[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61023-61024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24539]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of the Semiannual Antidumping Duty New Shipper Review of Jinxiang 
Infang Fruit & Vegetable 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 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. Based on our analysis of the 
comments received, we continue to find that Infang's sale was a bona 
fide transaction, and that that sale was made below normal value (NV).

DATES: Applicable November 12, 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 new shipper review of fresh garlic from China 
for the period November 1, 2017 through May 31, 2018.\1\ On June 13, 
2019, Commerce published the preliminary results of this new shipper 
review.\2\ On August 29,

[[Page 61024]]

2019, the deadline for the final results was extended to November 1, 
2019.\3\ On September 19, 2019, Commerce cancelled the planned 
verification of Infang's responses due to the petitioners' \4\ 
withdrawal of their verification request.\5\
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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 New Shipper 
Review,'' dated May 23, 2018.
    \2\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results of the Antidumping Duty New Shipper Review, 84 
FR 27585 (June 13, 2019) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \3\ See Memorandum, ``Fresh Garlic from the People's Republic of 
China--2017-2018 Semiannual Antidumping Duty New Shipper Review: 
Extension of Deadline for the Final Results of the Review,'' dated 
August 29, 2019.
    \4\ The petitioners are the Fresh Garlic Producers Association 
(FGPA) and its individual members: Christopher Ranch L.L.C., the 
Garlic Company, and Valley Garlic.
    \5\ See Petitioners' Letter, ``27th New Shipper Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China--Petitioners' Withdrawal of Request for Verification,'' dated 
August 23, 2019.
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    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, hereby adopted by this notice.\6\ 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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    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Semiannual 2017-2018 Antidumping Duty New Shipper Review: 
Fresh Garlic from the People's Republic of China,'' dated November 
1, 2019 (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.\7\ Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written product description is dispositive.
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    \7\ See the Issues and Decision Memorandum.
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Final Results of New Shipper Review

    As explained in the Issues and Decision Memorandum, we continue to 
find that Infang's sale is bona fide within the meaning of section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act). 
Commerce continues to find that the following weighted-average dumping 
margin exists for the period November 1, 2017 through May 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                dumping
                      Producer/exporter                         margin
                                                               (dollars
                                                                per kg)
------------------------------------------------------------------------
Producer: Jinxiang Excelink Foodstuffs Co., Ltd.............        4.31
Exporter: Jinxiang Infang Fruit & Vegetable Co., Ltd........
------------------------------------------------------------------------

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

    The following cash deposit requirements will be effective upon 
publication of the final results of the NSR of Infang for shipments of 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act. Commerce will instruct U.S. Customs 
and Border Protection (CBP) to collect the following cash deposits: (1) 
For subject merchandise produced and exported by the producer and 
exporter combination listed in the ``Final Results of New Shipper 
Review'' section above, the cash deposit rate will be the rate listed 
above; (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 
relevant exporter. These deposit requirements shall remain in effect 
until further notice.

Assessment Instructions

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions directly to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a 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 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.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: November 1, 2019.
Jeffrey I. Kessler,
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. Discussion of the Issues
    Comment 1: Whether Romania or Mexico is a Significant Producer 
of Comparable Merchandise
    Comment 2: Whether the Garlic Market in Romania is Distorted
    Comment 3: Whether Garlic Grown in Romania or Mexico is of a 
Comparable Size to Garlic in China
    Comment 4: Whether Romania or Mexico Offer the Best Data
V. Recommendation

[FR Doc. 2019-24539 Filed 11-8-19; 8:45 am]
 BILLING CODE 3510-DS-P