Fresh Garlic from the People's Republic of China: Final Results and Rescission, In Part, of Twelfth New Shipper Reviews, 56550-56553 [E8-22885]
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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
thereafter. Persons interested in
attending a hearing should contact the
Department for the date and time of the
hearing.
Consistent with 19 CFR 35l.216(e), the
Department will issue the final results
of this changed circumstances review,
including the results of its analysis of
issues raised in any written comments,
no later than 270 days after the date on
which this review was initiated, or
within 45 days if all parties agree to our
preliminary finding. If final partial
revocation occurs, we will instruct U.S.
Customs and Border Protection to
terminate the suspension of liquidation
for the merchandise covered by the
revocation on the effective date of the
notice of revocation and to release any
cash deposit or bond. See 19 CFR
35l.222(g)(4). The current requirement
for a cash deposit of estimated AD
duties on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
This notice of initiation is in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216,
351.221, and 351.222.
Dated: September 18, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–22458 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–942]
Certain Kitchen Appliance Shelving
and Racks from the People’s Republic
of China: Notice of Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Scott Holland or Yasmin Nair, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1279 and (202) 482–3813,
respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
investigation of certain kitchen
appliance shelving and racks from the
People’s Republic of China. See Notice
of Initiation of Countervailing Duty
Investigation: Certain Kitchen
Appliance Shelving and Racks from the
People’s Republic of China, 73 FR 50304
(August 26, 2008). Currently, the
preliminary determination is due no
later than October 24, 2008.
Postponement of Due Date for
Preliminary Determination
On September 17, 2008, the
Department received a request from
Nashville Wire Products Inc., SSW
Holding Company, Inc., United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied–
Industrial and Service Workers
International Union, and the
International Association of Machinists
and Aerospace Workers, District Lodge
6 (Clinton, IA) (collectively, ‘‘the
petitioners’’) to postpone the
preliminary determination of the
countervailing duty investigation of
certain kitchen appliance shelving and
racks from the PRC. Under section
703(c)(1)(A) of the Tariff Act of 1930, as
amended (the Act), the Department may
extend the period for reaching a
preliminary determination in a
countervailing duty investigation until
no later than the 130th day after the date
on which the administering authority
initiates an investigation if the
petitioner makes a timely request for an
extension of the period within which
the determination must be made under
section 703(b) of the Act. In accordance
with section 351.205(e) of the
Department’s regulations, the
petitioners’ request for postponement of
the preliminary determination was
made 25 days or more before the
scheduled date of the preliminary
determination. Accordingly, we are
extending the due date for the
preliminary determination by 59 days to
no later than December 22, 2008.
This notice is issued and published
pursuant to section 703(c)(2) of the Act.
Dated: September 22, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–22886 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–DS–S
Background
On August 20, 2008, the Department
of Commerce (‘‘the Department’’)
initiated the countervailing duty
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17:35 Sep 26, 2008
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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
Rescission, In Part, of Twelfth New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
SUMMARY: On May 1, 2008, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of these new shipper
reviews, covering the period November
1, 2006, through April 30, 2007.1 See
Fresh Garlic from the People’s Republic
of China: Preliminary Results of the
12th New Shipper Reviews, 73 FR 24042
(May 1, 2008) (‘‘Preliminary Results’’).
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. Finally, after
reexamining the bona fides of Shandong
Chenhe International Trading Co., Ltd.’s
(‘‘Chenhe’’) single sale, the Department
finds that that sale is not a bona fide
transaction; therefore, for these final
results, the Department has rescinded
the review with respect to Chenhe.
FOR FURTHER INFORMATION CONTACT: Paul
Walker and Blaine Wiltse, 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–
6345, respectively.
AGENCY:
Case History
Background
The Department conducted a
verification of Chenhe from May 12–14,
2008. The Department conducted a
verification of Jining Yongjia Trade Co.,
Ltd. (‘‘Yongjia’’) and its supplier
Jinxiang County Shanfu Frozen Co. Ltd.
(‘‘Shanfu’’) from May 15–18, 2008.
On July 7, 2008, we extended the time
limit for the completion of the final
results of these reviews. See Fresh
Garlic from the People’s Republic of
China: Notice of Extension of Time
Limits for the Final Results of the
Twelfth New Shipper Reviews, 73 FR
38396 (July 7, 2008).
1 We extended the end of the period of review
(‘‘POR’’) from April 30, 2007 to May 17, 2007, to
capture entries for two respondents. See the
‘‘Expansion of the POR’’ section in the Preliminary
Results.
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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
On July 8, 2008, we received case
briefs from Yongjia, Chenhe, Hebei
Golden Bird Trading Co., Ltd. (‘‘Golden
Bird’’), Qingdao Tiantaixing Foods Co.,
Ltd. (‘‘QTF’’) and the Petitioners.2 On
July 16, 2008 we received timely
rebuttal briefs from Chenhe. On August
29, 2008, we reopened the record and
provided parties an opportunity to
comment on certain U.S. Customs and
Border Protection (‘‘CBP’’) data. On
September 3, 2008, we received a
supplemental brief from Chenhe with
regard to the CBP data, in which Chenhe
corrected the entered value of its single
POR sale. On September 4, 2008, we
received a supplemental brief from the
Petitioners with regard to the CBP data.
On September 8, 2008, we received
rebuttals to the supplemental briefs
from Chenhe and the Petitioners with
regard to the CBP data.
Analysis of Comments Received
All issues raised in the case, rebuttal,
and supplemental briefs by parties to
these reviews are addressed in the ‘‘New
Shipper Reviews of Fresh Garlic from
the People’s Republic of China: Issues
and Decision Memorandum,’’ dated
September 19, 2008, 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 1117, 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.
mstockstill on PROD1PC66 with NOTICES
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 all
Respondents.3 For the final results, we
will continue to use regression–based
wage data, but will use US $1.04 as the
revised wage for the PRC in the final
results, which continues to be based on
the reported experience of several
countries, but applies the more recent
2007 calculations, which are based on
2005 wage rate data.4 The Department
2 The Fresh Garlic Producers Association and its
individual members: Christopher Ranch LLC, the
Garlic Company, Valley Garlic and Vessey and
Company, (collectively known as the ‘‘Petitioners’’).
3 Yongjia, Chenhe, Golden Bird, QTF and
Shenzhen Greening Trading Co., Ltd.
4 See https://ia.ita.doc.gov/wages/05wages/
05wages-051608.html; see also Corrected 2007
Calculation of Expected Non-Market Economy
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16:48 Sep 26, 2008
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56551
published the 2007 Wage Rates,
notifying parties of the finalized NME
wage rates and informing parties that
those wage rates would be ‘‘in effect for
all antidumping proceedings for which
the Department’s final decision is due
after the publication of this notice.’’5
In addition, we have incorporated a
post–preliminary results clarification/
correction to the margin calculations,
with respect to mesh bags, for Yongjia,
Golden Bird, QTF and Greening. For
further details on this company–specific
change, see Issues and Decision Memo
at Comment 5 and the company–
specific analysis memoranda.
calculating a dumping margin. As
Chenhe had no other sales of subject
merchandise during the instant POR,
the Department is rescinding the new
shipper review with respect to Chenhe.
For further discussion of this issue, see
Comment 1 of the Issues and Decision
Memorandum; see also Memorandum to
James Doyle, Director, Office 9, through
Catherine Bertrand, Program Manager,
Office 9, from Blaine Wiltse, Analyst,
Regarding; Final BPI Evidence of
Shandong Chenhe International Trading
Co., Ltd.: New Shipper Review of Fresh
Garlic from the People’s Republic of
China, dated September 19, 2008.
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department found that Chenhe’s single
POR sale was made on a bona fide basis.
However, in light of the correction to
Chenhe’s entered value and the
resulting reanalysis of Chenhe’s third–
country sales, the additional CBP data
placed on the record of this review, and
the comments from the Petitioners and
Chenhe, the Department has reevaluated
the circumstances surrounding
Chenhe’s POR transaction and finds that
the sale in question is not a bona fide
transaction. In the Preliminary Results,
the Department relied on an
inappropriate HTSUS subcategory,
0703.20.0020: FRESH PEELED GARLIC,
to perform its analysis of Chenhe’s
single POR sale. For the final results, the
Department finds that the CBP quantity
and value data for imports of garlic
under the HTSUS subcategory
0703.20.0010, ‘‘GARLIC, FRESH
WHOLE BULBS’’ provides an
appropriate comparison to Chenhe’s
sale because the data is more specific to
the subject merchandise sold by
Chenhe, and thus, the Department has
analyzed the CBP data accordingly. As
a result of our analysis of the additional
CBP data and third–country sales in
comparison to Chenhe’s corrected
entered value, we have concluded that
the single sale made by Chenhe during
the POR is not a bona fide commercial
transaction based on the totality of
circumstances: (a) the high price and
low quantity of Chenhe’s single POR
sale; and, (b) other indicia of a non–
bona fide transaction. In sum, the
totality of circumstances leads the
Department to find that Chenhe’s single
POR sale is a non–bona fide commercial
transaction. Therefore, this sale does not
provide a reasonable or reliable basis for
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
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.
Wages, 73 FR 27795 (May 14, 2008) (‘‘Corrected
2007 Wages’’).
5 Corrected 2007 Wages, 73 FR at 27795
(correcting a ministerial error in the wage rate
calculation).
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Normal Value Methodology
The Department’s general policy,
consistent with section 773(c)(1) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), is to calculate normal value
(‘‘NV’’) for non–market economy
companies using the factors of
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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
production (‘‘FOP’’) 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 account 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 will
value 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’’) and accompanying
Issues and Decision Memorandum 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) and accompanying
Issues and Decision Memorandum at
Comment 1.
In the Preliminary Results, we found
that Yongjia was unable to accurately
record and substantiate the complete
costs of growing garlic based on our
analysis of the information on the
record. See Preliminary Results; see also
Memorandum to James C. Doyle,
Director, Office 9, through Catherine
Bertrand, Program Manager, Office 9
from Paul Walker, Analyst, ‘‘12th New
Shipper Review of Fresh Garlic from the
People’s Republic of China:
Intermediate Input Methodology,’’ dated
April 22, 2008 (‘‘Intermediate Product
Memo’’). 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 Yongjia for
these final results of review. Using this
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16:48 Sep 26, 2008
Jkt 214001
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 added
Yongjia’s processing costs, which were
calculated using their reported usage
rates for processing fresh garlic. In
future reviews, should a respondent be
able to 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.
We note that for the other respondents
(Golden Bird, Greening, and QTF) the
Department did not apply the
intermediate product methodology
because these respondents only
processed purchased garlic and did not
grow their own garlic. For a complete
explanation of the Department’s
analysis, and for a more detailed
analysis of these issues with respect to
Yongjia, see Intermediate Product Memo
and Issues and Decision Memo at
Comment 2.
Final Results of the New Shipper
Reviews
The Department has determined that
the following final dumping margins
exist for the period November 1, 2006,
through April 30, 2007:
Assessment Rates
Consistent with the final results of
review on the antidumping duty order
of fresh garlic from the PRC for the
period November 1, 2002, through
October 31, 2003, we will direct CBP to
assess importer–specific assessment
rates based on the resulting per–unit
(i.e., per kilogram) amount on each
entry of the subject merchandise during
the POR. See Fresh Garlic from the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, 70 FR 34082
(June 13, 2005) (‘‘Garlic 10th AR Final’’).
Therefore, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. The Department will issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the final results of this review. For
assessment purposes, we calculated
importer–specific assessment rates for
fresh garlic from the PRC. Specifically,
we divided the total dumping margins
for each importer by the total quantity
of subject merchandise sold to that
importer during the POR to calculate a
per–unit assessment amount. We will
direct CBP to assess importer–specific
assessment rates based on the resulting
per–unit (i.e., per kilogram) amount on
each entry of the subject merchandise
during the POR if any importer–specific
assessment rate calculated in the final
results of this review is above de
minimis.
Cash Deposit Requirements
Consistent with Garlic 10th AR Final
we will establish and collect a per–
FRESH GARLIC FROM THE PRC
kilogram cash- deposit amount which
will be equivalent to the company–
Weighted–
specific dumping margin published in
Average
Exporter/Manufacturer
those future reviews. Specifically, the
Margin
(Percent)
following deposit requirement will be
effective upon completion of subsequent
Exported and Produced by
review segments of this proceeding for
Shenzhen Greening Trading
all shipments of the subject
Co., Ltd. ..................................
2.12
merchandise entered, or withdrawn
Exported and Produced by
from warehouse, for consumption on or
Qingdao Tiantaixing Foods
Co., Ltd. ..................................
32.78 after the publication date of the final
results, as provided by section
Exported by Hebei Golden Bird
751(a)(2)(C) of the Act: (1) for subject
Trading Co., Ltd. and Promerchandise produced and exported by
duced by Cangshan County
Hongyang Vegetables &
QTF, produced and exported by
Foods Co., Ltd. .......................
13.83 Greening, produced by Hongyang and
Exported by Jining Yongjia
exported by Golden Bird, or produced
Trade Co., Ltd. and Produced
by Shanfu and exported by Yongjia, the
by Jinxiang County Shanfu
cash deposit rate will be the company–
Frozen Co., Ltd. ......................
18.88
specific rate shown above (except that if
the rate for a particular company is de
The Department will disclose
minimis, i.e., less than 0.5 percent, no
calculations performed for these final
cash deposit will be required for that
results to the parties within five days of company); (2) for subject merchandise
the date of publication of this notice in
exported by QTF or Greening but not
accordance with 19 CFR 351.224(b).
manufactured by QTF or Greening,
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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
respectively, for subject merchandise
exported by Golden Bird but not
manufactured by Hongyang, and for
subject merchandise exported by
Yongjia but not manufactured by
Shanfu, the cash deposit rate will
continue to be the PRC–wide rate (i.e.,
376.67 percent); and (3) for subject
merchandise manufactured by QTF or
Greening, but exported by any other
party, the cash deposit rate will be the
rate applicable to the exporter. These
cash deposit requirements will remain
in effect until further notice.
Reimbursement of Duties
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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 and
rescission, in part, of these 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).
Jkt 214001
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Extension of Time
for the Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–6478.
AGENCY:
Notification of Interested Parties
16:48 Sep 26, 2008
Appendix I
Comment 1: Bona Fide Analysis of
Chenhe’s Sale
Comment 2: Intermediate Input
Methodology
Comment 3: Surrogate Financial
Ratios
Comment 4: Garlic Bulb Surrogate
Value
Comment 5: Mesh Bags
Comment 6: Containerization
[FR Doc. E8–22885 Filed 9–26–08; 8:45 am]
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
VerDate Aug<31>2005
Dated: September 19, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Background
On June 9, 2008, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of
review for the period May 1, 2006,
through April 30, 2007. See Pure
Magnesium from the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, 73 FR 32549 (June 9, 2008). The
final results of review are currently due
no later than October 7, 2008.
Extension of Time Limits for the Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue final
results within 120 days after the date on
which the preliminary results are
published. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time period to
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56553
a maximum of 180 days. Completion of
the final results of the administrative
review within the 120-day period is not
practicable because the Department
requires additional time to analyze new
surrogate value information, to analyze
case and rebuttal briefs, and to hold a
public hearing.
Because it is not practicable to
complete this review within the time
specified under the Act, we are
extending the time period for issuing
the final results of the administrative
review to 180 days, until December 6,
2008, in accordance with section
751(a)(3)(A) of the Act. Because
December 6, 2008 falls on a Saturday,
the new deadline for the final results
will be the next business day, Monday,
December 8, 2008. We are publishing
this notice pursuant to sections 751(a)
and 777(i) of the Act.
Dated: September 19, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–22883 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–401–808]
Purified Carboxymethylcellulose from
Sweden: Notice of Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Angelica Mendoza,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–8029 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 11, 2008, the Department of
Commerce (the Department) published
in the Federal Register the notice of
opportunity to request an administrative
review of the antidumping duty order
on purified carboxymethylcellulose
(CMC) from Sweden for the period July
1, 2007, through June 30, 2008. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review, 73 FR 39948
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]]>Agencies
[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56550-56553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22885]
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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 Rescission, In Part, of Twelfth New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
SUMMARY: On May 1, 2008, the Department of Commerce (the
``Department'') published the preliminary results of these new shipper
reviews, covering the period November 1, 2006, through April 30,
2007.\1\ See Fresh Garlic from the People's Republic of China:
Preliminary Results of the 12th New Shipper Reviews, 73 FR 24042 (May
1, 2008) (``Preliminary Results''). 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. Finally, after reexamining the
bona fides of Shandong Chenhe International Trading Co., Ltd.'s
(``Chenhe'') single sale, the Department finds that that sale is not a
bona fide transaction; therefore, for these final results, the
Department has rescinded the review with respect to Chenhe.
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\1\ We extended the end of the period of review (``POR'') from
April 30, 2007 to May 17, 2007, to capture entries for two
respondents. See the ``Expansion of the POR'' section in the
Preliminary Results.
FOR FURTHER INFORMATION CONTACT: Paul Walker and Blaine Wiltse, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14\th\ Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-0413 or (202) 482-6345, respectively.
Case History
Background
The Department conducted a verification of Chenhe from May 12-14,
2008. The Department conducted a verification of Jining Yongjia Trade
Co., Ltd. (``Yongjia'') and its supplier Jinxiang County Shanfu Frozen
Co. Ltd. (``Shanfu'') from May 15-18, 2008.
On July 7, 2008, we extended the time limit for the completion of
the final results of these reviews. See Fresh Garlic from the People's
Republic of China: Notice of Extension of Time Limits for the Final
Results of the Twelfth New Shipper Reviews, 73 FR 38396 (July 7, 2008).
[[Page 56551]]
On July 8, 2008, we received case briefs from Yongjia, Chenhe,
Hebei Golden Bird Trading Co., Ltd. (``Golden Bird''), Qingdao
Tiantaixing Foods Co., Ltd. (``QTF'') and the Petitioners.\2\ On July
16, 2008 we received timely rebuttal briefs from Chenhe. On August 29,
2008, we reopened the record and provided parties an opportunity to
comment on certain U.S. Customs and Border Protection (``CBP'') data.
On September 3, 2008, we received a supplemental brief from Chenhe with
regard to the CBP data, in which Chenhe corrected the entered value of
its single POR sale. On September 4, 2008, we received a supplemental
brief from the Petitioners with regard to the CBP data. On September 8,
2008, we received rebuttals to the supplemental briefs from Chenhe and
the Petitioners with regard to the CBP data.
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\2\ The Fresh Garlic Producers Association and its individual
members: Christopher Ranch LLC, the Garlic Company, Valley Garlic
and Vessey and Company, (collectively known as the ``Petitioners'').
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Analysis of Comments Received
All issues raised in the case, rebuttal, and supplemental briefs by
parties to these reviews are addressed in the ``New Shipper Reviews of
Fresh Garlic from the People's Republic of China: Issues and Decision
Memorandum,'' dated September 19, 2008, 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 1117, 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 all Respondents.\3\ For the
final results, we will continue to use regression-based wage data, but
will use US $1.04 as the revised wage for the PRC in the final results,
which continues to be based on the reported experience of several
countries, but applies the more recent 2007 calculations, which are
based on 2005 wage rate data.\4\ The Department published the 2007 Wage
Rates, notifying parties of the finalized NME wage rates and informing
parties that those wage rates would be ``in effect for all antidumping
proceedings for which the Department's final decision is due after the
publication of this notice.''\5\
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\3\ Yongjia, Chenhe, Golden Bird, QTF and Shenzhen Greening
Trading Co., Ltd.
\4\ See https://ia.ita.doc.gov/wages/05wages/05wages-051608.html;
see also Corrected 2007 Calculation of Expected Non-Market Economy
Wages, 73 FR 27795 (May 14, 2008) (``Corrected 2007 Wages'').
\5\ Corrected 2007 Wages, 73 FR at 27795 (correcting a
ministerial error in the wage rate calculation).
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In addition, we have incorporated a post-preliminary results
clarification/correction to the margin calculations, with respect to
mesh bags, for Yongjia, Golden Bird, QTF and Greening. For further
details on this company-specific change, see Issues and Decision Memo
at Comment 5 and the company-specific analysis memoranda.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department found that Chenhe's
single POR sale was made on a bona fide basis. However, in light of the
correction to Chenhe's entered value and the resulting reanalysis of
Chenhe's third-country sales, the additional CBP data placed on the
record of this review, and the comments from the Petitioners and
Chenhe, the Department has reevaluated the circumstances surrounding
Chenhe's POR transaction and finds that the sale in question is not a
bona fide transaction. In the Preliminary Results, the Department
relied on an inappropriate HTSUS subcategory, 0703.20.0020: FRESH
PEELED GARLIC, to perform its analysis of Chenhe's single POR sale. For
the final results, the Department finds that the CBP quantity and value
data for imports of garlic under the HTSUS subcategory 0703.20.0010,
``GARLIC, FRESH WHOLE BULBS'' provides an appropriate comparison to
Chenhe's sale because the data is more specific to the subject
merchandise sold by Chenhe, and thus, the Department has analyzed the
CBP data accordingly. As a result of our analysis of the additional CBP
data and third-country sales in comparison to Chenhe's corrected
entered value, we have concluded that the single sale made by Chenhe
during the POR is not a bona fide commercial transaction based on the
totality of circumstances: (a) the high price and low quantity of
Chenhe's single POR sale; and, (b) other indicia of a non-bona fide
transaction. In sum, the totality of circumstances leads the Department
to find that Chenhe's single POR sale is a non-bona fide commercial
transaction. Therefore, this sale does not provide a reasonable or
reliable basis for calculating a dumping margin. As Chenhe had no other
sales of subject merchandise during the instant POR, the Department is
rescinding the new shipper review with respect to Chenhe. For further
discussion of this issue, see Comment 1 of the Issues and Decision
Memorandum; see also Memorandum to James Doyle, Director, Office 9,
through Catherine Bertrand, Program Manager, Office 9, from Blaine
Wiltse, Analyst, Regarding; Final BPI Evidence of Shandong Chenhe
International Trading Co., Ltd.: New Shipper Review of Fresh Garlic
from the People's Republic of China, dated September 19, 2008.
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 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.
Normal Value Methodology
The Department's general policy, consistent with section 773(c)(1)
of the Tariff Act of 1930, as amended (the ``Act''), is to calculate
normal value (``NV'') for non-market economy companies using the
factors of
[[Page 56552]]
production (``FOP'') 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 account 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 will value 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'') and
accompanying Issues and Decision Memorandum 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) and accompanying Issues and Decision Memorandum at Comment 1.
In the Preliminary Results, we found that Yongjia was unable to
accurately record and substantiate the complete costs of growing garlic
based on our analysis of the information on the record. See Preliminary
Results; see also Memorandum to James C. Doyle, Director, Office 9,
through Catherine Bertrand, Program Manager, Office 9 from Paul Walker,
Analyst, ``12\th\ New Shipper Review of Fresh Garlic from the People's
Republic of China: Intermediate Input Methodology,'' dated April 22,
2008 (``Intermediate Product Memo''). 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 Yongjia 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
added Yongjia's processing costs, which were calculated using their
reported usage rates for processing fresh garlic. In future reviews,
should a respondent be able to 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.
We note that for the other respondents (Golden Bird, Greening, and
QTF) the Department did not apply the intermediate product methodology
because these respondents only processed purchased garlic and did not
grow their own garlic. For a complete explanation of the Department's
analysis, and for a more detailed analysis of these issues with respect
to Yongjia, see Intermediate Product Memo and Issues and Decision Memo
at Comment 2.
Final Results of the New Shipper Reviews
The Department has determined that the following final dumping
margins exist for the period November 1, 2006, through April 30, 2007:
Fresh Garlic from the PRC
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Weighted-
Exporter/Manufacturer Average Margin
(Percent)
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Exported and Produced by Shenzhen Greening Trading Co., 2.12
Ltd...................................................
Exported and Produced by Qingdao Tiantaixing Foods Co., 32.78
Ltd...................................................
Exported by Hebei Golden Bird Trading Co., Ltd. and 13.83
Produced by Cangshan County Hongyang Vegetables &
Foods Co., Ltd........................................
Exported by Jining Yongjia Trade Co., Ltd. and Produced 18.88
by Jinxiang County Shanfu Frozen Co., Ltd.............
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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
Consistent with the final results of review on the antidumping duty
order of fresh garlic from the PRC for the period November 1, 2002,
through October 31, 2003, we will direct CBP to assess importer-
specific assessment rates based on the resulting per-unit (i.e., per
kilogram) amount on each entry of the subject merchandise during the
POR. See Fresh Garlic from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review, 70 FR 34082 (June
13, 2005) (``Garlic 10\th\ AR Final''). Therefore, the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries. The Department will issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of this
review. For assessment purposes, we calculated importer-specific
assessment rates for fresh garlic from the PRC. Specifically, we
divided the total dumping margins for each importer by the total
quantity of subject merchandise sold to that importer during the POR to
calculate a per-unit assessment amount. We will direct CBP to assess
importer-specific assessment rates based on the resulting per-unit
(i.e., per kilogram) amount on each entry of the subject merchandise
during the POR if any importer-specific assessment rate calculated in
the final results of this review is above de minimis.
Cash Deposit Requirements
Consistent with Garlic 10\th\ AR Final we will establish and
collect a per-kilogram cash- deposit amount which will be equivalent to
the company-specific dumping margin published in those future reviews.
Specifically, the following deposit requirement will be effective upon
completion of subsequent review segments of this proceeding for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results, as provided by section 751(a)(2)(C) of the Act: (1) for
subject merchandise produced and exported by QTF, produced and exported
by Greening, produced by Hongyang and exported by Golden Bird, or
produced by Shanfu and exported by Yongjia, the cash deposit rate will
be the company-specific rate shown above (except that if the rate for a
particular company is de minimis, i.e., less than 0.5 percent, no cash
deposit will be required for that company); (2) for subject merchandise
exported by QTF or Greening but not manufactured by QTF or Greening,
[[Page 56553]]
respectively, for subject merchandise exported by Golden Bird but not
manufactured by Hongyang, and for subject merchandise exported by
Yongjia but not manufactured by Shanfu, the cash deposit rate will
continue to be the PRC-wide rate (i.e., 376.67 percent); and (3) for
subject merchandise manufactured by QTF or Greening, but exported by
any other party, the cash deposit rate will be the rate applicable to
the exporter. These cash deposit requirements will remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
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 and rescission, in part, of these 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).
Dated: September 19, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Bona Fide Analysis of Chenhe's Sale
Comment 2: Intermediate Input Methodology
Comment 3: Surrogate Financial Ratios
Comment 4: Garlic Bulb Surrogate Value
Comment 5: Mesh Bags
Comment 6: Containerization
[FR Doc. E8-22885 Filed 9-26-08; 8:45 am]
BILLING CODE 3510-DS-S
