[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43062-43063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17834]


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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; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 11, 2015, the Department received a timely request for 
a new shipper review (NSR) from Jinxiang Huameng Imp & Exp Co. 
(Huameng), 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). On May 22, 2015 
Department issued a letter to Huameng requesting that it correct 
certain deficiencies in its initial request.\1\ On July 6, 2015, 
Huameng submitted a timely response to the Department's request.\2\ The 
Department of Commerce (Department) has determined that the request for 
a 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, 2014, through 
April 30, 2015.
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    \1\ See Letter from Mark Hoadley, ``Opportunity to Correct 
Deficiencies,'' dated May 22, 2015.
    \2\ See Letter from Huameng, ``Deficiency Corrections for 
Antidumping New Shipper Review Request filed on behalf of Jinxiang 
Huameng Imp & Exp Co., Ltd.,''(Deficiency Corrections) dated July 6, 
2015.

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DATES: Effective Date: July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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-
4261.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994.\3\ On May 
11, 2015, the Department received a timely request for a NSR from 
Huameng. Huameng certified that it is the exporter and producer of the 
fresh garlic upon which the request for a NSR is based. Pursuant to 
section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
Huameng certified that it did not export fresh garlic for sale to the 
United States during the period of investigation (POI).\4\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Huameng 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.\5\ 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.\6\ Huameng also certified it had no 
subsequent shipments of subject merchandise.\7\
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    \3\ See Antidumping Duty Order: Fresh Garlic From the People's 
Republic of China, 59 FR 59209 (November16, 1994).
    \4\ See Huameng's request for a NSR dated May 11, 2015, at 
Exhibit 2.
    \5\ Id.
    \6\ Id.
    \7\ See Deficiency Corrections at page 4.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Huameng submitted documentation establishing the 
following: (1) the date of its first sale to an unaffiliated customer 
in the United States; (2) the date on which the fresh garlic was first 
entered; (3) the volume of that shipment.\8\
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    \8\ Id. at Exhibit 1.
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    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that the shipment reported by 
Huameng 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 Huameng in its request.\9\
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    \9\ See Memorandum to the File from Andrew Huston, ``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, 2015,'' dated July 9, 2015.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a 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

[[Page 43063]]

with the end of the semiannual anniversary month, the Secretary will 
initiate a 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, Huameng made 
the request for a 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, 2014, through April 30, 2015.\10\
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    \10\ 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 Huameng's 
request meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating a NSR of Huameng. 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.\11\
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    \11\ 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.\12\ 
Accordingly, the Department will issue questionnaires to Huameng that 
include a separate rate section. The review will proceed if the 
responses provide sufficient indication that Huameng is not subject to 
either de jure or de facto government control with respect to its 
exports of fresh garlic.
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    \12\ 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 Huameng 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 Huameng, 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: July 15, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-17834 Filed 7-20-15; 08:45 am]
 BILLING CODE 3510-DS-P