[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50256-50257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13044]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
small and large garlic chunks produced in the People's Republic of 
China (China) and exported to the United States constitute merchandise 
altered in form or appearance in such minor respects that they should 
be included within the scope of the antidumping duty (AD) order on 
fresh garlic from China. As a result, small and large garlic chunks 
will be subject to suspension of liquidation effective June 8, 2023.

DATES: Applicable June 13, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, 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) 482-1246.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2023, Commerce published the Preliminary 
Determination of the circumvention inquiry of the AD order on fresh 
garlic from China, in which Commerce determined that imports of small 
and large garlic chunks from China are circumventing the Order.\1\ We 
invited parties to comment on the Preliminary Determination and 
received timely filed comments and rebuttal comments from interested 
parties.\2\ On April 2, 2024, Commerce extended the deadline for the 
final determination until June 7, 2024.\3\
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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); see also 
Fresh Garlic from the People's Republic of China: Preliminary 
Affirmative Determination of Circumvention, 88 FR 77959 (November 
14, 2023) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Green Garden Produce, LLC's Letter, ``Green Garden 
Produce, LLC's Comments on Commerce's Preliminary Affirmative 
Determination of the Circumvention for Small and Large Garlic 
Chunks,'' dated December 5, 2023; see also the Fresh Garlic 
Producers Association and its individual members' Letter, 
``Petitioners' Rebuttal to Green Garden's Comments on Preliminary 
Affirmative Determination of Circumvention,'' dated December 19, 
2023; see also I Love Produce, LLC's Letter, ``Rebuttal Comments to 
Green Garden's Comments on DOC's Preliminary Affirmative 
Circumvention Determination,'' dated December 19, 2023.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Circumvention Inquiry,'' dated April 2, 2024.
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    For a complete description of events that followed the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for consideration in the final determination, see the Issues 
and Decision Memorandum.\4\ 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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Circumvention Determination of the Antidumping 
Duty Order on Fresh Garlic from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is fresh garlic from China. 
The subject garlic is currently classifiable under subheadings 
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0000, 
0703.20.0090, 0710.80.7060, 0710.80.97500, 0711.90.6000, 0711.90.6500, 
2005.90.9500, 2005.90.9700, and 2005.99.9700 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of the Order is dispositive. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers small and large garlic chunks 
produced in China and exported to the United States. A complete 
description of the merchandise subject to the circumvention inquiry is 
contained in the Issues and Decision Memorandum.

Methodology

    Commerce is conducting this circumvention inquiry pursuant to 
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.226(j). For a complete description of the methodology 
underlying the final determination, see the Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is attached as an appendix to this notice.

Changes Since the Preliminary Determination

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. 
Based on our analysis of the comments received from interested parties, 
we made no change to the Preliminary Determination.

Final Circumvention Determination

    As detailed in the Issues and Decision Memorandum, we determine 
that small and large garlic chunks produced in China and exported to 
the United States constitute merchandise altered in form or appearance 
in such minor respects that they should be included within the scope of 
the Order, pursuant to section 781(c) of the Act and 19 CFR 351.226(j). 
We also determine that this affirmative circumvention finding should be 
applied on a country-wide basis. For a detailed explanation of our 
determinations with respect to small and large garlic chunks, see the 
Preliminary Determination PDM and the Issues and Decision Memorandum.

Suspension of Liquidation and Cash Deposit Requirements

    In accordance with 19 CFR 351.226(l)(3), based on this affirmative 
final determination, Commerce will direct U.S. Customs and Border 
Protection (CBP) to continue the suspension of liquidation of 
previously suspended entries and to suspend liquidation and require a 
cash deposit of estimated duties on unliquidated entries of small and 
large garlic chunks produced in and exported from China that are 
entered, or withdrawn from warehouse, for consumption on or after June 
8, 2023 (i.e., the date of the

[[Page 50257]]

publication of the Initiation Notice \5\). Pursuant to 19 CFR 
351.226(l)(3), we will also instruct CBP to require AD cash deposit 
rates in effect for fresh garlic for each unliquidated entry of small 
and large garlic chunks produced in and exported from China that have 
been entered, or withdrawn from warehouse, for consumption on or after 
June 8, 2023 (i.e., the date of the initiation of this inquiry).\6\ The 
suspension of liquidation instructions and cash deposit requirements 
will remain in effect until further notice.
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    \5\ See Fresh Garlic from the People's Republic of China: 
Initiation of Circumvention Inquiry on the Antidumping Duty Order, 
88 FR 37510 (June 8, 2023) (Initiation Notice).
    \6\ See Order.
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Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or countervailing duty (CVD) order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Act, may request, in accordance with 19 CFR 351.213, that Commerce 
conduct an administrative review of that AD or CVD order, finding, or 
suspended investigation. An interested party who would like Commerce to 
conduct an administrative review should wait until Commerce announces 
via the Federal Register the next opportunity during the anniversary 
month of the publication of the Order to submit such requests. The 
anniversary month for this Order is November.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(c) of the Act and 19 CFR 351.226(g)(2).

    Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Discussion of the Issues
    Comment 1: Whether the Inquiry Merchandise Is Excluded from the 
Order Due to Preservation by the Addition of Other Ingredients
    Comment 2: Whether the Inquiry Merchandise Is Excluded from the 
Order by being ``Further Processed''
    Comment 3: Whether the Inquiry Merchandise Has Undergone Minor 
Alteration
VII. Recommendation

[FR Doc. 2024-13044 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P