[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75972-75975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30791]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results, Preliminary Intent To Rescind, and Partial Rescission of the 
20th Antidumping Duty Administrative Review; 2013-2014

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

SUMMARY: The Department of Commerce (Department) is conducting the 20th 
administrative review of the antidumping duty order on fresh garlic 
from the People's Republic of China (PRC) covering the period of review 
(POR) November 1, 2013, through October 31, 2014.\1\ This review covers 
161 manufacturers/exporters of subject merchandise.\2\ We preliminarily 
find that mandatory respondent Shenzhen Xinboda Industrial Co., Ltd. 
(Xinboda) made sales of subject merchandise at less than normal value 
(NV). In addition, the Department preliminarily finds that the other 
mandatory respondents, Hebei Golden Bird Trading Co., Ltd. (Golden 
Bird) and Qingdao Tiantaixing Foods Co., Ltd. (QTF), are part of the 
PRC-wide entity. We invite interested parties to comment on these 
preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 76956 (December 23, 2014) (Initiation 
Notice).
    \2\ Id. at 79 FR 76956, 76958-76961.

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DATES: Effective date: December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Alexander 
Cipolla, 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) 482-5255 or (202) 482-4956.

Scope of the Order

    The merchandise covered by the order includes all grades of garlic, 
whole or separated into constituent cloves. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 
0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided 
for convenience and customs purposes, the written product description 
remains dispositive. For a full description of the scope of this order, 
please see ``III. Scope of the Order'' in the accompanying Preliminary 
Decision Memorandum.\3\
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Decision Memorandum for the Preliminary Results of the 2013-2014 
Antidumping Duty Administrative Review: Fresh Garlic from the 
People's Republic of China'' (dated concurrently with this notice) 
(Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review and Preliminary Intent To 
Rescind the Review

    On December 23, 2014, the Department initiated a review of 161 
companies in this proceeding.\4\ Between January 16 and March 17, 2015, 
withdrawal requests were timely filed for 81 companies.\5\ The 
Department is, therefore, partially rescinding this review with respect 
to the companies listed in Appendix I, in accordance with 19 CFR 
351.213(d)(1). In addition, we

[[Page 75973]]

preliminarily intend to rescind this administrative review with respect 
to Jinxiang Kaihua Imp & Exp Co. Ltd. (Kaihua), because we found its 
POR sales to not be bona fide in the concurrent new shipper review.\6\
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    \4\ Id.
    \5\ See letter from Petitioners, ``20th Administrative Review of 
the Antidumping Duty Order on Fresh Garlic from the People's 
Republic of China--Petitioners' Withdrawal of Certain Requests for 
Administrative Review,'' at 2-4 (January 16, 2015); letter from El 
Bosque Garlic Farm, ``Fresh Garlic from the People's Republic of 
China--Withdrawal of Review Request in 20th Administrative Review 
filed on behalf of El Bosque Garlic Farm,'' at 1 (March 17, 2015); 
and letter from Zhengzhou Harmoni Spice Co., Ltd., ``Harmoni 
Withdrawal of Review Request: Twentieth Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China (A-570-831),'' at 1 (January 16, 2015).
    \6\ See Fresh Garlic From the People's Republic of China: Final 
Results and Partial Rescission of the 18th Antidumping Duty 
Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014) and 
accompanying Issues and Decision Memorandum at Comment 18.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export 
prices were calculated in accordance with section 772(a) of the Act. 
Because the PRC is a nonmarket economy within the meaning of section 
771(18) of the Act, NV has been calculated in accordance with section 
773(c). We relied, in part, on the facts available, with adverse 
inferences, for our preliminary determination, in accordance with 
section 776 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 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/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

PRC-Wide Entity

    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\7\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically requests, or the Department self-initiates, a review 
of the entity. Because no party requested a review of the PRC-wide 
entity in this review, the entity is not under review and the entity's 
rate (i.e., $4.71/kg) is not subject to change. Aside from the no 
shipments companies discussed below, and the companies for which the 
review is being rescinded, the Department considers all other companies 
for which a review was requested and which did not preliminarily 
qualify for a separate rate to be part of the PRC-wide entity. For 
additional information, see the Preliminary Decision Memorandum.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Preliminary Determination of Separate Rates for Non-Selected Companies

    In accordance with section 777A(c)(2)(B) of the Act, the Department 
employed a limited examination methodology, as it determined that it 
would not be practicable to examine individually all companies for 
which a review request was made. There were 12 exporters of subject 
merchandise from the PRC that have demonstrated their eligibility for a 
separate rate but were not selected for individual examination in this 
review. These 12 exporters are listed in Appendix II.
    Neither the Act nor the Department's regulations address the 
establishment of the rate applied to individual companies not selected 
for examination where the Department limited its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. The 
Department's practice in cases involving limited selection based on 
exporters accounting for the largest volumes of trade has been to look 
to section 735(c)(5) of the Act for guidance, which provides 
instructions for calculating the all-others rate in an investigation. 
Section 735(c)(5)(A) of the Act instructs the Department to use rates 
established for individually investigated producers and exporters, 
excluding any rates that are zero, de minimis, or based entirely on 
facts available in investigations. In this review, we calculated a 
preliminary weighted-average dumping margin for Xinboda, while Golden 
Bird and QTF were considered part of the PRC-wide entity based on the 
application of total facts available with adverse inferences. Therefore 
for the preliminary results, the Department has preliminarily 
determined to assign the non-selected separate rate companies Xinboda's 
rate.

Preliminary Determination of No Shipments

    The companies listed in Appendix III timely filed ``no shipment'' 
certifications stating that they had no entries of subject merchandise 
during the POR. Consistent with its practice, the Department asked CBP 
to conduct a query of potential shipments made by these companies. CBP 
did not provide evidence that contradicted the parties' no shipment 
claims. Based on the certifications by these companies and our analysis 
of CBP information, we preliminarily determine that the companies 
listed in Appendix III did not have any reviewable transactions during 
the POR. In addition, the Department finds that consistent with its 
refinement to its assessment practice in non-market economy (NME) 
cases, further discussed below, it is appropriate not to rescind the 
review in part in these circumstances but to complete the review with 
respect to these 10 companies and issue appropriate instructions to CBP 
based on the final results of the review.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also ``Assessment Rates'' section below.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period November 1, 2013, 
through October 31, 2014:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                                margin
                          Exporter                             (dollars
                                                                 per
                                                              kilogram)
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Shenzhen Xinboda Industrial Co., Ltd.......................         2.72
Jinan Farmlady Trading Co., Ltd............................         2.72
Jining Maycarrier Import & Export Co., Ltd.................         2.72
Jining Shunchang Import & Export Co., Ltd..................         2.72
Jinxiang Feiteng Import & Export Co., Ltd..................         2.72
Jinxiang Guihua Food Co., Ltd..............................         2.72

[[Page 75974]]

 
Jinxiang Hejia Co., Ltd....................................         2.72
Jining Yongjia Trade Co., Ltd..............................         2.72
Shenzhen Yuting Foodstuff Co., Ltd.........................         2.72
Jining Shengtai Vegetables & Fruits Co., Ltd...............         2.72
Shenzhen Bainong Co., Ltd..................................         2.72
Weifang Hongqiao International Logistics Co., Ltd..........         2.72
Yantai Jinyan Trading Inc..................................         2.72
PRC-Wide Rate..............................................         4.71
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Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department intends to disclose the calculations used in our 
analysis to parties in this review 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 (case briefs) no 
later than 30 days after the date of publication of these preliminary 
results of review and rebuttal comments (rebuttal briefs) within five 
days after the time limit for filing case briefs.\9\ Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs. Parties who submit arguments are requested to submit with 
the argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and, (3) a table of authorities.\10\
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    \9\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\11\ 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 case and rebuttal briefs.\12\ If a party requests a hearing, the 
Department will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \11\ See 19 CFR 351.310(c).
    \12\ Id.
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    The Department intends to issue the final results of this review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\13\ For the companies for which this review is 
rescinded, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(l)(i).\14\ The Department will direct CBP to 
assess rates based on the per-unit (i.e., per kilogram) amount on each 
entry of the subject merchandise during the POR. The Department intends 
to issue assessment instructions to CBP 15 days after the publication 
date of the final results of review.
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    \13\ See 19 CFR 351.212(b).
    \14\ If our determination in the final results is to rescind 
this administrative review with respect to Kaihua, then we will not 
issue liquidation instructions for Kaihua unless the preliminary 
injunction entered on October 22, 2015, in Court of International 
Trade case number 15-00289 has lifted.
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for merchandise 
that was not reported in the U.S. sales databases submitted by an 
exporter individually examined during this review, but that entered 
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), the Department will instruct 
CBP to liquidate such entries at the NME-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\15\
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    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review 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 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above, 
the cash deposit rate will be the rate established in these final 
results of review (except, if the rate is zero or de minimis, then zero 
cash deposit will be required for that company); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 4.71 U.S. dollars per kilogram; 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 
exporter that supplied that non-PRC exporter. These requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice 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 preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act,

[[Page 75975]]

and 19 CFR 351.213(h) and 351.221(b)(4).

    Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Companies for Which Reviews Have Been Rescinded

1. American Pioneer Shipping
2. Anhui Dongqian Foods Ltd.
3. Anqiu Haoshun Trade Co., Ltd.
4. APM Global Logistics (Shanghai) Co., Ltd.
5. APS Qingdao
6. Chiping Shengkang Foodstuff Co., Ltd.
7. CMEC Engineering Machinery Import & Export Co., Ltd.
8. Dongying Shunyifa Chemical Co., Ltd.
9. Dynalink Systems Logistics (Qingdao) Inc.
10. Eimskip Logistics Inc.
11. Feicheng Acid Chemicals Co., Ltd.
12. Frog World Co., Ltd.
13. Golden Bridge International, Inc.
14. Hangzhou Guanyu Foods Co., Ltd.
15. Hongqiao International Logistics Co.
16. Intecs Logistics Service Co., Ltd.
17. IT Logistics Qingdao Branch
18. Jinan Solar Summit International Co., Ltd.
19. Jining De-Rain Trading Co., Ltd.
20. Jining Highton Trading Co., Ltd.
21. Jining Jiulong International Trading Co., Ltd.
22. Jining Tiankuang Trade Co., Ltd.
23. Jinxiang County Huaguang Food Import & Export Co., Ltd.
24. Jinxiang Fengsheng Import & Export Co., Ltd.
25. Jinxiang Jinma Fruits Vegetables Products Co., Ltd.
26. Jinxiang Shenglong Trade Co., Ltd.
27. Jinxiang Tianheng Trade Co., Ltd.
28. Kingwin Industrial Co., Ltd.
29. Laiwu Fukai Foodstuff Co., Ltd.
30. Laizhou Xubin Fruits and Vegetables
31. Linshu Dading Private Agricultural Products Co., Ltd.
32. Linyi City Hedong District Jiuli Foodstuff Co.
33. Linyi City Kangfa Foodstuff Drinkable Co., Ltd.
34. Linyi Katayama Foodstuffs Co., Ltd.
35. Linyi Tianqin Foodstuff Co., Ltd.
36. Ningjin Ruifeng Foodstuff Co., Ltd.
37. Qingdao Apex Shipping Co., Ltd.
38. Qingdao BNP Co., Ltd.
39. Qingdao Cherry Leather Garment Co., Ltd.
40. Qingdao Chongzhi International Transportation Co., Ltd.
41. Qingdao Saturn International Trade Co., Ltd.
42. Qingdao Sino-World International Trading Co., Ltd.
43. Qingdao Winner Foods Co., Ltd.
44. Qingdao Yuankang International
45. Qufu Dongbao Import & Export Trade Co., Ltd.
46. Rizhao Huasai Foodstuff Co., Ltd.
47. Samyoung America (Shanghai) Inc.
48. Shandong Chengshun Farm Produce Trading Co., Ltd.
49. Shandong China Bridge Imports
50. Shandong Dongsheng Eastsun Foods Co., Ltd.
51. Shandong Garlic Company
52. Shandong Sanxing Food Co., Ltd.
53. Shandong Wonderland Organic Food Co., Ltd.
54. Shandong Xingda Foodstuffs Group Co., Ltd.
55. Shandong Yipin Agro (Group) Co., Ltd.
56. Shanghai Ever Rich Trade Company
57. Shanghai Goldenbridge International Co., Ltd.
58. Shanghai Great Harvest International Co., Ltd.
59. Shanghai Medicines & Health Products Import/Export Co., Ltd.
60. Shanghai Yijia International Transportation Co., Ltd.
61. Shenzhen Fanhui Import & Export Co., Ltd.
62. Shenzhen Greening Trading Co., Ltd.
63. T&S International, LLC.
64. Taian Eastsun Foods Co., Ltd.
65. Taian Fook Huat Tong Kee Pte. Ltd.
66. Taian Solar Summit Food Co., Ltd.
67. Taiyan Ziyang Food Co., Ltd.
68. Tianjin Spiceshi Co., Ltd.
69. U.S. United Logistics (Ningbo) Inc.
70. V.T. Impex (Shandong) Limited
71. Weifang Jinbao Agricultural Equipment Co., Ltd.
72. Weihai Textile Group Import & Export Co., Ltd.
73. WSSF Corporation (Weifang)
74. Xiamen Huamin Import Export Company
75. Xiamen Keep Top Imp. and Exp. Co., Ltd.
76. Xinjiang Top Agricultural Products Co., Ltd.
77. Yishui Hengshun Food Co., Ltd.
78. You Shi Li International Trading Co., Ltd.
79. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd.
80. Zhengzhou Harmoni Spice Co., Ltd.
81. Zhengzhou Xiwannian Food Co., Ltd.

Appendix II

Separate Rate Companies

1. Jinan Farmlady Trading Co., Ltd.
2. Jining Maycarrier Import & Export Co., Ltd.
3. Jining Shengtai Vegetables & Fruits Co., Ltd.
4. Jining Shunchang Import & Export Co., Ltd.
5. Jining Yongjia Trade Co., Ltd.
6. Jinxiang Feiteng Import & Export Co., Ltd.
7. Jinxiang Guihua Food Co., Ltd.
8. Jinxiang Hejia Co., Ltd.
9. Shenzhen Bainong Co., Ltd.
10. Shenzhen Yuting Foodstuff Co., Ltd.
11. Weifang Hongqiao International Logistics Co., Ltd.
12. Yantai Jinyan Trading Inc.

Appendix III

Companies That Have Certified No Shipments

1. Jining Yifa Garlic Produce Co., Ltd.
2. Jinxiang Richfar Fruits & Vegetables Co., Ltd.
3. Jinxiang Yuanxin Import & Export Co., Ltd.
4. Lanling Qingshui Vegetable Foods Co., Ltd.
5. Qingdao Lianghe International Trade Co., Ltd.
6. Qingdao Sea-line International Trading Co.
7. Qingdao Xiangtiangfeng Foods Co., Ltd.
8. Shandong Chenhe International Trading Co., Ltd.
9. Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
10. Shijazhuang Goodman Trading Co., Ltd.

[FR Doc. 2015-30791 Filed 12-4-15; 8:45 am]
 BILLING CODE 3510-DS-P