[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28895-28896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11677]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results of the New Shipper Review of Jinxiang Merry Vegetable Co., Ltd.
and Cangshan Qingshui Vegetable Foods Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review of Jinxiang Merry Vegetable Co., Ltd. (``Merry'')
and Cangshan Qingshui Vegetable Foods Co., Ltd. (``Qingshui'')
regarding the antidumping duty order on fresh garlic from the People's
Republic of China (``the PRC''). The period of review (``POR'') is
November 1, 2012, through April 30, 2013. We preliminarily find that
Merry and Qingshui made sales of subject merchandise at less than
normal value. Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: May 20, 2014.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Hilary E. Sadler, Esq.,
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) 482-3964 or (202) 482-4340, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves.\1\ The subject
merchandise is currently classifiable under the Harmonized Tariff
Schedule of the United States (``HTSUS'') subheadings: 0703.20.0000,
0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 0703.20.0005,
2005.99.9700 and 0703.20.0015. A full description of the scope of the
order is contained in the Preliminary Decision Memorandum. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written product description is dispositive.
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\1\ See the Department Memorandum, ``Decision Memorandum for the
Preliminary Results of the Antidumping Duty New Shipper Reviews of
Fresh Garlic From the People's Republic of China: Jinxiang Merry
Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co.,
Ltd.,'' dated concurrently with and hereby adopted by this notice
(Preliminary Decision Memorandum), for a complete description of the
Scope of the Order.
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Methodology
The Department is conducting this review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and
19 CFR 351.214. Export prices have been calculated in accordance with
section 772 of the Act. Because the PRC is a nonmarket economy within
the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
The Preliminary 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 Department's
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://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of New Shipper Reviews
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin ($
per kg)
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Cangshan Qingshui Vegetable Foods Co., Ltd................ $3.06 per kg
Jinxiang Merry Vegetable Co., Ltd......................... 3.33 per kg
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments by no later than 30 days
after the date of publication of these preliminary results of
review.\2\ Rebuttals to written comments may be filed by no later than
five days after the written comments are filed.\3\
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\2\ See 19 CFR 351.309(c).
\3\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\4\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\5\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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The Department will issue the final results of this new shipper
review, which will include the results of its analysis of issues raised
in any such comments, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon issuing the final results of this new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
covered by this review.\6\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this new shipper review.
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\6\ See 19 CFR 351.212(b)(1).
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In this new shipper review, we calculated a per-unit rate for each
importer by dividing the total dumping margins for reviewed sales to
that party by the total sales quantity associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit rate against the
entered quantity of the subject merchandise. If the respondent's
weighted-average dumping margin is above de minimis, we will calculate
an importer-specific ad valorem duty assessment rate based on the ratio
of the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales in accordance with
19 CFR 351.212(b)(1). Then, we will instruct
[[Page 28896]]
CBP to assess antidumping duties on all appropriate entries covered by
this new shipper review. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this new shipper review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For merchandise
produced and exported by Merry and Qingshui, the cash deposit rates
will be that established in the final results of these reviews (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing producer/exporter-specific combination rate; (3) for all
PRC exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
PRC-wide entity; 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 producer/exporter
combination that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification To Importers
This notice also 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.
The Department is issuing and publishing these results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.214 and 351.221(b)(4).
Dated: May 13, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Fair Value Comparisons
VII. Differential Pricing Analysis
VIII. U.S. Price
IX. Normal Value
X. Factor Valuations
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2014-11677 Filed 5-19-14; 8:45 am]
BILLING CODE 3510-DS-P