[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44928-44929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17903]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of Administrative Review and 
Notice of Amended Final Results of Administrative Review

SUMMARY: On June 24, 2013, the United States Court of International 
Trade (``CIT'' or ``Court'') sustained the Department of Commerce's 
(``Department'') final results of the third remand redetermination \1\ 
relating to the ninth administrative review of the antidumping duty 
order on fresh garlic from the People's Republic of China (``PRC''), 
pursuant to the CIT's remand order in Taian Ziyang Food Co., Ltd. v. 
United States, Court No. 05-00399, Slip. Op. 13-80 (CIT 2013). 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 
337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades 
Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) 
(``Diamond Sawblades''), the Department is notifying the public that 
the final CIT judgment in this case is not in harmony with the 
Department's final results and is amending its final results of the 
administrative review of the antidumping duty order on fresh garlic 
from the PRC covering the period of review (``POR'') of November 1, 
2002

[[Page 44929]]

through October 31, 2003, with respect to the weighted-average dumping 
margins assigned to Zhengzhou Harmoni Spice Co., Ltd., Jinan Yipin 
Corporation, Ltd., Linshu Dading Private Agricultural Products Co., 
Ltd., and Sunny Import & Export Co., Ltd. (collectively, 
``Respondents'').
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    \1\ See Department of Commerce Final Remand Results of 
Redetermination, CIT Court No. 05-399 (January 17, 2012).

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DATES: Effective Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan, Office 8, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0414.

SUPPLEMENTARY INFORMATION:

Background

    Subsequent to the publication of the Final Results \2\ on June 13, 
2005, and the Amended Final Results \3\ on September 28, 2005, Chinese 
producers and exporters of fresh garlic filed a complaint with the CIT 
to challenge various aspects of the Final Results and Amended Final 
Results of the Department's ninth administrative review of the 
antidumping duty order on fresh garlic from the PRC.
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    \2\ See Fresh Garlic from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review, 70 FR 34082 (June 
13, 2005) (``Final Results'').
    \3\ See Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Garlic From the People's Republic of China, 
70 FR 56639 (September 28, 2005) (``Amended Final Results'').
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    On June 29, 2009, the Court sustained the Department's first remand 
redetermination as to three of 10 issues and remanded the remaining 
seven for further consideration.\4\ On July 22, 2011, the Court 
sustained the Department's second remand redetermination with regard to 
four of the seven issues and remanded the remaining three issues, 
regarding valuation of factors of production for (1) labor, (2) 
cardboard packing cartons, and (3) plastic jars and lids, for further 
consideration.\5\
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    \4\ See Taian Ziyang Food Co., Ltd. v. United States, 637 F. 
Supp. 2d 1093 (CIT 2009) (sustaining application of adverse facts 
available to the Taian Ziyang Food Company, Ltd.'s and Taian Fook 
Huat Tong Kee Foodstuffs Co., Ltd.'s factors of production).
    \5\ See Taian Ziyang Food Co., Ltd. v. United States, 783 F. 
Supp. 2d 1292 (CIT 2011).
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    On June 24, 2013, the Court affirmed the Department's re-
calculation of the surrogate labor wage rate by applying its current 
methodology of using certain industry-specific labor cost data from the 
selected surrogate country available during the underlying 
administrative review.\6\ The Court also found that domestic producers 
failed to exhaust their administrative remedies to challenge surrogate 
value decisions concerning the cardboard packing cartons and plastic 
jars and lids because they did not submit comments on the Department's 
draft redetermination.\7\ Lastly, the Court found that the Department's 
use of the ``near perfect'' price quotes, instead of ``distorted import 
statistics,'' as the surrogate value for the cartons, jars and lids was 
supported by substantial evidence.\8\
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    \6\ See Taian Ziyang Food Co., Ltd. v. United States, Court No. 
05-00399, Slip. Op. 13-80 (CIT 2013).
    \7\ Id.
    \8\ Id.
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Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(c) of the Tariff Act of 1930, 
as amended (``the Act''), the Department must publish a notice of a 
court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's June 24, 2013, judgment in 
this case constitutes a final decision of that court that is not in 
harmony with the Department's final results of the administrative 
review. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise pending expiration 
of the period of appeal or, if appealed, pending a final and conclusive 
court decision.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results and Amended Final 
Results with respect to the Respondents' weighted-average dumping 
margins for the period November 1, 2002 through October 31, 2003. The 
revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                       Exporter                          average dumping
                                                        margin (percent)
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Zhengzhou Harmoni Spice Co., Ltd......................              0.00
Jinan Yipin Corporation, Ltd..........................              0.00
Linshu Dading Private Agricultural Products Co., Ltd..              0.00
Sunny Import & Export Co., Ltd........................              0.00
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    In the event that the CIT's ruling is not appealed, or if appealed, 
upheld by the CAFC, because the above margins are zero, the Department 
will instruct CBP to liquidate entries of subject merchandise exported 
by the Respondents without regard to dumping duties.
    This notice is issued and published in accordance with section 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-17903 Filed 7-24-13; 8:45 am]
BILLING CODE 3510-DS-P