Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)

[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32092-32093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13805]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]

Fresh Garlic From the People's Republic of China: Preliminary
Intent To Rescind the New Shipper Review of Jinxiang Kaihua Imp & Exp
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 Kaihua Imp & Exp Co., Ltd. (Kaihua)
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, 2013 through April 30, 2014. The Department has
preliminarily determined that Kaihua's new shipper sale is not bona
fide. Interested parties are invited to comment on these preliminary
results.

DATES: Effective Date: June 5, 2015.

FOR FURTHER INFORMATION CONTACT: Milton Koch, 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) 482-2584.

SUPPLEMENTARY INFORMATION:

Background

On August 7, 2014, the Department published notice of initiation of
a new shipper review of fresh garlic from the People's Republic of
China for the period November 1, 2013 through April 30, 2014.\1\ On
December 15, 2014, the Department extended the deadline for the
preliminary results to June 3, 2015.\2\
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\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review; 2013-2014, 79 FR
46250 (August 7, 2014).
\2\ See the Department Memorandum ``Fresh Garlic from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty New Shipper Review,'' dated December 12,
2014.
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Scope of the Order

The merchandise covered by this order is all grades of garlic,
whether whole or separated into constituent cloves.\3\ The subject
merchandise is currently classifiable 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, and 2005.99.9700. 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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\3\ See the Department Memorandum, ``Decision Memorandum for the
Preliminary Results of the Antidumping Duty New Shipper Review of
Fresh Garlic from the People's Republic of China: Jinxiang Kaihua
Imp & Exp 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. 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 (``ACCESS''). ACCESS is available to
registered users at http://access.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.

[[Page 32093]]

Preliminary Rescission of Kaihua

For the reasons detailed in the Preliminary Decision Memorandum,
the Department preliminarily finds that Kaihua's sale under review is
not bona fide, and therefore, does not provide a reasonable or reliable
basis for calculating a dumping margin. The Department reached this
conclusion based on the totality of the circumstances, including: (a)
The atypical nature of Kaihua's price; (b) Kaihua's failure to
demonstrate that it received payment for the sale; and (c) the atypical
circumstances surrounding the sale. As result, the Department is
preliminarily rescinding the new shipper review of Kaihua.

Disclosure and Public Comment

The Department will disclose the analysis 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.\4\ Rebuttals, limited to issues raised in the written comments,
may be filed by no later than five days after the written comments are
filed.\5\
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\4\ See 19 CFR 351.309(c).
\5\ 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.\6\ 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.\7\
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\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310(d).
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The Department intends to 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 completion of the final results, pursuant to 19 CFR
351.212(b), the Department will determine, and the U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries. If we proceed to a final rescission of the new
shipper review, Kaihua's entries will be assessed at the rate
entered.\8\ If we do not proceed to a final rescission of the new
shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate
importer-specific assessment rates. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
any importer-specific assessment rate calculated in the final results
of this review is above de minimis.\9\
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\8\ See 19 CFR 351.212(c).
\9\ See 19 CFR 351.106(c)(2).
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Although the Department intends to rescind the new shipper review
for Kaihua, the Department is currently conducting an administrative
review for the POR November 1, 2013, through October 31, 2014, which
could include the entries subject to this new shipper review.
Accordingly, we will instruct CBP to continue to suspend entries during
the period November 1, 2013, through October 31, 2014, of subject
merchandise exported by Kaihua until CBP receives instructions relating
to the administrative review covering the period November 1, 2013,
through October 31, 2014.

Cash Deposit Requirements

Effective upon publication of the final rescission or the final
results of this NSR, 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 Kaihua. If the Department proceeds to a final
rescission of the new shipper review, the cash deposit rate will
continue to be the PRC-wide rate. If we issue final results of the new
shipper review for Kaihua, we will instruct CBP to collect cash
deposits, effective upon the publication of the final results, at the
rates established therein.

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)(2)(B) and 777(i)(1) of the Act and 19
CFR 351.214 and 351.221(b)(4).

Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

AppendixList of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2015-13805 Filed 6-4-15; 8:45 am]
BILLING CODE 3510-DS-P