[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Page 23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Amended Final 
Results of Antidumping Duty Administrative Review; 2010-2011

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

SUMMARY: The Department of Commerce (the Department) is amending its 
final results of the administrative review of the antidumping duty 
order on fresh garlic from the People's Republic of China (PRC) for the 
period of review is November 1, 2010, through October 31, 2011.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230: telephone: (202) 482-
6251 or (202) 482-4956, respectively.

SUPPLEMENTARY INFORMATION: Following the publication of the Final 
Results, Weifang Hongqiao International Logistics Co., Ltd., Qingdao 
Xintianfeng Foods Co., Ltd., and Shandong Jinxiang Zhengyang Import and 
Export Co., Ltd. (collectively, Separate Rate Respondents) challenged 
the Department's Final Results in the United States Court of 
International Trade (CIT). In the Final Results, the Department 
calculated a de minimis rate for the two mandatory respondents, but 
found that averaging the mandatory respondents' de minimis rates would 
not be reasonably reflective of the potential dumping margins of the 
companies not selected for individual examination.\1\ The Department 
found the Separate Rate Respondents eligible for a separate rate, but 
did not select them for individual examination.\2\ The Department 
established the dumping margin for the Separate Rate Respondents by 
applying the most recently-calculated rate under this order, which was 
not affected by the Department's zeroing methodology, i.e., $1.28 per 
kilogram, the rate in the 08/09 Garlic NSR.\3\ The Separate Rate 
Respondents challenged the Department's selection of the $1.28 per 
kilogram dumping margin.\4\
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    \1\ IDM at 4.
    \2\ IDM at 3-4.
    \3\ Final Results, 78 FR at 36169.
    \4\ Weifang Hongqiao International Logistics Co., Ltd. et al. v. 
United States, Consol. Case No. 13-00228.
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    On April 14, 2017, the United States, the Separate Rate 
Respondents, and the petitioner \5\ entered into an agreement to settle 
this dispute. On April 17, 2017, the United States, the Separate Rate 
Respondents, and the petitioner filed a stipulation for entry of 
judgment with the CIT. On April 19, 2017, the CIT entered judgment by 
stipulation. Consistent with the settlement agreement and the judgment 
by stipulation, these Amended Final Results assign each Separate Rate 
Respondent a $0.00 per kilogram dumping margin for the POR. The Amended 
Final Results make no other modification to the Department's findings 
in the Final Results.
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    \5\ The Fresh Garlic Producers Association and its individual 
members, Christopher Ranch, LLC, the Garlic Company, Valley Garlic, 
and Vessey and Company, Inc.
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    Within fifteen days of publication of these Amended Final Results, 
we will instruct U.S. Customs and Border Protection to liquidate all 
unliquidated entries of fresh garlic from the PRC produced and/or 
exported by Weifang Hongqiao International Logistics Co., Ltd., Qingdao 
Xintianfeng Foods Co., Ltd., and Shandong Jinxiang Zhengyang Import and 
Export Co., Ltd., and entered, or withdrawn from warehouse, for 
consumption in the United States during the POR at the assessment rate 
of $0.00 per kilogram.
    We are issuing and publishing these Amended Final Results of review 
and notice in accordance with section 516A(e) of the Act.

    Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-10350 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P