[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rescinded the review with respect to the other mandatory respondent,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:
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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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