Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52315 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Final Rescission of 

New Shipper Reviews of Jining Yifa 

Garlic Produce Co., Ltd., Shenzhen 

Bainong Co., Ltd., and Yantai Jinyan 

Trading Inc. 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 3, 2011, the 

Department of Commerce (Department) 

published a preliminary intent to 

rescind the new shipper reviews (NSRs) 

of fresh garlic from the People’s 

Republic of China (PRC) covering the 

period of review (POR) November 1, 

2009, through April 30, 2010, for Jining 

Yifa Garlic Produce Co., Ltd. (Jining 

Yifa) and Shenzhen Bainong Co., Ltd. 

(Shenzhen Bainong) and November 1, 

2009, through May 31, 2010, for Yantai 

Jinyan Trading Inc. (Yantai Jinyan). See 

Fresh Garlic From the People’s Republic 

of China: Preliminary Intent To Rescind 

New Shipper Reviews, 76 FR 24857 

(May 3, 2011) (Preliminary Intent to 

Rescind). The Department preliminarily 

found that Jining Yifa’s and Shenzhen 

Bainong’s sales were not bona fide. The 

Department preliminarily found that 

Yantai Jinyan was not entitled to an 

NSR. 

The Department continues to find that 

the U.S. sales of subject merchandise 

exported by Jining Yifa and Shenzhen 

Bainong during the POR were not bona 

fide and is rescinding the NSRs of Jining 

Yifa and Shenzhen Bainong. After 

analyzing the comments submitted by 

parties with respect to Yantai Jinyan, 

the Department continues to find that 

Yantai Jinyan was not entitled to an 

NSR. Therefore, the Department is 

rescinding Yantai Jinyan’s NSR. 

DATES: Effective Date: August 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Arrowsmith, Milton Koch, or 

Justin Neuman, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–5255, (202) 482–2584, and (202) 

482–0486, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the Department issued the 

Preliminary Intent to Rescind, the 

following events have occurred with 

respect to Jining Yifa, Shenzhen 

Bainong, and Yantai Jinyan. On May 16, 

2011, the Department issued a 

supplemental questionnaire to Jining 

Yifa. On May 18, 2011, Jining Yifa 

informed the Department that it would 

not respond to the supplemental 

questionnaire. On May 19, 2011, the 

Department issued a supplemental 

questionnaire to Shenzhen Bainong. On 

June 9, 2011, Shenzhen Bainong filed its 

response to our supplemental 

questionnaire. No parties filed case 

briefs with respect to Jining Yifa. Yantai 

Jinyan and Shenzhen Bainong timely 

filed case briefs. The Fresh Garlic 

Producers Association and its 

individual Members, Christopher Ranch 

LLC, The Garlic Company, Valley 

Garlic, and Vessey and Company 

(collectively, Petitioners) timely filed 

rebuttal briefs separately addressing the 

parties’ case briefs. 

Scope of the Order 

The products covered by the order are 

all grades of garlic, whole or separated 

into constituent cloves, whether or not 

peeled, fresh, chilled, frozen, 

provisionally preserved, or packed in 

water or other neutral substance, but not 

prepared or preserved by the addition of 

other ingredients or heat processing. 

The differences between grades are 

based on color, size, sheathing, and 

level of decay. The scope of the order 

does not include the following: (a) 

Garlic that has been mechanically 

harvested and that is primarily, but not 

exclusively, destined for non-fresh use; 

or (b) garlic that has been specially 

prepared and cultivated prior to 

planting and then harvested and 

otherwise prepared for use as seed. The 

subject merchandise is used principally 

as a food product and for seasoning. The 

subject garlic is currently classifiable 

under subheadings 0703.20.0010, 

0703.20.0020, 0703.20.0090, 

0710.80.7060, 0710.80.9750, 

0711.90.6000, and 2005.90.9700 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. In order to be 

excluded from the order, garlic entered 

under the HTSUS subheadings listed 

above that is (1) mechanically harvested 

and primarily, but not exclusively, 

destined for non-fresh use or (2) 

specially prepared and cultivated prior 

to planting and then harvested and 

otherwise prepared for use as seed must 

be accompanied by declarations to U.S. 

Customs and Border Protection (CBP) to 

that effect. 

Final Rescission of NSR: Jining Yifa 

In the Preliminary Intent to Rescind, 

the Department analyzed the bona fides 

of Jining Yifa’s sales, and preliminarily 

found Jining Yifa’s sales to the United 

States to be not bona fide. In the 

Preliminary Intent to Rescind, we stated 

that we would continue to gather 

information with respect to this issue. 

The Department subsequently issued a 

supplemental questionnaire to Jining 

Yifa; in response, Jining Yifa provided 

a letter explaining that it would not 

respond. No party submitted briefs 

regarding Jining Yifa. 

Absent any new information on the 

record or arguments regarding Jining 

Yifa and the Preliminary Intent to 

Rescind, the Department continues to 

find that the sales by Jining Yifa are not 

bona fide; therefore, these sales do not 

provide a reasonable or reliable basis for 

calculating a dumping margin. Thus, the 

Department is rescinding the NSR of 

Jining Yifa. 

Final Rescission of NSR: Shenzhen 

Bainong 

In the Preliminary Intent to Rescind, 

the Department analyzed the bona fides 

of Shenzhen Bainong’s sales and 

preliminarily found Shenzhen 

Bainong’s sales to the United States to 

be not bona fide. In the Preliminary 

Intent to Rescind, we stated that we 

would continue to gather information 

with respect to this issue. The 

Department subsequently issued a 

supplemental questionnaire to 

Shenzhen Bainong, to which Shenzhen 

Bainong responded. Shenzhen Bainong 

filed a case brief and Petitioners filed a 

rebuttal brief. The Department has 

analyzed Shenzhen Bainong’s 

supplemental questionnaire response 

and the case and rebuttal briefs. We 

continue to find that Shenzhen 

Bainong’s sale is not bona fide and does 

not provide a reasonable or reliable 

basis for calculating a dumping margin. 

Thus we are rescinding the NSR for 

Shenzhen Bainong. 

Final Rescission of NSR: Yantai Jinyan 

As noted above, the Department 

received a case brief and a rebuttal brief 

from Yantai Jinyan and Petitioners, 

respectively. In the Preliminary Intent to 

Rescind, the Department stated that its 

decision to initiate the NSR and to 

extend the POR was based on the 

information provided by Yantai Jinyan 

in its request for an NSR. The 

Department reached a preliminary 

decision to rescind the NSR of Yantai 

Jinyan because the Department found 

that Yantai Jinyan’s request for review 

contained a misrepresentation regarding 


jlentini on DSK4TPTVN1PROD with NOTICES
52316 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

the timing of the sale at issue. The 

Department continues to find that 

Yantai Jinyan’s request for an NSR did 

not meet the minimum requirements for 

an NSR under 19 CFR 

351.214(b)(2)(iv)(C). Specifically, the 

sale that Yantai Jinyan certified in its 

request as the first sale to an unaffiliated 

customer in the United States was later 

identified by Yantai Jinyan as a sale to 

an affiliated customer. In order to 

qualify for an NSR under 19 CFR 

351.214, a company must certify and 

document, among other things, the date 

of the first sale to an unaffiliated 

customer in the United States. Once all 

the facts surrounding the transaction 

were established, it became clear that 

Yantai Jinyan did not have a sale or 

entry during the standard POR; as such, 

there was in fact no basis upon which 

to initiate an NSR. Consequently, we 

preliminarily determined that the 

Department’s decision to initiate the 

NSR of Yantai Jinyan was based on 

inaccurate information provided by 

Yantai Jinyan. See Preliminary Intent to 

Rescind, 76 FR at 24858. After analyzing 

Yantai Jinyan’s case brief and 

Petitioners’ rebuttal brief, the 

Department continues to find that 

Yantai Jinyan’s request for an NSR did 

not meet the requirements for initiation. 

As such, it is appropriate to rescind the 

NSR of Yantai Jinyan. 

The Department is currently 

conducting an antidumping duty 

administrative review for the POR 

November 1, 2009, through October 31, 

2010, to which Yantai Jinyan is subject. 

See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 75 FR 81565, 81569 (December 28, 

2010). As indicated in the Preliminary 

Intent to Rescind, the Department has 

moved Yantai Jinyan’s separate rate 

application from the record of this NSR 

to the record of the 2009–2010 

administrative review, and will consider 

it in the context of the administrative 

review. See ‘‘Memorandum from 

Jacqueline Arrowsmith to the File 

through Dana S. Mermelstein, Program 

Manager, AD/CVD Operations 6, 

Moving Yantai Jinyan’s Separate Rates 

Application to the November 1, 2009 

through October 31, 2010 (16th) 

Administrative Review,’’ dated 

concurrently with this notice. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs are addressed in the 

‘‘Memorandum to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, Issues and Decision 

Memorandum: Fresh Garlic from the 

People’s Republic of China; Final 

Rescission of New Shipper Reviews of 

Jining Yifa Garlic Produce Co. Ltd., 

Shenzhen Bainong Co., Ltd., and Yantai 

Jinyan Trading Inc.’’ (Decision 

Memorandum), dated concurrently with 

this notice and hereby adopted by this 

notice. A list of the issues raised in the 

briefs and addressed in the Decision 

Memorandum is appended to this 

notice. The Decision Memorandum is a 

public document on file in the Central 

Records Unit (CRU) main Commerce 

building, Room 7046, and is also 

accessible directly on the Web at 

http://ia.ita.doc.gov/frn. The paper copy 

and electronic version of the Decision 

Memorandum are identical in content. 

The Department has made the transition 

to an electronic filing system, IA 

ACCESS; CRU will continue to maintain 

the official record in paper form for 

those documents that were filed prior to 

the implementation of IA ACCESS. See 

Antidumping and Countervailing Duty 

Proceedings: Electronic Filing 

Procedures; Administrative Protective 

Order Procedures, 76 FR 39263, 39264 

(July 6, 2011). 

Cash Deposit Requirements 

Effective upon publication of the final 

rescission of the NSRs of Jining Yifa, 

Shenzhen Bainong, and Yantai Jinyan, 

the Department will instruct CBP to 

discontinue the option of posting a bond 

or security in lieu of a cash deposit for 

entries of subject merchandise by Jining 

Yifa, Shenzhen Bainong, and Yantai 

Jinyan. Cash deposits will be required 

for exports of subject merchandise by 

Jining Yifa, Shenzhen Bainong, and 

Yantai Jinyan entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date at the per-unit 

PRC-wide rate, $4.71 per kilogram. 

Assessment Instructions 

As a result of the rescission of the 

NSR of Jining Yifa and Shenzhen 

Bainong, the entries of subject 

merchandise by Jining Yifa and 

Shenzhen Bainong covered by these 

NSRs will be assessed at the PRC-wide 

rate. Because these entries are also 

covered by the POR of the 2009–2010 

administrative review currently being 

conducted (see Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part, 75 FR 81565), we 

will issue liquidation instructions for 

Jining Yifa’s and Shenzhen Bainong’s 

entries upon completion of the 

administrative review. Upon completion 

of the administrative review, the 

Department will instruct CBP to assess 

antidumping duties on entries for Jining 

Yifa and Shenzhen Bainong at the PRCwide rate pursuant to the final results of 

the 2009–2010 administrative review. 

In addition, the Department has 

moved Yantai Jinyan’s separate rate 

application from the record of this NSR 

to the record of the 2009–2010 

administrative review, and, during the 

course of the administrative review, the 

Department will evaluate whether 

Yantai Jinyan’s separate rate application 

establishes its eligibility for a separate 

rate. Upon completion of the 

administrative review, the Department 

will instruct CBP to assess antidumping 

duties on entries of subject merchandise 

by Yantai Jinyan now covered by the 

administrative review, at the 

appropriate rate pursuant to the final 

results of the 2009–2010 administrative 

review. 

Notification to Importers 

This notice serves as a 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 the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Return or Destruction of Proprietary 

Information 

This notice serves as a reminder to 

parties subject to the administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This notice is issued and published in 

accordance with sections 751(a)(2)(B) 

and 777(i) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.214. 

Dated: August 15, 2011. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration. 

Appendix I—List of Issues Addressed 

in the Decision Memorandum 

Comment 1: Whether Yantai Jinyan’s NSR 

Request Satisfied the Requirements for 

Initiation 

Comment 2: Whether Yantai Jinyan Made 

Inaccurate Representations in Its NSR 

Request 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52317 

Comment 3: Whether Yantai Jinyan’s Sale to 

Its Unaffiliated Customer Should Be 

Reviewed Because the POR Was Expanded 

Comment 4: Whether the Department Has the 

Discretion To Continue Yantai Jinyan’s 

NSR or Initiate Another NSR 

Comment 5: Yantai Jinyan’s Cash Deposit 

and Assessment Rate 

Comment 6: Whether the Department’s 

Authority To Rescind Shenzhen Bainong’s 

New Shipper Review Is Limited to a Sale 

That Is Unrepresentative and Extremely 

Distortive 

Comment 7: Whether the Pricing of 

Shenzhen Bainong’s Sale Is Commercially 

Reasonable 

Comment 8: Whether the Quantity of 

Shenzhen Bainong’s Sale Is Commercially 

Reasonable 

Comment 9: Whether the Department’s 

Concerns Regarding Shenzhen Bainong’s 

Importer as Legitimate Ongoing Business 

Concern Are Justified 

Comment 10: Whether Shenzhen Bainong’s 

Importer Behaved in a Commercially 

Reasonable Manner 

[FR Doc. 2011–21377 Filed 8–19–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Northwest Region 

Vessel Identification Requirements 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before October 21, 

2011. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6616, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Becky Renko, (206) 526– 

6110 or becky.renko@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The success of fisheries management 

programs depends significantly on 

regulatory compliance. The vessel 

identification requirement is essential to 

facilitate enforcement. The ability to 

link fishing or other activity to the 

vessel owner or operator is crucial to 

enforcement of regulations issued under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. A vessel’s official number is 

required to be displayed on the port and 

starboard sides of the deckhouse or hull, 

and on a weather deck. It identifies each 

vessel and should be visible at distances 

at sea and in the air. Vessels that qualify 

for particular fisheries are readily 

identified, gear violations are more 

readily prosecuted, and this allows for 

more cost-effective enforcement. 

Cooperating fishermen also use the 

number to report suspicious activities 

that they observe. Regulation-compliant 

fishermen ultimately benefit as 

unauthorized and illegal fishing is 

deterred and more burdensome 

regulations are avoided. 

II. Method of Collection 

Fishing vessel owners physically 

mark vessel with identification numbers 

in three locations per vessel. 

III. Data 

OMB Control Number: 0648–0355. 

Form Number: None. 

Type of Review: Regular submission 

(extension of a currently approved 

information collection). 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

1,693. 

Estimated Time per Response: 45 

minutes (15 minutes per marking). 

Estimated Total Annual Burden 

Hours: 1,247. 

Estimated Total Annual Cost to 

Public: $66,520 in recordkeeping/ 

reporting costs. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: August 16, 2011. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2011–21309 Filed 8–19–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA641 

Marine Mammals; File No. 16553 

Correction 

In notice document 2011–21001 

appearing on page 51002 in the issue of 

August 17, 2011, make the following 

correction: 

On page 51002, in the second column, 

under the DATES heading, in the third 

line, ‘‘August 17, 2011’’ should read 

‘‘September 16, 2011’’. 

[FR Doc. C1–2011–21001 Filed 8–19–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA647 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of Availability. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces the 

adoption of an Endangered Species Act 

(ESA) recovery plan for the Upper 

Willamette Chinook salmon 

(Oncorhynchus tshawytscha) 

Evolutionarily Significant Unit (ESU) 

and the Upper Willamette River 

steelhead (Oncorhynchus mykiss) 

Distinct Population Segment (DPS), 

which spawn and rear in tributaries to 

the Willamette River in western Oregon. 

The Final Upper Willamette River 

Conservation and Recovery Plan for 

Chinook Salmon and Steelhead (Final 

Recovery Plan) and our summary of and 


jlentini on DSK4TPTVN1PROD with NOTICES