[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 73980-73982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29986]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) is conducting the 
administrative review (AR) of the antidumping duty order on fresh 
garlic from the People's Republic of China (PRC), covering the period 
of review (POR) November 1, 2010, through October 31, 2011. The 
mandatory respondents in this AR are: Hebei Golden Bird Trading Co., 
Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co., Ltd. (Xinboda). 
The Department has preliminarily determined that during the POR the 
respondents in this proceeding have made sales of subject merchandise 
at less than normal value (NV). The Department is also preliminarily 
determining that five companies made no shipments.\1\
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    \1\ On June 11, 2012, the Department issued a partial 
rescission, rescinding the AR for 100 companies for whom requests 
for review were withdrawn. See Fresh Garlic From the People's 
Republic of China: Partial Rescission of the 2010-2011 Antidumping 
Duty Administrative Review, 77 FR 36480 (June 19, 2012).

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DATES: Effective Date: December 12, 2012.

FOR FURTHER INFORMATION CONTACT: David Lindgren or Lingjun Wang, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3870 or (202) 482-2316, respectively.

Scope of the Order

    The merchandise covered by the order includes all grades of garlic, 
whole or separated into constituent cloves. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 
0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 
and 2005.90.9700. Although the HTSUS numbers are provided for 
convenience and customs purposes, the written product description, 
available in Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994), remains 
dispositive.

Preliminary Determination of No Shipments

    Of the remaining 20 companies subject to the review, five companies 
listed in Appendix I timely filed ``no shipment'' certifications 
stating that they had no entries of subject merchandise during the POR. 
The Department subsequently confirmed with the U.S. Customs and Border 
Protection (CBP) the ``no shipment'' claim made by these companies. 
Based on the certifications by these companies and our analysis of CBP 
information, we preliminarily determine that the companies listed in 
Appendix I did not have any reviewable transactions during the POR. In 
addition, the Department finds that consistent with its recently 
announced refinement to its assessment practice in non-market economy 
(NME) cases, further discussed below, it is appropriate not to rescind 
the review in part in these circumstances but, rather,

[[Page 73981]]

to complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of the 
review.\2\
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    \2\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
``Assessment Rates'' section below.
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PRC-Wide Entity

    Of the remaining 15 companies subject to these preliminary results, 
ten are not eligible for separate rate status or rescission, as they 
did not submit separate rate applications or certifications.\3\ As a 
result, these ten companies are under review as part of the PRC-wide 
entity. For our determination with respect to the PRC-wide entity, see 
the Preliminary Decision Memorandum.\4\
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    \3\ See Appendix II for the list of these companies.
    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration regarding ``Decision Memorandum for the Preliminary 
Results of the 2010-2011 Antidumping Duty Administrative Review: 
Fresh Garlic from the People's Republic of China,'' dated 
concurrently with these results and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export 
prices have been calculated in accordance with section 772 of the Act. 
Because the PRC is an NME within the meaning of section 771(18) of the 
Act, NV has been calculated in accordance with section 773(c) of the 
Act.
    The Preliminary Decision Memorandum provides a full description of 
the methodology underlying our conclusions. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Import Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and 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 on the Internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department has determined that the following preliminary 
dumping margins exist for the period November 1, 2010 through October 
31, 2011:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                                margin
                         Companies                             (dollars
                                                                 per
                                                              kilogram)
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Hebei Golden Bird Trading Co., Ltd.........................         1.65
Shenzhen Xinboda Industrial Co., Ltd.......................         1.96
Qingdao Xintianfeng Foods Co., Ltd. *......................         1.81
Shandong Jinxiang Zhengyang Import & Export Co., Ltd. *....         1.81
Weifang Hongqiao International Logistics Co., Ltd. *.......         1.81
PRC-Wide Rate..............................................         4.71
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* These companies which applied for or demonstrated eligibility for a
  separate rate in this administrative review. The rate for these
  companies is the simple average of the calculated antidumping duty
  rates for Golden Bird and Xinboda.

Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within ten days of the date of 
publication of this notice.\5\ Unless otherwise notified by the 
Department, interested parties may submit written comments (case 
briefs) no later than 30 days after the date of publication of these 
preliminary results of review and rebuttal comments (rebuttal briefs) 
within five days after the time limit for filing case briefs.\6\ 
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to 
issues raised in the case briefs. Parties who submit arguments are 
requested to submit with the argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and, (3) a table of authorities.
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
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    Interested parties who wish to request a hearing, or participate if 
one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, filed 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's IA ACCESS 
by 5 p.m. Eastern Standard Time within 30 days after the date of 
publication of this notice.\7\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. If a request for a hearing is made, 
we will inform parties of the scheduled date, time and location of the 
hearing.\8\ Parties should confirm by telephone or electronic mail the 
date, time and location.
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant section 751(a)(2)(B)(iv) 
of the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3), the deadline for 
submission of publicly available information to value the FOPs under 19 
CFR 351.408(c) is 20 days after the date of publication of these 
preliminary results. In accordance with 19 CFR 351.301(c)(1), if an 
interested party submits factual information less than ten days before, 
on, or after (if the Department has extended the deadline), the 
applicable deadline for submission of such factual information, an 
interested party may submit factual information to rebut, clarify, or 
correct the factual information no later than ten days after such 
factual information is served on the interested party. However, the 
Department notes that 19 CFR 351.301(c)(1), permits new information 
only insofar as it rebuts, clarifies, or corrects information recently 
placed on the record.\9\ Furthermore, the Department generally will not 
accept business proprietary information in either the surrogate value 
submissions or the rebuttals thereto, as the regulation regarding the 
submission of surrogate values allows only for the submission of 
publicly available information.
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    \9\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying 
Issues and Decision Memorandum at Comment 2.
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Assessment Rates

    If these preliminary results of review are adopted in the final 
results, then Department will determine, and CBP shall assess, 
antidumping duties on all appropriate entries covered by the review. 
The Department will direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit (i.e., per kilogram) amount on 
each entry of the subject merchandise during the POR. The Department 
intends to issue assessment instructions to CBP 15 days after the 
publication date of the final rescission of and final results of the 
review. In accordance with 19 CFR 351.212(b)(1), we calculated 
exporter/

[[Page 73982]]

importer-specific assessment rates for the merchandise subject to the 
review.
    Also, the Department recently announced a refinement to its 
assessment practice in NME cases. Pursuant to this refinement in 
practice, for merchandise that was not reported in the U.S. sales 
databases submitted by an exporter individually examined during this 
review, but that entered under the case number of that exporter (i.e., 
at the individually-examined exporter's cash deposit rate), the 
Department will instruct CBP to liquidate such entries at the NME-wide 
rate. In addition, if the Department determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's rate) will be liquidated at the PRC-wide rate.\10\
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    \10\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be the rate established in these final results of 
review (except, if the rate is zero or de minimis, a zero cash deposit 
rate will be required for that company); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates (i.e., those companies with no shipments 
listed in Appendix I), the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of $4.71 per kilogram; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 
351.214(h) and 351.221(b)(4).

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Companies That Have Certified No Shipments

1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd.
2. Jinan Farmlady Trading Co., Ltd.
3. Jinxiang Chengda Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Qingdao Sea-line International Trading Co.

Appendix II

List of Companies Subject to the PRC-Wide Rate

1. Foshan Fuyi Food Co., Ltd.
2. Henan Weite Industrial Co., Ltd.
3. Jining Yongjia Trade Co., Ltd.
4. Qingdao Tiantaixing Foods Co., Ltd.
5. Shandong Chenhe Intl Trading Co., Ltd.
6. Shanghai LJ International Trading Co., Ltd.
7. Sunny Import & Export Limited
8. Yantai Jinyan Trading Co., Ltd.
9. Zhengzhou Huachao Industrial Co., Ltd.
10. Zhengzhou Yuanli Trading Co., Ltd.

Appendix III

List of Topics Discussed in the Preliminary Decision Memorandum

Preliminary Determination of No Shipments
Separate Rates
Separate Rate for Non-Selected Companies
PRC-Wide Entity
Surrogate Country
Date of Sale
Fair-Value Comparisons
Export Price
Normal Value
Raw Garlic Bulb Input Valuation
Labor
Financial Ratios
Other Surrogate Values
Currency Conversion

[FR Doc. 2012-29986 Filed 12-11-12; 8:45 am]
BILLING CODE 3510-DS-P