[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Notices]
[Pages 46250-46251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18708]


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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 21, 2014, the Department received a timely request for 
NSR from Jinxiang Kaihua Imp & Exp Co., Ltd. (Kaihua), 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). The Department of Commerce (Department) 
has determined that the request for a new shipper review (NSR) of the 
antidumping duty order on fresh garlic from the People's Republic of 
China (PRC) meets the statutory and regulatory requirements for 
initiation. The period of review (POR) is November 1, 2013, through 
April 30, 2014.

DATES: Effective Date: August 7, 2014.

FOR FURTHER INFORMATION CONTACT: Milton Koch, 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) 482-2584.

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 
21, 2014, the Department received a timely request for NSR from Kaihua. 
Kaihua certified that it is the exporter and producer of the fresh 
garlic upon which the request for a NSR is based. Pursuant

[[Page 46251]]

to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
Kaihua certified that it 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), Kaihua certified that, since the investigation 
was initiated, it never has 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), 
it certified that its export activities are not controlled by the 
central government of the PRC.\4\ Kaihua also certified it had no 
subsequent shipments of subject merchandise.\5\
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    \1\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
    \2\ See Kaihua's request for an NSR dated May 21, 2014 at 
Exhibit 1.
    \3\ Id.
    \4\ Id.
    \5\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Kaihua 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 date of its first sale 
to an unaffiliated customer in the United States.\6\
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    \6\ See Kaihua's request for an NSR at Exhibit 2.
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    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that shipment reported by 
Kaihua 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 Kaihua in its request.\7\
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    \7\ See Memo to the File from Milton Koch, International Trade 
Compliance Analyst, ``New Shipper Reviews of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China: Customs 
Entries from November 1, 2014, to April 30, 2014,'' dated August 1, 
2014.
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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 date on which its fresh garlic was first entered, Kaihua made 
the request for an NSR that included all documents and information 
required by the statute and regulations. Its request was filed in May, 
which is the semiannual anniversary month of the order. Therefore, the 
POR is November 1, 2013, through April 30, 2014.\8\
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    \8\ See 19 CFR 351.214(g)(1)(i)(B).
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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 Kaihua's 
request meets the threshold requirements for initiation of an NSR and, 
therefore, is initiating an NSR of Kaihua. The Department intends to 
issue the preliminary results within 180 days after the date on which 
this review is 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 Kaihua that 
include a separate rate section. The review 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/bull05-1.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 Kaihua in accordance with section 751(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 
Kaihua, the sales of which are the basis for this NSR request.
    Interested parties requiring access to proprietary information in 
this proceeding 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)(1)(i).

    Dated: August 1, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-18708 Filed 8-6-14; 8:45 am]
BILLING CODE 3510-DS-P