[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15903-15905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06182]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results, Preliminary Rescission, and Final Rescission, In Part, of the 
25th Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) is conducting the 25th 
administrative review of the antidumping duty order on fresh garlic 
from the People's Republic of China (China). The period of review (POR) 
for the administrative review is November 1, 2018, through October 31, 
2019. Commerce preliminarily determines that the only mandatory 
respondent for which a request for review remains, Shijiazhuang Goodman 
Trading Co., Ltd. (Goodman), failed to establish its eligibility for a 
separate rate and therefore is part of the China-wide entity. We also 
preliminarily find that the review request made by The Roots Farm Inc. 
(Roots Farm) was not valid, and accordingly have preliminarily 
rescinded the review with respect to the other mandatory respondent, 
Zhengzhou Harmoni Spice Co., Ltd. (Harmoni). We invite interested 
parties to comment on these preliminary results.

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: Leo Ayala or 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) 482-3945 or (202) 482-4956.

SUPPLEMENTARY INFORMATION: 

Background

    On January 17, 2020, Commerce initiated the twenty-fifth 
administrative review of fresh garlic from China with respect to eleven 
companies.\1\ On April 24, 2020, and July 21, 2020, Commerce tolled 
certain deadlines in administrative reviews by 50 days and 60 days, 
respectively, thereby extending the deadline for these preliminary 
results to November 19, 2020.\2\ On October 20, 2020, Commerce extended 
the deadline for the preliminary results of this review.\3\ The revised 
deadline for the preliminary results is now March 19, 2021.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014 (January 17, 2020).
    \2\ See Memoranda, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; and 
``Tolling of Deadlines for Antidumping and Countervailing Duty 
Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Fresh Garlic from the People's Republic of 
China--25th Administrative Review (2018-2019): Extension of Deadline 
for the Preliminary Results of the Review,'' dated October 20, 2020.
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Scope of the Order

    The products subject to the antidumping duty order are all grades 
of garlic, whole or separated into

[[Page 15904]]

constituent cloves. Fresh garlic that are subject to the order are 
currently classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) 0703.20.0000, 0703.20.0010, 0703.20.0015, 0703.20.0020, 
0703.20.0050, 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. Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description remains dispositive. For a full 
description of the scope of this order, please see ``Scope of the 
Order'' in the accompanying Preliminary Decision Memorandum, hereby 
adopted by this notice.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Rescission, and Final Rescission, In Part, of 
the 2018-2019 Antidumping Duty Administrative Review: Fresh Garlic 
from the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review

    On April 15, 2020, the sole review requests were timely withdrawn 
for five companies.\5\ Commerce is, therefore, partially rescinding 
this administrative review with respect to the companies listed in 
Appendix I, in accordance with 19 CFR 351.213(d)(1).
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    \5\ See Petitioners' Letter, ``25th Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China--Petitioners' Partial Withdrawal of Review Request,'' dated 
April 15, 2020.
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Preliminary Rescission of Administrative Review

    In addition, as discussed at ``Preliminary Rescission of 
Administrative Review'' in the accompanying Preliminary Decision 
Memorandum, Commerce has preliminarily determined that the review 
request from Roots Farm was invalid, and is preliminarily rescinding 
the administrative review with respect to one mandatory respondent, 
Harmoni.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended, 
(the Act) and 19 CFR 351.214.
    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 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://enforcement.trade.gov/frn/. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
Appendix IV to this notice.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\6\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity in this review, 
the entity is not under review and the entity's rate (i.e., $4.71/kg) 
is not subject to change. Aside from the companies for which the review 
is being rescinded or preliminarily rescinded, Commerce considers all 
other companies \7\ for which a review was requested, and which did not 
preliminarily qualify for a separate rate, to be part of the China-wide 
entity. For additional information, see the Preliminary Decision 
Memorandum.
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    \6\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \7\ The companies that are part of the China-wide entity are 
Shijiazhuang Goodman Trading Co., Ltd.; Qingdao Maycarrier Import & 
Export Co., Ltd.; and Weifang Hongqiao International Logistics Co., 
Ltd.
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Preliminary Determination of Separate Rates for Non-Selected Companies

    In accordance with section 777A(c)(2)(B) of the Act, Commerce 
employed a limited examination methodology, as it determined that it 
would not be practicable to examine individually all companies for 
which a review request was made.\8\ There were two exporters of subject 
merchandise from China that have demonstrated their eligibility for a 
separate rate but were not selected for individual examination in this 
review. These two exporters are listed in Appendix III.
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    \8\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Fresh Garlic from the People's Republic of China: 
Selection of Respondents for Individual Examination,'' dated 
February 20, 2020.
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    Neither the Act nor Commerce's regulations address the 
establishment of the rate applied to individual companies not selected 
for examination where Commerce limited its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Commerce's practice in cases involving limited selection based on 
exporters accounting for the largest volume of imports has been to look 
to section 735(c)(5) of the Act for guidance, which provides 
instructions for calculating the all-others rate in a market economy 
investigation. Section 735(c)(5)(A) of the Act instructs Commerce to 
use rates established for individually investigated producers and 
exporters, excluding any rates that are zero, de minimis, or based 
entirely on facts available in investigations. In this administrative 
review, neither reviewed respondent received a weighted-average dumping 
margin. Therefore, for the preliminary results, Commerce has 
preliminarily determined to assign the separate-rate from the prior 
review,\9\ which was Goodman's calculated rate, to the non-selected 
separate-rate companies.
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    \9\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission, of the 24th Antidumping Duty 
Administrative Review; 2017-2018, 85 FR 71049 (November 6, 2020).
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Preliminary Results of Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period November 1, 2018, through October 31, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                          average margin
                        Exporter                           (dollars per
                                                             kilogram)
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Shandong Happy Foods Co., Ltd...........................            4.34
Jining Alpha Food Co., Ltd..............................            4.34
China-Wide Entity \10\..................................            4.71
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Public Comment and Opportunity to Request a Hearing
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    \10\ The companies that are part of the China-wide entity in 
this review are Shijiazhuang Goodman Trading Co., Ltd.; Qingdao 
Maycarrier Import & Export Co., Ltd.; and Weifang Hongqiao 
International Logistics Co., Ltd.
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    Pursuant to 19 CFR 351.309(c)(1)(ii), case briefs or other written 
comments may be submitted within thirty days after the date on which 
this notice is published in the Federal Register, and rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\11\ 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 issue; (2) a brief

[[Page 15905]]

summary of the argument; and (3) a table of authorities. All 
electronically filed documents must be received successfully and timely 
in their entirety by Commerce's electronic records system, ACCESS.
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    \11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310, any interested party may request a 
hearing within 30 days of publication of this notice. 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 case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing.
    Commerce intends to issue the final results of this review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review, in accordance 
with 19 CFR 351.212(b). For the companies for which this review is 
rescinded, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(l)(i). Commerce will direct CBP to assess rates 
based on the per-unit (i.e., per kilogram) amount on each entry of the 
subject merchandise during the POR. Commerce intends to issue 
assessment instructions to CBP 35 days after the publication date of 
the final results of review.
    Commerce announced a refinement to its assessment practice in NME 
cases. Pursuant to this refinement in practice, for merchandise that 
was not reported in the U.S. sales databases submitted by an exporter 
individually examined during this review, but that entered under the 
case number of that exporter (i.e., at the individually-examined 
exporter's cash deposit rate), Commerce will instruct CBP to liquidate 
such entries at the NME-wide rate. In addition, if Commerce determines 
that an exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
China-wide rate.\12\
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    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2) of the Act: (1) For the companies listed above, the 
cash deposit rate will be the rate established in these final results 
of review (except, if the rate is zero or de minimis, then zero cash 
deposit will be required for that company); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the exporter-specific rate published for the most recent period; (3) 
for all Chinese exporters of subject merchandise which have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the China-wide rate of 4.71 U.S. dollars per kilogram; and (4) for all 
non-Chinese exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied that non-Chinese exporter. These 
requirements, when imposed, shall remain in effect until further 
notice.

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 review period. 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 to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Companies for Which Administrative Reviews Have Been Rescinded

1. China Jiangsu International Economic Technical Cooperation 
Corporation
2. Hebei Holy Flame International
3. Jinxiang Qingtian Garlic Industries
4. Qingdao Ritai Food Co., Ltd.
5. Yingxin (Wuqiang) International Trade

Appendix II

Companies for Which Administrative Review Has Been Preliminarily 
Rescinded

1. Zhengzhou Harmoni Spice Co., Ltd.

Appendix III

Non-Selected Separate Rate Companies

1. Jining Alpha Food Co., Ltd.
2. Shandong Happy Foods Co., Ltd.

Appendix IV

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Recommendation

[FR Doc. 2021-06182 Filed 3-24-21; 8:45 am]
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