[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18316-18317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06960]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final
Rescission of Antidumping Duty New Shipper Reviews; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 25, 2012, the Department of Commerce (Department)
published its preliminary rescission for the new shipper reviews (NSRs)
of the antidumping duty order on fresh garlic from the People's
Republic of China (PRC) \1\ covering the period of review (POR)
November 1, 2010, through October 31, 2011, for Foshan Fuyi Food Co.,
Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd.
(Maycarrier). For these final results, the Department continues to find
that Fuyi's new shipper sales were not bona fide. Additionally, the
Department continues to find that Maycarrier does not qualify as a new
shipper. Therefore, the Department is rescinding the NSRs of both Fuyi
and Maycarrier.
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\1\ See Fresh Garlic From the People's Republic of China:
Preliminary Rescission of Antidumping Duty New Shipper Reviews;
2010-2011, 77 FR 65171 (October 25, 2012) (Preliminary Rescission).
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DATES: Effective Date: March 26, 2013.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang or David Lindgren, 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 or (202) 482-3870, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 25, 2012, the Department published the Preliminary
Rescission. Between November 2012 and January 2013, the Department
issued, and Fuyi and Maycarrier responded to, supplemental
questionnaires. Additionally, on January 25, 2013, Maycarrier filed
comments on factual information on the record. In February 2013, Fuyi
and Maycarrier filed case briefs and Petitioners \2\ filed rebuttal
briefs.
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\2\ Petitioners 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.
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The Department placed factual information regarding Fuyi's NSR on
the record on January 9, 2013, and, based on a request from Maycarrier,
on January 30, 2013, the Department placed on the record the surrogate
country selection and surrogate value memorandum, intermediate input
methodology memorandum, and surrogate value data used in the concurrent
administrative review on fresh garlic from the PRC. Finally, Maycarrier
submitted comments on February 20, 2013, requesting that, if the
Department were to conduct a bona fides analysis of the price and
quantity of Maycarrier's sales, it should have an opportunity to submit
comments on such analysis. As discussed in more detail below, the
Department has not conducted a bona fides analysis of Maycarrier's
sales.
Scope of the Order
The products subject to the antidumping duty order are all grades
of garlic, whole or separated into constituent cloves. Fresh garlic
that is
[[Page 18317]]
subject to the order is currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 0703.20.0000,
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, 2005.99.9700. A full description of the scope of the
order is contained in the Final Decision Memorandum.\3\ The written
description is dispositive.
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\3\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, Issues
and Decision Memorandum for the Final Rescission of the Antidumping
Duty New Shipper Reviews of Fresh Garlic from the People's Republic
of China,'' dated concurrently with this notice (Final Decision
Memorandum).
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Final Rescission of Fuyi and Maycarrier
Due to the totality of circumstances, including price, quantity and
inconsistencies about the reported producer, as detailed in the Fuyi
final analysis memorandum,\4\ the Department finds that Fuyi's sales
are not bona fide. The Department has explained in the Maycarrier final
analysis memorandum \5\ that Maycarrier does not meet the minimum
requirements set forth in 19 CFR 351.214(b)(2)(iv)(C) to qualify as a
new shipper. As a result, the Department is rescinding the NSRs of both
Fuyi and Maycarrier.
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\4\ See Memorandum to Barbara E. Tillman, Director, AD/CVD
Operations, Office 6, Import Administration regarding ``New Shipper
Review of the Antidumping Duty Order on Fresh Garlic from the
People's Republic of China: Analysis of Foshan Fuyi Food Co.,
Ltd.,'' dated March 19, 2013.
\5\ See Memorandum to Barbara E. Tillman, Director, AD/CVD
Operations, Office 6, Import Administration regarding ``Antidumping
Duty New Shipper Review of Fresh Garlic from the People's Republic
of China: Analysis of Qingdao May Carrier Import & Export Co.,
Ltd.,'' dated March 19, 2013.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Final Decision Memorandum, dated concurrently with this notice and
hereby adopted by this notice. A list of the issues raised in the
briefs and addressed in the Final Decision Memorandum is appended to
this notice. The Final Decision Memorandum 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 is
available to all parties in the Central Records Unit (CRU), Room 7046
of the main Department of Commerce building. In addition, a complete
version of the Final Decision Memorandum can be accessed directly on
the Internet at http://www.trade.gov/ia/. The signed Final Decision
Memorandum and the electronic versions of the Final Decision Memorandum
are identical in content.
Cash Deposit Requirements
Effective upon publication of the final rescission of the NSRs of
Fuyi and Maycarrier, the Department will instruct U.S. Customs and
Border Protection (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. Cash deposits will be required for exports of
subject merchandise by Fuyi and Maycarrier entered, or withdrawn from
warehouse, for consumption on or after the publication date at the per-
unit PRC-wide rate, $4.71 per kilogram.
Assessment Instructions
As a result of the rescission of the NSRs of Fuyi and Maycarrier,
the entries of subject merchandise made by Fuyi and Maycarrier covered
by these NSRs will be assessed at the PRC-wide rate. Because the PRC
entity is under review in the 2010-2011 administrative review currently
being conducted,\6\ and because the POR of the administrative review
coincides with the POR of these NSRs, we will issue liquidation
instructions for Fuyi's and Maycarrier's entries upon completion of the
administrative review. Upon completion of the administrative review,
the Department will instruct CBP to assess antidumping duties on
entries for Fuyi and Maycarrier at the PRC-wide rate pursuant to the
final results of the 2010-2011 administrative review.
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\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 76 FR
82268.
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Notification to Importers
This notice serves as a 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.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19
CFR 351.214.
Dated: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
List of Issues Addressed in the Final Decision Memorandum
Comment 1: Whether Maycarrier Is a New Shipper
Comment 2: Whether Maycarrier's Sales Are Bona Fide
Comment 3: Whether the Department Should Deduct the VAT From the
Surrogate Value for Raw Garlic Bulb
Comment 4: Whether the Department's Policies on Handling Import
Statistics Distort Surrogate Values
Comment 5: Whether Maycarrier Is Entitled to a Separate Rate
Comment 6: Whether Fuyi's Sales Were Bona Fide
[FR Doc. 2013-06960 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-DS-P