Federal Register, Volume 79 Issue 76 (Monday, April 21, 2014)

[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Notices]
[Pages 22098-22099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09015]

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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 Review of Shijiazhuang
Goodman Trading Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 8, 2013, the Department of Commerce (the
Department) published its preliminary results for the new shipper
review (NSR) of the antidumping duty order on fresh garlic from the
People's Republic of China (the PRC) covering the period of review
(POR) of November 1, 2011, through October 31, 2012, for Shijiazhuang
Goodman Trading Co., Ltd. (Goodman).\1\ Based on our analysis of
comments received subsequent to the Preliminary Results, the Department
now finds that Goodman's sales were not bona fide. As a result, the
Department is rescinding this NSR.
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\1\ See Fresh Garlic From the People's Republic of China:
Preliminary Results of New Shipper Review of Shijiazhuang Goodman
Trading Co., Ltd., 78 FR 67112 (November 8, 2013) (Preliminary
Results).

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DATES: Effective Date: April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Gene Calvert,
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) 482-1395 or (202) 482-3586, respectively.

SUPPLEMENTARY INFORMATION:

Background

On November 8, 2013, the Department published the Preliminary
Results. Between January 13, 2014, and January 22, 2014, Petitioners\2\
and Goodman each submitted case and rebuttal briefs. On January 29,
2014, the Department conducted a hearing regarding this NSR.\3\ As
explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\4\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. As a result, the revised deadline for the final results of this
NSR is now April 3, 2014.
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\2\ Petitioners are the Fresh Garlic Producers Association and
its individual members: Christopher Ranch LLC; The Garlic Company;
Valley Garlic; and Vessey and Company, Inc. (collectively,
Petitioners).
\3\ See ``Public Hearing In The Matter of: the Administrative
Review of the Antidumping Duty Order on Fresh Garlic from the
People's Republic of China,'' (January 29, 2014).
\4\ See the Department Memorandum, ``Deadlines Affected by the
Shutdown of the Federal Government,'' (October 18, 2013).
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Scope of the Order

The products covered by the order are all grades of garlic, whole
or separated into constituent cloves. The product is currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 0703.20.0000, 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, and 2005.99.9700. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\5\ Although the HTSUS subheadings are provided for
convenience and customs purposes, the written product description is
dispositive.
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\5\ See the Department Memorandum, ``Decision Memorandum for the
Final Results in the Antidumping Duty New Shipper Review of Fresh
Garlic from the People's Republic of China: Shijiazhuang Goodman
Trading Co., Ltd.,'' (April 3, 2014) (Issues and Decision
Memorandum).
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Final Rescission of New Shipper Review

Due to the totality of circumstances, including price, quantity,
and concerns regarding the relationship with another garlic exporter
located in the PRC, as detailed in the Goodman Final Analysis
Memorandum, the Department finds that Goodman's sales are not bona
fide.\6\
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\6\ See Department Memorandum, ``New Shipper Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China: Analysis of Shijiazhuang Goodman Trading Co. Ltd.,'' (April
3, 2014) (Goodman Final Analysis 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, which is dated concurrently and is
hereby adopted by this notice. A list of the issues raised in the
briefs and addressed in the Issues and Decision Memorandum is appended
to this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
centralized electronic service system (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the

[[Page 22099]]

Department's Central Records Unit, Room 7064 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.

Cash Deposit Requirements

Effective upon publication of the final rescission of the NSR of
Goodman, the Department 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 Goodman. Cash deposits will be required for
exports of subject merchandise by Goodman 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

Both the PRC separate rate and the PRC entity are under review in
the 2011-2012 administrative review, which is currently being
conducted,\7\ and the POR of the administrative review coincides with
the POR of this NSR. Goodman has filed a separate rate application in
the concurrent administrative review indicating that it is independent
of Chinese government control. Therefore, we will issue liquidation
instructions for Goodman's entries upon completion of the
administrative review. In the final results of the administrative
review, the Department will determine whether Goodman qualifies for the
PRC separate rate or the PRC-wide rate. Upon completion of the
administrative review, the Department will instruct U.S. Customs and
Border Protection to assess antidumping duties on entries for Goodman
at the appropriate rate.
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\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
77017 (December 31, 2012).
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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 of Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of double antidumping duties.

Return of 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 Act, and 19 CFR 351.214.

Dated: April 3, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Goodman Qualifies for a New Shipper Rate
Comment 2: Whether Goodman's Sales are Bona Fide
Comment 3: Whether the Department Should Change the Surrogate
Country from the Philippines to Thailand
Comment 4: Whether the Department Should Use the Month
Corresponding to Goodman's Sales to Calculate Surrogate Values for
Garlic
Comment 5: Whether the Department Should Rely on the Import Data
Used in the Preliminary Results
Comment 6: Whether the Department Should Use Farm Gate Prices or
Wholesale Prices
Comment 7: Whether the Department Should Continue to Rely on the
Financial Statements Used in the Preliminary Results.
Comment 8: Whether the Department Should Use MERALCO's Tariff to
Value Electricity
Comment 9: Whether the Department Should Include the
Transportation Expense in the Overhead Ratio
Comment 10: Whether Goodman is Entitled to a Separate Rate in
this Proceeding
Comment 11: Whether the PRC-Wide Entity Rate is Reliable and
Relevant
V. Recommendation
[FR Doc. 2014-09015 Filed 4-18-14; 8:45 am]
BILLING CODE 3510-DS-P