61130 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 

1The Fresh Garlic Producers Association: 

Christopher Ranch L.L.C., the Garlic Company, 

Valley Garlic, and Vessey and Company, Inc. 

(collectively, Petitioners). 

entries during the period of review. 

Failure to comply with this requirement 

could result in the Department’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of doubled 

antidumping duties. See 19 CFR 

351.402(f)(3). 

Notification Regarding APO 

This notice also serves as a reminder 

to parties subject to the administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO as explained in 

the APO itself. See also 19 CFR 

351.305(a)(3). Timely written 

notification of the 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. 

We are publishing these final results 

of administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.221(b)(5). 

Dated: September 27, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–24837 Filed 10–1–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Final Results of 

New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) is conducting a new 

shipper review (NSR) of Qingdao Sealine Trading Co. Ltd. (Qingdao Sea-line) 

under the antidumping duty order on 

fresh garlic from the People’s Republic 

of China (PRC) covering the period of 

review (POR) of November 1, 2008 

through April 30, 2009. As discussed 

below, we determine that a sale has 

been made in the United States at a 

price below normal value (NV) with 

respect to Qingdao Sea-line, an exporter 

who participated fully and 

demonstrated its eligibility for separate 

rate. See Fresh Garlic From the People’s 

Republic of China: Preliminary Results 

of New Shipper Review, 75 FR 24578 

(May 5, 2010) (Preliminary Results). We 

are continuing to find Qingdao Sealine’s sale to be bona fide for the final 

results of this review. We intend to 

instruct U.S. Customs and Border 

Protection (CBP) to assess antidumping 

duties on entries of subject merchandise 

during the POR for which importerspecific assessment rates are above de 

minimis. 

DATES: Effective Date: October 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay, 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) 

482–0780. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 5, 2010, the Department 

published in the Federal Register the 

preliminary results of the NSR of the 

antidumping duty order on fresh garlic 

from the PRC. See Preliminary Results. 

Since the Preliminary Results, the 

following events have occurred. 

On May 21, 2010, the Department 

extended the deadline for filing case 

briefs. See Letter from the Department to 

All Interested Parties (May 21, 2010). 

On July 19, 2010, Qingdao Sea-line 

submitted a document on the record of 

this review that contained new factual 

information within the meaning of 19 

CFR 351.301(b)(4) and 19 CFR 351.301 

(c)(1). As a result, on July 23, 2010, the 

Department issued a letter to Qingdao 

Sea-line rejecting its July 19, 2010 

submission. Also on July 23, 2010, the 

Department notified the parties of the 

briefing schedule for the final results. 

See Memorandum to the File, 

Antidumping Duty New Shipper 

Review of Fresh Garlic From the 

People’s Republic of China: Briefing 

Schedule (July 23, 2010). On August 6, 

2010, Qingdao Sea-line timely 

submitted its case brief and requested a 

hearing. On August 16, 2010, 

Petitioners 1 timely submitted their 

rebuttal brief. 

On August 27, 2010, the Department 

placed on the record a memorandum 

indicating that, pursuant to a telephone 

discussion, Qingdao Sea-line was 

withdrawing its request for a hearing. 

See Memorandum to the File, 

Antidumping Duty New Shipper 

Review of Fresh Garlic From the 

People’s Republic of China: Canceled 

Hearing Request (August 27, 2010). 

On September 3, 2010, as a result of 

the recent decision issued by the Court 

of Appeals for the Federal Circuit’s 

(CAFC) ruling in Dorbest Limited et al. 

v. United States, 604 F.3d 1363 (Fed. 

Cir. 2010) (Dorbest), the Department 

placed a memorandum on the record 

regarding its reconsideration of its 

valuation of the labor wage rate for this 

review. The Department gave interested 

parties until September 15, 2010 to 

comment specifically to the proposed 

labor wage rate methodology. See 

Memorandum to the File, Fresh Garlic 

from the People’s Republic of China: 

Wage Rate Data (September 3, 2010). 

The Department received no comments. 

Scope of the Order 

The products covered by this 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 this 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 this 

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 CBP 

to that effect. 

Analysis of Comments Received 

Issues raised in the case and rebuttal 

briefs by parties to this proceeding and 

to which we have responded are listed 

in the Appendix to this notice and 

addressed in the Memorandum from 

Susan Kuhbach, Acting Deputy 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 61131 

Assistant Secretary for Import 

Administration, To Ronald K. 

Lorentzen, Deputy Assistant Secretary 

for Import Administration, Fresh Garlic 

from the People’s Republic of China: 

Issues and Decision Memorandum of 

Qingdao Sea-line Trading Co. Ltd. 

(September 24, 2010) (Issues and 

Decision Memorandum), which is 

hereby adopted by this notice. Parties 

can find a complete discussion of the 

issues raised in this NSR and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Central Records Unit, Room 1117 of 

the main Department building. In 

addition, a copy of the Issues and 

Decision Memorandum can be accessed 

directly on our Web site at http:// 

www.trade.go/ia/. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Bona Fides Analysis 

While conducting a review, 

particularly a review where a company’s 

margin would be based on a single sale, 

the Department examines price, 

quantity, and other circumstances 

associated with the sale under review, 

to determine if the sale was based on 

normal commercial considerations and 

presents an accurate representation of 

the company’s normal business 

practices. If the Department determines 

that the price was not based on normal 

commercial considerations or is atypical 

of the respondent’s normal business 

practices, including other sales of 

comparable merchandise, the sale may 

be considered non-bona fide. 

In the Preliminary Results, the 

Department preliminarily found that 

Qingdao Sea-line’s single POR sale was 

made on a bona fide basis. Based on our 

analysis of additional information 

placed on the record by Petitioners that 

we did not examine for the Preliminary 

Results, as well as comments made by 

interested parties, the Department 

continues to find that Qingdao Sealine’s sale was a bona fide sale. For a 

more detailed discussion of this 

analysis, please see the Department’s 

accompanying Issues and Decision 

Memorandum. 

Surrogate Country 

Since the Preliminary Results, no 

interested party has commented on the 

selection of India as the surrogate 

country. Therefore, we continue to 

determine that India is the appropriate 

surrogate country for the final results of 

this NSR. 

Separate Rates 

The Department found in the 

Preliminary Results that Qingdao Sealine demonstrated a lack of de jure and 

de facto government control with 

respect to its export activities, and 

preliminarily determined that it was 

eligible for a separate rate. No 

information has been placed on the 

record of this proceeding since the 

Preliminary Results to contradict our 

preliminary separate-rate determination. 

Therefore, for the final results, we 

continue to determine that Qingdao Sealine is eligible for a separate rate. 

Changes Since the Preliminary Results 

Based on our analysis of information 

on the record of this review, and 

comments received from the interested 

parties, we have made changes to the 

surrogate values for garlic bulbs. In the 

Preliminary Results, the Department 

stated that it would subtract seven 

percent from the value of the average of 

Super-A grade garlic, in accordance 

with the fees noted by the Azapdur 

APMC price data used by the 

Department. See Preliminary Results of 

the 2008–2009 New Shipper Review of 

Fresh Garlic from the People’s Republic 

of China: Surrogate Values (April 27, 

2010) at 3. However, the Department 

instead used the average value inclusive 

of the seven percent. Therefore, for 

these final results, the Department is 

using the value for Super-A grade garlic, 

minus the seven percent in fees, as the 

surrogate value for garlic bulbs. See 

Issues and Decision Memorandum at 

Issue 2. 

In addition, the Department has 

changed its wage rate calculation 

methodology for these final results. As 

a consequence of the CAFC ruling in 

Dorbest, the Department is no longer 

relying on the regression-based wage 

rate described in 19 CFR 351.408(c)(3). 

The Department is continuing to 

evaluate options for determining labor 

values in light of the recent CAFC 

decision. For these final results, we 

have calculated an hourly wage rate to 

use in valuing Qingdao Sea-line’s 

reported labor input by averaging 

earnings and/or wages in countries that 

are economically comparable to the PRC 

and that are significant producers of 

comparable merchandise. The Issues 

and Decision Memorandum contains a 

more detailed explanation of this new 

methodology. See Issues and Decision 

Memorandum at Issue 5. 

Final Results of New Shipper Review 

As a result of our review, we 

determine that the following margin 

exists for the period November 1, 2008 

through April 30, 2009: 

FRESH GARLIC FROM THE PRC 11/1/2008–4/30/2009 

New shipper review 

Exporter/manufacturer 

WeightedAverage Margin(dollars per 

kilogram) 

Exported by Qingdao Sea-line Trade Co. Ltd. and Produced by Jinxiang County Juxingyuan Trading Co., Ltd ............................. $1.28/kg. 

Disclosure 

We will disclose the calculations used 

in our analysis to parties to these 

proceedings within five days of the date 

of publication of this notice. See 19 CFR 

351.224(b). 

Assessment Rates 

Consistent with the final results of the 

14th administrative review (AR), we 

will direct CBP to assess an importerspecific assessment rate based on the 

resulting per-unit (i.e., per kilogram) 

amount on each entry of the subject 

merchandise during the POR. See Fresh 

Garlic from the People’s Republic of 

China: Final Results and Partial 

Rescission of the 14th Antidumping 

Duty Administrative, 75 FR 34976, (June 

21, 2010) (14th AR). Therefore, the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries pursuant to section 

751(a)(2)(A) of the Act and 19 CFR 

351.212(b)(1). The Department intends 

to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

this review. For assessment purposes, 

we calculated importer-specific 

assessment rates for fresh garlic from the 

PRC. Specifically, we divided the total 

dumping margins for each importer by 


jlentini on DSKJ8SOYB1PROD with NOTICES
61132 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 

the total quantity of subject 

merchandise sold to that importer 

during the POR to calculate a per-unit 

assessment amount. We will direct CBP 

to assess importer-specific assessment 

rates based on the resulting per-unit 

(i.e., per kilogram) amount on each 

entry of the subject merchandise during 

the POR if any importer-specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. 

Cash Deposit Requirements 

Consistent with the final results of the 

14th AR, we will collect a per kilogram 

cash-deposit amount. The following 

cash deposit requirements will be 

effective upon publication of the final 

results of this review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results, as provided by 

section 751(a)(1) of the Act: (1) For 

subject merchandise produced by 

Jinxiang County Juxingyuan Trading 

Co., Ltd. (Juxingyuan) and exported by 

Qingdao Sea-line, the cash deposit rate 

will be the per-unit rate determined in 

the final results of this new shipper 

review; (2) for subject merchandise 

exported by Qingdao Sea-line but not 

produced by Juxingyuan, the cash 

deposit rate continues to be the per-unit 

PRC-wide rate. 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 the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (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 the return/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 violation 

which is subject to sanction. 

This new shipper review and notice 

are issued and published in accordance 

with sections 751(a)(2)(B) and 777(i) of 

the Act and 19 CFR and 351.214. 

Dated: September 24, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

Issue 1: The Bona Fides of Qingdao Sea-line’s 

Sale 

Issue 2: Surrogate Valuation of Garlic Bulbs 

Issue 3: Use of India Wholesale Price Index 

as Inflator for Surrogate Values 

Issue 4: Financial Ratios 

Issue 5: Wage Rates 

Issue 6: Cold Storage 

[FR Doc. 2010–24833 Filed 10–1–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails from the People’s 

Republic of China: Initiation of 

Antidumping Duty New Shipper 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 4, 2010. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that a 

request for a new shipper review 

(‘‘NSR’’) of the antidumping duty order 

on certain steel nails (‘‘steel nails’’) from 

the People’s Republic of China (‘‘PRC’’), 

received on August 27, 2010, meets the 

statutory and regulatory requirements 

for initiation. The period of review 

(‘‘POR’’) for this NSR is August 1, 2009, 

through July 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emeka Chukwudebe, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: 202–482–0219. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on certain steel 

nails from the PRC was published in the 

Federal Register on August 1, 2008. See 

Notice of Antidumping Duty Order: 

Certain Steel Nails From the People’s 

Republic of China, 73 FR 44961 (August 

1, 2008) (‘‘Antidumping Duty Order’’). 

On August 27, 2010, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (‘‘Act’’), and 19 CFR 

351.214(c), the Department received a 

NSR request from Shanghai Colour Nail 

Co., Ltd. (‘‘Shanghai Colour’’). Shanghai 

Colour’s request was properly made 

during August 2010, which is the 

annual anniversary of the Antidumping 

Duty Order. Shanghai Colour certified 

that it is the exporter and Wuxi Colour 

Nail Co., Ltd. (‘‘Wuxi Colour’’) is the 

manufacturer of the subject 

merchandise upon which the request 

was based. Shanghai Colour also 

submitted a public version, which 

adequately summarized proprietary 

information and provided explanations 

as to why certain proprietary 

information is not capable of 

summarization. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Act and 19 CFR 351.214(b)(2)(ii), 

Shanghai Colour certified that it did not 

export steel nails to the United States 

during the period of investigation 

(‘‘POI’’); and Shanghai Colour provided 

a certification from Wuxi Colour that it 

did not export subject merchandise to 

the United States during the POI. In 

addition, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and 19 CFR 

351.214(b)(2)(iii)(A), Shanghai Colour 

certified that, since the initiation of the 

investigation, it has never been affiliated 

with any Chinese exporter or producer 

who exported steel nails to the United 

States during the POI, including those 

not individually examined during the 

investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), Shanghai Colour 

also certified that its export activities 

were not controlled by the central 

government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), Shanghai Colour 

submitted documentation establishing 

the following: (1) the date on which 

Shanghai Colour first shipped steel nails 

for export to the United States and the 

date on which the steel nails were first 

entered, or withdrawn from warehouse, 

for consumption; (2) the volume of its 

first shipment; and (3) the date of its 

first sale to an unaffiliated customer in 

the United States. 

The Department conducted U.S. 

Customs and Border Protection (‘‘CBP’’) 

database queries in an attempt to 

confirm that Shanghai Colour’s 

shipments of subject merchandise had 

entered the United States for 

consumption and that liquidation of 

such entries had been properly 

suspended for antidumping duties. The 

Department also examined whether the 

CBP data confirmed that such entries 

were made during the NSR POR. The 

information we examined was 


jlentini on DSKJ8SOYB1PROD with NOTICES