[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Notices]
[Pages 858-859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28663]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) has determined that 
a request for a new shipper review (NSR) of the antidumping duty order 
on fresh garlic from the People's Republic of China (China) meets the 
statutory and regulatory requirements for initiation. The period of 
review (POR) for the NSR is November 1, 2021, through October 31, 2022.

DATES: Applicable January 5, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the antidumping duty order on fresh garlic on 
November 16, 1994.\1\ On November 30, 2022, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.214(c), Commerce received a timely NSR request from Jining 
Huahui International Co., Ltd. (Huahui).\2\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994).
    \2\ See Huahui's Letter, ``Fresh Garlic from the People's 
Republic of China: Request for New Shipper Review,'' dated November 
30, 2022 (NSR Request).
---------------------------------------------------------------------------

    In its submission, Huahui certified that it is the exporter, but 
not the producer of the subject merchandise subject to this NSR 
request.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 
CFR 351.214(b)(2)(ii)(A), Huahui and its producer certified that it did 
not export fresh garlic to the United States during the period of 
investigation (POI).\4\ Additionally, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Huahui 
and its producer certified that, since the initiation of the 
investigation, it has not been affiliated with any producer or exporter 
that exported fresh garlic to the United States during the POI, 
including those not individually examined during the investigation.\5\ 
As required by 19 CFR 351.214(b)(2)(iii)(B), Huahui and its producer 
also certified that its export activities are not controlled by the 
central government of China.\6\
---------------------------------------------------------------------------

    \3\ Id at Exhibits 1-2.
    \4\ Id.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Huahui submitted documentation establishing the 
following: (1) the date on which it first shipped subject merchandise 
for export to the United States; (2) the volume of its first shipment; 
and (3) the date of its first sale to an unaffiliated customer in the 
United States.\7\
---------------------------------------------------------------------------

    \7\ Id. at Exhibit 4.
---------------------------------------------------------------------------

    Commerce conducted a query of U.S. Customs and Border Protection 
(CBP) data and confirmed that Huahui's subject merchandise entered the 
United States for consumption and that liquidation of such entries had 
been properly suspended for antidumping duties. The CBP data that 
Commerce examined are consistent with information provided by Huahui in 
its NSR request. In particular, the CBP data confirms the price and 
quantity reported by Huahui for the sales that forms the basis of its 
NSR request.\8\
---------------------------------------------------------------------------

    \8\ Id; see also Memorandum, ``Fresh Garlic from the People's 
Republic of China: Initiation Checklist for Antidumping Duty New 
Shipper Review of Jining Huahui International Co., Ltd.,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is November 1, 2021, through October 
30, 2022.

Initiation of NSR

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and based on the information on the record, we find that Huahui's NSR 
request meets the threshold requirements for initiation of an NSR of 
its shipment(s) of fresh garlic to the United States.\9\ However, if 
the information supplied by Huahui is later found to be incorrect or 
insufficient during the course of this NSR, Commerce may rescind the 
review or apply adverse facts available, pursuant to section 776 of the 
Act, as appropriate. Pursuant to 19 CFR 351.221(c)(1)(i), Commerce will 
publish the notice of initiation of an NSR no later than the last day 
of the month following the anniversary or semiannual anniversary month 
of the order. Commerce intends to issue the preliminary results of this 
review no later than 180 days from the date of initiation, and the 
final results of this review no later than 90 days after the date the 
preliminary results are issued.\10\
---------------------------------------------------------------------------

    \9\ See generally NSR Request.
    \10\ See section 751(a)(2)(B)(iii) of the Act.
---------------------------------------------------------------------------

    It is Commerce's practice in cases involving non-market economies 
to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate (i.e., 
separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\11\ 
Accordingly, Commerce will issue questionnaires to Huahui requesting, 
inter alia, information regarding its export activities for the purpose 
of determining whether it is eligible for a separate rate. The review 
of the exporter will proceed if the response provides sufficient 
indication that the exporter is not subject to either de jure or de 
facto government control with respect to its exports of fresh garlic.
---------------------------------------------------------------------------

    \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations Involving Non-Market Economy 
Countries,'' dated April 15, 2005, available at https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

    We intend to conduct this NSR in accordance with section 
751(a)(2)(B) of the Act.\12\ Because Hauhui certified that it exported 
subject merchandise, the sale of which is the basis for its NSR 
request, Commerce will instruct CBP to continue to suspend liquidation 
of all

[[Page 859]]

entries of subject merchandise exported by Huahui. To assist in its 
analysis of the bona fide nature of Huahui's sale(s), upon initiation 
of this NSR, Commerce will require Huahui to submit, on an ongoing 
basis, complete transaction information concerning any sales of subject 
merchandise to the United States that were made subsequent to the POR.
---------------------------------------------------------------------------

    \12\ The Act was amended by the Trade Facilitation and Trade 
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of 
the Act the provision directing Commerce to instruct CBP to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of an NSR.
---------------------------------------------------------------------------

    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation notice is published in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 28, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-28663 Filed 1-4-23; 8:45 am]
BILLING CODE 3510-DS-P