[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61023-61024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24539]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
of the Semiannual Antidumping Duty New Shipper Review of Jinxiang
Infang Fruit & Vegetable Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has conducted a new
shipper review (NSR) of Jinxiang Infang Fruit & Vegetable Co., Ltd.
(Infang) regarding the antidumping duty order on fresh garlic from the
People's Republic of China (China). The period of review (POR) is
November 1, 2017 through May 31, 2018. Based on our analysis of the
comments received, we continue to find that Infang's sale was a bona
fide transaction, and that that sale was made below normal value (NV).
DATES: Applicable November 12, 2019.
FOR FURTHER INFORMATION CONTACT: Alex 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) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2018, at the request of Infang, Commerce published a
notice of initiation of a new shipper review of fresh garlic from China
for the period November 1, 2017 through May 31, 2018.\1\ On June 13,
2019, Commerce published the preliminary results of this new shipper
review.\2\ On August 29,
[[Page 61024]]
2019, the deadline for the final results was extended to November 1,
2019.\3\ On September 19, 2019, Commerce cancelled the planned
verification of Infang's responses due to the petitioners' \4\
withdrawal of their verification request.\5\
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\1\ See Fresh Garlic from the People's Republic of China:
Initiation of Semiannual Antidumping Duty New Shipper Review; 2017-
2018, 83 FR 31734 (July 9, 2018); see also Infang's Letter, ``Fresh
Garlic from the People's Republic of China--Request for New Shipper
Review,'' dated May 23, 2018.
\2\ See Fresh Garlic from the People's Republic of China:
Preliminary Results of the Antidumping Duty New Shipper Review, 84
FR 27585 (June 13, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\3\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--2017-2018 Semiannual Antidumping Duty New Shipper Review:
Extension of Deadline for the Final Results of the Review,'' dated
August 29, 2019.
\4\ The petitioners are the Fresh Garlic Producers Association
(FGPA) and its individual members: Christopher Ranch L.L.C., the
Garlic Company, and Valley Garlic.
\5\ See Petitioners' Letter, ``27th New Shipper Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China--Petitioners' Withdrawal of Request for Verification,'' dated
August 23, 2019.
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A summary of the events that occurred since Commerce published the
Preliminary Results, as well as a full discussion of the issues raised
by parties for this final determination, are found in the Issues and
Decision Memorandum, hereby adopted by this notice.\6\ The Issues and
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 it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
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\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Semiannual 2017-2018 Antidumping Duty New Shipper Review:
Fresh Garlic from the People's Republic of China,'' dated November
1, 2019 (Issues and Decision Memorandum).
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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. 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 Issues and Decision Memorandum.\7\ Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written product description is dispositive.
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\7\ See the Issues and Decision Memorandum.
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Final Results of New Shipper Review
As explained in the Issues and Decision Memorandum, we continue to
find that Infang's sale is bona fide within the meaning of section
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act).
Commerce continues to find that the following weighted-average dumping
margin exists for the period November 1, 2017 through May 31, 2018:
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Weighted-
average
dumping
Producer/exporter margin
(dollars
per kg)
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Producer: Jinxiang Excelink Foodstuffs Co., Ltd............. 4.31
Exporter: Jinxiang Infang Fruit & Vegetable Co., Ltd........
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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 to this notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of the NSR of Infang for shipments of
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act. Commerce will instruct U.S. Customs
and Border Protection (CBP) to collect the following cash deposits: (1)
For subject merchandise produced and exported by the producer and
exporter combination listed in the ``Final Results of New Shipper
Review'' section above, the cash deposit rate will be the rate listed
above; (2) for subject merchandise exported by Infang, but not produced
by Jinxiang Excelink Foodstuffs Co., Ltd., the cash deposit rate will
be the rate for the China-wide entity; and (3) for subject merchandise
produced by Jinxiang Excelink Foodstuffs Co., Ltd., but not exported by
Infang, the cash deposit rate will be the rate applicable to the
relevant exporter. These deposit requirements shall remain in effect
until further notice.
Assessment Instructions
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a 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 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.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: November 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Romania or Mexico is a Significant Producer
of Comparable Merchandise
Comment 2: Whether the Garlic Market in Romania is Distorted
Comment 3: Whether Garlic Grown in Romania or Mexico is of a
Comparable Size to Garlic in China
Comment 4: Whether Romania or Mexico Offer the Best Data
V. Recommendation
[FR Doc. 2019-24539 Filed 11-8-19; 8:45 am]
BILLING CODE 3510-DS-P