[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16455-16457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06076]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
and Final Rescission, In Part, of the 26th Antidumping Duty 
Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
administrative review of the antidumping duty order on fresh garlic 
from the People's Republic of China (China) for the period of review 
(POR) November 1, 2019, through October 31, 2020. We determine that 
mandatory respondent, Jining Shunchang Import & Export Co., Ltd. 
(Shunchang) failed to establish its eligibility for a separate rate 
and, therefore, is part of the China-wide entity. We are rescinding the 
review with respect to Zhengzhou Harmoni Spice Co., Ltd. (Harmoni).

DATES: Applicable March 23, 2022.

FOR FURTHER INFORMATION CONTACT: 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) 482-0981.

SUPPLEMENTARY INFORMATION:

Background

    On November 30, 2021, Commerce published the preliminary results of 
the twenty-sixth administrative review of fresh garlic from China.\1\ 
No interested party submitted comments concerning the Preliminary 
Results or requested that a hearing be held. Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).

[[Page 16456]]

The current deadline for the final results is March 30, 2022.
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    \1\ See Fresh Garlic from the People's Republic of China: 
Preliminary Results, Preliminary Rescission, and Final Rescission, 
In Part, of the 26th Antidumping Duty Administrative Review; 2019-
2020, 86 FR 67911 (November 30, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The products subject to 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: 0703.20.0000, 0703.20.0005, 
0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 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, the 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 nonfresh 
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 Partial Rescission of Administrative Review

    In the Preliminary Results, Commerce determined that the review 
request from Roots Farm for Harmoni was invalid ab initio, and it 
preliminarily rescinded the administrative review with respect to 
Harmoni. Because Commerce did not receive any comments on its 
preliminary finding, Commerce continues to find that the review request 
from Roots Farm was invalid ab initio, and Commerce is rescinding this 
review with respect to Harmoni.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\2\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity in this review, 
and Commerce did not self-initiate a review, the entity is not under 
review and the entity's rate (i.e., $4.71/kg) is not subject to change. 
Aside from the companies for which the review has been or is being 
rescinded, Commerce considers all other companies for which a review 
was requested, and which did not preliminarily qualify for a separate 
rate, to be part of the China-wide entity.
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    \2\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margin exists for the administrative review covering the period 
November 1, 2019, through October 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                margin
                          Exporter                             (dollars
                                                                  per
                                                               kilogram)
------------------------------------------------------------------------
China-Wide Entity \3\.......................................        4.71
------------------------------------------------------------------------

Assessment Rates
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    \3\ The companies that are part of the China-wide entity in this 
review are Jining Shunchang Import & Export Co., Ltd. and Jining 
Shunchang Food Co., Ltd.
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    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to direct CBP to assess 
rates based on the per-unit (i.e., per kilogram) amount on each entry 
of the subject merchandise during the POR. Commerce also intends to 
issue assessment instructions no earlier than 35 days after the 
publication date of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice in the 
Federal Register, as provided by sections 751(a)(2) of the Act: (1) For 
the companies identified in the chart above, the cash deposit rate will 
be the China-wide rate; (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all Chinese exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the China-wide rate of 4.71 U.S. 
dollars per kilogram; and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to Chinese exporter that supplied that 
non-Chinese exporter. These requirements, when imposed, shall remain in 
effect until further notice.

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.

Notifications Regarding Administrative Protection Order

    This notice serves as the only 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections

[[Page 16457]]

751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06076 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P