[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57579-57580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23646]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of the Changed Circumstances Review

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

SUMMARY: On June 30, 2015, the Department of Commerce (Department) 
published a notice of preliminary results of a changed circumstance 
review (CCR) of the antidumping duty (AD) order on fresh garlic from 
the People's Republic of China (PRC) \1\ in response to a request from 
Jining Yongjia Trade Co., Ltd. (Yongjia), an exporter of fresh and 
peeled garlic from the PRC.\2\ Yongjia requested that the Department 
determine that Jinxiang County Shanfu Frozen Co., Ltd. (Shanfu II), 
Yongjia's supplier of garlic, is the successor-in-interest to Yongjia's 
garlic supplier (Shanfu I) during its new shipper review (NSR). In the 
Preliminary Results, the Department found that Shanfu II is not the 
successor-in-interest to Shanfu I, and, as such, is subject to the PRC-
wide entity cash deposit rate with respect to entries of subject 
merchandise. Based on our analysis of the comments from the parties, we 
continue to find that Shanfu II is not the successor-in-interest to 
Shanfu I for these final results.
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    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
    \2\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results of the Changed Circumstances Review of Jining 
Yongjia Trade Co., Ltd. and Jinxiang County Shanfu Frozen Co., Ltd., 
80 FR 37222 (June 30, 2015) (Preliminary Results).

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DATES: Effective September 24, 2015.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., 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.

SUPPLEMENTARY INFORMATION:

Background

    For a complete description of the events following the publication 
of the Preliminary Results, see the Issues and Decision Memorandum.\3\ 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's AD and Countervailing 
Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.
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    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, regarding ``Decision Memorandum for the Final Results of 
the Antidumping Duty Changed Circumstances Review of Fresh Garlic 
from the People's Republic of China: Jining Yongjia Trade Co., Ltd. 
and Jinxiang County Shanfu Frozen Co., Ltd.,'' dated concurrently 
with and adopted by this notice (Issues and Decision Memorandum).
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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. The 
subject garlic is currently classifiable under subheadings: 
0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, 2005.99.9700, and of the Harmonized Tariff Schedule of 
the United States (HTSUS). While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the

[[Page 57580]]

order is dispositive. A full description of the scope of the order is 
contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the parties in the case briefs are addressed 
in the Issues and Decision Memorandum. A list of the issues addressed 
in the Issues and Decision Memorandum is appended to this notice.

Final Results of Changed Circumstances Review

    Upon review of the comments received, the Department has determined 
that Shanfu II operates in most material respects as a different 
business entity than Shanfu I, as discussed in the Preliminary Results 
and the Issues and Decision Memorandum. Furthermore, Shanfu I 
officially and effectively ceased to operate for two years, having 
dissolved and de-registered in 2012. Therefore, the Department adopts 
the Preliminary Results and finds that Shanfu II is not the successor-
in-interest to Shanfu I.

Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department finds that 
Yongjia and Shanfu II are subject to the cash deposit rate currently 
assigned to the PRC-wide entity with respect to the subject 
merchandise, i.e., $4.71 per kilogram.\4\ Consequently, the Department 
will instruct U.S. Customs and Border Protection to continue suspension 
of liquidation and to collect estimated antidumping duties for all 
shipments of subject merchandise produced by Shanfu II and exported by 
Yongjia at the current cash deposit rate assigned to the PRC-wide 
entity of $4.71 per kilogram.\5\ This cash deposit requirement shall 
remain in effect until further notice.
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    \4\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 19th Antidumping 
Administrative Review, 80 FR 34141 (June 15, 2015).
    \5\ Id.
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Notification to Parties

    This notice is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results in accordance 
with sections 751(b)(1) and 777(i)(1) and (2) of the Act, and 19 CFR 
351.216.

    Dated: September 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues in Successor-in-Interest
    1. Changes in Ownership and Management
    2. Production Facilities and Equipment
    3. Supplier Relationships
    4. Customer Base
    5. Dissolution
    6. Change in Corporate Form
    7. Expansion of Business Scope
V. Summary of Findings
VI. Recommendation

[FR Doc. 2015-23646 Filed 9-23-15; 8:45 am]
BILLING CODE 3510-DS-P