). For this reason, the 

Department is not conducting this 

review on an expedited basis by 

publishing preliminary results in 

conjunction with this notice of 

initiation. The Department will publish 

in the Federal Register a notice of the 

preliminary results of the changed 

circumstances review in accordance 

with 19 CFR 351.221(b)(4) and 19 CFR 

351.221(c)(3)(i). That notice will set 

forth the factual and legal conclusions 

upon which our preliminary results are 

based and a description of any action 

proposed. 

Pursuant to 19 CFR 351.221(b)(4)(ii), 

interested parties will have an 

opportunity to comment on the 

preliminary results of review. In 

accordance with 19 CFR 351.216(e), the 

Department intends to issue the final 

results of its antidumping duty changed 

circumstances review not later than 270 

days after the date on which the review 

is initiated. 

During the course of this changed 

circumstances review, we will not 

change the cash deposit requirements 

for the merchandise subject to review. 

The cash deposit will only be altered, if 

warranted, pursuant to the final results 

of this review. 

This notice is published in 

accordance with sections 751(b)(l) and 

777(i)(l) of the Act and 19 CFR 

351.216(b) and 351.221(b)(1). 

Dated: December 16, 2014. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2014–29922 Filed 12–19–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Trade Mission to Central America in 

Conjunction With the Trade 

Americas—Opportunities in Central 

America Conference, June 21–26, 2015 

AGENCY: International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice. 

Mission Description 

The United States Department of 

Commerce, International Trade 

Administration (ITA) is organizing a 

trade mission to Central America, in 

conjunction with the Trade Americas— 

Opportunities in Central America 

Conference in Guatemala June 21–26, 

2015. U.S. trade mission delegation 

participants will arrive in Guatemala on 

or before June 21 to attend the 

networking reception to open the Trade 

Americas—Opportunities in Central 

America Conference. Trade mission 

participants will attend the Conference 

on June 22. Following the morning 

session of the conference, trade mission 

participants will participate in one-onone consultations with U.S. and Foreign 

Commercial Service (US&FCS) 

Commercial Officers and/or Economic/

Commercial Officers from the following 

U.S. Embassies in the region: Costa Rica, 

El Salvador, Honduras, Guatemala, 

Belize, and Nicaragua. The following 

day, June 23, trade mission participants 

will engage in business to business 

appointments with companies in 

Guatemala. A limited number of trade 

mission participants will then travel to 

either, El Salvador, Honduras, Costa 

Rica, Belize, or Nicaragua (choosing 

only one market) for optional additional 

business-to-business appointments. 

Each business to business appointment 

will be with a pre-screened potential 

buyer, agent, distributor or joint-venture 

partner. 

The Department of Commerce’s Trade 

Americas—Opportunities in Central 

America Region Conference will focus 

on regional and industry-specific 

sessions, market entry strategies, 

logistics and trade financing resources 

as well as pre-arranged one-on-one 

consultations with US&FCS Commercial 

Officers and/or Department of State 

Economic/Commercial Officers with 

expertise in commercial markets 

throughout the region. 

The mission is open to U.S. 

companies from a cross-section of 

industries with growing potential in 

Central America, but is focused on U.S. 

companies in best prospect sectors such 

as safety and security equipment; 

automotive parts/service equipment; 

food processing & packing equipment; 

renewable energy technologies, and 

hotel and restaurant equipment. 

The combination of the Trade 

Americas—Opportunities in Central 

America Conference and business-tobusiness matchmaking opportunities in 

Guatemala and one of the other optional 

Central American markets will provide 

participants with access to substantive 

information about, and strategies for, 

entering or expanding their business 

across the Central America region. 

Commercial Setting 

The mission supports the federal 

government’s Look South initiative, 

which encourages U.S. companies to 

explore opportunities in the United 

States’ 11 free trade agreement partner 

(FTA) countries in Latin America. The 

FTA in the region, CAFTA–DR, includes 

the following five Central American 

countries: El Salvador, Guatemala, 

Honduras, Nicaragua and Costa Rica. As 

a result of this FTA, 100 percent of U.S. 

consumer and industrial goods exports 


tkelley on DSK3SPTVN1PROD with NOTICES