[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67430-67432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26552]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-836]
Dried Tart Cherries From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of dried tart cherries (cherries) from the Republic of Turkey (Turkey).
DATES: Applicable December 10, 2019.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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.
SUPPLEMENTARY INFORMATION:
Background
This final determination is made in accordance with section 705 of
the Tariff Act of 1930, as amended (the Act). The petitioner in this
investigation is the Dried Tart Cherry Trade Committee.\1\ The
mandatory respondents in this investigation are Isik Tarim Urunleri
Sanayi ve Ticaret A.S. (Isik Tarim) and Yamanlar Tarim Urunleri
(Yamanlar Tarim). Neither the mandatory respondents, nor the Government
of Turkey, responded to our requests for information in this
investigation. On September 27, 2019, Commerce published in the Federal
Register the Preliminary Determination and invited interested parties
to comment.\2\ We received no comments
[[Page 67431]]
regarding the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Dried Tart Cherries from the
Republic of Turkey,'' dated April 23, 2019.
\2\ See Dried Tart Cherries from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination, 84 FR
51109 (September 27, 2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2018 through December 31,
2018.
Scope of the Investigation
The products covered by this investigation are cherries from
Turkey. For a complete description of the scope of this investigation,
see the appendix to this notice.
Analysis of Subsidy Programs--Adverse Facts Available (AFA)
For purposes of this final determination, we relied solely on facts
available, because neither the Government of Turkey, nor either of the
selected mandatory respondents, participated in this investigation.
Further, because the mandatory respondents and the Government of Turkey
did not cooperate to the best of their abilities in responding to our
requests for information in this investigation, we drew adverse
inferences in selecting from among the facts otherwise available, in
accordance with sections 776(a)-(b) of the Act. Therefore, consistent
with the Preliminary Determination, we continue to apply AFA to Isik
Tarim and Yamanlar Tarim. No interested party submitted comments on the
Preliminary Determination. Thus, we made no changes to the subsidy
rates for the mandatory respondents for the final determination. A
detailed discussion of our application of AFA is provided in the
Preliminary Determination and the accompanying Preliminary Decision
Memorandum.\3\
---------------------------------------------------------------------------
\3\ Id., PDM at ``Use of Facts Otherwise Available and Adverse
Inferences.''
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
selection of the all-others rate on the countervailable subsidy rate
established for the mandatory respondents, in accordance with section
705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of
the all-others rate for this final determination.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 84 FR at 51110.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Isik Tarim Urunleri Sanayi ve Ticaret A.S............... 204.93
Yamanlar Tarim Urunleri................................. 204.93
All-Others.............................................. 204.93
------------------------------------------------------------------------
Disclosure
The subsidy rate calculations in the Preliminary Determination were
based on AFA.\5\ As noted above, there are no changes to the
calculations. Thus, no additional disclosure is necessary for this
final determination.
---------------------------------------------------------------------------
\5\ Id., PDM at Appendix--``AFA Rate Calculation.''
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed 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 the Preliminary Determination in the
Federal Register.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, continue the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated and all estimated duties deposited or securities posted as a
result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Because the final determination in this proceeding is affirmative,
in accordance with section 705(b) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of cherries from Turkey no later than 45 days after
our final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue a CVD order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise that
are entered, or withdrawn from warehouse, for consumption on or after
the effective date of the suspension of liquidation, as discussed above
in the ``Continuation of Suspension of Liquidation'' section.
Notification Regarding APOs
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: December 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
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,
[[Page 67432]]
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.
[FR Doc. 2019-26552 Filed 12-9-19; 8:45 am]
BILLING CODE 3510-DS-P