[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31756-31757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14383]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Semiannual Antidumping Duty New Shipper Review; 2016-2017

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

SUMMARY: On May 19, 2017, the Department received a timely request for 
a semiannual new shipper review (NSR) from Qingdao Doo Won Foods Co., 
Ltd. (Doo Won). 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, 2016, through April 30, 2017.

DATES: Effective July 10, 2017.

FOR FURTHER INFORMATION CONTACT: 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-
4956.

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 
19, 2017, the Department received a timely request for a NSR from Doo 
Won.\2\ Doo Won 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), Doo 
Won certified that it did not export fresh garlic for sale to the 
United States during the period of investigation (POI).\3\ Moreover, 
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Doo Won 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.\4\ 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.\5\ Doo Won also certified it had no 
subsequent shipments of subject merchandise.\6\
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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 Doo Won's Letter, ``Fresh garlic from the People's 
Republic of China: Request for New-Shipper Review,'' (November 30, 
2016).
    \3\ Id. at Attachment 1.
    \4\ Id.
    \5\ Id.
    \6\ Id. at 2.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Doo Won 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; and (3) the volume of that shipment.\7\
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    \7\ Id. at Attachment 2.
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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 
Doo Won had entered the United States for

[[Page 31757]]

consumption and that liquidation had been properly suspended for 
antidumping duties. The information which the Department examined was 
consistent with that provided by Doo Won in its request.\8\ In 
particular, the CBP data confirmed the price and quantity reported by 
Doo Won for the sale that forms the basis for this NSR request.
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    \8\ See Memorandum, ``New Shipper Review of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China: U.S. 
Customs and Border Protection Entry Data,'' dated June 21, 2017.
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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 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. Doo Won made 
the request for a NSR, which included all documents and information 
required by the statute and regulations, within one year of the date on 
which its fresh garlic first entered. Its request was filed in May, 
which is the semiannual anniversary month of the order. Therefore, the 
POR is November 1, 2016, through April 30, 2017.\9\
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    \9\ 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 Doo Won's 
request meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating a NSR of Doo Won. 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.\10\
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    \10\ 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.\11\ 
Accordingly, the Department will issue questionnaires to Doo Won, which 
will include a section requesting information with regard to its export 
activities for the purpose of establishing its eligibility for a 
separate rate. The review will proceed if the responses provide 
sufficient indication that Doo Won is not subject to either de jure or 
de facto government control with respect to its exports of fresh 
garlic.
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    \11\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    On February 24, 2016, the President signed into law the ``Trade 
Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made 
several amendments to section 751(a)(2)(B) of the Act. We will conduct 
this new shipper review in accordance with section 751(a)(2)(B) of the 
Act, as amended by the Trade Facilitation and Trade Enforcement Act of 
2015.\12\
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    \12\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
the Department to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
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    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 3, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-14383 Filed 7-7-17; 8:45 am]
BILLING CODE 3510-DS-P