[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18316-18317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06960]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final 
Rescission of Antidumping Duty New Shipper Reviews; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 25, 2012, the Department of Commerce (Department) 
published its preliminary rescission for the new shipper reviews (NSRs) 
of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC) \1\ covering the period of review (POR) 
November 1, 2010, through October 31, 2011, for Foshan Fuyi Food Co., 
Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd. 
(Maycarrier). For these final results, the Department continues to find 
that Fuyi's new shipper sales were not bona fide. Additionally, the 
Department continues to find that Maycarrier does not qualify as a new 
shipper. Therefore, the Department is rescinding the NSRs of both Fuyi 
and Maycarrier.
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    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Rescission of Antidumping Duty New Shipper Reviews; 
2010-2011, 77 FR 65171 (October 25, 2012) (Preliminary Rescission).

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DATES: Effective Date: March 26, 2013.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang or David Lindgren, 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-
2316 or (202) 482-3870, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 25, 2012, the Department published the Preliminary 
Rescission. Between November 2012 and January 2013, the Department 
issued, and Fuyi and Maycarrier responded to, supplemental 
questionnaires. Additionally, on January 25, 2013, Maycarrier filed 
comments on factual information on the record. In February 2013, Fuyi 
and Maycarrier filed case briefs and Petitioners \2\ filed rebuttal 
briefs.
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    \2\ 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.
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    The Department placed factual information regarding Fuyi's NSR on 
the record on January 9, 2013, and, based on a request from Maycarrier, 
on January 30, 2013, the Department placed on the record the surrogate 
country selection and surrogate value memorandum, intermediate input 
methodology memorandum, and surrogate value data used in the concurrent 
administrative review on fresh garlic from the PRC. Finally, Maycarrier 
submitted comments on February 20, 2013, requesting that, if the 
Department were to conduct a bona fides analysis of the price and 
quantity of Maycarrier's sales, it should have an opportunity to submit 
comments on such analysis. As discussed in more detail below, the 
Department has not conducted a bona fides analysis of Maycarrier's 
sales.

Scope of the Order

    The products subject to the antidumping duty order are all grades 
of garlic, whole or separated into constituent cloves. Fresh garlic 
that is

[[Page 18317]]

subject to the order is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 0703.20.0000, 
0703.20.0005, 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, 2005.99.9700. A full description of the scope of the 
order is contained in the Final Decision Memorandum.\3\ The written 
description is dispositive.
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    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Issues 
and Decision Memorandum for the Final Rescission of the Antidumping 
Duty New Shipper Reviews of Fresh Garlic from the People's Republic 
of China,'' dated concurrently with this notice (Final Decision 
Memorandum).
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Final Rescission of Fuyi and Maycarrier

    Due to the totality of circumstances, including price, quantity and 
inconsistencies about the reported producer, as detailed in the Fuyi 
final analysis memorandum,\4\ the Department finds that Fuyi's sales 
are not bona fide. The Department has explained in the Maycarrier final 
analysis memorandum \5\ that Maycarrier does not meet the minimum 
requirements set forth in 19 CFR 351.214(b)(2)(iv)(C) to qualify as a 
new shipper. As a result, the Department is rescinding the NSRs of both 
Fuyi and Maycarrier.
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    \4\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, Import Administration regarding ``New Shipper 
Review of the Antidumping Duty Order on Fresh Garlic from the 
People's Republic of China: Analysis of Foshan Fuyi Food Co., 
Ltd.,'' dated March 19, 2013.
    \5\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, Import Administration regarding ``Antidumping 
Duty New Shipper Review of Fresh Garlic from the People's Republic 
of China: Analysis of Qingdao May Carrier Import & Export Co., 
Ltd.,'' dated March 19, 2013.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Final Decision Memorandum, dated concurrently with this notice and 
hereby adopted by this notice. A list of the issues raised in the 
briefs and addressed in the Final Decision Memorandum is appended to 
this notice. The Final Decision Memorandum 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 is 
available to all parties in the Central Records Unit (CRU), Room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Final Decision Memorandum can be accessed directly on 
the Internet at http://www.trade.gov/ia/. The signed Final Decision 
Memorandum and the electronic versions of the Final Decision Memorandum 
are identical in content.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSRs of 
Fuyi and Maycarrier, the Department will instruct U.S. Customs and 
Border Protection (CBP) to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
by Fuyi and Maycarrier. Cash deposits will be required for exports of 
subject merchandise by Fuyi and Maycarrier entered, or withdrawn from 
warehouse, for consumption on or after the publication date at the per-
unit PRC-wide rate, $4.71 per kilogram.

Assessment Instructions

    As a result of the rescission of the NSRs of Fuyi and Maycarrier, 
the entries of subject merchandise made by Fuyi and Maycarrier covered 
by these NSRs will be assessed at the PRC-wide rate. Because the PRC 
entity is under review in the 2010-2011 administrative review currently 
being conducted,\6\ and because the POR of the administrative review 
coincides with the POR of these NSRs, we will issue liquidation 
instructions for Fuyi's and Maycarrier's entries upon completion of the 
administrative review. Upon completion of the administrative review, 
the Department will instruct CBP to assess antidumping duties on 
entries for Fuyi and Maycarrier at the PRC-wide rate pursuant to the 
final results of the 2010-2011 administrative review.
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    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
82268.
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Notification to Importers

    This notice serves as a 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
the APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 
CFR 351.214.

    Dated: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

List of Issues Addressed in the Final Decision Memorandum

Comment 1: Whether Maycarrier Is a New Shipper
Comment 2: Whether Maycarrier's Sales Are Bona Fide
Comment 3: Whether the Department Should Deduct the VAT From the 
Surrogate Value for Raw Garlic Bulb
Comment 4: Whether the Department's Policies on Handling Import 
Statistics Distort Surrogate Values
Comment 5: Whether Maycarrier Is Entitled to a Separate Rate
Comment 6: Whether Fuyi's Sales Were Bona Fide

[FR Doc. 2013-06960 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-DS-P