[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22959-22960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Rescission of the New Shipper Review

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

SUMMARY: The Department of Commerce (Commerce) is conducting a new 
shipper review of Qingdao Doo Won Foods Co., Ltd. (Doo Won) regarding 
the antidumping duty order on fresh garlic from the People's Republic 
of China (China). The period of review (POR) is November 1, 2016, 
through April 30, 2017. Because we have concluded preliminarily that 
Doo Won is not the producer of the fresh garlic it exported to the 
United States, we are preliminarily rescinding this review with respect 
to Doo Won. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable Date: May 17, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On July 10, 2017, Commerce published a notice of initiation of a 
new shipper review of fresh garlic from the China for the period 
November 1, 2016, through April 30, 2017.\1\ On December 4, 2017, we 
extended the deadline for the preliminary results to April 30, 2018.\2\ 
Commerce exercised its discretion to toll all deadlines affected by the 
closure of the Federal Government from January 20 through 22, 2018.\3\ 
The revised deadline for the preliminary results is May 2, 2018.
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    \1\ See Fresh Garlic from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2016-2017, 82 FR 
31756 (July 10, 2017).
    \2\ See Memorandum ``Fresh Garlic from the People's Republic of 
China--Semiannual Antidumping Duty New Shipper Review (2016-2017): 
Extension of Deadline for the Preliminary Results of the Review,'' 
dated December 4, 2017. If the new deadline falls on a non-business 
day, in accordance with Commerce's practice, the deadline will 
become the next business day.
    \3\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government'' (Tolling Memorandum),'' dated January 23, 2018. 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
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Scope of the Order

    The merchandise covered by this order is all grades of garlic, 
whether whole or separated into constituent cloves.\4\ The subject 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000, 
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, and 2005.99.9700. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written product description is dispositive.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Rescission of the Antidumping Duty New Shipper Review of Fresh 
Garlic from the People's Republic of China: Qingdao Doo Won Foods 
Co., Ltd.,'' dated concurrently with and hereby adopted by this 
notice (Preliminary Decision Memorandum), for a complete description 
of the Scope of the Order.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2)(B)

[[Page 22960]]

of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. 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 in Commerce's 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.

Preliminary Rescission of Doo Won NSR

    For the reasons detailed in the Preliminary Decision Memorandum, we 
preliminarily find that Doo Won's sale under review is bona fide. 
However, we also preliminarily find that Doo Won is not the producer of 
the garlic subject to this review and, therefore, does not provide a 
reasonable or reliable basis for calculating a dumping margin. As a 
result, we are preliminarily rescinding the new shipper review of Doo 
Won.

Disclosure and Public Comment

    Commerce intends to disclose the analysis performed for these 
preliminary results to the parties 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 by no later than 30 days 
after the date of publication of these preliminary results of 
review.\5\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no later than five days after the written comments are 
filed.\6\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\7\ 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 briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in any such comments, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), Commerce will determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. If we proceed to a final rescission of the new shipper review, 
Doo Won's entries will be assessed at the rate entered.\9\ If we do not 
proceed to a final rescission of the new shipper review, pursuant to 19 
CFR 351.212(b)(1), we will calculate importer-specific assessment 
rates. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis.\10\
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    \9\ See 19 CFR 351.212(c).
    \10\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results or final rescission of this NSR for 
entries of subject merchandise by Doo Won. If Commerce proceeds to a 
final rescission of the new shipper review, the cash deposit rate will 
continue to be the China-wide rate. If we issue final results of the 
new shipper review for Doo Won, we will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Verification

    Consistent with 19 CFR 351.307(b)(1)(iv), we intend to verify the 
information relied upon in making its decision.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 771(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: May 2, 2018.
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.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Preliminary Finding That Doo Won Is Not the Producer
VI. Verification
VII. Recommendation

[FR Doc. 2018-10557 Filed 5-16-18; 8:45 am]
BILLING CODE 3510-DS-P