Fresh Garlic From the People's Republic of China: Final Rescission of New Shipper Reviews of Jining Yifa Garlic Produce Co., Ltd., Shenzhen Bainong Co., Ltd., and Yantai Jinyan Trading Inc., 52315-52317 [2011-21377]
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Rescission of
New Shipper Reviews of Jining Yifa
Garlic Produce Co., Ltd., Shenzhen
Bainong Co., Ltd., and Yantai Jinyan
Trading Inc.
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 3, 2011, the
Department of Commerce (Department)
published a preliminary intent to
rescind the new shipper reviews (NSRs)
of fresh garlic from the People’s
Republic of China (PRC) covering the
period of review (POR) November 1,
2009, through April 30, 2010, for Jining
Yifa Garlic Produce Co., Ltd. (Jining
Yifa) and Shenzhen Bainong Co., Ltd.
(Shenzhen Bainong) and November 1,
2009, through May 31, 2010, for Yantai
Jinyan Trading Inc. (Yantai Jinyan). See
Fresh Garlic From the People’s Republic
of China: Preliminary Intent To Rescind
New Shipper Reviews, 76 FR 24857
(May 3, 2011) (Preliminary Intent to
Rescind). The Department preliminarily
found that Jining Yifa’s and Shenzhen
Bainong’s sales were not bona fide. The
Department preliminarily found that
Yantai Jinyan was not entitled to an
NSR.
The Department continues to find that
the U.S. sales of subject merchandise
exported by Jining Yifa and Shenzhen
Bainong during the POR were not bona
fide and is rescinding the NSRs of Jining
Yifa and Shenzhen Bainong. After
analyzing the comments submitted by
parties with respect to Yantai Jinyan,
the Department continues to find that
Yantai Jinyan was not entitled to an
NSR. Therefore, the Department is
rescinding Yantai Jinyan’s NSR.
DATES: Effective Date: August 22, 2011.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, Milton Koch, or
Justin Neuman, 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)
482–5255, (202) 482–2584, and (202)
482–0486, respectively.
SUPPLEMENTARY INFORMATION:
jlentini on DSK4TPTVN1PROD with NOTICES
AGENCY:
Background
Since the Department issued the
Preliminary Intent to Rescind, the
following events have occurred with
respect to Jining Yifa, Shenzhen
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17:16 Aug 19, 2011
Jkt 223001
Bainong, and Yantai Jinyan. On May 16,
2011, the Department issued a
supplemental questionnaire to Jining
Yifa. On May 18, 2011, Jining Yifa
informed the Department that it would
not respond to the supplemental
questionnaire. On May 19, 2011, the
Department issued a supplemental
questionnaire to Shenzhen Bainong. On
June 9, 2011, Shenzhen Bainong filed its
response to our supplemental
questionnaire. No parties filed case
briefs with respect to Jining Yifa. Yantai
Jinyan and Shenzhen Bainong timely
filed case briefs. The Fresh Garlic
Producers Association and its
individual Members, Christopher Ranch
LLC, The Garlic Company, Valley
Garlic, and Vessey and Company
(collectively, Petitioners) timely filed
rebuttal briefs separately addressing the
parties’ case briefs.
Scope of the Order
The products covered by the 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 the 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 the
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 U.S.
Customs and Border Protection (CBP) to
that effect.
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Fmt 4703
Sfmt 4703
52315
Final Rescission of NSR: Jining Yifa
In the Preliminary Intent to Rescind,
the Department analyzed the bona fides
of Jining Yifa’s sales, and preliminarily
found Jining Yifa’s sales to the United
States to be not bona fide. In the
Preliminary Intent to Rescind, we stated
that we would continue to gather
information with respect to this issue.
The Department subsequently issued a
supplemental questionnaire to Jining
Yifa; in response, Jining Yifa provided
a letter explaining that it would not
respond. No party submitted briefs
regarding Jining Yifa.
Absent any new information on the
record or arguments regarding Jining
Yifa and the Preliminary Intent to
Rescind, the Department continues to
find that the sales by Jining Yifa are not
bona fide; therefore, these sales do not
provide a reasonable or reliable basis for
calculating a dumping margin. Thus, the
Department is rescinding the NSR of
Jining Yifa.
Final Rescission of NSR: Shenzhen
Bainong
In the Preliminary Intent to Rescind,
the Department analyzed the bona fides
of Shenzhen Bainong’s sales and
preliminarily found Shenzhen
Bainong’s sales to the United States to
be not bona fide. In the Preliminary
Intent to Rescind, we stated that we
would continue to gather information
with respect to this issue. The
Department subsequently issued a
supplemental questionnaire to
Shenzhen Bainong, to which Shenzhen
Bainong responded. Shenzhen Bainong
filed a case brief and Petitioners filed a
rebuttal brief. The Department has
analyzed Shenzhen Bainong’s
supplemental questionnaire response
and the case and rebuttal briefs. We
continue to find that Shenzhen
Bainong’s sale is not bona fide and does
not provide a reasonable or reliable
basis for calculating a dumping margin.
Thus we are rescinding the NSR for
Shenzhen Bainong.
Final Rescission of NSR: Yantai Jinyan
As noted above, the Department
received a case brief and a rebuttal brief
from Yantai Jinyan and Petitioners,
respectively. In the Preliminary Intent to
Rescind, the Department stated that its
decision to initiate the NSR and to
extend the POR was based on the
information provided by Yantai Jinyan
in its request for an NSR. The
Department reached a preliminary
decision to rescind the NSR of Yantai
Jinyan because the Department found
that Yantai Jinyan’s request for review
contained a misrepresentation regarding
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
the timing of the sale at issue. The
Department continues to find that
Yantai Jinyan’s request for an NSR did
not meet the minimum requirements for
an NSR under 19 CFR
351.214(b)(2)(iv)(C). Specifically, the
sale that Yantai Jinyan certified in its
request as the first sale to an unaffiliated
customer in the United States was later
identified by Yantai Jinyan as a sale to
an affiliated customer. In order to
qualify for an NSR under 19 CFR
351.214, a company must certify and
document, among other things, the date
of the first sale to an unaffiliated
customer in the United States. Once all
the facts surrounding the transaction
were established, it became clear that
Yantai Jinyan did not have a sale or
entry during the standard POR; as such,
there was in fact no basis upon which
to initiate an NSR. Consequently, we
preliminarily determined that the
Department’s decision to initiate the
NSR of Yantai Jinyan was based on
inaccurate information provided by
Yantai Jinyan. See Preliminary Intent to
Rescind, 76 FR at 24858. After analyzing
Yantai Jinyan’s case brief and
Petitioners’ rebuttal brief, the
Department continues to find that
Yantai Jinyan’s request for an NSR did
not meet the requirements for initiation.
As such, it is appropriate to rescind the
NSR of Yantai Jinyan.
The Department is currently
conducting an antidumping duty
administrative review for the POR
November 1, 2009, through October 31,
2010, to which Yantai Jinyan is subject.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 75 FR 81565, 81569 (December 28,
2010). As indicated in the Preliminary
Intent to Rescind, the Department has
moved Yantai Jinyan’s separate rate
application from the record of this NSR
to the record of the 2009–2010
administrative review, and will consider
it in the context of the administrative
review. See ‘‘Memorandum from
Jacqueline Arrowsmith to the File
through Dana S. Mermelstein, Program
Manager, AD/CVD Operations 6,
Moving Yantai Jinyan’s Separate Rates
Application to the November 1, 2009
through October 31, 2010 (16th)
Administrative Review,’’ dated
concurrently with this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
‘‘Memorandum to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
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17:16 Aug 19, 2011
Jkt 223001
Operations, Issues and Decision
Memorandum: Fresh Garlic from the
People’s Republic of China; Final
Rescission of New Shipper Reviews of
Jining Yifa Garlic Produce Co. Ltd.,
Shenzhen Bainong Co., Ltd., and Yantai
Jinyan Trading Inc.’’ (Decision
Memorandum), dated concurrently with
this notice and hereby adopted by this
notice. A list of the issues raised in the
briefs and addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is a
public document on file in the Central
Records Unit (CRU) main Commerce
building, Room 7046, and is also
accessible directly on the Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
The Department has made the transition
to an electronic filing system, IA
ACCESS; CRU will continue to maintain
the official record in paper form for
those documents that were filed prior to
the implementation of IA ACCESS. See
Antidumping and Countervailing Duty
Proceedings: Electronic Filing
Procedures; Administrative Protective
Order Procedures, 76 FR 39263, 39264
(July 6, 2011).
Cash Deposit Requirements
Effective upon publication of the final
rescission of the NSRs of Jining Yifa,
Shenzhen Bainong, and Yantai Jinyan,
the Department will instruct CBP to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise by Jining
Yifa, Shenzhen Bainong, and Yantai
Jinyan. Cash deposits will be required
for exports of subject merchandise by
Jining Yifa, Shenzhen Bainong, and
Yantai Jinyan entered, or withdrawn
from warehouse, for consumption on or
after the publication date at the per-unit
PRC-wide rate, $4.71 per kilogram.
Assessment Instructions
As a result of the rescission of the
NSR of Jining Yifa and Shenzhen
Bainong, the entries of subject
merchandise by Jining Yifa and
Shenzhen Bainong covered by these
NSRs will be assessed at the PRC-wide
rate. Because these entries are also
covered by the POR of the 2009–2010
administrative review currently being
conducted (see Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 75 FR 81565), we
will issue liquidation instructions for
Jining Yifa’s and Shenzhen Bainong’s
entries upon completion of the
administrative review. Upon completion
of the administrative review, the
Department will instruct CBP to assess
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Frm 00014
Fmt 4703
Sfmt 4703
antidumping duties on entries for Jining
Yifa and Shenzhen Bainong at the PRCwide rate pursuant to the final results of
the 2009–2010 administrative review.
In addition, the Department has
moved Yantai Jinyan’s separate rate
application from the record of this NSR
to the record of the 2009–2010
administrative review, and, during the
course of the administrative review, the
Department will evaluate whether
Yantai Jinyan’s separate rate application
establishes its eligibility for a separate
rate. Upon completion of the
administrative review, the Department
will instruct CBP to assess antidumping
duties on entries of subject merchandise
by Yantai Jinyan now covered by the
administrative review, at the
appropriate rate pursuant to the final
results of the 2009–2010 administrative
review.
Notification to Importers
This notice serves as a 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.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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 is issued and published in
accordance with sections 751(a)(2)(B)
and 777(i) of the Tariff Act of 1930, as
amended, and 19 CFR 351.214.
Dated: August 15, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I—List of Issues Addressed
in the Decision Memorandum
Comment 1: Whether Yantai Jinyan’s NSR
Request Satisfied the Requirements for
Initiation
Comment 2: Whether Yantai Jinyan Made
Inaccurate Representations in Its NSR
Request
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
Comment 3: Whether Yantai Jinyan’s Sale to
Its Unaffiliated Customer Should Be
Reviewed Because the POR Was Expanded
Comment 4: Whether the Department Has the
Discretion To Continue Yantai Jinyan’s
NSR or Initiate Another NSR
Comment 5: Yantai Jinyan’s Cash Deposit
and Assessment Rate
Comment 6: Whether the Department’s
Authority To Rescind Shenzhen Bainong’s
New Shipper Review Is Limited to a Sale
That Is Unrepresentative and Extremely
Distortive
Comment 7: Whether the Pricing of
Shenzhen Bainong’s Sale Is Commercially
Reasonable
Comment 8: Whether the Quantity of
Shenzhen Bainong’s Sale Is Commercially
Reasonable
Comment 9: Whether the Department’s
Concerns Regarding Shenzhen Bainong’s
Importer as Legitimate Ongoing Business
Concern Are Justified
Comment 10: Whether Shenzhen Bainong’s
Importer Behaved in a Commercially
Reasonable Manner
[FR Doc. 2011–21377 Filed 8–19–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Proposed Information Collection;
Comment Request; Northwest Region
Vessel Identification Requirements
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before October 21,
2011.
SUMMARY:
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Becky Renko, (206) 526–
6110 or becky.renko@noaa.gov.
SUPPLEMENTARY INFORMATION:
jlentini on DSK4TPTVN1PROD with NOTICES
VerDate Mar<15>2010
17:16 Aug 19, 2011
Jkt 223001
The success of fisheries management
programs depends significantly on
regulatory compliance. The vessel
identification requirement is essential to
facilitate enforcement. The ability to
link fishing or other activity to the
vessel owner or operator is crucial to
enforcement of regulations issued under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. A vessel’s official number is
required to be displayed on the port and
starboard sides of the deckhouse or hull,
and on a weather deck. It identifies each
vessel and should be visible at distances
at sea and in the air. Vessels that qualify
for particular fisheries are readily
identified, gear violations are more
readily prosecuted, and this allows for
more cost-effective enforcement.
Cooperating fishermen also use the
number to report suspicious activities
that they observe. Regulation-compliant
fishermen ultimately benefit as
unauthorized and illegal fishing is
deterred and more burdensome
regulations are avoided.
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: August 16, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–21309 Filed 8–19–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA641
Marine Mammals; File No. 16553
Correction
Fishing vessel owners physically
mark vessel with identification numbers
in three locations per vessel.
In notice document 2011–21001
appearing on page 51002 in the issue of
August 17, 2011, make the following
correction:
On page 51002, in the second column,
under the DATES heading, in the third
line, ‘‘August 17, 2011’’ should read
‘‘September 16, 2011’’.
III. Data
[FR Doc. C1–2011–21001 Filed 8–19–11; 8:45 am]
OMB Control Number: 0648–0355.
Form Number: None.
Type of Review: Regular submission
(extension of a currently approved
information collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
1,693.
Estimated Time per Response: 45
minutes (15 minutes per marking).
Estimated Total Annual Burden
Hours: 1,247.
Estimated Total Annual Cost to
Public: $66,520 in recordkeeping/
reporting costs.
BILLING CODE 1505–01–D
II. Method of Collection
National Oceanic and Atmospheric
Administration
ADDRESSES:
I. Abstract
52317
IV. Request for Comments
Frm 00015
Fmt 4703
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National Oceanic and Atmospheric
Administration
RIN 0648–XA647
Endangered and Threatened Species;
Recovery Plans
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of Availability.
AGENCY:
The National Marine
Fisheries Service (NMFS) announces the
adoption of an Endangered Species Act
(ESA) recovery plan for the Upper
Willamette Chinook salmon
(Oncorhynchus tshawytscha)
Evolutionarily Significant Unit (ESU)
and the Upper Willamette River
steelhead (Oncorhynchus mykiss)
Distinct Population Segment (DPS),
which spawn and rear in tributaries to
the Willamette River in western Oregon.
The Final Upper Willamette River
Conservation and Recovery Plan for
Chinook Salmon and Steelhead (Final
Recovery Plan) and our summary of and
SUMMARY:
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
PO 00000
DEPARTMENT OF COMMERCE
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]]>Agencies
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52315-52317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21377]
[[Page 52315]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final
Rescission of New Shipper Reviews of Jining Yifa Garlic Produce Co.,
Ltd., Shenzhen Bainong Co., Ltd., and Yantai Jinyan Trading Inc.
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 3, 2011, the Department of Commerce (Department)
published a preliminary intent to rescind the new shipper reviews
(NSRs) of fresh garlic from the People's Republic of China (PRC)
covering the period of review (POR) November 1, 2009, through April 30,
2010, for Jining Yifa Garlic Produce Co., Ltd. (Jining Yifa) and
Shenzhen Bainong Co., Ltd. (Shenzhen Bainong) and November 1, 2009,
through May 31, 2010, for Yantai Jinyan Trading Inc. (Yantai Jinyan).
See Fresh Garlic From the People's Republic of China: Preliminary
Intent To Rescind New Shipper Reviews, 76 FR 24857 (May 3, 2011)
(Preliminary Intent to Rescind). The Department preliminarily found
that Jining Yifa's and Shenzhen Bainong's sales were not bona fide. The
Department preliminarily found that Yantai Jinyan was not entitled to
an NSR.
The Department continues to find that the U.S. sales of subject
merchandise exported by Jining Yifa and Shenzhen Bainong during the POR
were not bona fide and is rescinding the NSRs of Jining Yifa and
Shenzhen Bainong. After analyzing the comments submitted by parties
with respect to Yantai Jinyan, the Department continues to find that
Yantai Jinyan was not entitled to an NSR. Therefore, the Department is
rescinding Yantai Jinyan's NSR.
DATES: Effective Date: August 22, 2011.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Milton Koch, or
Justin Neuman, 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) 482-5255, (202) 482-2584, and (202) 482-0486, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the Department issued the Preliminary Intent to Rescind, the
following events have occurred with respect to Jining Yifa, Shenzhen
Bainong, and Yantai Jinyan. On May 16, 2011, the Department issued a
supplemental questionnaire to Jining Yifa. On May 18, 2011, Jining Yifa
informed the Department that it would not respond to the supplemental
questionnaire. On May 19, 2011, the Department issued a supplemental
questionnaire to Shenzhen Bainong. On June 9, 2011, Shenzhen Bainong
filed its response to our supplemental questionnaire. No parties filed
case briefs with respect to Jining Yifa. Yantai Jinyan and Shenzhen
Bainong timely filed case briefs. The Fresh Garlic Producers
Association and its individual Members, Christopher Ranch LLC, The
Garlic Company, Valley Garlic, and Vessey and Company (collectively,
Petitioners) timely filed rebuttal briefs separately addressing the
parties' case briefs.
Scope of the Order
The products covered by the 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
the 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 the 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 U.S. Customs and Border Protection (CBP) to that
effect.
Final Rescission of NSR: Jining Yifa
In the Preliminary Intent to Rescind, the Department analyzed the
bona fides of Jining Yifa's sales, and preliminarily found Jining
Yifa's sales to the United States to be not bona fide. In the
Preliminary Intent to Rescind, we stated that we would continue to
gather information with respect to this issue. The Department
subsequently issued a supplemental questionnaire to Jining Yifa; in
response, Jining Yifa provided a letter explaining that it would not
respond. No party submitted briefs regarding Jining Yifa.
Absent any new information on the record or arguments regarding
Jining Yifa and the Preliminary Intent to Rescind, the Department
continues to find that the sales by Jining Yifa are not bona fide;
therefore, these sales do not provide a reasonable or reliable basis
for calculating a dumping margin. Thus, the Department is rescinding
the NSR of Jining Yifa.
Final Rescission of NSR: Shenzhen Bainong
In the Preliminary Intent to Rescind, the Department analyzed the
bona fides of Shenzhen Bainong's sales and preliminarily found Shenzhen
Bainong's sales to the United States to be not bona fide. In the
Preliminary Intent to Rescind, we stated that we would continue to
gather information with respect to this issue. The Department
subsequently issued a supplemental questionnaire to Shenzhen Bainong,
to which Shenzhen Bainong responded. Shenzhen Bainong filed a case
brief and Petitioners filed a rebuttal brief. The Department has
analyzed Shenzhen Bainong's supplemental questionnaire response and the
case and rebuttal briefs. We continue to find that Shenzhen Bainong's
sale is not bona fide and does not provide a reasonable or reliable
basis for calculating a dumping margin. Thus we are rescinding the NSR
for Shenzhen Bainong.
Final Rescission of NSR: Yantai Jinyan
As noted above, the Department received a case brief and a rebuttal
brief from Yantai Jinyan and Petitioners, respectively. In the
Preliminary Intent to Rescind, the Department stated that its decision
to initiate the NSR and to extend the POR was based on the information
provided by Yantai Jinyan in its request for an NSR. The Department
reached a preliminary decision to rescind the NSR of Yantai Jinyan
because the Department found that Yantai Jinyan's request for review
contained a misrepresentation regarding
[[Page 52316]]
the timing of the sale at issue. The Department continues to find that
Yantai Jinyan's request for an NSR did not meet the minimum
requirements for an NSR under 19 CFR 351.214(b)(2)(iv)(C).
Specifically, the sale that Yantai Jinyan certified in its request as
the first sale to an unaffiliated customer in the United States was
later identified by Yantai Jinyan as a sale to an affiliated customer.
In order to qualify for an NSR under 19 CFR 351.214, a company must
certify and document, among other things, the date of the first sale to
an unaffiliated customer in the United States. Once all the facts
surrounding the transaction were established, it became clear that
Yantai Jinyan did not have a sale or entry during the standard POR; as
such, there was in fact no basis upon which to initiate an NSR.
Consequently, we preliminarily determined that the Department's
decision to initiate the NSR of Yantai Jinyan was based on inaccurate
information provided by Yantai Jinyan. See Preliminary Intent to
Rescind, 76 FR at 24858. After analyzing Yantai Jinyan's case brief and
Petitioners' rebuttal brief, the Department continues to find that
Yantai Jinyan's request for an NSR did not meet the requirements for
initiation. As such, it is appropriate to rescind the NSR of Yantai
Jinyan.
The Department is currently conducting an antidumping duty
administrative review for the POR November 1, 2009, through October 31,
2010, to which Yantai Jinyan is subject. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 75 FR 81565, 81569 (December 28, 2010). As
indicated in the Preliminary Intent to Rescind, the Department has
moved Yantai Jinyan's separate rate application from the record of this
NSR to the record of the 2009-2010 administrative review, and will
consider it in the context of the administrative review. See
``Memorandum from Jacqueline Arrowsmith to the File through Dana S.
Mermelstein, Program Manager, AD/CVD Operations 6, Moving Yantai
Jinyan's Separate Rates Application to the November 1, 2009 through
October 31, 2010 (16th) Administrative Review,'' dated concurrently
with this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the ``Memorandum to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, Issues and Decision
Memorandum: Fresh Garlic from the People's Republic of China; Final
Rescission of New Shipper Reviews of Jining Yifa Garlic Produce Co.
Ltd., Shenzhen Bainong Co., Ltd., and Yantai Jinyan Trading Inc.''
(Decision Memorandum), dated concurrently with this notice and hereby
adopted by this notice. A list of the issues raised in the briefs and
addressed in the Decision Memorandum is appended to this notice. The
Decision Memorandum is a public document on file in the Central Records
Unit (CRU) main Commerce building, Room 7046, and is also accessible
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
The Department has made the transition to an electronic filing system,
IA ACCESS; CRU will continue to maintain the official record in paper
form for those documents that were filed prior to the implementation of
IA ACCESS. See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263, 39264 (July 6, 2011).
Cash Deposit Requirements
Effective upon publication of the final rescission of the NSRs of
Jining Yifa, Shenzhen Bainong, and Yantai Jinyan, the Department will
instruct CBP to discontinue the option of posting a bond or security in
lieu of a cash deposit for entries of subject merchandise by Jining
Yifa, Shenzhen Bainong, and Yantai Jinyan. Cash deposits will be
required for exports of subject merchandise by Jining Yifa, Shenzhen
Bainong, and Yantai Jinyan entered, or withdrawn from warehouse, for
consumption on or after the publication date at the per-unit PRC-wide
rate, $4.71 per kilogram.
Assessment Instructions
As a result of the rescission of the NSR of Jining Yifa and
Shenzhen Bainong, the entries of subject merchandise by Jining Yifa and
Shenzhen Bainong covered by these NSRs will be assessed at the PRC-wide
rate. Because these entries are also covered by the POR of the 2009-
2010 administrative review currently being conducted (see Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 75 FR 81565), we will issue liquidation
instructions for Jining Yifa's and Shenzhen Bainong's entries upon
completion of the administrative review. Upon completion of the
administrative review, the Department will instruct CBP to assess
antidumping duties on entries for Jining Yifa and Shenzhen Bainong at
the PRC-wide rate pursuant to the final results of the 2009-2010
administrative review.
In addition, the Department has moved Yantai Jinyan's separate rate
application from the record of this NSR to the record of the 2009-2010
administrative review, and, during the course of the administrative
review, the Department will evaluate whether Yantai Jinyan's separate
rate application establishes its eligibility for a separate rate. Upon
completion of the administrative review, the Department will instruct
CBP to assess antidumping duties on entries of subject merchandise by
Yantai Jinyan now covered by the administrative review, at the
appropriate rate pursuant to the final results of the 2009-2010
administrative review.
Notification to Importers
This notice serves as a 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.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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 is issued and published in accordance with sections
751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19
CFR 351.214.
Dated: August 15, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I--List of Issues Addressed in the Decision Memorandum
Comment 1: Whether Yantai Jinyan's NSR Request Satisfied the
Requirements for Initiation
Comment 2: Whether Yantai Jinyan Made Inaccurate Representations in
Its NSR Request
[[Page 52317]]
Comment 3: Whether Yantai Jinyan's Sale to Its Unaffiliated Customer
Should Be Reviewed Because the POR Was Expanded
Comment 4: Whether the Department Has the Discretion To Continue
Yantai Jinyan's NSR or Initiate Another NSR
Comment 5: Yantai Jinyan's Cash Deposit and Assessment Rate
Comment 6: Whether the Department's Authority To Rescind Shenzhen
Bainong's New Shipper Review Is Limited to a Sale That Is
Unrepresentative and Extremely Distortive
Comment 7: Whether the Pricing of Shenzhen Bainong's Sale Is
Commercially Reasonable
Comment 8: Whether the Quantity of Shenzhen Bainong's Sale Is
Commercially Reasonable
Comment 9: Whether the Department's Concerns Regarding Shenzhen
Bainong's Importer as Legitimate Ongoing Business Concern Are
Justified
Comment 10: Whether Shenzhen Bainong's Importer Behaved in a
Commercially Reasonable Manner
[FR Doc. 2011-21377 Filed 8-19-11; 8:45 am]
BILLING CODE 3510-DS-P
