[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65171-65172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26310]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Rescission of Antidumping Duty New Shipper Reviews; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting new
shipper reviews (NSR) of the antidumping duty order on fresh garlic
from the People's Republic of China (PRC). The NSRs cover Foshan Fuyi
Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd.
(Maycarrier) for the period of review (POR) November 1, 2010, through
October 31, 2011. The Department has preliminarily determined that
Fuyi's new shipper sales are not bona fide, and that Maycarrier does
not qualify as a new shipper. Additionally, record evidence raises
questions concerning the bona fides of Maycarrier's POR sales.
Therefore, the Department is preliminarily rescinding these NSRs.
DATES: Effective Date: October 25, 2012.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482-2316.
Scope of the Order
The merchandise covered by the order includes all grades of garlic,
whole or separated into constituent cloves. Fresh garlic that are
subject to the order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 0703.20.0010,
0703.20.0020, 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,
available in Antidumping Duty Order: Fresh Garlic From the People's
Republic of China, 59 FR 59209 (November 16, 1994), remains
dispositive.
Methodology
The Department has conducted this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (Act) and 19 CFR
351.214. For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review: Fresh Garlic from the People's
Republic of China'', from Susan H. Kuhbach, Director, Office 1,
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration (Preliminary Decision
Memorandum), dated concurrently with these results and hereby adopted
by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the Internet at http://iaaccess.trade.gov. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Rescission of Fuyi and Maycarrier
For the reasons detailed in the Preliminary Decision Memorandum,
the Department finds that Fuyi's sales under review are not bona fide,
therefore, these sales do not provide a reasonable or reliable basis
for calculating a dumping margin. As result, the Department is
preliminarily rescinding the NSR of Fuyi.
Based on information that Maycarrier submitted after the initiation
of the NSR, the Department has now determined that Maycarrier did not
meet the minimum requirements in its request for an NSR under 19 CFR
351.214(b)(2)(iv)(C). Additionally, the Department has concerns
regarding whether Maycarrier's POR sales were bona fide commercial
transactions. Therefore, the Department preliminarily determines that
it is appropriate to rescind the NSR for Maycarrier.
Assessment Rates
Fuyi's and Maycarrier's entries are currently subject to the PRC-
wide rate. Although the Department intends to rescind the NSRs for both
companies, the Department is currently conducting an administrative
review for the POR November 1, 2010, through October 31, 2011, which
could include the entries subject to these NSRs. Accordingly, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend entries during the period November 1, 2010, through October 31,
2011, of subject merchandise exported by Fuyi and Maycarrier until CBP
receives instructions relating to the administrative review covering
the period November 1, 2010, through October 31, 2011.
[[Page 65172]]
Cash Deposit Requirements
Effective upon publication of the final rescission or the final
results of these NSRs, we will instruct CBP to discontinue the option
of posting a bond or security in lieu of a cash deposit for entries of
subject merchandise by Fuyi and Maycarrier. If we proceed to a final
rescission of either of these NSRs, the cash deposit rate will continue
to be the per-unit PRC wide rate for Fuyi and Maycarrier. If we issue
final results of the NSR for any of these respondents, we will instruct
CBP to collect cash deposits, effective upon the publication of the
final results, at the rates established therein.
Disclosure
The Department will disclose analysis performed to parties to the
proceeding, normally not later than ten days after the day of the
public announcement of, or, if there is no public announcement, within
five days after the date of publication of, this notice. See 19 CFR
351.224(b).
Comments
Interested parties are invited to comment on these preliminary
results and submit written arguments or case briefs within 30 days
after the date of publication of this notice, unless otherwise notified
by the Department. See 19 CFR 351.309(c)(ii). Rebuttal briefs, limited
to issues raised in the case briefs, will be due five days later. See
19 CFR 351.309(d). Parties who submit case or rebuttal briefs are
requested to submit with each argument: (1) A statement of the issue;
and (2) a brief summary of the argument. Parties are requested to
provide a summary of the arguments not to exceed five pages and a table
of statutes, regulations, and cases cited.
Any interested party who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Import Administration within 30 days after the
day of publication of this notice. A request 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. See 19 CFR
351.310(c). Issues raised in the hearing will be limited to those
raised in case briefs. The Department will issue the final rescissions
or final results of NSRs, including the results of our analysis of
issues raised in any briefs, within 90 days after the date on which the
preliminary rescissions were issued, unless the deadline for the final
results is extended. See 19 CFR 351.214(i).
Notification to Importers
This notice serves as a preliminary reminder to the 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.
The NSRs and notice are in accordance with sections 751(a)(2)(B)
and 777(i) of the Act and 19 CFR 351.214(f).
Dated: October 18, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-26310 Filed 10-24-12; 8:45 am]
BILLING CODE 3510-DS-P