[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50636-50637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21733]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final 
Rescission of the Semiannual Antidumping Duty New Shipper Review of 
Qingdao Doo Won Foods Co., Ltd.

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

SUMMARY: The Department of Commerce (Commerce) has conducted a new 
shipper review (NSR) 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). Based on our analysis of the comments 
received, we continue to find Doo Won is not the producer of the fresh 
garlic it exported to the United States. Consequently, we are 
rescinding this NSR.

DATES: Applicable October 9, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace and Alex Cipolla, 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 and (202) 
482-4956, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2017, Commerce published a notice of initiation of a 
new shipper review of fresh garlic from China for the period November 
1, 2016, through April 30, 2017.\1\ On May 17, 2018, Commerce published 
the preliminary results of this new shipper review.\2\ On August 1, 
2018, Commerce

[[Page 50637]]

cancelled the planned verification of Doo Won's responses due to the 
unverifiable state of the record.\3\ The period of review (POR) is 
November 1, 2016, through April 30, 2017. A summary of the events that 
occurred since Commerce published the Preliminary Results, as well as a 
full discussion of the issues raised by parties for this final 
determination, are found in the Issues and Decision Memorandum, dated 
concurrently with, and hereby adopted by, this notice.\4\ The Issues 
and 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 
it is available to all parties in the Central Records Unit, Room B8024 
of the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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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 Fresh Garlic from the People's Republic of China: 
Preliminary Rescission of the New Shipper Review, 83 FR 22959 (May 
17, 2018) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum.
    \3\ See Commerce's Letter, ``Semiannual New Shipper Review of 
the Antidumping Duty Order on Fresh Garlic from the People's 
Republic of China--Cancellation of Qingdao Doo Won Food Co., Ltd.'s 
Verification,'' dated August 1, 2018.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Rescission of Antidumping Duty Semiannual New Shipper Review 
on Fresh Garlic from the People's Republic of China: Qingdao Doo Won 
Foods Co., Ltd.,'' dated October 1, 2018 (Issues and Decision 
Memorandum).
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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. 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 Issues and Decision Memorandum.\5\ Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description is dispositive.
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    \5\ See the Issues and Decision Memorandum.
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Final Rescission of New Shipper Review

    As explained in the Issues and Decision Memorandum, we continue to 
find that Doo Won is not the producer of the garlic subject to this 
review. Accordingly, its new shipper review request was invalid under 
19 CFR 351.214(b)(2)(ii). As a result, we are rescinding the new 
shipper review of Doo Won.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that are 
raised in the briefs and addressed in the Issues and Decision 
Memorandum is in the Appendix to this notice.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSR of 
Doo Won, Commerce will instruct U.S. Customs and Border Protection 
(CBP) to collect cash deposits for exports of subject merchandise by 
Doo Won entered, or withdrawn from warehouse, for consumption on or 
after the publication date, at the China-wide rate.\6\
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    \6\ See 19 CFR 351.212(c).
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Assessment Instructions

    As the result of this rescission of the NSR of Doo Won, the entries 
of Doo Won covered by this NSR will be assessed at the cash deposit 
rate required at the time of entry, which is the China-wide rate.

Notification to Importers

    This notice serves as final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary of Commerce's presumption 
that reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Return or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of business proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We 
request timely written notification of return or destruction of APO 
materials or conversion to judicial protective order. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published this notice in accordance with 
sections 751(i) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: October 1, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Bona Fides Analysis
V. Finding that Doo Won is not the Producer of the Subject 
Merchandise
VI. Discussion of the Issues
    Comment 1: Whether Doo Won was the Producer of the Subject 
Merchandise
    Comment 2: Whether Commerce's Reliance on ``Inconsistencies'' in 
Doo Won's Responses to Substantiate its Cancellation of Verification 
is Reasonable
    Comment 3: Whether Commerce is Obligated to Verify or Utilize 
Doo Won's Reported Information
    Comment 4: Whether Commerce Wrongfully Rejected Doo Won's New 
Factual Information
VII. Recommendation

[FR Doc. 2018-21733 Filed 10-5-18; 8:45 am]
 BILLING CODE 3510-DS-P