Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of New Shipper Review and Notice of Amended Final Results of New Shipper Review, 38583 [2012-15902]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Page 38583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15902]



[[Page 38583]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Results of New Shipper Review and 
Notice of Amended Final Results of New Shipper Review

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

SUMMARY: On June 11, 2012,\1\ the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
results of redetermination \2\ pursuant to the CIT's Hejia Remand Order 
2.\3\
---------------------------------------------------------------------------

    \1\ See Jinxiang Hejia Co., Ltd. v. United States, Slip-Op.12-80 
(CIT 2012).
    \2\ See Department of Commerce Final Results of Redetermination 
Pursuant to Remand, CIT Court No. 09-00471 (December 9, 2011) 
(Second Remand Results).
    \3\ See Jinxiang Hejia Co. v. United States, Slip Op. 11-112 
(CIT 2011) (Hejia Remand Order 2).
---------------------------------------------------------------------------

    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken,\4\ as clarified by Diamond 
Sawblades,\5\ the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's Final 
Results \6\ and is amending the final results of the new shipper review 
of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC) covering the period of review of November 1, 
2007, through June 9, 2008, with respect to the margin assigned to 
Jinxiang Hejia Co., Ltd. (Hejia).
---------------------------------------------------------------------------

    \4\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \5\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \6\ See Fresh Garlic from the People's Republic of China: Final 
Results and Final Rescission, In Part, of New Shipper Reviews, 74 FR 
50952 (October 2, 2009) (Final Results) and accompanying Issues and 
Decision Memorandum.

---------------------------------------------------------------------------
DATES: Effective Date: June 21, 2012.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, Office 6, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    Subsequent to completion of its new shipper review under the 
antidumping duty order on fresh garlic from the PRC, Hejia challenged 
certain aspects of the Department's Final Results at the CIT. On 
January 14, 2011 the Department filed its First Remand Results.\7\ On 
September 7, 2011, the CIT affirmed, in part, the First Remand Results 
and remanded the weighted-average methodology used by the Department to 
determine the surrogate value (SV) for the single-clove raw garlic 
input.\8\ On December 9, 2011, the Department issued its Second Remand 
Results under protest, wherein we removed a sales offer of Nepalese 
origin and thereafter used a simple average methodology to determine 
the SV for the single-clove raw garlic input. As a result, we 
calculated a revised weighted-average dumping margin of 0.00 percent 
for Hejia.
---------------------------------------------------------------------------

    \7\ See Department of Commerce Final Results of Redetermination 
Pursuant to Court Order, CIT Court No. 09-00471 (January 14, 2011) 
(First Remand Results).
    \8\ See Hejia Remand Order 2.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC has held that, pursuant to section 516A(e) of the Tariff Act of 
1930, as amended (the Act), the Department must publish a notice of a 
court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision.\9\ The CIT's June 11, 2012, judgment 
sustaining the Second Remand Results constitutes a final decision of 
that court that is not in harmony with the Final Results. This notice 
is published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue the suspension of liquidation 
of the subject merchandise pending the expiration of the period of 
appeal or, if appealed, pending a final and conclusive court decision.
---------------------------------------------------------------------------

    \9\ See Timken, 893 F.2d at 341.
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision with respect to Hejia, 
we are amending the Final Results with respect to the margin for Hejia. 
The revised dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Jinxiang Hejia Co., Ltd....................................        0.00
------------------------------------------------------------------------

    In the Final Results, Hejia was assigned a rate of 15.37 percent. 
Pursuant to court order, Hejia's revised margin for the period November 
1, 2007, through June 9, 2008, is 0.00 percent. Accordingly, if the 
CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the 
Department will instruct U.S. Customs and Border Protection to assess 
antidumping duties on entries of the subject merchandise exported by 
Hejia during the POR at 0.00 percent. Additionally, because Hejia has 
not been subject to an administrative proceeding since its November 1, 
2007, through June 9, 2008 new shipper review, Hejia's cash deposit 
rate will be 0.00 percent, effective as of June 21, 2012 (i.e., 10 days 
after the issuance of the CIT's ruling).
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: June 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-15902 Filed 6-27-12; 8:45 am]
BILLING CODE 3510-DS-P