[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67911-67913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26022]


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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 
26th Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is conducting the 26th 
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, 2019, through October 31, 
2020. Commerce preliminarily determines that the only mandatory 
respondent for which a request for review remains, Jining Shunchang 
Import & Export Co., Ltd. (Shunchang), 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, because it 
was the sole remaining request for the other mandatory respondent, 
Zhengzhou Harmoni Spice Co., Ltd. (Harmoni), we have preliminarily 
rescinded the review with respect to Harmoni. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable November 30, 2021.

FOR FURTHER INFORMATION CONTACT: Leo Ayala or Charles DeFilippo, 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) 482-3979.

SUPPLEMENTARY INFORMATION:

Background

    On January 6, 2021, Commerce initiated the twenty-sixth 
administrative review of antidumping duty order on fresh garlic from 
China \1\ with respect to eighteen companies.\2\ Commerce initially 
selected Harmoni for individual examination.\3\ After issuing a 
standing questionnaire to Roots Farm, and Roots Farm's failure to 
timely respond, Commerce indicated its intent to preliminarily rescind 
review of Harmoni, and selected Shunchang as the only respondent 
subject to individual examination.\4\
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    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 511, 515 (January 6, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated April 12, 2021.
    \4\ See Memorandum, ``Intent to Preliminarily Rescind, in 
Part,'' dated July 6, 2021.
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Scope of the Order

    The products subject to the Order are all grades of garlic, whole 
or separated into 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, 0703.20.0005, 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. 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 the ``Scope of the Order'' section in the accompanying Preliminary 
Decision Memorandum, hereby adopted by this notice.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Rescission, and Final Rescission, In Part, of 
the 2019-2020 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 March 23, 2021, all review requests were timely withdrawn for 
fifteen companies.\6\ 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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    \6\ See Best Buy Letter, ``Fresh Garlic from the People's 
Republic of China--Withdrawal of Request for Administrative 
Review,'' dated February 17, 2021; see also Petitioners' Letter, 
``26th Administrative Review of the Antidumping Duty Order on Fresh 
Garlic from the People's Republic of China--Petitioners' Partial 
Withdrawal of Review Request,'' dated March 23, 2021; and Harmoni's 
Letter, ``Harmoni Withdrawal of Review Request: Twenty-Sixth 
Administrative Review of the Antidumping Duty Order on Fresh Garlic 
from the People's Republic of China (A-570-831),'' dated March 26, 
2021.
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Preliminary Rescission of Administrative Review

    As discussed in the accompanying Preliminary Decision Memorandum, 
Commerce has preliminarily determined that the review request from 
Roots Farm was invalid ab initio, and is preliminarily rescinding the

[[Page 67912]]

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 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as Appendix II to this notice.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ 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 \8\ 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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    \7\ 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).
    \8\ The companies that are part of the China-wide entity are 
Jining Shunchang Import & Export Co., Ltd. and Jining Shunchang Food 
Co., Ltd.
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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, 2019, through October 31, 2020:
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    \9\ Id.

------------------------------------------------------------------------
                                                            Weighted-
                                                          average margin
                        Exporter                           (dollars per
                                                            kilogram)
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China-Wide Entity \9\..................................            4.71
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Public Comment and Opportunity To Request a Hearing

    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 
seven days after the deadline date for case briefs.\10\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\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 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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    \10\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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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-

[[Page 67913]]

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: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Companies for Which Administrative Reviews Have Been Rescinded

1. Hengshui Chaoran International Trade
2. Jining Greenstream Fruits & Vegetables Co., Ltd.
3. Jinxiang Wanxing Garlic Co., Ltd.
4. Laiwu Manhing Vegetables Fruits Corp.
5. Linyi Mingda Food Co., Ltd.
6. China Jiangsu International Economic Technical Cooperation 
Corporation
7. Hebei Holy Flame International
8. Jining Alpha Food Co. Ltd.
9. Jinxiang Qingtian Garlic Industries
10. Qingdao Maycarrier Import & Export Co., Ltd.
11. Qingdao Ritai Food Co., Ltd.
12. Shandong Happy Foods Co., Ltd.
13. Shijiazhuang Goodman Trading Co., Ltd.
14. Weifang Hongqiao International Logistics Co., Ltd.
15. Yingxin (Wuqiang) International Trade

Appendix II

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. 2021-26022 Filed 11-29-21; 8:45 am]
BILLING CODE 3510-DS-P