[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36168-36170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 12, 2012, the Department of Commerce (Department) 
published the Preliminary Results of the 2010-2011 administrative 
review of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC). The period of review (POR) is November 1, 
2010, through October 31, 2011.\1\ The final dumping margins are listed 
in the ``Final Results of Review'' section below.
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    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011, 77 FR 73980 (December 12, 2012) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.

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DATES: Effective Date: June 17, 2013.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang and 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 and (202) 482-3870, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 12, 2012, the Department published the Preliminary 
Results.\2\ In January, the Department conducted verification of Golden 
Bird. On March 25, 2013, the Department fully extended the time limit 
for these final results by 60 days to June 10, 2013.\3\
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    \2\ Id., 77 FR at 73981.
    \3\ See Memorandum to Edward Yang, Senior Director, China/Non-
Market Economy Unit regarding ``Fresh Garlic from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated March 25, 2013.
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    The Department received case briefs from Petitioners,\4\ Hebei 
Golden Bird Trading Co., Ltd. (Golden Bird), Shenzhen Xinboda 
Industrial Co., Ltd. (Xinboda), Weifang Hongqiao International 
Logistics Co., Ltd. (Hongqiao) and Zhengzhou Huachao Industrial Co., 
Ltd. (Huachao) on April 25, 2013. Further, between April 30 and May 2, 
2013, Petitioners, Golden Bird, Xinboda, Hongqiao, and Jinxiang Hejia 
Co., Ltd. (Hejia) filed rebuttal briefs. No other case or rebuttal 
briefs were filed by interested parties.
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    \4\ Petitioners are the Fresh Garlic Producers Association, its 
individual members being Christopher Ranch L.L.C., The Garlic 
Company, Valley Garlic, and Vessey and Company, Inc.
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Scope of the Order

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

[[Page 36169]]

reference.\5\ The written description is dispositive.
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    \5\ 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 Results and 
Rescission, in Part, of the Antidumping Duty Administrative Review 
of Fresh Garlic from the People's Republic of China,'' dated 
concurrently with this notice (Final Decision Memorandum).
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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.\6\ 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.
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    \6\ See Appendix I.
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Changes Since the Preliminary Results

    For the final results, based on analysis of the comments received 
and our review of the record, the Department has made certain changes 
to the margin calculations for each respondent. Detailed discussions of 
these changes can be found in the Final Decision Memorandum, the Final 
Surrogate Values Memorandum, Golden Bird's Final Calculation 
Memorandum, and Xinboda's Final Calculation Memorandum.\7\ In addition, 
because we have calculated a de minimis rate for the two mandatory 
respondents, consistent with our practice, we have assigned to the 
companies not selected for individual examination the most recently-
calculated rate under this order which was not affected by the 
Department's zeroing methodology, i.e., $1.28 per kilogram (kg.), the 
rate in the 08/09 Garlic NSR.\8\ See Appendix II.
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    \7\ See Memorandum to the File ``Fresh Garlic from the People's 
Republic of China: Calculation Memorandum for the Final Results of 
Antidumping Duty Administrative Review--Hebei Golden Bird Trading 
Co., Ltd.,'' dated June 10, 2013 (Golden Bird's Final Calculation 
Memorandum); see also Memorandum to the File ``Fresh Garlic from the 
People's Republic of China: Calculation Memorandum for the Final 
Results of Antidumping Duty Administrative Review--Shenzhen Xinboda 
Industrial Co., Ltd.,'' dated June 10, 2013 (Xinboda's Final 
Calculation Memorandum); see also Memorandum to the File ``Fresh 
Garlic from the People's Republic of China: Surrogate Values for the 
Final Results'' dated June 10, 2013 (Final Surrogate Values 
Memorandum).
    \8\ See Fresh Garlic From the People's Republic of China: Final 
Results of New Shipper Review, 75 FR 61130 (October 4, 2010) (08/09 
Garlic NSR). Because the rate in this review was based on a single 
U.S. sale, it was not impacted by the zeroing methodology.
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PRC-Wide Entity

    We will treat all seven companies listed in Appendix III as part of 
the PRC-wide entity for these final results. Accordingly, these seven 
companies will be subject to the PRC-wide entity and have been assigned 
the PRC-wide rate of $4.71 per kilogram. See Final Decision Memorandum 
for our determination with respect to the PRC-wide entity.

Final Determination of No Shipments

    In the Preliminary Results, after confirming their ``no shipment'' 
certifications with U.S. Customs and Border Protection (CBP) we 
determined that five companies \9\ did not have any reviewable 
transactions during the POR. On December 5, 2012, after the Preliminary 
Results were published, three additional companies \10\ notified the 
Department via-email that they had timely filed no shipment 
certifications but were instead included as part of the PRC-wide 
entity. The Department discovered that those certifications were filed 
in IA ACCESS with an incorrect POR end date of October 30, 2011, 
instead of October 31, 2011, which resulted in their exclusion from the 
POR record but the submissions remained on the Order's record.\11\ The 
three certifications were timely filed and served with no deficiencies, 
and this minor error was easily remedied; as such, the Department had 
no basis to reject them. Subsequently, we confirmed the ``no shipment'' 
claims with CBP.
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    \9\ See Appendix III 1-5.
    \10\ See Appendix III 6-8.
    \11\ See Memorandum to The File dated April 18, 2013, regarding 
Companies with No Shipments.
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    Therefore, the Department has made the final determination that 
eight companies did not have any reviewable entries of subject 
merchandise during the POR, and will issue appropriate instructions 
that are consistent with our ``automatic assessment'' clarification, 
for these final results.

Final Results of Review

    The Department determines that the following dumping margins exist 
for the period November 1, 2010, through October 31, 2011.

------------------------------------------------------------------------
                                         Weighted-average margin (U.S.
          Producer/exporter                  Dollars per kilogram)
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Hebei Golden Bird Trading Co., Ltd..  0.00.
Shenzhen Xinboda Industrial Co., Ltd  0.00.
Qingdao Xintianfeng Foods Co., Ltd..  $1.28/kg.
Shandong Jinxiang Zhengyang Import &  $1.28/kg.
 Export Co., Ltd.
Weifang Hongqiao International        $1.28/kg.
 Logistics Co., Ltd.
PRC-Wide Rate.......................  $4.71/kg.
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Disclosure

    The Department intends to disclose to parties to the proceeding the 
calculations performed within five days after the date of publication 
of final results in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this 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 appropriate 
assessment instructions for such producers/exporters directly to

[[Page 36170]]

CBP 15 days after the date of publication of this notice in the Federal 
Register. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis. Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. The 
Department recently announced a refinement to its assessment practice 
in non-market economy (NME) cases.\12\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, 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 NME-wide rate.\13\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \13\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for 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; (2) 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 entity rate of $4.71 
per kilogram; and (3) 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 also serves as a final 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to an 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/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.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Issues Addressed in the Final Decision Memorandum

Comment 1: The Department's Non-Market Economy Policy
Comment 2: Department's 15-Day Liquidation Instruction Policy
Comment 3: Zeroing
Comment 4: Differential Pricing
Comment 5: India as the Surrogate Country
Comment 6: Garlic Input Surrogate Value
Comment 7: Price Adjustments to Fruit Inform
Comment 8: GTA Ukraine Import Statistics
Comment 9: Financial Statements
Comment 10: Hejia's No Shipment Certification
Comment 11: Hongqiao Eligibility for a Separate Rate
Comment 12: Huachao's No Shipment Letter
Comment 13: Cangshan's Factor Reporting
Comment 14: By-Product vs Co-Product

Appendix II

Companies Assigned a Separate Rate

1. Qingdao Xintianfeng Foods Co., Ltd.
2. Weifang Hongqiao International Logistics Co., Ltd.
3. Shandong Jinxiang Zhengyang Import & Export Co., Ltd.

Appendix III

Companies Included in the PRC-Wide Entity

1. Foshan Fuyi Food Co., Ltd.
2. Henan Weite Industrial Co., Ltd.
3. Shandong Chenhe Intl trading Co., Ltd.
4. Shanghai LJ International Trading Co., Ltd.
5. Sunny Import & Export Limited
6. Zhengzhou Huachao Industrial Co., Ltd.
7. Zhengshou Yuanli Trading Co., Ltd.

Appendix IV

Companies Determined To Have 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.
6. Jining Yongjia Trade Co., Ltd.
7. Qingdao Tiantaixing Foods Co. Ltd.
8. Yantai Jinyan Trading Co., Ltd.

[FR Doc. 2013-14329 Filed 6-14-13; 8:45 am]
BILLING CODE 3510-DS-P