[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57718-57721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26378]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results, Preliminary Rescission, and Final Rescission, in Part, of the
22nd Antidumping Duty Administrative Review and Preliminary Results of
the New Shipper Reviews; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting the
22nd administrative review of the antidumping duty order on fresh
garlic from the People's Republic of China (PRC) and two concurrent new
shipper reviews. The period of review (POR) for the administrative and
new shipper reviews is November 1, 2015, through October 31, 2016. The
Department preliminarily determines that mandatory respondent, Shandong
Jinxiang Zhengyang Import & Export Co., Ltd. (Zhengyang) sold subject
merchandise to the United States at less than normal value (NV). We
also preliminarily find that the review request made by the Coalition
for Fair Trade in Garlic (the CFTG) was not valid, and accordingly have
preliminarily rescinded the review with respect to seven companies,
including the other mandatory respondent, Zhengzhou Harmoni Spice Co.,
Ltd. (Harmoni). The Department also preliminarily determines that the
new shipper reviews respondents, Qingdao Joinseafoods Co., Ltd. and
Join Food Ingredient Inc. (collectively, Join) and Zhengzhou Yudi
Shengjin Agricultural Trade Co., Ltd. (Yudi), each made sales of
subject merchandise at less than normal value. We invite interested
parties to comment on these preliminary results.
DATES: Applicable December 7, 2017.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6251 or (202) 482-4956.
Scope of the Order
The merchandise covered by the order includes all grades of garlic,
whole or separated into constituent cloves. Fresh garlic that are
subject to the order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided
for convenience and customs purposes, the written product description
remains dispositive. For a full description of the scope of this order,
please see ``Scope of the Order'' in the accompanying Preliminary
Decision Memorandum.\1\
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\1\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Rescission, and Final Rescission, In Part, of
the 2015-2016 Antidumping Duty Administrative Review and Preliminary
Results of the New Shipper Reviews: Fresh Garlic from the People's
Republic of China'' (November 30, 2017) (Preliminary Decision
Memorandum).
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Partial Rescission of Administrative Review
On January 13, 2017, the Department initiated a review of 35
companies in this administrative review.\2\ On April 13, 2017, review
requests were timely withdrawn for six companies.\3\ In addition, as
discussed in the accompanying Issues and Decision Memorandum, one of
the companies for which the review request was timely rescinded is a
part of the QTF-Entity, which submitted a separate rate application.
Accordingly, this company remains subject to review. Moreover, the
Department inadvertently initiated a review of one company without a
request. The Department is, therefore, partially rescinding this
administrative review with respect to the companies listed in Appendix
I, in accordance with 19 CFR 351.213(d)(1).
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation
Notice). For a list of the 35 companies, see 82 FR 4296-4297.
\3\ See Petitioners' Letter, ``22nd Administrative Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China--Petitioners' Withdrawal of Certain Requests for
Administrative Review,'' (April 13, 2017).
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Preliminary Rescission of Administrative Review
In addition, as discussed in depth at ``Preliminary Rescission of
Administrative Review'' in the accompanying Preliminary Decision
Memorandum, the Department has preliminarily determined that the review
request from the CFTG was invalid, and is preliminarily rescinding the
administrative review with respect to the companies listed in Appendix
II.
Methodology
The Department is conducting these reviews in accordance with
section 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.214. Export prices were
[[Page 57719]]
calculated in accordance with section 772(a) of the Act; constructed
export prices were calculated in accordance with section 772(b) of the
Act. Because the PRC is a non-market economy (NME) within the meaning
of section 771(18) of the Act, NV 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, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 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/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Shipments
As discussed at ``Preliminary Determination of No Shipments'' in
the accompanying Preliminary Decision Memorandum, 14 companies timely
filed ``no shipment'' certifications stating that they had no entries
into the United States of subject merchandise during the POR. However,
no review requests were submitted for five of these companies.
Moreover, review requests were timely withdrawn for two of these
companies. In addition, two of these companies are a part of the QTF-
entity, which filed a separate rate certification, as discussed at
``Separate Rate Status of the QTF-Entity'' in the accompanying Issues
and Decision Memorandum.
Accordingly, the Department, consistent with its practice,
requested that U.S. Customs and Border Protection (CBP) conduct a query
of potential shipments made by the remaining five companies. Based on
the certifications by the remaining companies and our analysis of CBP
information, we preliminarily determine that the companies listed in
Appendix IV did not have any reviewable transactions during the POR. In
addition, the Department finds that consistent with its refinement to
its assessment practice in NME cases, further discussed below, it is
appropriate not to preliminarily rescind the administrative review, in
part, in these circumstances, but rather to complete the administrative
review with respect to these five companies, and issue appropriate
instructions to CBP based on the final results of the administrative
review.\4\
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\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rates'' section below.
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Verification
As provided in section 782(i) of the Act, we intend to verify the
information provided by respondents using standard verification
procedures, including on-site inspection of the producer's and
exporter's facilities, and examination of relevant sales and financial
records. Our verification results will be outlined in the verification
report for the respective respondents after completion of the
verification.
Preliminary Determination of Separate Rates for Non-Selected Companies
In accordance with section 777A(c)(2)(B) of the Act, the Department
employed a limited examination methodology, as it determined that it
would not be practicable to examine individually all companies for
which a review request was made.\5\ There were six exporters of subject
merchandise from the PRC that have demonstrated their eligibility for a
separate rate but were not selected for individual examination in this
review. These six exporters are listed in Appendix III.
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\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Fresh Garlic from the People's Republic of China:
Respondent Selection Memorandum,'' dated March 7, 2017.
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Neither the Act nor the Department's regulations address the
establishment of the rate applied to individual companies not selected
for examination where the Department limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act. The
Department's practice in cases involving limited selection based on
exporters accounting for the largest volume of imports has been to look
to section 735(c)(5) of the Act for guidance, which provides
instructions for calculating the all-others rate in an investigation.
Section 735(c)(5)(A) of the Act instructs the Department to use rates
established for individually investigated producers and exporters,
excluding any rates that are zero, de minimis, or based entirely on
facts available in investigations. In the administrative review,
Zhengyang is the only reviewed respondent that received a weighted-
average margin. Therefore, for the preliminary results, the Department
has preliminarily determined to assign Zhengyang's margin to the non-
selected separate-rate companies.
PRC-Wide Entity
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\6\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested, and the Department did not
self-initiate, a review of the PRC-wide entity for this POR, the entity
is not under review and the entity's rate (i.e., $4.71/kg) is not
subject to change.\7\ Aside from the no shipments companies discussed
below, and the companies for which the review is being rescinded, the
Department considers all other companies for which a review was
requested, and which did not preliminarily qualify for a separate rate,
to be part of the PRC-wide entity. For additional information, see the
Preliminary Decision Memorandum.
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\6\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\7\ See Fresh Garlic from the People's Republic of China: Final
Results and Partial Rescission of the 13th Antidumping Duty
Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19,
2009).
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Preliminary Results of Administrative Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the administrative review
covering the period November 1, 2015, through October 31, 2016:
[[Page 57720]]
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Weighted-
average margin
Exporter (dollars per
kilogram)
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Shandong Jinxiang Zhengyang Import & Export Co., Ltd.... 2.69
Jining Shunchang Import & Export Co., Ltd............... 2.69
Jinxiang Feiteng Import & Export Co., Ltd............... 2.69
Qingdao Sea-Line International Trading Co., Ltd......... 2.69
Shenzhen Bainong Co., Ltd............................... 2.69
Shenzhen Xinboda Industrial Co., Ltd.................... 2.69
Weifang Hongqiao International Logistics Co., Ltd....... 2.69
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Preliminary Results of New Shipper Reviews
The Department preliminarily determines that the following
weighted-average dumping margins exist for the new shipper review
covering the period November 1, 2015, through October 31, 2016:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(dollars per
kilogram)
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Qingdao Joinseafoods Co., Ltd. and Join Food Ingredient 2.20
Inc....................................................
Zhengzhou Yudi Shengjin Agricultural Trade Co., Ltd..... 3.19
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Disclosure, Public Comment and Opportunity To Request a Hearing
The Department intends to disclose the calculations used in our
analyses to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted by
interested parties no later than seven days after the date on which the
final verification report is issued in these proceedings and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\8\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\9\ Any electronically
filed document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by the date and time it
is due.
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\8\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general
filing requirements).
\9\ See 19 CFR 351.309(c)(2).
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Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 30 days of publication of this notice. 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 case and rebuttal briefs. If a party
requests a hearing, the Department will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and location to be determined. Parties should confirm by telephone the
date, time, and location of the hearing.
The Department intends to issue the final results of these reviews,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review, in accordance with 19 CFR 351.212(b). For the
companies for which this review is rescinded, antidumping duties shall
be assessed at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(l)(i). The Department
intends to issue appropriate assessment instructions with respect to
the companies for which this review is rescinded to CBP 15 days after
the publication of this notice. For the remaining companies subject to
review, the Department will direct CBP to assess rates based on the
per-unit (i.e., per kilogram) amount on each entry of the subject
merchandise during the POR. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of review.
Pursuant to the Department's assessment practice in NME cases, for
merchandise that was not reported in the U.S. sales databases submitted
by an exporter individually examined during this review, but that
entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), the Department
will instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide rate.\10\
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\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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
sections 751(a)(2) of the Act: (1) For the companies listed
[[Page 57721]]
above, the cash deposit rate will be the rate established in these
final results of review (except, if the rate is zero or de minimis,
then zero cash deposit will be required for that company); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 4.71 U.S. dollars per kilogram; 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 exporter that supplied that non-PRC exporter.
These requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice 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 preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: November 29, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary of Enforcement and Compliance.
Appendix I
Companies for Which Administrative Reviews Have Been Rescinded
1. Jining Alpha Food Co., Ltd.
2. Jining Yongjia Trade Co., Ltd.
3. Jinxiang Hejia Co., Ltd.
4. Qingdao Joinseafoods Co., Ltd. and Join Food Ingredient Inc.
5. Zhengzhou Yudi Shengjin Agricultural Trade Co., Ltd.
6. Jinxiang Shengtai Fruits & Vegetables Co., Ltd.
Appendix II
Companies for Which Administrative Reviews Have Been Preliminarily
Rescinded
1. Jinxiang Jinma Fruits Vegetables Products Co., Ltd
2. Juxian Huateng Food Co., Ltd.
3. Qingdao Hailize (Sea-Line) International Trading Co., Ltd.
4. Qingdao Jiuyihongrun Foods Co., Ltd.
5. Qingdao Ritai Food Co., Ltd.
6. Zhengzhou Harmoni Spice Co. Ltd.
7. Zhonglian Nongchan Co., Ltd.
Appendix III
Non-Selected Separate Rate Companies
1. Jining Shunchang Import & Export Co., Ltd.
2. Jinxiang Feiteng Import & Export Co., Ltd.
3. Qingdao Sea-Line International Trading Co., Ltd.
4. Shenzhen Bainong Co., Ltd.
5. Shenzhen Xinboda Industrial Co., Ltd.
6. Weifang Hongqiao International Logistics Co., Ltd.
Appendix IV
Companies That Have Certified No Shipments
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co., Ltd.
3. Jining Yifa Garlic Produce Co., Ltd.
4. Jinxiang Richfar Fruits & Vegetables Co., Ltd.
5. Shijiazhuang Goodman Trading Co., Ltd.
[FR Doc. 2017-26378 Filed 12-6-17; 8:45 am]
BILLING CODE 3510-DS-P