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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84782-84784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26719]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]

Fresh Garlic From the People's Republic of China: Preliminary 
Results, Partial Rescission, and Preliminary Intent To Rescind 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Jining Huahui International Co., Ltd. (Huahui) did not 
make bona fide sales of fresh garlic during the period of review (POR) 
November 1, 2021, through October 31, 2022. Therefore, Commerce 
preliminarily intends to rescind this administrative review with 
respect to Huahui. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Applicable December 6, 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 1, 2022, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on fresh 
garlic from the People's Republic of China (China)for the POR.\1\ On 
November 30, 2022, the petitioners,\2\ Zhengzhou Harmoni Spice Co., 
Ltd. (Harmoni), and

[[Page 84783]]

Huahui each timely requested an administrative review.\3\ On January 3, 
2023, based on these timely requests for administrative review, 
Commerce initiated this administrative review.\4\ On January 13, 2023, 
the petitioners and Harmoni each withdrew their review requests, 
leaving Huahui as the sole remaining exporter subject to this 
review.\5\ On July 11, 2023, Commerce extended the time for issuing the 
preliminary results of this review to November 30, 2023.\6\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \2\ The petitioners are the Fresh Garlic Producers Association 
and its individual members. The members of the Fresh Garlic 
Producers Association are: Christopher Ranch LLC; The Garlic 
Company; and Valley Garlic, Inc.
    \3\ See Petitioners' Letter, ``Petitioners' Request for 
Administrative Review,'' dated November 30, 2022; see also Harmoni's 
Letter, ``Request for Administrative Review of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China,'' dated 
November 30, 2022; and Huahui's Letter, ``Request for Administrative 
Review,'' dated November 30, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
    \5\ See Petitioners' Letter, ``Petitioners' Withdrawal of Review 
Requests,'' dated January 13, 2023; see also Harmoni's Letter, 
``Harmoni Withdrawal of Review Request,'' dated January 13, 2023.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 11, 
2023.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\7\ A list of topics discussed in the Preliminary Decision 
Memorandum is attached as the appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov. In addition, a complete version of 
the Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review: 
Fresh Garlic from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the order is fresh garlic from China. For a 
complete description of the scope of this investigation, see the 
Prelimianry Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole, or in part, if the party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation. As noted above, the 
petitioners and Harmoni timely withdrew their review requests. All 
requests to review the following companies were timely withdrawn: (1) 
Laiwu Ever Green Food Co., Ltd.; (2) Laiwu Manhing Vegetables Fruits 
Corp.; (3) Laiwu Taifeng Foods Co., Ltd.; (4) Ningbo Raffini Import & 
Export Co., Ltd.; (5) Qingdao Muyi International Trading Co., Ltd.; (6) 
Shandong Bairun Food Co., Ltd.; (7) Shanghai Yongtie Enterprise 
Management; and (8) Zhengzhou Harmoni Spice Co., Ltd. Because Huahui 
requested a review of itself, and did not withdraw its request, we are 
rescinding this review, in part, with respect to the companies in the 
petitioners and Harmoni's review requests, except for Huahui, pursuant 
to 19 CFR 351.213(d)(1).

Intent To Rescind Administrative Review

    As discussed in the Preliminary Decision Memorandum and Bona Fide 
Analysis Memorandum, Commerce preliminarily finds that the sales made 
by Huahui serving as the basis for this review are not bona fide sales 
of fresh garlic.\8\ Commerce reached this conclusion based on the 
totality of the record information surrounding Huahui's reported sales, 
including, but not limited to, the sales prices, the profitability of 
the resold subject merchandise, the late payments, and the likelihood 
of future sales.
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    \8\ See Preliminary Decision Memorandum; see also Memorandum, 
``Preliminary Bona Fide Sales Analysis for Jining Huahui 
International Co., Ltd.,'' dated concurrently with, and hereby 
adopted by, this notice (Bona Fide Analysis Memorandum).
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    Because the non-bona fide sales were the only reported sales of 
subject merchandise during the POR, we find that Huahui had no 
reviewable transactions during this POR. Accordingly, we preliminarily 
intend to rescind this administrative review.\9\ The factual 
information used in our bona fides analysis of Huahui's sales involves 
business proprietary information. See the Bona Fide Analysis Memorandum 
for a full discussion of the basis for our preliminary findings.
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    \9\ See 19 CFR 351.213(d)(3).
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\10\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\11\
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    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Verification

    On April 13, 2023, Commerce received a timely request from the 
petitioners to verify the information submitted by Huahui in the course 
of this administrative review, pursuant to section 782(i)(3). Because 
we intend to rescind this administrative review with

[[Page 84784]]

respect to Huahui, we are not conducting a verification.

Assessment Rates

    If Commerce proceeds to a final rescission of this administrative 
review, the assessment rate to which Huahui's shipments are subject 
will not be affected by this review. If Commerce does not proceed to a 
final rescission of this administrative review, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment reates based on the final results of this review.
    For the companies for which this review is rescinded, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(l)(i).

Cash Deposit Requirements

    If Commerce proceeds to a final recission of ths administrative 
review, Huahui's cash deposit rate will continue to be the China-wide 
rate of $4.71 per kilogram.\14\ If Commerce issues the final results 
for this administrative review, Commerce will instruct U.S. Customs and 
Border Protection to collect cash deposits, effective upon the 
publication of the final results, at the rates established therein.
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    \14\ 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).
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Notification to Importers

    This notice serves as a preliminary 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 these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: November 29, 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. Rescission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-26719 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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