[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57717-57718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26388]


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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 Results of Administrative Review and 
Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 19, 2017, the United States Court of 
International Trade (the CIT) entered final judgment sustaining the 
Department of Commerce's (the Department) remand results pertaining to 
19th antidumping duty administrative review of the antidumping duty 
order on fresh garlic from the People's Republic of China (PRC) for 
Hebei Golden Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda 
Industrial Co., Ltd. (Xinboda), and certain non-examined separate rate 
companies. The Department is notifying the public that the final 
judgment in this case is not in harmony with the final results and 
partial rescission of the 19th antidumping duty administrative review, 
and that the Department has assigned Xinboda and other non-examined 
separate rate companies Jinxiang Richfar Fruits & Vegetables Co, Ltd. 
(Jinxiang Richfar); Qingdao Lianghe International Trade Co., Ltd. 
(Qingdao Lianghe); Shandong Chenhe International Trading Co., Ltd. 
(Shandong Chenhe); and Weifang Hongqiao International Logistics Co., 
Ltd. (Weifang Hongqiao) a dumping margin of $2.19 per kilogram.

DATES: Applicable September 29, 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

    On June 15, 2015, the Department published the Final Results 
pertaining to mandatory respondents Golden Bird and Jinxiang Hejia Co., 
Ltd. (Hejia), along with other exporters, including non-examined 
separate rate companies Xinboda, Jinxiang Richfar, Qingdao Lianghe, 
Shandong Chenhe, and Weifang Hongqiao.\1\ The period of review (POR) is 
November 1, 2012, through October 31, 2013. In the Final Results, the 
Department relied on total adverse facts available (AFA) with respect 
to Golden Bird and Hejia, and found Golden Bird and Hejia to be part of 
the PRC-wide entity.\2\ The Department assigned a rate of $1.82 per 
kilogram for Xinboda and the other non-examined separate rate 
companies.\3\
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    \1\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 19th Antidumping Duty 
Administrative Review; 2012-2013, 80 FR 34141 (June 15, 2015) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See IDM.
    \3\ Id.
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    On July 27, 2016, the CIT remanded for the Department to consider 
evidence on the record concerning Golden Bird's independence from 
government control to determine whether the company is entitled to 
separate rate status.\4\ The Court ordered the Department to select a 
separate rate for the non-examined companies ``by either employing a 
different reasonable method to calculate the separate rate, such as 
reopening the record to examine new mandatory respondents, reopening 
the record to collect information from which to calculate a reliable 
separate rate, or if it results in a non-punitive rate for separate 
respondents, adjusting the separate rate assigned based on the results 
of remand pursuant to {Fresh Garlic Producers Association v. United 
States, 180 F. Supp. 3d 1233 (CIT 2016), arising out of the eighteenth 
administrative review of the AD order on fresh garlic from the PRC 
(FGPA II){time} .'' \5\
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    \4\ See Shenzhen Xinboda Industrial Co., Ltd., et al., v. United 
States, CIT Slip Op. 16-74, Consol. Ct. No. 15-00179 (July 27, 2016) 
(Garlic 19 Remand) at 30.
    \5\ Id. at 30-31.
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    On April 28, 2017, the Department filed the Final Remand Results, 
continuing to find Golden Bird ineligible for a separate rate.\6\ For 
non-examined separate companies, the Department determined that it 
would establish their rate by applying the updated separate rate 
determined in the remand of the 18th administrative review, pursuant to 
FGPA II.\7\
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    \6\ See Memorandum to The File, ``Final Results of 
Redetermination Pursuant to Remand: Fresh Garlic from the People's 
Republic of China, Shenzhen Xinboda Industrial Co., Ltd., et al. v. 
United States, U.S. Court of International Trade, Consol. Ct. No. 
15-00179, Slip Op. 16-74'' (April 28, 2016).
    \7\ Id.
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    On July 17, 2017, the CIT sustained the Department's Final Remand 
Results as to Golden Bird.\8\ On September 19, 2017, the CIT sustained 
the Department's Final Remand Results as to the separate rate applied 
to non-examined companies.\9\ Thus, the calculations performed with the 
new surrogate values resulted in a weighted-average dumping margin of 
$2.19 per kilogram and was assigned to Xinboda, Jinxiang Richfar, 
Qingdao Lianghe, Shandong Chenhe, and Weifang Hongqiao.
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    \8\ See Hebei Golden Bird Trading Co., Ltd., et al., v. United 
States, CIT Slip Op. 17-86, Ct. No. 15-00182 (July 17, 2017).
    \9\ See Fresh Garlic Producers Association, et al., v. United 
States, CIT Slip Op. 17-127, Consol. Ct. No. 14-00180 (September 19, 
2017) (Slip Op. 17-127).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ 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 September 19, 2017, final judgment sustaining the Final Remand 
Results

[[Page 57718]]

constitutes a final decision of the Court that is not in harmony with 
the Department's Final Results.\12\ This notice is published in 
fulfillment of the Timken publication requirements.
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    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ See Final Results.
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Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to the dumping margin calculated for 
Xinboda. Based on the Final Remand Results, as affirmed by the CIT, the 
revised dumping margin for Xinboda, from November 1, 2011, through 
October 31, 2012, is $2.19 per kilogram. The $2.19 per kilogram dumping 
margin also applies to the following separate rate companies: Jinxiang 
Richfar, Qingdao Lianghe, Shandong Chenhe, and Weifang Hongqiao.
    Because the CIT's ruling was not appealed, it represents a final 
and conclusive court decision, and the Department will instruct Customs 
and Border Protection (CBP) to assess antidumping duties on 
unliquidated entries of subject merchandise based on the revised 
dumping margins summarized above.

Cash Deposit Requirements

    The Department will issue revised cash deposit instructions to CBP, 
adjusting the cash deposit rate for Jinxiang Richfar and Shandong 
Chenhe to $2.19/kg, effective September 29, 2017. The Department will 
not update the cash deposit requirements for Xinboda, Qingdao Lianghe, 
and Weifang Hongqiao as they each have later-determined rates from 
Fresh Garlic From the People's Republic of China: Final Results and 
Partial Rescission of the 21st Antidumping Duty Administrative Review; 
2014-2015, 82 FR 27230 (June 14, 2017).

Notification to Interested Parties

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

    Dated: December 4, 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. 2017-26388 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P