[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Pages 67112-67113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26861]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results of New Shipper Review of Shijiazhuang Goodman Trading Co., Ltd.
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting a new
shipper review (NSR) of Shijiazhuang Goodman Trading Co., Ltd.
(Goodman) under the antidumping duty order on fresh garlic from the
People's Republic of China (PRC) covering the period of review (POR) of
November 1, 2011, through October 31, 2012. As discussed below, the
Department preliminarily determines that Goodman has made sales in the
United States at prices below normal value. Interested parties are
invited to comment on these results.
DATES: Effective Date: November 8, 2013.
FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Nick
Czajkowski, or Lingjun Wang, 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) 482-4340, (202) 482-1395, or (202) 482-2316,
respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The POR covered by this NSR is November 1, 2011, through October
31, 2012.
Scope of the Order
The products covered by the order are all grades of garlic, whole
or separated into constituent cloves, whether or not peeled, fresh,
chilled, frozen, water or other neutral substance, but not prepared or
preserved by the addition of other ingredients or heat processing
subject to certain exceptions. For a complete description of the scope,
see ``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review,'' issued concurrently with this notice for
a complete description of the Scope of the Order (Preliminary Decision
Memorandum).
Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.214. The Department calculated export
prices in accordance with section 772 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum, dated concurrently with these
preliminary results and hereby adopted by this notice.
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 Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted- average dumping
Exporter/producer margin
------------------------------------------------------------------------
Shijiazhuang Goodman Trading Co., Ltd... $0.44 per kg.
------------------------------------------------------------------------
Disclosure and Public Comment
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\1\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary determination of
this review is now November 4, 2013.
---------------------------------------------------------------------------
\1\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013)
(``Tolling Memorandum'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.309(c).
\3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
[[Page 67113]]
The Department will issue the final results of this NSR, 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.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(4), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\6\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\7\
---------------------------------------------------------------------------
\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\7\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results of this NSR, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\8\ The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of this NSR.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
In this 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 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 CBP to assess antidumping duties on all appropriate
entries covered by this NSR. 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 NSR shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this administrative 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 NSR 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 by
Jinxiang Zhongtian Business Co., Ltd. and exported by Goodman, the cash
deposit rate will be that established in the final results of this
review (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.
We are 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: November 4, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Bona Fide Sale Analysis
5. Non-Market Economy Country Status
6. Separate Rates
7. Surrogate Country
8. Economic Comparability
9. Significant Producer of Comparable Merchandise
10. Data Availability
11. Date of Sale
12. Fair Value Comparisons
13. Differential Pricing Analysis
14. U.S. Price
15. Normal Value
16. Factor Valuations
17. Currency Conversion
[FR Doc. 2013-26861 Filed 11-7-13; 8:45 am]
BILLING CODE 3510-DS-P