[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 73980-73982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the
administrative review (AR) of the antidumping duty order on fresh
garlic from the People's Republic of China (PRC), covering the period
of review (POR) November 1, 2010, through October 31, 2011. The
mandatory respondents in this AR are: Hebei Golden Bird Trading Co.,
Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co., Ltd. (Xinboda).
The Department has preliminarily determined that during the POR the
respondents in this proceeding have made sales of subject merchandise
at less than normal value (NV). The Department is also preliminarily
determining that five companies made no shipments.\1\
---------------------------------------------------------------------------
\1\ On June 11, 2012, the Department issued a partial
rescission, rescinding the AR for 100 companies for whom requests
for review were withdrawn. See Fresh Garlic From the People's
Republic of China: Partial Rescission of the 2010-2011 Antidumping
Duty Administrative Review, 77 FR 36480 (June 19, 2012).
---------------------------------------------------------------------------
DATES: Effective Date: December 12, 2012.
FOR FURTHER INFORMATION CONTACT: David Lindgren or 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-
3870 or (202) 482-2316, respectively.
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.
Preliminary Determination of No Shipments
Of the remaining 20 companies subject to the review, five companies
listed in Appendix I timely filed ``no shipment'' certifications
stating that they had no entries of subject merchandise during the POR.
The Department subsequently confirmed with the U.S. Customs and Border
Protection (CBP) the ``no shipment'' claim made by these companies.
Based on the certifications by these companies and our analysis of CBP
information, we preliminarily determine that the companies listed in
Appendix I did not have any reviewable transactions during the POR. In
addition, the Department finds that consistent with its recently
announced refinement to its assessment practice in non-market economy
(NME) cases, further discussed below, it is appropriate not to rescind
the review in part in these circumstances but, rather,
[[Page 73981]]
to complete the review with respect to these companies and issue
appropriate instructions to CBP based on the final results of the
review.\2\
---------------------------------------------------------------------------
\2\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also
``Assessment Rates'' section below.
---------------------------------------------------------------------------
PRC-Wide Entity
Of the remaining 15 companies subject to these preliminary results,
ten are not eligible for separate rate status or rescission, as they
did not submit separate rate applications or certifications.\3\ As a
result, these ten companies are under review as part of the PRC-wide
entity. For our determination with respect to the PRC-wide entity, see
the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Appendix II for the list of these companies.
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration regarding ``Decision Memorandum for the Preliminary
Results of the 2010-2011 Antidumping Duty Administrative Review:
Fresh Garlic from the People's Republic of China,'' dated
concurrently with these results and hereby adopted by this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export
prices have been calculated in accordance with section 772 of the Act.
Because the PRC is an NME within the meaning of section 771(18) of the
Act, NV has been calculated in accordance with section 773(c) of the
Act.
The Preliminary Decision Memorandum provides a full description of
the methodology underlying our conclusions. 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://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department has determined that the following preliminary
dumping margins exist for the period November 1, 2010 through October
31, 2011:
------------------------------------------------------------------------
Weighted-
average
margin
Companies (dollars
per
kilogram)
------------------------------------------------------------------------
Hebei Golden Bird Trading Co., Ltd......................... 1.65
Shenzhen Xinboda Industrial Co., Ltd....................... 1.96
Qingdao Xintianfeng Foods Co., Ltd. *...................... 1.81
Shandong Jinxiang Zhengyang Import & Export Co., Ltd. *.... 1.81
Weifang Hongqiao International Logistics Co., Ltd. *....... 1.81
PRC-Wide Rate.............................................. 4.71
------------------------------------------------------------------------
* These companies which applied for or demonstrated eligibility for a
separate rate in this administrative review. The rate for these
companies is the simple average of the calculated antidumping duty
rates for Golden Bird and Xinboda.
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within ten days of the date of
publication of this notice.\5\ Unless otherwise notified by the
Department, interested parties may submit written comments (case
briefs) no later than 30 days after the date of publication of these
preliminary results of review and rebuttal comments (rebuttal briefs)
within five days after the time limit for filing case briefs.\6\
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to
issues raised in the case briefs. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and, (3) a table of authorities.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or participate if
one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's IA ACCESS
by 5 p.m. Eastern Standard Time within 30 days after the date of
publication of this notice.\7\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. If a request for a hearing is made,
we will inform parties of the scheduled date, time and location of the
hearing.\8\ Parties should confirm by telephone or electronic mail the
date, time and location.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant section 751(a)(2)(B)(iv)
of the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3), the deadline for
submission of publicly available information to value the FOPs under 19
CFR 351.408(c) is 20 days after the date of publication of these
preliminary results. In accordance with 19 CFR 351.301(c)(1), if an
interested party submits factual information less than ten days before,
on, or after (if the Department has extended the deadline), the
applicable deadline for submission of such factual information, an
interested party may submit factual information to rebut, clarify, or
correct the factual information no later than ten days after such
factual information is served on the interested party. However, the
Department notes that 19 CFR 351.301(c)(1), permits new information
only insofar as it rebuts, clarifies, or corrects information recently
placed on the record.\9\ Furthermore, the Department generally will not
accept business proprietary information in either the surrogate value
submissions or the rebuttals thereto, as the regulation regarding the
submission of surrogate values allows only for the submission of
publicly available information.
---------------------------------------------------------------------------
\9\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying
Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------
Assessment Rates
If these preliminary results of review are adopted in the final
results, then Department will determine, and CBP shall assess,
antidumping duties on all appropriate entries covered by the review.
The Department 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. The Department
intends to issue assessment instructions to CBP 15 days after the
publication date of the final rescission of and final results of the
review. In accordance with 19 CFR 351.212(b)(1), we calculated
exporter/
[[Page 73982]]
importer-specific assessment rates for the merchandise subject to the
review.
Also, the Department recently announced a refinement to its
assessment practice in NME cases. Pursuant to this refinement in
practice, for merchandise that was not reported in the U.S. sales
databases submitted by an exporter 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 NME-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.\10\
---------------------------------------------------------------------------
\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements, when imposed, will apply
to all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash
deposit rate will be the rate established in these final results of
review (except, if the rate is zero or de minimis, a zero cash deposit
rate will be required for that company); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates (i.e., those companies with no shipments
listed in Appendix I), the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of $4.71 per kilogram; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter. These requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR
351.214(h) and 351.221(b)(4).
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Companies That Have Certified No Shipments
1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd.
2. Jinan Farmlady Trading Co., Ltd.
3. Jinxiang Chengda Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Qingdao Sea-line International Trading Co.
Appendix II
List of Companies Subject to the PRC-Wide Rate
1. Foshan Fuyi Food Co., Ltd.
2. Henan Weite Industrial Co., Ltd.
3. Jining Yongjia Trade Co., Ltd.
4. Qingdao Tiantaixing Foods Co., Ltd.
5. Shandong Chenhe Intl Trading Co., Ltd.
6. Shanghai LJ International Trading Co., Ltd.
7. Sunny Import & Export Limited
8. Yantai Jinyan Trading Co., Ltd.
9. Zhengzhou Huachao Industrial Co., Ltd.
10. Zhengzhou Yuanli Trading Co., Ltd.
Appendix III
List of Topics Discussed in the Preliminary Decision Memorandum
Preliminary Determination of No Shipments
Separate Rates
Separate Rate for Non-Selected Companies
PRC-Wide Entity
Surrogate Country
Date of Sale
Fair-Value Comparisons
Export Price
Normal Value
Raw Garlic Bulb Input Valuation
Labor
Financial Ratios
Other Surrogate Values
Currency Conversion
[FR Doc. 2012-29986 Filed 12-11-12; 8:45 am]
BILLING CODE 3510-DS-P