[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48373-48374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12351]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
and Rescission of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Jining Huahui International Co., Ltd. (Huahui) did not make a bona fide 
sale of fresh garlic during the period of review (POR) November 1, 2021 
through October 31, 2022. Therefore, we are rescinding this 
administrative review.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Jacob Saude, 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 or 202-482-
0981, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2023, Commerce published its Preliminary Results in 
the Federal Register and invited interested parties to comment.\1\ On 
January 12, 2024, Huahui timely submitted its case brief.\2\ On January 
29, 2024, the petitioners \3\ timely submitted their rebuttal brief.\4\ 
On April 2, 2024, Commerce extended the deadline for these final 
results until May 31, 2024.\5\
---------------------------------------------------------------------------

    \1\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results, Partial Rescission, and Preliminary Intent To 
Rescind Antidumping Duty Administrative Review; 2021-2022, 88 FR 
84782 (December 6, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM) and Preliminary Bona Fide 
Analysis Memo.
    \2\ See Huahui's Letter, ``Case Brief of Jining Huahui 
International Co., Ltd.,'' dated January 12, 2024 (Huahui's Case 
Brief).
    \3\ The petitioners are the Fresh Garlic Producers Association 
and its individual members Christopher Ranch, LLC, The Garlic 
Company, and Valley Garlic, Inc.
    \4\ See Petitioners' Letter, ``Petitioners' Rebuttal Case 
Brief,'' dated January 29, 2024 (Petitioners' Rebuttal Brief).
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated April 2, 2024.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is fresh garlic from China. For a 
full description of the scope, see the Issues and Decision 
Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Fresh 
Garlic from the People's Republic of China; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues addressed in case and rebuttal briefs are listed in the 
appendix to this notice and are addressed in the Issues and Decision 
Memorandum. 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 https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum is 
available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Bona Fides Analysis and Rescission of Review

    In the Preliminary Results, Commerce found that Huahui's sales of 
subject merchandise to the United States during the POR were not bona 
fide sales. Based on an analysis of the interested parties' comments, 
we continue to find that Huahui did not have a bona fide sale during 
the POR. Commerce reached this conclusion based on its consideration of 
the totality of circumstances, including, but not limited to: (1) the 
value and unit price of the sales; (2) the fact that the goods were not 
resold at a profit; (3) the questionable arm's-length basis of the 
sales; (4) and other relevant issues such as the circumstances 
surrounding payment and likelihood of future sales. Consequently, we 
are rescinding this administrative review with respect to Huahui and 
Jining Huahui International Trade Co.

Assessment Rates

    Because Commerce is rescinding this administrative review, we have 
not calculated a company-specific dumping margin for Huahui. Huahui 
remains part of the China-wide entity and the entry of its subject 
merchandise during the POR will be assessed antidumping duties at the 
China-wide entity rate. The China-wide entity rate is $4.71 per 
kilogram.\7\
---------------------------------------------------------------------------

    \7\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 14th Antidumping Duty 
Administrative Review, 75 FR 34976 (June 21, 2010).
---------------------------------------------------------------------------

Cash Deposit Requirements

    As noted above, Commerce is rescinding this administrative review. 
Thus, we have not calculated a company-specific dumping margin for 
Huahui. Therefore, entries of Huahui's subject merchandise continue to 
be

[[Page 48374]]

subject to the China-wide entity cash deposit rate of $4.71 per 
kilogram. This cash deposit requirement shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

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 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 this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(3)

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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 Commerce's Price Analysis Ignores Distortions 
in the U.S. Customs and Border Protection Data
    Comment 2: Whether Commerce's Analysis of Goods Resold at a 
Profit Ignores Commercial Realities
    Comment 3: Whether Commerce's Arm's Length Analysis Ignores 
Huahui and Evaluates the Wrong Commercial Relationship
    Comment 4: Whether Commerce's Analysis of Payments Ignores 
Commerce's Established Practice
    Comment 5: Whether Commerce's Analysis of Likelihood of Future 
Sales Ignores Commercial Realities
V. Recommendation

[FR Doc. 2024-12351 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P