[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33047-33048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15140]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Rescission and Notice of Amended 
Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 26, 2017, the Court of International Trade (the CIT) 
sustained the Department of Commerce's (the Department) final remand 
results pertaining to the new shipper review of the antidumping duty 
order on fresh garlic from the People's Republic of China (PRC) for 
Shijiazhuang Goodman Trading Co., Ltd. (Goodman). The Department is 
notifying the public that the final judgment in this case is not in 
harmony with the final rescission of the new shipper review and that 
the Department has found Goodman eligible for a new shipper review 
resulting in an individually-determined dumping margin of $0.08/kg.

DATES: Applicable June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484.

SUPPLEMENTARY INFORMATION: 

Background

    Goodman is a Chinese producer/exporter of fresh garlic and 
requested a new shipper review on November 27, 2012, and amended that 
request on December 6, 2012.\1\ On January 2, 2013, the Department 
initiated the requested NSR covering the period November 1, 2011, 
through October 31, 2012.
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    \1\ See Goodman's letter, ``Fresh Garlic from the People's 
Republic of China--Re-filing Request for Antidumping New Shipper 
Review of Shijiazhuang Goodman Trading Co., Ltd.,'' (December 6, 
2012).
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    On April 21, 2014, the Department issued the Final Rescission. In 
the Final Rescission, the Department determined that Goodman's sales 
were not bona fide and, accordingly, rescinded its new shipper 
review.\2\ Goodman challenged the Department's findings in the Final 
Rescission at the CIT.
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    \2\ See Fresh Garlic from the People's Republic of China: Final 
Rescission of Antidumping Duty New Shipper Review of Shijiazhuang 
Goodman Trading Co., Ltd., 79 FR 22,098 (April 21, 2014) (Final 
Rescission), and accompanying Issues and Decision Memorandum.
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    On March 22, 2016, the CIT remanded for the Department to 
reconsider its decision.\3\
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    \3\ See Shijiazhuang Goodman Trading Co. v. United States, 172 
F. Supp. 3d 1363, 1368-82 (Ct. Int'l Trade 2016).
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    Per the Court's instructions, the Department reconsidered its 
previous analysis and determined, under protest, Goodman's U.S. sales 
to be bona fide. The Department found Goodman to be eligible for a new 
shipper review and addressed comments raised in case briefs and 
rebuttal briefs during the new shipper review regarding the 
preliminarily-calculated rate. In the final remand results filed with 
the CIT on August 22, 2016 (Final Redetermination), the Department made 
changes to the surrogate values and re-calculated Goodman's 
individually-determined antidumping duty rate to be $0.08 per kilogram.
    On May 26, 2017, the CIT sustained the Department's Final 
Redetermination in full.\4\ Thus, the CIT affirmed the $0.08/kg dumping 
margin the Department calculated for Goodman in the Final 
Redetermination.
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    \4\ See Shijiazhuang Goodman Trading Co., Ltd. v. United States, 
CIT Slip Op. 17-63, Consol. Ct. No. 14-00101 (May 26, 2017).
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(e) of the Tariff Act of 1930, as amended (the Act), the 
Department must publish a notice of a court decision that is not ``in 
harmony'' with a Department determination and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's May 26, 
2017, final judgment sustaining the Final Redetermination constitutes a 
final decision of the Court that is not in harmony with the 
Department's Final Rescission. This notice is published in fulfillment 
of the Timken publication requirements. Accordingly, the Department 
will continue the suspension of liquidation of the subject merchandise 
pending a final and conclusive court decision.
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    \5\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Rescission with respect to the dumping margin calculated for 
Goodman. Based on the Final Redetermination, as affirmed by the CIT, 
the revised dumping margin for Goodman, from November 1, 2011, through 
October 31, 2012, is $0.08/kg.
    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
instruct Customs and Border Protection (CBP) to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised dumping margin listed above.

Cash Deposit Requirements

    Since the Final Rescission, the Department has not established a 
cash deposit rate for Goodman.\7\ Therefore, the Department will issue 
revised cash deposit instructions to CBP, adjusting the cash deposit 
rate for Goodman to $0.08/kg, effective June 5, 2017.
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    \7\ 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 36,721 (June 30, 2014) 
(Final Results).
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Notification to Interested Parties

    This notice is issued and published in accordance with section 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.


[[Page 33048]]


    Dated: July 13, 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. 2017-15140 Filed 7-18-17; 8:45 am]
 BILLING CODE 3510-DS-P