[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40428-40429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16176]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review; 2011-2012

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

SUMMARY: The Department of Commerce (Department) has determined that 
requests for new shipper reviews (NSRs) of the antidumping duty order 
on fresh garlic from the People's Republic of China (PRC) meet the 
statutory and regulatory requirements for initiation.

[[Page 40429]]

The period of review (POR) is November 1, 2012, through April 30, 2013.

DATES: Effective July 5, 2013.

FOR FURTHER INFORMATION CONTACT: 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) 482-2316.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994.\1\ On May 8 
and 24, 2013, the Department received timely requests for NSRs from 
Cangshan Qingshui Vegetable Foods Co., Ltd. (Qingshui) and Jinxiang 
Merry Vegetable Co., Ltd. (Merry), in accordance with section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c).
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    \1\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
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    Qingshui and Merry each certified that each is both the exporter 
and producer of the fresh garlic upon which their requests for NSRs are 
based. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Qingshui and Merry each certified that they did not 
export fresh garlic for sale to the United States during the period of 
investigation (POI).\2\ Moreover, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Qingshui and Merry each certified that, since the investigation was 
initiated, they have never been affiliated with any exporter or 
producer who exported the subject merchandise to the United States 
during the POI, including those not individually examined during the 
investigation.\3\ Further, as required by 19 CFR 351.214(b)(2)(iii)(B), 
they each certified that their export activities are not controlled by 
the central government of the PRC.\4\ Also, Qingshui and Merry each 
certified they had no subsequent shipments.\5\
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    \2\ See Qingshui's request for an NSR dated May 8, 2013 at 
Exhibit 1 and Merry's request for an NSR dated May 24, 2013 at 
Exhibit 1.
    \3\ Id.
    \4\ Id.
    \5\ See Memoranda to the File regarding ``Initiation of 
Antidumping Duty New Shipper Review of Fresh Garlic from the 
People's Republic of China: Cangshan Qingshui Vegetable Foods Co., 
Ltd.'' and ``Initiation of Antidumping Duty New Shipper Review of 
Fresh Garlic from the People's Republic of China: Jinxiang Merry 
Vegetable Co., Ltd.,'' both dated concurrently with this notice.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Qingshui and Merry each submitted documentation 
establishing the following: (1) The dates on which the fresh garlic was 
first entered; (2) the volumes of those shipments; and (3) the dates of 
their first sales to unaffiliated customers in the United States.\6\
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    \6\ Id.
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    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that shipments reported by 
Qingshui and Merry had entered the United States for consumption and 
that liquidation had been properly suspended for antidumping duties. 
The information which the Department examined was consistent with that 
provided by Qingshui and Merry in their requests.\7\
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    \7\ Id.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
an NSR within one year of the date on which its subject merchandise was 
first entered. Moreover, 19 CFR 351.214(d)(1) states that if the 
request for the review is made during the six-month period ending with 
the end of the semiannual anniversary month, the Secretary will 
initiate an NSR in the calendar month immediately following the 
semiannual anniversary month. Further, 19 CFR 315.214(g)(1)(i)(B) 
states that if the NSR was initiated in the month immediately following 
the semiannual anniversary month, the POR will be the six-month period 
immediately preceding the semiannual anniversary month. Within one year 
of the dates on which their fresh garlic was first entered, Qingshui 
and Merry made the requests for NSRs in May, which is the semiannual 
anniversary month of the order. Therefore, the Secretary must initiate 
these reviews in June and the POR is November 1, 2012, through April 
30, 2013.\8\
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    \8\ The initiation notice will be published in the Federal 
Register in July 2013.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that Qingshui's 
and Merry's requests meet the threshold requirements for initiation of 
an NSR. The Department intends to issue the preliminary results within 
180 days after the date on which these review are initiated and the 
final results within 90 days after the date on which we issue the 
preliminary results.\9\
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    \9\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate (i.e., a separate rate) provide evidence of de jure and de facto 
absence of government control over the company's export activities.\10\ 
Accordingly, the Department will issue questionnaires to Qingshui and 
Merry that include a separate rate section. These reviews will proceed 
if the responses provide sufficient indication that the exporter and 
producer are not subject to either de jure or de facto government 
control with respect to their exports of fresh garlic.
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    \10\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-l.pdf).
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    The Department will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for certain entries of the subject 
merchandise from Qingshui and Merry in accordance with section 
75l(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Specifically, the 
bonding privilege will only apply to entries of subject merchandise 
exported and produced by Qingshui, and exported and produced by Merry, 
the sales of which are the basis for these NSR requests.
    Interested parties requiring access to proprietary information in 
these NSRs should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(l)(i).

     Dated: June 28, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-16176 Filed 7-3-13; 8:45 am]
BILLING CODE 3510-DS-P