[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