[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31734-31736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14608]


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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; 2017-2018

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

SUMMARY: On May 23, 2018, the Department of Commerce (Commerce) 
received a timely request for a semiannual new shipper review (NSR) 
from Jinxiang Infang Fruit & Vegetable Co., Ltd (Infang), in accordance 
with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended. 
Commerce has determined that the request for a NSR of the antidumping 
duty order on Fresh Garlic from the People's Republic of China (China) 
meets the statutory and regulatory requirements for initiation. The 
period of review (POR) is November 1, 2017, through May 31, 2018.

DATES: Applicable July 9, 2018.

FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations, 
Office VII, Enforcement and

[[Page 31735]]

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

    Commerce published the antidumping duty order on fresh garlic from 
China in the Federal Register on November 16, 1994.\1\ On May 23, 2018, 
Commerce received a timely request for a NSR from Infang.\2\ Infang 
certified that it is the exporter 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), Infang 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), Infang 
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 China.\5\ 
Infang 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 Infang's Letter, ``Fresh Garlic from the People's 
Republic of China: Request for New-Shipper Review,'' dated May 23, 
2018 (Infang's NSR Request).
    \3\ Id. at Exhibit 1.
    \4\ Id.
    \5\ Id.
    \6\ Id. at 4.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Infang 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 Exhibit 3.
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    Pursuant to 19 CFR 351.214(b)(2)(ii)(B), since Infang is the 
exporter, but not the producer of the subject merchandise, Infang's 
producer, Jinxiang Excelink Foodstuffs Co., Ltd. (Excelink) certified: 
(1) That it did not export subject merchandise to the United States 
during the period of investigation; (2) that it has never been 
affiliated with any producer or exporter that did export of subject 
merchandise to the United States during the POI; and (3) that Excelink 
produced the subject merchandise exported by Infang in the relevant 
POR.\8\
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    \8\ Id. at Exhibit 2.
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    Commerce queried the database of U.S. Customs and Border Protection 
(CBP) in an attempt to confirm that the shipment reported by Infang had 
entered the United States for consumption and that liquidation had been 
properly suspended for antidumping duties. The information which 
Commerce examined was consistent with that provided by Infang in its 
request.\9\ In particular, the CBP data confirmed the price and 
quantity reported by Infang for the sale that forms the basis for this 
NSR request.
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    \9\ 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 18, 2018.
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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 an 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. Infang made the 
request for an 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. Infang also 
requested that Commerce use the discretion afforded it under 19 CFR 
351.214(f)(2)(ii) to alter the POR to capture the entry. As stated by 
Infang, ``{t{time} he invoice and export date of the shipment was 
during the six-month POR, but the shipment entered the United States . 
. . after this period.'' \10\ Based on the information provided by 
Infang, Commerce finds that extending the POR to capture the entry 
would not prevent the completion of the review within the time limits 
set by Commerce's regulations. Therefore, in accordance with 19 CFR 
351.214(f)(2)(ii), Commerce is extending the POR by one month. 
Accordingly, the POR is November 1, 2017, through May 31, 2018.\11\
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    \10\ See Infang's NSR Request at 4 (BPI omitted).
    \11\ 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, Commerce finds that Infang's request 
meets the threshold requirements for initiation of a NSR and, 
therefore, is initiating an NSR of Infang. Commerce 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.\12\
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    \12\ See section 751(a)(2)(B)(iv) of the Act.
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    It is Commerce'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.\13\ 
Accordingly, Commerce will issue questionnaires to Infang, 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 Infang is not subject to either de jure or 
de facto government control with respect to its exports of fresh 
garlic.
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    \13\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    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.\14\
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    \14\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
Commerce 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).


[[Page 31736]]


    Dated: July 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.
[FR Doc. 2018-14608 Filed 7-6-18; 8:45 am]
 BILLING CODE 3510-DS-P