[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 77959-77960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24993]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Affirmative Determination of Circumvention

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of small and large garlic chunks from the 
People's Republic of China (China) are circumventing the antidumping 
(AD) order on fresh garlic from China.

DATES: Applicable November 14, 2023.

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 November 16, 1994, Commerce published the AD order on imports of 
fresh garlic from China.\1\ On February 16, 2023, the Fresh Garlic 
Producers Association and its individual members (collectively, the 
petitioners) requested that Commerce initiate a circumvention inquiry 
with regard to small and large garlic chunks that are exported to the 
United States from China.\2\ In the Circumvention Request, the 
petitioners alleged that small and large garlic chunks constitute 
merchandise altered in form or appearance in such minor respects that 
it should be included within the scope of the Order, pursuant to 
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 251.226(j).\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
    \2\ See Petitioners Letter, ``Petitioners' Request for 
Circumvention Ruling Pursuant to Section 781(c) of the Tariff Act of 
1930, As Amended,'' dated February 16, 2023 (Circumvention Request).
    \3\ See Circumvention Request.
---------------------------------------------------------------------------

    On June 8, 2023, Commerce published in the Federal Register the 
notice of initiation of this circumvention inquiry.\4\ In the 
Initiation Notice,

[[Page 77960]]

Commerce initiated the circumvention inquiry on the basis of the minor 
alterations allegation, pursuant to section 781(c) of the Act and 19 
CFR 351.226(j).\5\ Commerce initiated the inquiry on a country-wide 
basis.\6\ For a complete description of events that followed the 
initiation of this inquiry, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \4\ 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), and accompanying 
Initiation Checklist.
    \5\ See Initiation Notice.
    \6\ Id.
    \7\ See Memorandum, ``Fresh Garlic from the People's Republic of 
China: Preliminary Affirmative Determination of Circumvention for 
Small and Large Garlic Chunks,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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 Preliminary 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 Preliminary Decision Memorandum.

Methodology

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

Preliminary Affirmative Determination of Circumvention

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily 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 preliminarily determine that 
this affirmative circumvention finding should be applied on a country-
wide basis.

Suspension of Liquidation

    In accordance with 19 CFR 351.226(l)(2), we will direct U.S. 
Customs and Border Protection (CBP) to continue the suspension of 
liquidation of previously suspended entries and to suspend liquidation 
of all 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 
publication of the Initiation Notice).\8\ Pursuant to 19 CFR 
351.226(l)(2), 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.\9\ These suspension of liquidation instructions and cash 
deposit requirements will remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Initiation Notice.
    \9\ See Order.
---------------------------------------------------------------------------

Public Comment

    Pursuant to 19 CFR 351.226(f)(4), interested parties may submit 
case briefs or other written comments within 14 days of the date of 
publication of this notice; seven days thereafter, interested parties 
may submit rebuttal comments. In accordance with 19 CFR 351.226(f)(4), 
no new factual information will be accepted in the comments or rebuttal 
comments.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance within 30 days after the date of publication 
of this notice. Requests should contain: (1) the party's name, address, 
and telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of the issues to be 
discussed. If a request for a hearing is made, parties will be notified 
of the date and time for the hearing at a later date. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date of the hearing.
    All submissions must be filed electronically and received 
successfully in their entirety via ACCESS by 5:00 p.m. Eastern Time on 
the date that they are due. Note that Commerce has amended certain of 
its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\10\
---------------------------------------------------------------------------

    \10\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections section 781(c) of the Act and 19 CFR 351.226(g)(1).

    Dated: November 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Statutory and Regulatory Framework: Minor Alterations
VI. Circumvention Analysis
VII. Preliminary Affirmative Determination of Circumvention
VIII. Country-Wide Determination
IX. Recommendation

[FR Doc. 2023-24993 Filed 11-13-23; 8:45 am]
BILLING CODE 3510-DS-P