[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62103-62105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24653]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Merry 
Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd.; 
2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 20, 2014, the Department of Commerce (Department) 
published its preliminary results of the 2012-2013 semiannual new 
shipper review of the antidumping duty order on fresh garlic from the 
People's Republic of China (PRC).\1\ This review covers two companies: 
Jinxiang Merry Vegetable Co., Ltd. (Merry) and Cangshan Qingshui 
Vegetable Foods Co., Ltd. (Qingshui). We invited interested parties to 
comment. Based on our analysis of the comments received, we made no 
changes to the margin calculations for these final results. We continue 
to find that each of these companies sold subject merchandise at less 
than normal value.
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    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Results of the New Shipper Review of Jinxiang Merry 
Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd., 
79 FR 28895 (May 20, 2014) and its accompanying Issues and Decision 
Memorandum (Preliminary Results).

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DATED: Effective Date: October 16, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Carey and Hilary E. Sadler, Esq., 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3964 and (202) 482-4340, respectively.

Background

    On May 20, 2014, the Department published the Preliminary Results 
of this new shipper review.\2\ The review covers two new shippers, 
Merry and Qingshui. The period of review (POR) is November 1, 2012, 
through April 30, 2013. On June 19, 2014, the respondents requested a 
hearing and submitted a joint case brief. Petitioners \3\ did not file 
a case brief. On June 24, 2014, petitioners submitted rebuttal 
comments. On June 30, petitioners submitted timely comments on the 
calculations of the preliminary results.\4\ On July 23, 2014, the 
Department extended the deadline for these final results to October 10, 
2014, in accordance with section 751(a)(2)(B) of Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.214(i)(2).\5\ On September 4, 2014, 
the Department held a public hearing regarding this review.
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    \2\ Id.
    \3\ Petitioners in this new shipper review are the Fresh Garlic 
Producers Association and its individual members: Christopher Ranch 
L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, 
Inc.
    \4\ See Letter from petitioners, ``21st New Shipper Review of 
Fresh Garlic from the People 's Republic of China--Petitioners' 
Comments on Surrogate Value Workbook,'' dated June 30, 2014.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations from 
Hilary E. Sadler, Esq., Senior International Trade Compliance 
Analyst, Office VII, Antidumping and Countervailing Duty Operations, 
``Fresh Garlic from the People's Republic of China: Extension of 
Deadline for the Final Results of the Reviews of Cangshan Qingshui 
Vegetable Foods Co., Ltd. and Jinxiang Merry Vegetable Foods Co., 
Ltd.'' dated July 23, 2014.
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Scope of the Order

    The products subject to this antidumping duty 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. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.200020, 
0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 
2005.90.9700. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive. A full description of the scope of the order is contained 
in the Issues and Decision Memorandum dated concurrently with, and 
hereby adopted by, this notice.\6\
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    \6\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding ``Issues and Decision Memorandum for the Final Results of 
2011-2012 Antidumping Duty Administrative Review of Fresh Garlic 
from the People's Republic of China,'' issued concurrently with this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that are 
raised in the briefs and addressed in the Issues and Decision 
Memorandum is in the appendix of this notice. The Issues and Decision 
Memorandum is a public

[[Page 62104]]

document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IA ACCESS). IA ACCESS is available to registered users 
at https://iaaccess.trade.gov, and is available to all parties in the 
Department's Central Records Unit, located in Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    The Department made no changes to the margin calculations since the 
Preliminary Results.

Final Results of Review

    The Department determines that the following weighted-average 
dumping margins exist for the POR:

------------------------------------------------------------------------
                                               Weighted average  margin
              Exporter/producer                 (dollars per kilogram)
------------------------------------------------------------------------
Jinxiang Merry Vegetable Co., Ltd...........                       $3.33
Cangshan Qingshui Vegetable Foods Co., Ltd..                        3.06
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed in connection with the final results of review 
within five days after the date of publication of the notice of final 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because the Department made no changes to the margin 
calculations for either respondent, in accordance with section 776 of 
the Act, there are no calculations to disclose. Accordingly, the issues 
pertaining to the rates assigned in these final results are discussed 
in the Preliminary Results and the Issues and Decision Memorandum.

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review pursuant to section 751(a)(2)(A) of the 
Act and 19 CFR 351.212(b)(1). The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
these final results of review. For Merry and Qingshui, we are 
calculating importer- (or customer-) specific assessment rates for the 
merchandise subject to this review. For any individually-examined 
respondent whose weighted-average dumping margin is above de minimis, 
the Department will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of sales.\7\ For 
Merry and Qingshui, we will instruct CBP to assess an antidumping duty 
assessment rate of $3.33 per kilogram and $3.06 per kilogram, 
respectively, on all entries of subject merchandise that entered the 
United States during the POR.
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    The Department recently announced a refinement to its assessment 
practice in NME cases.\8\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies individually examined during this review, but that entered 
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if the 
Department determines that an exporter under review had no shipments of 
the subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate of $4.71 per kilogram.
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
subject merchandise from Merry and Qingshui entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For subject 
merchandise produced and exported by the companies listed above, the 
cash deposit rate will be the rate established in these final results 
of review for each company as listed above; and (2) for subject 
merchandise exported by one of the companies listed above that was not 
produced by that company, the cash deposit rate will be that for the 
PRC-wide entity. These deposit requirements shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as 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 POR. Failure to comply with this 
requirement could result in the Secretary of Commerce'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 
administrative protective order (APO) of their responsibility 
concerning the disposition of business proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We 
request timely written notification of return or destruction of APO 
materials or conversion to judicial protective order. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214.

    Dated: October 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
    A. Three-Prong Analysis to the Surrogate Country Selection
    1. Economic Comparability

[[Page 62105]]

    2. Significant Producer of Comparable Merchandise
    3. Quality and Public Availability of Data
    B. General Challenge to the Surrogate Country Selection in the 
Preliminary Results
Comment 2: Adjusting Surrogate Values to Reflect Direct Packing 
Materials
Recommendation

[FR Doc. 2014-24653 Filed 10-15-14; 8:45 am]
BILLING CODE 3510-DS-P