[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27585-27587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12495]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of the Antidumping Duty 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 Jinxiang Infang Fruit & Vegetable Co., Ltd. (Infang) 
regarding the antidumping duty order on fresh garlic from the People's 
Republic of China (China). The period of review (POR) is November 1, 
2017, through May 31, 2018. We have preliminarily determined that 
Infang's sale was a bona fide transaction, and that the sale was made 
below normal value (NV). Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 13, 2019.

FOR FURTHER INFORMATION CONTACT: 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) 482-4956.

SUPPLEMENTARY INFORMATION: 

Background

    On July 9, 2018, at the request of Infang, Commerce published a 
notice of initiation of a semiannual new shipper review of fresh garlic 
from China for the period November 1, 2017, through May 31, 2018.\1\ On 
December 18, 2018, we extended the deadline for the preliminary results 
to April 26, 2019.\2\ Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\3\ Accordingly, the revised deadline for the preliminary results 
was June 5, 2019. On June 5, 2019, Commerce fully extended the deadline 
for the preliminary results.\4\ The revised deadline for the 
preliminary results of this review is now June 7, 2019.
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    \1\ See Fresh Garlic from the People's Republic of China: 
Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-
2018, 83 FR 31734 (July 9, 2018); see also Infang's Letter, ``Fresh 
Garlic from the People's Republic of China--Request for a New 
Shipper Review,'' dated May 23, 2018.
    \2\ See Memorandum, ``Fresh Garlic from the People's Republic of 
China--Semiannual Antidumping Duty New Shipper Review (2017-2018): 
Extension of Deadline for the Preliminary Results,'' dated December 
18, 2018.
    \3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
    \4\ See Memorandum, ``Fresh Garlic from the People's Republic of 
China--Semiannual Antidumping Duty New Shipper Review (2017-2018): 
Extension of Deadline for the Preliminary Results,'' dated June 5, 
2019.
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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.\5\ 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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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Semiannual 2017-2018 Antidumping Duty New Shipper 
Review: Fresh Garlic from the People's Republic of China,'' 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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Separate Rate

    Commerce preliminarily determines that Infang is eligible to 
receive a separate rate in this review.\6\
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    \6\ See Preliminary Decision Memorandum at 5-6.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. Commerce calculated export price in accordance with 
section 772(c) of the Act. Because China is a non-market economy 
country within the meaning of section 771(18) of the Act, Commerce 
calculated normal value in accordance with section 773(c) of the Act.
    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 made available to the 
public electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://

[[Page 27586]]

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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Results of New Shipper Review

    As a result of the new shipper review, Commerce preliminarily 
determines that the following weighted-average dumping margin exists 
for the new shipper review covering the period November 1, 2017, 
through May 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                margin
                      Producer/exporter                        (dollars
                                                                  per
                                                               kilogram)
------------------------------------------------------------------------
Producer: Jinxiang Excelink Foodstuffs Co., Ltd.; Exporter:         4.31
 Jinxiang Infang Fruit & Vegetable Co., Ltd.................
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Disclosure and Public Comment

    Commerce intends to disclose the analysis performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice in accordance with 19 CFR 351.224(b). 
Case briefs or other written comments may be submitted no later seven 
days after the date on which the verification report is issued. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issues; (2) a 
brief summary of the arguments; and (3) a table of authorities. Any 
electronically filed document must be received successfully in its 
entirely by Commerce's electronic records system, ACCESS, by the date 
and time it is due.
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    \7\ See 19 CFR 351.309(c)-(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\8\ 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, Commerce intends to 
notify parties 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.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    Unless the deadline is extended, 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)(iii) of the Act and 19 CFR 351.214(i)(1).

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 Infang's weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent) in the final results of this new shipper 
review, Commerce intends to calculate an importer-specific assessment 
rate on the basis of the ratio of the total amount of dumping 
calculated for each importer's examined sales and, where possible, the 
total entered value of sales in accordance with 19 CFR 351.212(b)(1). 
Where an importer- (or customer-) specific ad valorem rate is zero or 
de minimis, we will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\10\
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    \10\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    With regard to Infang, the respondent in this new shipper review, 
the following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review (1) for 
subject merchandise produced and exported by the producer and exporter 
combination listed in the ``Preliminary Results of New Shipper Review'' 
section above, the cash deposit rate will be that established in the 
final results of this new shipper review; (2) for subject merchandise 
exported by Infang, but not produced by Jinxiang Excelink Foodstuffs 
Co., Ltd., the cash deposit rate will be the rate for the China-wide 
entity; and (3) for subject merchandise produced by Jinxiang Excelink 
Foodstuffs Co., Ltd., but not exported by Infang, the cash deposit rate 
will be the rate applicable to the exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Verification

    Consistent with section 782(i) of the Act and 19 CFR 
351.307(b)(1)(iv), we intend to verify the information provided by 
Infang in the new shipper review using standard verification 
procedures, including on-site inspection of the producer's and 
exporter's facilities, and examination of relevant sales and financial 
records. Any verification results will be outlined in the verification 
report for Infang after completion of the verification.

Notification to Importers

    This notice serves as a preliminary 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

[[Page 27587]]

with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of this new 
shipper review in accordance with sections 751(a)(2)(b) and 777(i) of 
the Act, and 19 CFR 351.214 and 351.221(b)(4).

    Dated: June 7, 2019.
Jeffrey I. Kessler,
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. Discussion of Methodology
    A. Bona Fides Analysis
    B. Non-Market Economy Status
    C. Separate Rate Determination
    D. Surrogate Country and Surrogate Value Data
    E. Surrogate Country Analysis
    F. Surrogate Country Selection
    G. Date of Sale
    H. Comparisons to Normal Value
    I. Export Price
    J. Value-Added Tax
    K. Normal Value
    L. Surrogate Values
    M. Currency Conversion
V. Recommendation

[FR Doc. 2019-12495 Filed 6-12-19; 8:45 am]
 BILLING CODE 3510-DS-P