Fresh Garlic From the People's Republic of China: Final Results of New Shipper Review, 61130-61132 [2010-24833]

Download as PDF 61130 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices entries during the period of review. 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. See 19 CFR 351.402(f)(3). Notification Regarding APO This notice also serves as a reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO as explained in the APO itself. See also 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: September 27, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–24837 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–831] Fresh Garlic From the People’s Republic of China: Final Results of New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting a new shipper review (NSR) of Qingdao Sealine Trading Co. Ltd. (Qingdao Sea-line) under the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) covering the period of review (POR) of November 1, 2008 through April 30, 2009. As discussed below, we determine that a sale has been made in the United States at a price below normal value (NV) with respect to Qingdao Sea-line, an exporter who participated fully and demonstrated its eligibility for separate rate. See Fresh Garlic From the People’s Republic of China: Preliminary Results of New Shipper Review, 75 FR 24578 (May 5, 2010) (Preliminary Results). We jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 are continuing to find Qingdao Sealine’s sale to be bona fide for the final results of this review. We intend to instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the POR for which importerspecific assessment rates are above de minimis. DATES: Effective Date: October 4, 2010. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0780. SUPPLEMENTARY INFORMATION: Background On May 5, 2010, the Department published in the Federal Register the preliminary results of the NSR of the antidumping duty order on fresh garlic from the PRC. See Preliminary Results. Since the Preliminary Results, the following events have occurred. On May 21, 2010, the Department extended the deadline for filing case briefs. See Letter from the Department to All Interested Parties (May 21, 2010). On July 19, 2010, Qingdao Sea-line submitted a document on the record of this review that contained new factual information within the meaning of 19 CFR 351.301(b)(4) and 19 CFR 351.301 (c)(1). As a result, on July 23, 2010, the Department issued a letter to Qingdao Sea-line rejecting its July 19, 2010 submission. Also on July 23, 2010, the Department notified the parties of the briefing schedule for the final results. See Memorandum to the File, Antidumping Duty New Shipper Review of Fresh Garlic From the People’s Republic of China: Briefing Schedule (July 23, 2010). On August 6, 2010, Qingdao Sea-line timely submitted its case brief and requested a hearing. On August 16, 2010, Petitioners 1 timely submitted their rebuttal brief. On August 27, 2010, the Department placed on the record a memorandum indicating that, pursuant to a telephone discussion, Qingdao Sea-line was withdrawing its request for a hearing. See Memorandum to the File, Antidumping Duty New Shipper Review of Fresh Garlic From the People’s Republic of China: Canceled Hearing Request (August 27, 2010). 1 The Fresh Garlic Producers Association: Christopher Ranch L.L.C., the Garlic Company, Valley Garlic, and Vessey and Company, Inc. (collectively, Petitioners). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 On September 3, 2010, as a result of the recent decision issued by the Court of Appeals for the Federal Circuit’s (CAFC) ruling in Dorbest Limited et al. v. United States, 604 F.3d 1363 (Fed. Cir. 2010) (Dorbest), the Department placed a memorandum on the record regarding its reconsideration of its valuation of the labor wage rate for this review. The Department gave interested parties until September 15, 2010 to comment specifically to the proposed labor wage rate methodology. See Memorandum to the File, Fresh Garlic from the People’s Republic of China: Wage Rate Data (September 3, 2010). The Department received no comments. Scope of the Order The products covered by this 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 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. Analysis of Comments Received Issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Memorandum from Susan Kuhbach, Acting Deputy E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Assistant Secretary for Import Administration, To Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, Fresh Garlic from the People’s Republic of China: Issues and Decision Memorandum of Qingdao Sea-line Trading Co. Ltd. (September 24, 2010) (Issues and Decision Memorandum), which is hereby adopted by this notice. Parties can find a complete discussion of the issues raised in this NSR and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, Room 1117 of the main Department building. In addition, a copy of the Issues and Decision Memorandum can be accessed directly on our Web site at http:// www.trade.go/ia/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Bona Fides Analysis While conducting a review, particularly a review where a company’s margin would be based on a single sale, the Department examines price, quantity, and other circumstances associated with the sale under review, to determine if the sale was based on normal commercial considerations and presents an accurate representation of the company’s normal business practices. If the Department determines that the price was not based on normal commercial considerations or is atypical of the respondent’s normal business practices, including other sales of comparable merchandise, the sale may be considered non-bona fide. In the Preliminary Results, the Department preliminarily found that Qingdao Sea-line’s single POR sale was made on a bona fide basis. Based on our analysis of additional information placed on the record by Petitioners that we did not examine for the Preliminary Results, as well as comments made by interested parties, the Department continues to find that Qingdao Sealine’s sale was a bona fide sale. For a more detailed discussion of this analysis, please see the Department’s accompanying Issues and Decision Memorandum. Surrogate Country Since the Preliminary Results, no interested party has commented on the selection of India as the surrogate country. Therefore, we continue to determine that India is the appropriate surrogate country for the final results of this NSR. Separate Rates The Department found in the Preliminary Results that Qingdao Sealine demonstrated a lack of de jure and de facto government control with respect to its export activities, and preliminarily determined that it was eligible for a separate rate. No information has been placed on the record of this proceeding since the Preliminary Results to contradict our preliminary separate-rate determination. Therefore, for the final results, we continue to determine that Qingdao Sealine is eligible for a separate rate. Changes Since the Preliminary Results Based on our analysis of information on the record of this review, and comments received from the interested parties, we have made changes to the surrogate values for garlic bulbs. In the Preliminary Results, the Department stated that it would subtract seven 61131 percent from the value of the average of Super-A grade garlic, in accordance with the fees noted by the Azapdur APMC price data used by the Department. See Preliminary Results of the 2008–2009 New Shipper Review of Fresh Garlic from the People’s Republic of China: Surrogate Values (April 27, 2010) at 3. However, the Department instead used the average value inclusive of the seven percent. Therefore, for these final results, the Department is using the value for Super-A grade garlic, minus the seven percent in fees, as the surrogate value for garlic bulbs. See Issues and Decision Memorandum at Issue 2. In addition, the Department has changed its wage rate calculation methodology for these final results. As a consequence of the CAFC ruling in Dorbest, the Department is no longer relying on the regression-based wage rate described in 19 CFR 351.408(c)(3). The Department is continuing to evaluate options for determining labor values in light of the recent CAFC decision. For these final results, we have calculated an hourly wage rate to use in valuing Qingdao Sea-line’s reported labor input by averaging earnings and/or wages in countries that are economically comparable to the PRC and that are significant producers of comparable merchandise. The Issues and Decision Memorandum contains a more detailed explanation of this new methodology. See Issues and Decision Memorandum at Issue 5. Final Results of New Shipper Review As a result of our review, we determine that the following margin exists for the period November 1, 2008 through April 30, 2009: FRESH GARLIC FROM THE PRC 11/1/2008–4/30/2009 New shipper review WeightedAverage Margin(dollars per kilogram) Exporter/manufacturer Exported by Qingdao Sea-line Trade Co. Ltd. and Produced by Jinxiang County Juxingyuan Trading Co., Ltd ............................. jlentini on DSKJ8SOYB1PROD with NOTICES Disclosure We will disclose the calculations used in our analysis to parties to these proceedings within five days of the date of publication of this notice. See 19 CFR 351.224(b). Assessment Rates Consistent with the final results of the 14th administrative review (AR), we will direct CBP to assess an importer- VerDate Mar<15>2010 18:22 Oct 01, 2010 Jkt 223001 specific assessment rate 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 and Partial Rescission of the 14th Antidumping Duty Administrative, 75 FR 34976, (June 21, 2010) (14th AR). Therefore, the Department will determine, and CBP shall assess, antidumping duties on all PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 $1.28/kg. appropriate entries pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1). The Department intends to 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 E:\FR\FM\04OCN1.SGM 04OCN1 61132 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices 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 the final results of the 14th AR, we will collect a per kilogram cash-deposit amount. The following cash deposit requirements will be effective upon publication of the final results of this review 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)(1) of the Act: (1) For subject merchandise produced by Jinxiang County Juxingyuan Trading Co., Ltd. (Juxingyuan) and exported by Qingdao Sea-line, the cash deposit rate will be the per-unit rate determined in the final results of this new shipper review; (2) for subject merchandise exported by Qingdao Sea-line but not produced by Juxingyuan, the cash deposit rate continues to be the per-unit PRC-wide rate. These requirements, when imposed, shall remain in effect until further notice. jlentini on DSKJ8SOYB1PROD with NOTICES Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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 VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 and terms of an APO is a violation which is subject to sanction. This new shipper review and notice are issued and published in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR and 351.214. Dated: September 24, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I Issue 1: The Bona Fides of Qingdao Sea-line’s Sale Issue 2: Surrogate Valuation of Garlic Bulbs Issue 3: Use of India Wholesale Price Index as Inflator for Surrogate Values Issue 4: Financial Ratios Issue 5: Wage Rates Issue 6: Cold Storage [FR Doc. 2010–24833 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails from the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 4, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that a request for a new shipper review (‘‘NSR’’) of the antidumping duty order on certain steel nails (‘‘steel nails’’) from the People’s Republic of China (‘‘PRC’’), received on August 27, 2010, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is August 1, 2009, through July 31, 2010. FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202–482–0219. SUPPLEMENTARY INFORMATION: AGENCY: Background The notice announcing the antidumping duty order on certain steel nails from the PRC was published in the Federal Register on August 1, 2008. See Notice of Antidumping Duty Order: Certain Steel Nails From the People’s Republic of China, 73 FR 44961 (August 1, 2008) (‘‘Antidumping Duty Order’’). On August 27, 2010, pursuant to section PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.214(c), the Department received a NSR request from Shanghai Colour Nail Co., Ltd. (‘‘Shanghai Colour’’). Shanghai Colour’s request was properly made during August 2010, which is the annual anniversary of the Antidumping Duty Order. Shanghai Colour certified that it is the exporter and Wuxi Colour Nail Co., Ltd. (‘‘Wuxi Colour’’) is the manufacturer of the subject merchandise upon which the request was based. Shanghai Colour also submitted a public version, which adequately summarized proprietary information and provided explanations as to why certain proprietary information is not capable of summarization. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii), Shanghai Colour certified that it did not export steel nails to the United States during the period of investigation (‘‘POI’’); and Shanghai Colour provided a certification from Wuxi Colour that it did not export subject merchandise to the United States during the POI. In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Shanghai Colour certified that, since the initiation of the investigation, it has never been affiliated with any Chinese exporter or producer who exported steel nails to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Shanghai Colour also certified that its export activities were not controlled by the central government of the PRC. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Shanghai Colour submitted documentation establishing the following: (1) the date on which Shanghai Colour first shipped steel nails for export to the United States and the date on which the steel nails were first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that Shanghai Colour’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR. The information we examined was E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61130-61132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24833]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) is conducting a new 
shipper review (NSR) of Qingdao Sea-line Trading Co. Ltd. (Qingdao Sea-
line) under the antidumping duty order on fresh garlic from the 
People's Republic of China (PRC) covering the period of review (POR) of 
November 1, 2008 through April 30, 2009. As discussed below, we 
determine that a sale has been made in the United States at a price 
below normal value (NV) with respect to Qingdao Sea-line, an exporter 
who participated fully and demonstrated its eligibility for separate 
rate. See Fresh Garlic From the People's Republic of China: Preliminary 
Results of New Shipper Review, 75 FR 24578 (May 5, 2010) (Preliminary 
Results). We are continuing to find Qingdao Sea-line's sale to be bona 
fide for the final results of this review. We intend to instruct U.S. 
Customs and Border Protection (CBP) to assess antidumping duties on 
entries of subject merchandise during the POR for which importer-
specific assessment rates are above de minimis.

DATES: Effective Date: October 4, 2010.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0780.

SUPPLEMENTARY INFORMATION: 

Background

    On May 5, 2010, the Department published in the Federal Register 
the preliminary results of the NSR of the antidumping duty order on 
fresh garlic from the PRC. See Preliminary Results. Since the 
Preliminary Results, the following events have occurred.
    On May 21, 2010, the Department extended the deadline for filing 
case briefs. See Letter from the Department to All Interested Parties 
(May 21, 2010). On July 19, 2010, Qingdao Sea-line submitted a document 
on the record of this review that contained new factual information 
within the meaning of 19 CFR 351.301(b)(4) and 19 CFR 351.301 (c)(1). 
As a result, on July 23, 2010, the Department issued a letter to 
Qingdao Sea-line rejecting its July 19, 2010 submission. Also on July 
23, 2010, the Department notified the parties of the briefing schedule 
for the final results. See Memorandum to the File, Antidumping Duty New 
Shipper Review of Fresh Garlic From the People's Republic of China: 
Briefing Schedule (July 23, 2010). On August 6, 2010, Qingdao Sea-line 
timely submitted its case brief and requested a hearing. On August 16, 
2010, Petitioners \1\ timely submitted their rebuttal brief.
---------------------------------------------------------------------------

    \1\ The Fresh Garlic Producers Association: Christopher Ranch 
L.L.C., the Garlic Company, Valley Garlic, and Vessey and Company, 
Inc. (collectively, Petitioners).
---------------------------------------------------------------------------

    On August 27, 2010, the Department placed on the record a 
memorandum indicating that, pursuant to a telephone discussion, Qingdao 
Sea-line was withdrawing its request for a hearing. See Memorandum to 
the File, Antidumping Duty New Shipper Review of Fresh Garlic From the 
People's Republic of China: Canceled Hearing Request (August 27, 2010).
    On September 3, 2010, as a result of the recent decision issued by 
the Court of Appeals for the Federal Circuit's (CAFC) ruling in Dorbest 
Limited et al. v. United States, 604 F.3d 1363 (Fed. Cir. 2010) 
(Dorbest), the Department placed a memorandum on the record regarding 
its reconsideration of its valuation of the labor wage rate for this 
review. The Department gave interested parties until September 15, 2010 
to comment specifically to the proposed labor wage rate methodology. 
See Memorandum to the File, Fresh Garlic from the People's Republic of 
China: Wage Rate Data (September 3, 2010). The Department received no 
comments.

Scope of the Order

    The products covered by this 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 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.

Analysis of Comments Received

    Issues raised in the case and rebuttal briefs by parties to this 
proceeding and to which we have responded are listed in the Appendix to 
this notice and addressed in the Memorandum from Susan Kuhbach, Acting 
Deputy

[[Page 61131]]

Assistant Secretary for Import Administration, To Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, Fresh Garlic from 
the People's Republic of China: Issues and Decision Memorandum of 
Qingdao Sea-line Trading Co. Ltd. (September 24, 2010) (Issues and 
Decision Memorandum), which is hereby adopted by this notice. Parties 
can find a complete discussion of the issues raised in this NSR and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, Room 1117 of the main Department 
building. In addition, a copy of the Issues and Decision Memorandum can 
be accessed directly on our Web site at http://www.trade.go/ia/. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content.

Bona Fides Analysis

    While conducting a review, particularly a review where a company's 
margin would be based on a single sale, the Department examines price, 
quantity, and other circumstances associated with the sale under 
review, to determine if the sale was based on normal commercial 
considerations and presents an accurate representation of the company's 
normal business practices. If the Department determines that the price 
was not based on normal commercial considerations or is atypical of the 
respondent's normal business practices, including other sales of 
comparable merchandise, the sale may be considered non-bona fide.
    In the Preliminary Results, the Department preliminarily found that 
Qingdao Sea-line's single POR sale was made on a bona fide basis. Based 
on our analysis of additional information placed on the record by 
Petitioners that we did not examine for the Preliminary Results, as 
well as comments made by interested parties, the Department continues 
to find that Qingdao Sea-line's sale was a bona fide sale. For a more 
detailed discussion of this analysis, please see the Department's 
accompanying Issues and Decision Memorandum.

Surrogate Country

    Since the Preliminary Results, no interested party has commented on 
the selection of India as the surrogate country. Therefore, we continue 
to determine that India is the appropriate surrogate country for the 
final results of this NSR.

Separate Rates

    The Department found in the Preliminary Results that Qingdao Sea-
line demonstrated a lack of de jure and de facto government control 
with respect to its export activities, and preliminarily determined 
that it was eligible for a separate rate. No information has been 
placed on the record of this proceeding since the Preliminary Results 
to contradict our preliminary separate-rate determination. Therefore, 
for the final results, we continue to determine that Qingdao Sea-line 
is eligible for a separate rate.

Changes Since the Preliminary Results

    Based on our analysis of information on the record of this review, 
and comments received from the interested parties, we have made changes 
to the surrogate values for garlic bulbs. In the Preliminary Results, 
the Department stated that it would subtract seven percent from the 
value of the average of Super-A grade garlic, in accordance with the 
fees noted by the Azapdur APMC price data used by the Department. See 
Preliminary Results of the 2008-2009 New Shipper Review of Fresh Garlic 
from the People's Republic of China: Surrogate Values (April 27, 2010) 
at 3. However, the Department instead used the average value inclusive 
of the seven percent. Therefore, for these final results, the 
Department is using the value for Super-A grade garlic, minus the seven 
percent in fees, as the surrogate value for garlic bulbs. See Issues 
and Decision Memorandum at Issue 2.
    In addition, the Department has changed its wage rate calculation 
methodology for these final results. As a consequence of the CAFC 
ruling in Dorbest, the Department is no longer relying on the 
regression-based wage rate described in 19 CFR 351.408(c)(3). The 
Department is continuing to evaluate options for determining labor 
values in light of the recent CAFC decision. For these final results, 
we have calculated an hourly wage rate to use in valuing Qingdao Sea-
line's reported labor input by averaging earnings and/or wages in 
countries that are economically comparable to the PRC and that are 
significant producers of comparable merchandise. The Issues and 
Decision Memorandum contains a more detailed explanation of this new 
methodology. See Issues and Decision Memorandum at Issue 5.

Final Results of New Shipper Review

    As a result of our review, we determine that the following margin 
exists for the period November 1, 2008 through April 30, 2009:

              Fresh Garlic From the PRC 11/1/2008-4/30/2009
------------------------------------------------------------------------
                           New shipper review
-------------------------------------------------------------------------
                                                 Weighted- Average
          Exporter/manufacturer             Margin(dollars per kilogram)
------------------------------------------------------------------------
Exported by Qingdao Sea-line Trade Co.     $1.28/kg.
 Ltd. and Produced by Jinxiang County
 Juxingyuan Trading Co., Ltd.
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations used in our analysis to parties 
to these proceedings within five days of the date of publication of 
this notice. See 19 CFR 351.224(b).

Assessment Rates

    Consistent with the final results of the 14th administrative review 
(AR), we will direct CBP to assess an importer-specific assessment rate 
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 and Partial Rescission of 
the 14th Antidumping Duty Administrative, 75 FR 34976, (June 21, 2010) 
(14th AR). Therefore, the Department will determine, and CBP shall 
assess, antidumping duties on all appropriate entries pursuant to 
section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1). The 
Department intends to 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

[[Page 61132]]

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 the final results of the 14th AR, we will collect a 
per kilogram cash-deposit amount. The following cash deposit 
requirements will be effective upon publication of the final results of 
this review 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)(1) of the Act: 
(1) For subject merchandise produced by Jinxiang County Juxingyuan 
Trading Co., Ltd. (Juxingyuan) and exported by Qingdao Sea-line, the 
cash deposit rate will be the per-unit rate determined in the final 
results of this new shipper review; (2) for subject merchandise 
exported by Qingdao Sea-line but not produced by Juxingyuan, the cash 
deposit rate continues to be the per-unit PRC-wide rate. These 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    This new shipper review and notice are issued and published in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
and 351.214.

    Dated: September 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Issue 1: The Bona Fides of Qingdao Sea-line's Sale
Issue 2: Surrogate Valuation of Garlic Bulbs
Issue 3: Use of India Wholesale Price Index as Inflator for 
Surrogate Values
Issue 4: Financial Ratios
Issue 5: Wage Rates
Issue 6: Cold Storage

[FR Doc. 2010-24833 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-P