[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67112-67113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26861]


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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 New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd.

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting a new 
shipper review (NSR) of Shijiazhuang Goodman Trading Co., Ltd. 
(Goodman) under the antidumping duty order on fresh garlic from the 
People's Republic of China (PRC) covering the period of review (POR) of 
November 1, 2011, through October 31, 2012. As discussed below, the 
Department preliminarily determines that Goodman has made sales in the 
United States at prices below normal value. Interested parties are 
invited to comment on these results.

DATES: Effective Date: November 8, 2013.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Nick 
Czajkowski, or Lingjun Wang, AD/CVD Operations, Office VII, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-4340, (202) 482-1395, or (202) 482-2316, 
respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    The POR covered by this NSR is November 1, 2011, through October 
31, 2012.

Scope of the Order

    The products covered by the order are all grades of garlic, whole 
or separated into constituent cloves, whether or not peeled, fresh, 
chilled, frozen, water or other neutral substance, but not prepared or 
preserved by the addition of other ingredients or heat processing 
subject to certain exceptions. For a complete description of the scope, 
see ``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review,'' issued concurrently with this notice for 
a complete description of the Scope of the Order (Preliminary Decision 
Memorandum).

Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214. The Department calculated export 
prices in accordance with section 772 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, dated concurrently with these 
preliminary results and hereby adopted by this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (IA ACCESS). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Department's 
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://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of New Shipper Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                             Weighted- average dumping
            Exporter/producer                         margin
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Shijiazhuang Goodman Trading Co., Ltd...  $0.44 per kg.
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Disclosure and Public Comment

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\1\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary determination of 
this review is now November 4, 2013.
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    \1\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013) 
(``Tolling Memorandum'').
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    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals to written comments may be filed by no later than 
five days after the written comments are filed.\3\
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    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\5\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).

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[[Page 67113]]

    The Department will issue the final results of this NSR, which will 
include the results of its analysis of issues raised in any such 
comments, within 90 days of publication of these preliminary results, 
pursuant to section 751(a)(2)(B)(iv) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(4), 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 generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\6\ 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.\7\
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    \6\ 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.
    \7\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuing the final results of this NSR, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\8\ The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of this NSR.
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    \8\ See 19 CFR 351.212(b)(1).
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    In this review, we calculated a per-unit rate for each importer by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. If the respondent's weighted-average dumping margin is 
above de minimis, we will calculate importer-specific ad valorem duty 
assessment rate based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). Then, we 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this NSR. 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 final results of this NSR shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this administrative review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this NSR for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For merchandise produced by 
Jinxiang Zhongtian Business Co., Ltd. and exported by Goodman, the cash 
deposit rate will be that established in the final results of this 
review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required); (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing producer/exporter-specific combination 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; 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 producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214, and 
351.221(b)(4).

    Dated: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Bona Fide Sale Analysis
5. Non-Market Economy Country Status
6. Separate Rates
7. Surrogate Country
8. Economic Comparability
9. Significant Producer of Comparable Merchandise
10. Data Availability
11. Date of Sale
12. Fair Value Comparisons
13. Differential Pricing Analysis
14. U.S. Price
15. Normal Value
16. Factor Valuations
17. Currency Conversion

[FR Doc. 2013-26861 Filed 11-7-13; 8:45 am]
BILLING CODE 3510-DS-P