[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Page 38583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15902]
[[Page 38583]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Results of New Shipper Review and
Notice of Amended Final Results of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 11, 2012,\1\ the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department)
results of redetermination \2\ pursuant to the CIT's Hejia Remand Order
2.\3\
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\1\ See Jinxiang Hejia Co., Ltd. v. United States, Slip-Op.12-80
(CIT 2012).
\2\ See Department of Commerce Final Results of Redetermination
Pursuant to Remand, CIT Court No. 09-00471 (December 9, 2011)
(Second Remand Results).
\3\ See Jinxiang Hejia Co. v. United States, Slip Op. 11-112
(CIT 2011) (Hejia Remand Order 2).
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Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken,\4\ as clarified by Diamond
Sawblades,\5\ the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's Final
Results \6\ and is amending the final results of the new shipper review
of the antidumping duty order on fresh garlic from the People's
Republic of China (PRC) covering the period of review of November 1,
2007, through June 9, 2008, with respect to the margin assigned to
Jinxiang Hejia Co., Ltd. (Hejia).
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\4\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\6\ See Fresh Garlic from the People's Republic of China: Final
Results and Final Rescission, In Part, of New Shipper Reviews, 74 FR
50952 (October 2, 2009) (Final Results) and accompanying Issues and
Decision Memorandum.
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DATES: Effective Date: June 21, 2012.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, Office 6, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to completion of its new shipper review under the
antidumping duty order on fresh garlic from the PRC, Hejia challenged
certain aspects of the Department's Final Results at the CIT. On
January 14, 2011 the Department filed its First Remand Results.\7\ On
September 7, 2011, the CIT affirmed, in part, the First Remand Results
and remanded the weighted-average methodology used by the Department to
determine the surrogate value (SV) for the single-clove raw garlic
input.\8\ On December 9, 2011, the Department issued its Second Remand
Results under protest, wherein we removed a sales offer of Nepalese
origin and thereafter used a simple average methodology to determine
the SV for the single-clove raw garlic input. As a result, we
calculated a revised weighted-average dumping margin of 0.00 percent
for Hejia.
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\7\ See Department of Commerce Final Results of Redetermination
Pursuant to Court Order, CIT Court No. 09-00471 (January 14, 2011)
(First Remand Results).
\8\ See Hejia Remand Order 2.
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Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC has held that, pursuant to section 516A(e) of the Tariff Act of
1930, as amended (the Act), the Department must publish a notice of a
court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision.\9\ The CIT's June 11, 2012, judgment
sustaining the Second Remand Results constitutes a final decision of
that court that is not in harmony with the Final Results. This notice
is published in fulfillment of the publication requirements of Timken.
Accordingly, the Department will continue the suspension of liquidation
of the subject merchandise pending the expiration of the period of
appeal or, if appealed, pending a final and conclusive court decision.
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\9\ See Timken, 893 F.2d at 341.
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Amended Final Results
Because there is now a final court decision with respect to Hejia,
we are amending the Final Results with respect to the margin for Hejia.
The revised dumping margin is as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
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Jinxiang Hejia Co., Ltd.................................... 0.00
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In the Final Results, Hejia was assigned a rate of 15.37 percent.
Pursuant to court order, Hejia's revised margin for the period November
1, 2007, through June 9, 2008, is 0.00 percent. Accordingly, if the
CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the
Department will instruct U.S. Customs and Border Protection to assess
antidumping duties on entries of the subject merchandise exported by
Hejia during the POR at 0.00 percent. Additionally, because Hejia has
not been subject to an administrative proceeding since its November 1,
2007, through June 9, 2008 new shipper review, Hejia's cash deposit
rate will be 0.00 percent, effective as of June 21, 2012 (i.e., 10 days
after the issuance of the CIT's ruling).
This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: June 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-15902 Filed 6-27-12; 8:45 am]
BILLING CODE 3510-DS-P