Fresh Garlic from the People's Republic of China: Final Results and Partial Rescission of the Eleventh Administrative Review and New Shipper Reviews, 34438-34441 [E7-12031]
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34438
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
necessary for an Appeal. For Option 3
participants, the Census Bureau’s 2010
Census LUCA program will be officially
completed at the time the Census
Bureau provides the LUCA Feedback
materials to the participant.
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0413 or (202) 482–
3208, respectively.
Executive Order 12866
On March 30, 2007, we extended the
time limit for the completion of the final
results of these reviews, including our
analysis of issues raised in case or
rebuttal briefs until June 9, 2007. See
Fresh Garlic from the People’s Republic
of China: Extension of Time Limits for
the Final Results of the 11th
Administrative Review and New
Shipper Reviews, 72 FR 15105 (March
30, 2007).
We invited parties to comment on the
Preliminary Results. On January 31,
2007, GDLSK Respondents,1 Jinxiang
Dongyun Freezing Storage Co., Ltd
(‘‘Dongyun’’), and Petitioners2 filed case
briefs.3 On February 12, 2007, Dongyun,
GDLSK Respondents, Qingdao Saturn
and Petitioners filed rebuttal case briefs.
This notice has been determined to
not be significant under Executive Order
12866.
Paperwork Reduction Act
This program is subject to the
requirements of the Paperwork
Reduction Act, Title 44, United States
Code, Chapter 35. The Census Bureau
has initiated its request for clearance by
the Office of Management and Budget.
Dated: June 18, 2007.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. E7–12160 Filed 6–21–07; 8:45 am]
BILLING CODE 3510–07–P
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
Analysis of Comments Received
International Trade Administration
All issues raised in the case and
rebuttal briefs by parties to these
reviews are addressed in the
‘‘Antidumping Duty Order on Fresh
Garlic from the People’s Republic of
China: Issues and Decision
Memorandum for the Eleventh
Administrative Review and New
Shipper Reviews,’’ dated June 11, 2007,
which is hereby adopted by this notice
(‘‘Issues and Decision Memo’’). A list of
the issues which parties raised and to
which we respond in the Issues and
Decision Memo is attached to this notice
as an Appendix. The Issues and
Decision Memo is a public document
and is on file in the Central Records
Unit (‘‘CRU’’), Main Commerce
Building, Room B–099, and is accessible
on the Web at https://www.trade.gov/ia.
The paper copy and electronic version
of the memorandum are identical in
content.
[A–570–831]
Fresh Garlic from the People’s
Republic of China: Final Results and
Partial Rescission of the Eleventh
Administrative Review and New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 22, 2007.
SUMMARY: On December 11, 2006, the
Department of Commerce (‘‘the
Department’’) published the Preliminary
Results of the administrative review and
new shipper review of fresh garlic from
the People’s Republic of China (‘‘PRC’’),
covering the period November 1, 2004,
through October 31, 2005. See Fresh
Garlic from the People’s Republic of
China: Partial Rescission and
Preliminary Results of the Eleventh
Administrative Review and New
Shipper Reviews, 71 FR 71510
(December 11, 2006) (‘‘Preliminary
Results’’). The period of review (‘‘POR’’)
is November 1, 2004, through October
31, 2005. Based on our analysis of the
comments received, we have made
certain changes to our calculations. The
final dumping margins for these reviews
are listed in the ‘‘Final Results of the
Reviews’’ section below.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Alex Villanueva, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
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AGENCY:
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1 Shandong Longtai Fruits and Vegetables Co.,
Ltd. (‘‘Longtai’’), Linshu Dading Private
Agricultural Products Co., Ltd. (‘‘Dading’’), Jinxiang
Shanyang Freezing Storage Co., Ltd. (‘‘Shanyang
Freezing’’), Sunny Import & Export Limited
(‘‘Sunny’’), and Jining Trans-High Trading Co., Ltd.
(‘‘Trans-High’’) are collectively referred to as
‘‘GDLSK Respondents.’’
2 Petitioners are the Fresh Garlic Producers
Association (‘‘FGPA’’) and its individual members.
The individual members of the FGPA are
Christopher Ranch LLC, The Garlic Company,
Valley Garlic, and Vessey and Company, Inc.
3 Qingdao Camel Trading Co., Ltd. (‘‘Qingdao
Camel’’), Qingdao Saturn International Trade Co.,
Ltd. (‘‘Qingdao Saturn’’), XuZhou Simple Garlic
Industry Co., Ltd. (‘‘XuZhou Simple’’), and Qingdao
Xintianfeng Foods Co., Ltd. (‘‘QXF’’) did not submit
briefs.
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Changes Since the Preliminary Results
Based on our analysis of information
on the record of these reviews, and
comments received from the interested
parties, we have made changes to the
margin calculations for certain
respondents.
We have revalued several of the
surrogate values used in the Preliminary
Results. The values that were modified
for these final results are those for garlic
bulbs, foreign brokerage and handling
and labor wage rate. For further details
see Issues and Decision Memo at
Comments 2 through 6 and Intermediate
Value Section below.
In addition, we have made some
company–specific changes since the
Preliminary Results. Specifically, we
have incorporated, where applicable,
post–preliminary clarifications, and
performed clerical error corrections for
Dongyun, Longtai, Qingdao Camel,
Qingdao Saturn, Shanyang Freezing,
Sunny, Trans–High and XuZhou
Simple. For further details on these
company–specific changes, see Issues
and Decision Memo at Comments 7 and
11 through 13.4
Scope of the Order
The products covered by this
antidumping duty order are all grades of
garlic, whole or separated into
constituent cloves, whether or not
peeled, fresh, chilled, frozen,
provisionally preserved, or packed in
water or other neutral substance, but not
prepared or preserved by the addition of
other ingredients or heat processing.
The differences between grades are
based on color, size, sheathing, and
4 The specific calculation changes can be found
in: ‘‘Analysis for the Final Results of the 11th
Antidumping Duty Administrative Review of Fresh
Garlic from the People’s Republic of China: Jinxiang
Dongyun Freezing Storage Co., Ltd.’’; ‘‘Analysis for
the Final Results of the 11th Antidumping Duty
Administrative Review of Fresh Garlic from the
People’s Republic of China: Jinxiang Shanyang
Freezing Storage Co., Ltd.’’; ‘‘Analysis for the Final
Results of the 11th Antidumping Duty
Administrative Review of Fresh Garlic from the
People’s Republic of China: Sunny Import & Export
Limited’’; ‘‘Analysis for the Final Results of the
11th Antidumping Duty Administrative Review of
Fresh Garlic from the People’s Republic of China:
Jining Trans-High Trading Co., Ltd.’’; ‘‘Analysis for
the Final Results of the Antidumping Duty New
Shipper Review of Fresh Garlic from the People’s
Republic of China: Shandong Longtai Fruits &
Vegetables Co., Ltd.’’; ‘‘Analysis for the Final
Results of the Antidumping Duty New Shipper
Review of Fresh Garlic from the People’s Republic
of China: Qingdao Camel Trading Co., Ltd.’’;
‘‘Analysis for the Final Results of the Antidumping
Duty New Shipper Review of Fresh Garlic from the
People’s Republic of China: Qingdao Saturn
International Trade Co., Ltd.’’; ‘‘Analysis for the
Final Results of the Antidumping Duty New
Shipper Review of Fresh Garlic from the People’s
Republic of China: XuZhou Simple Garlic Industry
Co., Ltd.’’.
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Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
level of decay. The scope of this order
does not include the following: (a)
Garlic that has been mechanically
harvested and that is primarily, but not
exclusively, destined for non–fresh use;
or (b) garlic that has been specially
prepared and cultivated prior to
planting and then harvested and
otherwise prepared for use as seed. The
subject merchandise is used principally
as a food product and for seasoning. The
subject garlic is currently classifiable
under subheadings 0703.20.0010,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, and 2005.90.9700 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
order is dispositive. In order to be
excluded from the antidumping duty
order, garlic entered under the HTSUS
subheadings listed above that is (1)
mechanically harvested and primarily,
but not exclusively, destined for non–
fresh use or (2) specially prepared and
cultivated prior to planting and then
harvested and otherwise prepared for
use as seed must be accompanied by
declarations to CBP to that effect.
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Partial Recession of Administrative
Reviews
In the Preliminary Results, the
Department issued a notice of intent to
rescind the administrative review with
respect to Jinan Yipin Corporation, Ltd.
(‘‘Jinan Yipin’’), Shanghai Ever Rich
Trade Company (‘‘Ever Rich’’) and its
supplier Pizhou Guangda Import and
Export Co., Ltd. (‘‘Pizhou Guangda’’),
and Weifang Shennong Foodstuff Co.,
Ltd. (‘‘Weifang Shennong’’) because we
found no evidence that Jinan Yipin,
Ever Rich, Pizhou Guangda or Weifang
Shennong made shipments of subject
merchandise during the POR. See
Preliminary Results at 71512. The
Department received no comments on
this issue, and we did not receive any
further information since the issuance of
the Preliminary Results that provides a
basis for a reconsideration of this
determination. Therefore, the
Department is rescinding this
administrative review with respect to
Jinan Yipin, Ever Rich, Pizhou Guangda
or Weifang Shennong.
Separate Rates
In our Preliminary Results, we
determined that Dading, Dongyun, Fook
Huat Tong Kee Foodstuffs Co., Ltd.
(‘‘FHTK’’), Heze Ever–Best International
Trade Co., Ltd. (‘‘Ever–Best’’), Huaiyang
Hongda Dehydrated Vegetable Company
(‘‘Hongda’’), Longtai, Qingdao Camel,
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Qingdao Saturn, QXF, Shanyang
Freezing, Sunny, Taiyan Ziyang Food
Co., Ltd. (‘‘Ziyang’’), Trans–High and
XuZhou Simple met the criteria for the
application of a separate rate. We have
not received any information or
comments since the issuance of the
Preliminary Results that provides a basis
for reconsideration of these
determinations. Therefore, the
Department continues to find each of
these entities meet the criteria for a
separate rate.
Qingdao Camel
In the Preliminary Results we found
that Jinxiang County Lufeng Agriculture
Product Material Co., Ltd. (‘‘Lufeng’’),
Qingdao Camel’s producer, failed to act
to the best of its ability to comply with
the Department’s repeated requests for
information. We therefore, applied
partial adverse facts available, pursuant
to section 776(a) and (b) of the Tariff Act
of 1930 (‘‘the Act’’), to Lufeng for
electricity, mesh bags, supplier
distances and labor for the reasons set
out in the Preliminary Results. See
Preliminary Results, 71 FR at 71516. We
did not receive any information or
comments since the issuance of the
Preliminary Results that provides a basis
for reconsideration of these
determinations. Accordingly, for the
final results, we continue to apply
partial adverse facts available to
Qingdao Camel, as noted above.
QXF
Consistent with the Preliminary
Results, we continue to find that QXF
failed to cooperate with the Department
in the context of the new shipper review
by not acting to the best of its ability to
comply with the Department’s requests
for information and that an adverse
inference is warranted, pursuant to
section 776(a) and (b) of the Act, for the
reasons set out in the Preliminary
Results. See Preliminary Results, 71 FR
at 71517. We did not receive any
information or comments since the
issuance of the Preliminary Results that
provides a basis for reconsideration of
this determination. Accordingly, for the
final results, we continue to assign QXF
a margin of 376.67 percent.
Qingyuan
Consistent with the Preliminary
Results, we continue to find that
Zhangqui Qingyuan Vegetable Co., Ltd.
(‘‘Qingyuan’’) failed to cooperate with
the Department in the context of the
review by not acting to the best of its
ability to comply with the Department’s
requests for information and that an
adverse inference is warranted,
pursuant to section 776(a) and (b) of the
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34439
Act, for the reasons set out in the
Preliminary Results. See Preliminary
Results, 71 FR at 71517. We did not
receive any information or comments
since the issuance of the Preliminary
Results that provides a basis for
reconsideration of this determination.
Accordingly, for the final results, we
continue to assign Qingyuan a margin of
376.67 percent, the PRC–wide rate.
Normal Value Methodology
The Department’s general policy,
consistent with section 773(c)(1)(B) of
the Act, is to calculate normal value
(‘‘NV’’) using the factors of production
(‘‘FOPs’’) that a respondent consumes in
order to produce a unit of the subject
merchandise. There are circumstances,
however, in which the Department will
modify its standard FOP methodology,
choosing to apply a surrogate value to
an intermediate input instead of the
individual FOPs used to produce that
intermediate input. First, in some cases,
a respondent may report factors used to
produce an intermediate input that
accounts for an insignificant share of
total output. When the potential
increase in accuracy to the overall
calculation that results from valuing
each of the FOPs is outweighed by the
resources, time, and burden such an
analysis would place on all parties to
the proceeding, the Department has
valued the intermediate input directly
using a surrogate value. See, e.g., Notice
of Final Antidumping Duty
Determination of Sales at Less Than
Fair Value and Affirmative Critical
Circumstances: Certain Frozen Fish
Fillets from the Socialist Republic of
Vietnam, 68 FR 37116 (June 23, 2003)
(‘‘Fish Fillets’’) at Comment 3.
Also, there are circumstances in
which valuing the FOPs used to yield an
intermediate product would lead to an
inaccurate result because the
Department would not be able to
account for a significant element of cost
adequately in the overall factors
buildup. In this situation, the
Department would also value the
intermediate input directly. See, e.g.,
Fresh Garlic from the People’s Republic
of China: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review and Final
Results of New Shipper Reviews, 71 FR
26329 (May 4, 2006) at Comment 1.
In the Preliminary Results, we found
that respondents in these proceedings
were unable to accurately record and
substantiate the complete costs of
growing garlic based on our analysis of
the information on the record and for
the reasons outlined in the
Memorandum to the File entitled, ‘‘11th
Administrative Review and New
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Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
Shipper Reviews of Fresh Garlic from
the People’s Republic of China:
Intermediate Input Methodology,’’ dated
November 30, 2006 (‘‘Intermediate
Product Memo’’). See Preliminary
Results, 71 FR at 71520. In order to
eliminate the distortions in our
calculation of NV for all of the reasons
identified in the Intermediate Product
Memo, we have applied an
intermediate–product valuation
methodology to all companies for these
final results of review. Using this
methodology, we calculated NV by
starting with a surrogate value for the
garlic bulb (i.e., the ‘‘intermediate
product’’), adjusted for yield losses
during the processing stages, and adding
the respondents’ processing costs,
which were calculated using their
reported usage rates for processing fresh
garlic. In future reviews, should a
respondent be able provide sufficient
factual evidence that it maintains the
necessary information in its internal
books and records that would allow us
to establish the completeness and
accuracy of the reported FOPs, we will
revisit this issue and consider whether
to use its reported FOPs in the
calculation of NV. For further details,
see Intermediate Product Memo and
Issues and Decision Memo at Comment
1.
In addition, we have revised the
calculation of the garlic bulb surrogate
value. In the Preliminary Results we
used prices for super–A garlic to value
the respondents garlic bulb input using
Azadpur Agricultural Produce
Marketing Committee’s (‘‘APMC’’)
‘‘Market Information Bulletin’’ (the
‘‘Bulletin’’). The Bulletin is published
by Azadpur APMC on each trading day
and contains, among other things, a list
of all fruits and vegetables sold on the
previous trading day, the amount (by
weight) of each fruit or vegetable sold
on that day and a low, high and modal
price for each commodity sold. For
these final results, however, using
respondents’ size data on the record, the
Department calculated a surrogate value
based on the most appropriate Bulletin
data. We have concluded that a more
accurate analysis would be for the
Department to use size A values
averaged with deflated super–A values,
for those respondents which have a
garlic bulb input which overlaps the
grade A and super–A sizes. Specifically,
we used the data points for A grade
garlic to capture respondents’ inputs of
garlic which ranged from 40 - 55mm
and used super–A data points to capture
the respondents’ garlic input ranged
greater than 55mm. For those
respondents with a garlic bulb input
which exceeds 55mm, we have used
only super–A values. See Issues and
Decision Memo at Comment 2.
For a complete explanation of the
Department’s analysis, and for a more
detailed analysis of these issues with
respect to each respondent, see
Intermediate Product Memo and Issues
and Decision Memo at Comments 1 and
2.
Final Results of the Reviews
The Department has determined that
the following final dumping margins
exist for the period November 1, 2004,
through October 31, 2005:
FRESH GARLIC FROM THE PRC - WEIGHTED–AVERAGE DUMPING MARGINS
Weighted–Average Deposit
Rate
Manufacturer/Exporter
Produced by Jinxiang County Lufeng Agricultural Production Material Co., Ltd. and Exported by Qingdao
Camel Trading Co., Ltd. .......................................................................................................................................
Produced and Exported by Shandong Longtai Fruits and Vegetables Co., Ltd. ....................................................
Produced and Exported by Qingdao Xintianfeng Foods Co., Ltd. ..........................................................................
Produced by Cangshan County Taifeng Agricultural By–Products Processing Co., Ltd. and Exported by
Qingdao Saturn International Trade Co., Ltd. .....................................................................................................
Produced and Exported by XuZhou Simple Garlic Industry Co., Ltd. ....................................................................
Sunny Import & Export Limited ...............................................................................................................................
Jining Trans–High Trading Co., Ltd. .......................................................................................................................
Jinxiang Dongyun Freezing Storage Co., Ltd. ........................................................................................................
Jinxiang Shanyang Freezing Storage Co., Ltd. ......................................................................................................
Fook Huat Tong Kee Foodstuffs Co., Ltd. ..............................................................................................................
Heze Ever–Best International Trade Co., Ltd. ........................................................................................................
Huaiyang Hongda Dehydrated Vegetable Company ..............................................................................................
Linshu Dading Private Agricultural Products Co., Ltd. ............................................................................................
Taiyan Ziyang Food Co., Ltd. ..................................................................................................................................
PRC–Wide Rate (includes Qingyuan) .....................................................................................................................
The Department will disclose
calculations performed for these final
results to the parties within five days of
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
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Assessment Rates
Pursuant to 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review. For assessment purposes, where
possible, we calculated importer–
specific assessment rates for garlic from
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the PRC via ad valorem duty assessment
rates based on the ratio of the total
amount of the dumping margins
calculated for the examined sales to the
total entered value of those same sales.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review.
As discussed above, we are rescinding
the administrative review with respect
to Ever Rich and its supplier Pizhou
Guangda because we found no evidence
that it made shipments of the subject
merchandise during the POR. Therefore,
for entries of subject merchandise
exported by Ever Rich, antidumping
duties shall be assessed at the PRC–
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70.47
46.80%
376.67%
de minimis
68.58%
1.45%
1.73%
14.72%
62.25%
18.85%
18.85%
18.85%
18.85%
18.85%
376.67%
Wide rate required at the time of entry,
or withdrawal from warehouse, for
consumption, in accordance with
Department practice and 19 CFR
351.212(c)(2). See Notice of Final
Results and Final Rescission, In Part of
Antidumping Administrative Review:
Honey from the People’s Republic of
China, 70 FR 38873, 38881 (July 6,
2005). Lastly, for all shipments of
subject merchandise exported by Trans–
High and imported by companies other
than those identified by Trans–High as
its customers/importers in this
administrative review, antidumping
duties shall be assessed at the PRC–
Wide rate required at the time of entry,
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or withdrawal from warehouse, for
consumption, in accordance with
Department practice and 19 CFR
351.212(c)(2). Id at 3888.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) for the
exporters listed above, the cash deposit
rate will be established in these final
results of review (except, if the rate is
zero or de minimis, i.e., less than 0.5
percent, no 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 376.67 percent;
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 exporters that supplied that non–
PRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
The following cash deposit
requirements will be effective upon
publication of the final results of these
new shipper reviews for all shipments
of subject merchandise from Qingdao
Camel, Qingdao Saturn, XuZhou and
Longtai 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
subject merchandise exported by
Qingdao Camel, Qingdao Saturn,
XuZhou and Longtai and produced by
their respective suppliers listed above,
the cash–deposit rate will be that
established in these final results of new
shipper reviews; (2) for subject
merchandise exported by Qingdao
Camel, Qingdao Saturn, XuZhou and
Longtai but not manufactured by their
respective suppliers, the cash deposit
rate will continue to be the PRC–wide
rate (i.e., 376.67 percent); and (3) for
subject merchandise exported by QXF,
the cash deposit rate will be the PRC–
wide rate (i.e., 376.67 percent).
Notification of Interested Parties
This notice serves as a final reminder
to importers of their responsibility
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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 the review period. Pursuant to 19
CFR 351.402(f)(3), failure to comply
with this requirement could result in
the Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the administrative protective order
itself. Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice of final results of this
administrative review and new shipper
reviews are issued and published in
accordance with sections 751(a)(2)(C)
and 777(i) of the Act and 19 CFR
351.221(b)(5) and 351.214(j).
Dated: June 11, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretaryfor Import
Administration.
Appendix I
Comment 1: Intermediate Methodology
Comment 2: Garlic Bulb Surrogate Value
A. Product Specificity
B. Broad Market Average
C. Public Availability
D. Contemporaneity
E. Tax and Duty Exclusivity
Comment 3: Surrogate Financial
Companies
Comment 4: Surrogate Value for Labor
Comment 5: Carton Surrogate Value
Comment 6: Inclusion of Packing
Weight in Movement Expenses
Comment 7: Brokerage and Handling
Surrogate Value
Comment 8: Water Surrogate Value
Comment 9: By–Product Offset
Comment 10: Application of Packaging
Materials in the Calculation of Normal
Value
Comment 11: Shangyang Freezing’s
Polyethylene and Polyester Surrogate
Values
Comment 12: Dongyun’s Section C
Database
Comment 13: Dongyun’s Yield Loss
[FR Doc. E7–12031 Filed 6–21–07; 8:45 am]
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34441
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–807]
Certain Hot–Rolled Carbon Steel Flat
Products from the Netherlands;
Amended Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 22, 2007, the
Department of Commerce (the
Department) published Certain Hot–
Rolled Carbon Steel Flat Products from
the Netherlands; Final Results of
Antidumping Duty Administrative
Review, 72 FR 28676, (May 22, 2007)
(Final Results), covering the period of
review (POR) November 1, 2004,
through October 31, 2005. We are
amending the Final Results to correct
ministerial errors made in the
calculation of the dumping margins for
Corus Staal BV (Corus Staal), pursuant
to section 751(h) of the Tariff Act of
1930, as amended (the Act).
SUPPLEMENTARY INFORMATION: On May
22, 2007, the Department published the
final results of the 2004–2005
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the Netherlands, in which we
determined that the respondent, Corus
Staal, sold subject merchandise to the
United States at less than normal value
during the period of review (POR). See
Final Results. On May 22, 2007, we
received an allegation, timely filed
pursuant to section 751(h) of the Act
and 19 CFR 351.224(c)(2), from Corus
Staal that the Department made a
ministerial error in the Final Results.
The petitioners did not comment on the
alleged ministerial error.
After analyzing Corus Staal’s
submission, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224, that we made
a ministerial error in our final margin
calculation for Corus Staal. For both the
preliminary and final results in this
review the Department determined that
all sales in the home market were made
at the same level of trade. However, in
both the preliminary and final
comparison market programs, we failed
to revise the level of trade variable
reported by Corus Staal to reflect the
Department’s determination that all
sales in the home market were at the
same level of trade. For a detailed
discussion of the ministerial error, as
well as the Department’s corrective
programming, see the Analysis
AGENCY:
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34438-34441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12031]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China: Final Results
and Partial Rescission of the Eleventh Administrative Review and New
Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 22, 2007.
SUMMARY: On December 11, 2006, the Department of Commerce (``the
Department'') published the Preliminary Results of the administrative
review and new shipper review of fresh garlic from the People's
Republic of China (``PRC''), covering the period November 1, 2004,
through October 31, 2005. See Fresh Garlic from the People's Republic
of China: Partial Rescission and Preliminary Results of the Eleventh
Administrative Review and New Shipper Reviews, 71 FR 71510 (December
11, 2006) (``Preliminary Results''). The period of review (``POR'') is
November 1, 2004, through October 31, 2005. Based on our analysis of
the comments received, we have made certain changes to our
calculations. The final dumping margins for these reviews are listed in
the ``Final Results of the Reviews'' section below.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Alex Villanueva, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-0413 or (202) 482-3208, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 30, 2007, we extended the time limit for the completion of
the final results of these reviews, including our analysis of issues
raised in case or rebuttal briefs until June 9, 2007. See Fresh Garlic
from the People's Republic of China: Extension of Time Limits for the
Final Results of the 11\th\ Administrative Review and New Shipper
Reviews, 72 FR 15105 (March 30, 2007).
We invited parties to comment on the Preliminary Results. On
January 31, 2007, GDLSK Respondents,\1\ Jinxiang Dongyun Freezing
Storage Co., Ltd (``Dongyun''), and Petitioners\2\ filed case
briefs.\3\ On February 12, 2007, Dongyun, GDLSK Respondents, Qingdao
Saturn and Petitioners filed rebuttal case briefs.
---------------------------------------------------------------------------
\1\ Shandong Longtai Fruits and Vegetables Co., Ltd.
(``Longtai''), Linshu Dading Private Agricultural Products Co., Ltd.
(``Dading''), Jinxiang Shanyang Freezing Storage Co., Ltd.
(``Shanyang Freezing''), Sunny Import & Export Limited (``Sunny''),
and Jining Trans-High Trading Co., Ltd. (``Trans-High'') are
collectively referred to as ``GDLSK Respondents.''
\2\ Petitioners are the Fresh Garlic Producers Association
(``FGPA'') and its individual members. The individual members of the
FGPA are Christopher Ranch LLC, The Garlic Company, Valley Garlic,
and Vessey and Company, Inc.
\3\ Qingdao Camel Trading Co., Ltd. (``Qingdao Camel''), Qingdao
Saturn International Trade Co., Ltd. (``Qingdao Saturn''), XuZhou
Simple Garlic Industry Co., Ltd. (``XuZhou Simple''), and Qingdao
Xintianfeng Foods Co., Ltd. (``QXF'') did not submit briefs.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the ``Antidumping Duty Order on Fresh
Garlic from the People's Republic of China: Issues and Decision
Memorandum for the Eleventh Administrative Review and New Shipper
Reviews,'' dated June 11, 2007, which is hereby adopted by this notice
(``Issues and Decision Memo''). A list of the issues which parties
raised and to which we respond in the Issues and Decision Memo is
attached to this notice as an Appendix. The Issues and Decision Memo is
a public document and is on file in the Central Records Unit (``CRU''),
Main Commerce Building, Room B-099, and is accessible on the Web at
https://www.trade.gov/ia. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of information on the record of these
reviews, and comments received from the interested parties, we have
made changes to the margin calculations for certain respondents.
We have revalued several of the surrogate values used in the
Preliminary Results. The values that were modified for these final
results are those for garlic bulbs, foreign brokerage and handling and
labor wage rate. For further details see Issues and Decision Memo at
Comments 2 through 6 and Intermediate Value Section below.
In addition, we have made some company-specific changes since the
Preliminary Results. Specifically, we have incorporated, where
applicable, post-preliminary clarifications, and performed clerical
error corrections for Dongyun, Longtai, Qingdao Camel, Qingdao Saturn,
Shanyang Freezing, Sunny, Trans-High and XuZhou Simple. For further
details on these company-specific changes, see Issues and Decision Memo
at Comments 7 and 11 through 13.\4\
---------------------------------------------------------------------------
\4\ The specific calculation changes can be found in: ``Analysis
for the Final Results of the 11th Antidumping Duty Administrative
Review of Fresh Garlic from the People's Republic of China: Jinxiang
Dongyun Freezing Storage Co., Ltd.''; ``Analysis for the Final
Results of the 11th Antidumping Duty Administrative Review of Fresh
Garlic from the People's Republic of China: Jinxiang Shanyang
Freezing Storage Co., Ltd.''; ``Analysis for the Final Results of
the 11th Antidumping Duty Administrative Review of Fresh Garlic from
the People's Republic of China: Sunny Import & Export Limited'';
``Analysis for the Final Results of the 11th Antidumping Duty
Administrative Review of Fresh Garlic from the People's Republic of
China: Jining Trans-High Trading Co., Ltd.''; ``Analysis for the
Final Results of the Antidumping Duty New Shipper Review of Fresh
Garlic from the People's Republic of China: Shandong Longtai Fruits
& Vegetables Co., Ltd.''; ``Analysis for the Final Results of the
Antidumping Duty New Shipper Review of Fresh Garlic from the
People's Republic of China: Qingdao Camel Trading Co., Ltd.'';
``Analysis for the Final Results of the Antidumping Duty New Shipper
Review of Fresh Garlic from the People's Republic of China: Qingdao
Saturn International Trade Co., Ltd.''; ``Analysis for the Final
Results of the Antidumping Duty New Shipper Review of Fresh Garlic
from the People's Republic of China: XuZhou Simple Garlic Industry
Co., Ltd.''.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this antidumping duty order are all grades
of garlic, whole or separated into constituent cloves, whether or not
peeled, fresh, chilled, frozen, provisionally preserved, or packed in
water or other neutral substance, but not prepared or preserved by the
addition of other ingredients or heat processing. The differences
between grades are based on color, size, sheathing, and
[[Page 34439]]
level of decay. The scope of this order does not include the following:
(a) Garlic that has been mechanically harvested and that is primarily,
but not exclusively, destined for non-fresh use; or (b) garlic that has
been specially prepared and cultivated prior to planting and then
harvested and otherwise prepared for use as seed. The subject
merchandise is used principally as a food product and for seasoning.
The subject garlic is currently classifiable under subheadings
0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750,
0711.90.6000, and 2005.90.9700 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). Although the HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope of this order is dispositive. In order to be excluded from the
antidumping duty order, garlic entered under the HTSUS subheadings
listed above that is (1) mechanically harvested and primarily, but not
exclusively, destined for non-fresh use or (2) specially prepared and
cultivated prior to planting and then harvested and otherwise prepared
for use as seed must be accompanied by declarations to CBP to that
effect.
Partial Recession of Administrative Reviews
In the Preliminary Results, the Department issued a notice of
intent to rescind the administrative review with respect to Jinan Yipin
Corporation, Ltd. (``Jinan Yipin''), Shanghai Ever Rich Trade Company
(``Ever Rich'') and its supplier Pizhou Guangda Import and Export Co.,
Ltd. (``Pizhou Guangda''), and Weifang Shennong Foodstuff Co., Ltd.
(``Weifang Shennong'') because we found no evidence that Jinan Yipin,
Ever Rich, Pizhou Guangda or Weifang Shennong made shipments of subject
merchandise during the POR. See Preliminary Results at 71512. The
Department received no comments on this issue, and we did not receive
any further information since the issuance of the Preliminary Results
that provides a basis for a reconsideration of this determination.
Therefore, the Department is rescinding this administrative review with
respect to Jinan Yipin, Ever Rich, Pizhou Guangda or Weifang Shennong.
Separate Rates
In our Preliminary Results, we determined that Dading, Dongyun,
Fook Huat Tong Kee Foodstuffs Co., Ltd. (``FHTK''), Heze Ever-Best
International Trade Co., Ltd. (``Ever-Best''), Huaiyang Hongda
Dehydrated Vegetable Company (``Hongda''), Longtai, Qingdao Camel,
Qingdao Saturn, QXF, Shanyang Freezing, Sunny, Taiyan Ziyang Food Co.,
Ltd. (``Ziyang''), Trans-High and XuZhou Simple met the criteria for
the application of a separate rate. We have not received any
information or comments since the issuance of the Preliminary Results
that provides a basis for reconsideration of these determinations.
Therefore, the Department continues to find each of these entities meet
the criteria for a separate rate.
Qingdao Camel
In the Preliminary Results we found that Jinxiang County Lufeng
Agriculture Product Material Co., Ltd. (``Lufeng''), Qingdao Camel's
producer, failed to act to the best of its ability to comply with the
Department's repeated requests for information. We therefore, applied
partial adverse facts available, pursuant to section 776(a) and (b) of
the Tariff Act of 1930 (``the Act''), to Lufeng for electricity, mesh
bags, supplier distances and labor for the reasons set out in the
Preliminary Results. See Preliminary Results, 71 FR at 71516. We did
not receive any information or comments since the issuance of the
Preliminary Results that provides a basis for reconsideration of these
determinations. Accordingly, for the final results, we continue to
apply partial adverse facts available to Qingdao Camel, as noted above.
QXF
Consistent with the Preliminary Results, we continue to find that
QXF failed to cooperate with the Department in the context of the new
shipper review by not acting to the best of its ability to comply with
the Department's requests for information and that an adverse inference
is warranted, pursuant to section 776(a) and (b) of the Act, for the
reasons set out in the Preliminary Results. See Preliminary Results, 71
FR at 71517. We did not receive any information or comments since the
issuance of the Preliminary Results that provides a basis for
reconsideration of this determination. Accordingly, for the final
results, we continue to assign QXF a margin of 376.67 percent.
Qingyuan
Consistent with the Preliminary Results, we continue to find that
Zhangqui Qingyuan Vegetable Co., Ltd. (``Qingyuan'') failed to
cooperate with the Department in the context of the review by not
acting to the best of its ability to comply with the Department's
requests for information and that an adverse inference is warranted,
pursuant to section 776(a) and (b) of the Act, for the reasons set out
in the Preliminary Results. See Preliminary Results, 71 FR at 71517. We
did not receive any information or comments since the issuance of the
Preliminary Results that provides a basis for reconsideration of this
determination. Accordingly, for the final results, we continue to
assign Qingyuan a margin of 376.67 percent, the PRC-wide rate.
Normal Value Methodology
The Department's general policy, consistent with section
773(c)(1)(B) of the Act, is to calculate normal value (``NV'') using
the factors of production (``FOPs'') that a respondent consumes in
order to produce a unit of the subject merchandise. There are
circumstances, however, in which the Department will modify its
standard FOP methodology, choosing to apply a surrogate value to an
intermediate input instead of the individual FOPs used to produce that
intermediate input. First, in some cases, a respondent may report
factors used to produce an intermediate input that accounts for an
insignificant share of total output. When the potential increase in
accuracy to the overall calculation that results from valuing each of
the FOPs is outweighed by the resources, time, and burden such an
analysis would place on all parties to the proceeding, the Department
has valued the intermediate input directly using a surrogate value.
See, e.g., Notice of Final Antidumping Duty Determination of Sales at
Less Than Fair Value and Affirmative Critical Circumstances: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 37116
(June 23, 2003) (``Fish Fillets'') at Comment 3.
Also, there are circumstances in which valuing the FOPs used to
yield an intermediate product would lead to an inaccurate result
because the Department would not be able to account for a significant
element of cost adequately in the overall factors buildup. In this
situation, the Department would also value the intermediate input
directly. See, e.g., Fresh Garlic from the People's Republic of China:
Final Results and Partial Rescission of Antidumping Duty Administrative
Review and Final Results of New Shipper Reviews, 71 FR 26329 (May 4,
2006) at Comment 1.
In the Preliminary Results, we found that respondents in these
proceedings were unable to accurately record and substantiate the
complete costs of growing garlic based on our analysis of the
information on the record and for the reasons outlined in the
Memorandum to the File entitled, ``11\th\ Administrative Review and New
[[Page 34440]]
Shipper Reviews of Fresh Garlic from the People's Republic of China:
Intermediate Input Methodology,'' dated November 30, 2006
(``Intermediate Product Memo''). See Preliminary Results, 71 FR at
71520. In order to eliminate the distortions in our calculation of NV
for all of the reasons identified in the Intermediate Product Memo, we
have applied an intermediate-product valuation methodology to all
companies for these final results of review. Using this methodology, we
calculated NV by starting with a surrogate value for the garlic bulb
(i.e., the ``intermediate product''), adjusted for yield losses during
the processing stages, and adding the respondents' processing costs,
which were calculated using their reported usage rates for processing
fresh garlic. In future reviews, should a respondent be able provide
sufficient factual evidence that it maintains the necessary information
in its internal books and records that would allow us to establish the
completeness and accuracy of the reported FOPs, we will revisit this
issue and consider whether to use its reported FOPs in the calculation
of NV. For further details, see Intermediate Product Memo and Issues
and Decision Memo at Comment 1.
In addition, we have revised the calculation of the garlic bulb
surrogate value. In the Preliminary Results we used prices for super-A
garlic to value the respondents garlic bulb input using Azadpur
Agricultural Produce Marketing Committee's (``APMC'') ``Market
Information Bulletin'' (the ``Bulletin''). The Bulletin is published by
Azadpur APMC on each trading day and contains, among other things, a
list of all fruits and vegetables sold on the previous trading day, the
amount (by weight) of each fruit or vegetable sold on that day and a
low, high and modal price for each commodity sold. For these final
results, however, using respondents' size data on the record, the
Department calculated a surrogate value based on the most appropriate
Bulletin data. We have concluded that a more accurate analysis would be
for the Department to use size A values averaged with deflated super-A
values, for those respondents which have a garlic bulb input which
overlaps the grade A and super-A sizes. Specifically, we used the data
points for A grade garlic to capture respondents' inputs of garlic
which ranged from 40 - 55mm and used super-A data points to capture the
respondents' garlic input ranged greater than 55mm. For those
respondents with a garlic bulb input which exceeds 55mm, we have used
only super-A values. See Issues and Decision Memo at Comment 2.
For a complete explanation of the Department's analysis, and for a
more detailed analysis of these issues with respect to each respondent,
see Intermediate Product Memo and Issues and Decision Memo at Comments
1 and 2.
Final Results of the Reviews
The Department has determined that the following final dumping
margins exist for the period November 1, 2004, through October 31,
2005:
Fresh Garlic from the PRC - Weighted-average Dumping Margins
------------------------------------------------------------------------
Manufacturer/Exporter Weighted-Average Deposit Rate
------------------------------------------------------------------------
Produced by Jinxiang County Lufeng 70.47
Agricultural Production Material Co.,
Ltd. and Exported by Qingdao Camel
Trading Co., Ltd........................
Produced and Exported by Shandong Longtai 46.80[percnt]
Fruits and Vegetables Co., Ltd..........
Produced and Exported by Qingdao 376.67[percnt]
Xintianfeng Foods Co., Ltd..............
Produced by Cangshan County Taifeng de minimis
Agricultural By-Products Processing Co.,
Ltd. and Exported by Qingdao Saturn
International Trade Co., Ltd............
Produced and Exported by XuZhou Simple 68.58[percnt]
Garlic Industry Co., Ltd................
Sunny Import & Export Limited............ 1.45[percnt]
Jining Trans-High Trading Co., Ltd....... 1.73[percnt]
Jinxiang Dongyun Freezing Storage Co., 14.72[percnt]
Ltd.....................................
Jinxiang Shanyang Freezing Storage Co., 62.25[percnt]
Ltd.....................................
Fook Huat Tong Kee Foodstuffs Co., Ltd... 18.85[percnt]
Heze Ever-Best International Trade Co., 18.85[percnt]
Ltd.....................................
Huaiyang Hongda Dehydrated Vegetable 18.85[percnt]
Company.................................
Linshu Dading Private Agricultural 18.85[percnt]
Products Co., Ltd.......................
Taiyan Ziyang Food Co., Ltd.............. 18.85[percnt]
PRC-Wide Rate (includes Qingyuan)........ 376.67[percnt]
------------------------------------------------------------------------
The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review. For
assessment purposes, where possible, we calculated importer-specific
assessment rates for garlic from the PRC via ad valorem duty assessment
rates based on the ratio of the total amount of the dumping margins
calculated for the examined sales to the total entered value of those
same sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review.
As discussed above, we are rescinding the administrative review
with respect to Ever Rich and its supplier Pizhou Guangda because we
found no evidence that it made shipments of the subject merchandise
during the POR. Therefore, for entries of subject merchandise exported
by Ever Rich, antidumping duties shall be assessed at the PRC-Wide rate
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with Department practice and 19 CFR
351.212(c)(2). See Notice of Final Results and Final Rescission, In
Part of Antidumping Administrative Review: Honey from the People's
Republic of China, 70 FR 38873, 38881 (July 6, 2005). Lastly, for all
shipments of subject merchandise exported by Trans-High and imported by
companies other than those identified by Trans-High as its customers/
importers in this administrative review, antidumping duties shall be
assessed at the PRC-Wide rate required at the time of entry,
[[Page 34441]]
or withdrawal from warehouse, for consumption, in accordance with
Department practice and 19 CFR 351.212(c)(2). Id at 3888.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters
listed above, the cash deposit rate will be established in these final
results of review (except, if the rate is zero or de minimis, i.e.,
less than 0.5 percent, no 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 376.67 percent; 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 exporters that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
The following cash deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of subject merchandise from Qingdao Camel, Qingdao Saturn,
XuZhou and Longtai 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 subject merchandise exported by
Qingdao Camel, Qingdao Saturn, XuZhou and Longtai and produced by their
respective suppliers listed above, the cash-deposit rate will be that
established in these final results of new shipper reviews; (2) for
subject merchandise exported by Qingdao Camel, Qingdao Saturn, XuZhou
and Longtai but not manufactured by their respective suppliers, the
cash deposit rate will continue to be the PRC-wide rate (i.e., 376.67
percent); and (3) for subject merchandise exported by QXF, the cash
deposit rate will be the PRC-wide rate (i.e., 376.67 percent).
Notification of Interested Parties
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 the review period. Pursuant to 19 CFR
351.402(f)(3), failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative protective order itself. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This notice of final results of this administrative review and new
shipper reviews are issued and published in accordance with sections
751(a)(2)(C) and 777(i) of the Act and 19 CFR 351.221(b)(5) and
351.214(j).
Dated: June 11, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretaryfor Import Administration.
Appendix I
Comment 1: Intermediate Methodology
Comment 2: Garlic Bulb Surrogate Value
A. Product Specificity
B. Broad Market Average
C. Public Availability
D. Contemporaneity
E. Tax and Duty Exclusivity
Comment 3: Surrogate Financial Companies
Comment 4: Surrogate Value for Labor
Comment 5: Carton Surrogate Value
Comment 6: Inclusion of Packing Weight in Movement Expenses
Comment 7: Brokerage and Handling Surrogate Value
Comment 8: Water Surrogate Value
Comment 9: By-Product Offset
Comment 10: Application of Packaging Materials in the Calculation of
Normal Value
Comment 11: Shangyang Freezing's Polyethylene and Polyester Surrogate
Values
Comment 12: Dongyun's Section C Database
Comment 13: Dongyun's Yield Loss
[FR Doc. E7-12031 Filed 6-21-07; 8:45 am]
BILLING CODE 3510-DS-S
