Federal Register, Volume 80 Issue 195 (Thursday, October 8, 2015)

[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60881-60882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25705]


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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 the Semiannual Antidumping Duty 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 (``NSR'') 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''). On June 5, 2015, the 
Department published the preliminary results in which it found that 
Kaihua's new shipper sale is not bona fide. As a result, we 
preliminarily rescinded the NSR of Kaihua\1\ and we invited interested 
parties to comment. Based on our analysis of the comments received, we 
continue to find Kaihua's new shipper sale is not bona fide. 
Consequently, the Department is rescinding this NSR.
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    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Intent To Rescind the New Shipper Review of Jinxiang 
Kaihua Imp & Exp Co., Ltd., 70 FR 32092 (June 5, 2015) (Preliminary 
Results) and accompanying Issues and Decision Memorandum (PDM).

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DATES: Effective Date: October 8, 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.

Background

    On June 5, 2015, the Department published the preliminary results 
of this new shipper review.\2\ The review covers the new shipper 
Kaihua. The period of review (POR) is November 1, 2013, through April 
30, 2014. A summary of the events that occurred since the Department 
published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for this final determination, may be found in 
the Issues and Decision Memorandum, dated concurrently with, and hereby 
adopted by, this notice.\3\
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    \2\ Id.
    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, regarding ``Issues and Decision Memorandum for the Final 
Results of Antidumping Duty Semiannual New Shipper Review on Fresh 
Garlic from the People's Republic of China: Jinxiang Kaihua Imp & 
Exp Co., Ltd.'' issued concurrently with this notice (Issues and 
Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is made 
available to the public via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://iaaccess.trade.gov, 
and is available to all parties in the Department's Central Records 
Unit, located in Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be found at http://enforcement.trade.gov/frn/. The 
signed and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Scope of the Order

    The merchandise covered by this order is all grades of garlic, 
whether whole or separated into constituent cloves. The subject 
merchandise is

[[Page 60882]]

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 Issues and Decision Memorandum.\4\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written product description is dispositive.
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    \4\ See the Issues and Decision Memorandum.
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Final Rescission of New Shipper Review

    As we explain in the Issues and Decision Memorandum and in the 
proprietary Kaihua Bona Fides Memorandum \5\ issued with the 
Preliminary Results, due to the totality of circumstances, including 
the price, discrepancies relating to expenses arising from the 
transaction, lack of definitive proof of payment, and pattern of 
inconsistencies in Kaihua's submissions, we continue to find that 
Kaihua's sale is not bona fide. As a result, we are rescinding the new 
shipper review of Kaihua.
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    \5\ See Memorandum to Edward Yang, Office Director, AD/CVD 
Operations Office VII, ``Bona Fide Nature of the Sales in the 
Antidumping Duty New Shipper Review of Fresh Garlic from the 
People's Republic of China (PRC): Jinxiang Kaihua Imp & Exp Co., 
Ltd.'' dated June 3, 2015.
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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. A list of the issues that are 
raised in the briefs and addressed in the Issues and Decision 
Memorandum is in the appendix of this notice.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSR of 
Kaihua, 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 Kaihua. Cash deposits will be required for 
exports of subject merchandise by Kaihua entered, or withdrawn from 
warehouse, for consumption on or after the publication date, at the 
PRC-wide rate.

Assessment Instructions

    As the result of this rescission of the NSR of Kaihua, the entries 
of Kaihua covered by this NSR will be assessed at the PRC-wide rate.

Notification to Importers

    This notice serves as final 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 POR. 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 or Destruction of Proprietary Information

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of business proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). We 
request timely written notification of return or destruction of APO 
materials or conversion to judicial protective order. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice is issued and published this notice 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: October 1, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment 1: Whether The Price Of Kaihua's Garlic Was Bona Fide
    Comment 2: Whether The Comparison Of Single-Clove Garlic With 
Multi-Clove Garlic Comports With Recent Decisions
    Comment 3: Whether CBP Data Contains Errors
    Comment 4: Whether Kaihua Reported Accurate And Actual Expense 
And Accounting Data
    Comment 5: Whether Kaihua Provided Proof Of Payment
    Comment 6: Whether There Is A Pattern Of Inconsistencies With 
Kaihua's Submissions
    5. Recommendation

[FR Doc. 2015-25705 Filed 10-7-15; 8:45 am]
 BILLING CODE 3510-DS-P