[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32692-32693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13258]


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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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 28, 2014, the United States Court of International 
Trade (``CIT'') issued its final judgment affirming the Department of 
Commerce's (``the Department'') final results of redetermination 
pursuant to second remand of the tenth antidumping duty administrative 
review of fresh garlic from the People's Republic of China.\1\ 
Consistent with the decision of the 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 (CAFC 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results and is amending the final results of the tenth administrative 
review of fresh garlic from the People's Republic of China (``PRC'') 
with respect to the margins assigned to Jinan Yipin Corporation 
(``Jinan Yipin''), Sunny Import & Export Ld. (``Sunny''), and Linshu 
Dading Private Agricultural Products Co., Ltd. (``Linshu Dading'') 
(collectively, ``Respondents'') covering the period of review (``POR'') 
November 1, 2003, through October 31, 2004.\2\
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    \1\ See Jinan Yipin Corporation, Ltd. v. United States, 971 F. 
Supp. 2d 1296 (CIT 2014) (``Jinan Yipin III''); Final Results of 
Redetermination Pursuant To Second Remand issued by the Department, 
Consol. Ct. No. 06-00189, Slip Op. 11-119 (CIT 2011), dated March 
29, 2012 (``Second Remand'').
    \2\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review and Final Results of New Shipper Review, 71 FR 26329 (May 4, 
2006) (``Final Results'').

DATES:Effective Date:
    April 7, 2014.

FOR FURTHER INFORMATION CONTACT: Erin Begnal, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-1442.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the Final 
Results on May 4, 2006, seven PRC producers and exporters of fresh 
garlic filed a complaint with the CIT to challenge various aspects of 
the Final Results of the Department's tenth administrative review of 
the antidumping duty order on fresh garlic from the PRC.
    On May 13, 2009, the Court sustained the Department's Final Results 
as to two of seven issues (the use of the intermediate input 
methodology to value raw garlic bulbs, and the Department's calculation 
of surrogate financial ratios), and remanded the remaining five issues 
for further consideration.\3\ On January 25, 2010, the Court granted a 
motion for voluntary dismissal concerning four of the seven PRC 
producers that were involved in this litigation.\4\ On September 26, 
2011, the Court sustained the Department's First Remand \5\ as to one 
issue, the valuation of ocean freight, and remanded four issues 
regarding the valuation of (1) raw garlic bulbs, (2) labor, (3) 
cardboard packing cartons, and (4) plastic jars and lids, to the 
Department for further consideration.\6\
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    \3\ See Zhengzhou Harmoni Spice Co. v. United States, 617 F. 
Supp. 2d 1281 (CIT 2009).
    \4\ See Zhengzhou Harmoni Spice Co. v. United States, 675 F. 
Supp. 2d 1320 (CIT 2010).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand issued by the Department, Consol. Ct. No. 06-00189, Slip Op. 
09-39 (CIT 2009), dated (April 5, 2010) (``First Remand'').
    \6\ See Jinan Yipin Corporation, Ltd. v. United States, 800 F. 
Supp. 2d 1226 (CIT 2011).
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    On March 28, 2014, the Court sustained the Department's Second 
Remand, affirming the Department's re-calculation of the surrogate 
labor wage rate and the Department's selection of surrogate values for 
raw garlic bulbs, cardboard packing cartons, and plastic jars and 
lids.\7\
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    \7\ See Jinan Yipin III, 971 F. Supp. 2d at 1296 (CIT 2014).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) 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 March 28, 2014 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's Final Results. 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 the 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 the Final Results with respect to the 
Respondents' weighted-average dumping margins for the period November 
1, 2003 through October 31, 2004. The revised weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                              Percent
                        Exporter                              margin
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Jinan Yipin Corporation, Ltd............................           0.00%
Linshu Dading Private Agricultural Products Co., Ltd....           0.00%
Sunny Import & Export Co., Ltd..........................           0.04%
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    In the event the CIT's ruling is not appealed, or if appealed, 
upheld by the CAFC, because the above margins are de minimis, the 
Department will instruct CBP to liquidate entries of subject 
merchandise exported by the

[[Page 32693]]

Respondents without regard to dumping duties.
    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-13258 Filed 6-5-14; 8:45 am]
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