Fresh Garlic From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Reviews; 2010-2011, 18316-18317 [2013-06960]

Download as PDF 18316 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices percent should be collected for all shipments of subject merchandise by Yinfeng entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice. Assessment Rate Yinfeng remains under review as part of the PRC-wide entity in the ongoing administrative review covering the 2011–2012 POR.5 Accordingly, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend entries of subject merchandise produced and/or exported by Yinfeng during the period February 1, 2011, through January 31, 2012, until CBP receives instructions relating to the administrative review covering the period February 1, 2011, through January 31, 2012. srobinson on DSK4SPTVN1PROD with NOTICES withdrawn from warehouse, for consumption, or, if it cannot establish the date of first entry, the date on which the exporter or producer first shipped the merchandise for export to the United States; (2) the volume of that and subsequent shipments; and (3) the date of the first sale to an unaffiliated customer in the United States. See 19 CFR 351.214(b)(2)(iv)(A)–(C). The regulations also state that the entity requesting the NSR must make the request within one year of the date of first entry. See 19 CFR 351.214(c). The Department has not acquired or received any additional information that would alter our preliminary determination that Yinfeng did not satisfy the minimum regulatory requirements in its request for a NSR under 19 CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c). Furthermore, since the publication of the Preliminary Rescission, the Department solicited comments from interested parties regarding the intended rescission of the NSR for Yinfeng, but received no such comments. Because we find that Yinfeng did not satisfy the requirements of 19 CFR 351.214(b)(2)(iv)(C) and 19 CFR 351.214(c), we are rescinding this NSR. Consequently, we are not calculating a company-specific rate for Yinfeng, and Yinfeng will remain a part of the PRCwide entity. Dated: March 19, 2013. Paul Piquado, Assistant Secretary for Import Administration. Cash Deposit The Department will notify CBP that bonding is no longer permitted to fulfill security requirements for subject merchandise produced and/or exported by Yinfeng that is entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register. The Department will notify CBP that a cash deposit rate of 198.63 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, and Deferral of Administrative Review, 77 FR 19179 (March 30, 2012). VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 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. 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. 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. We are issuing and publishing this rescission and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3). [FR Doc. 2013–06922 Filed 3–25–13; 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 Rescission of Antidumping Duty New Shipper Reviews; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 25, 2012, the Department of Commerce (Department) published its preliminary rescission for the new shipper reviews (NSRs) of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) 1 covering the period of review AGENCY: 1 See Fresh Garlic From the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Reviews; 2010–2011, 77 FR 65171 (October 25, 2012) (Preliminary Rescission). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 (POR) November 1, 2010, through October 31, 2011, for Foshan Fuyi Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd. (Maycarrier). For these final results, the Department continues to find that Fuyi’s new shipper sales were not bona fide. Additionally, the Department continues to find that Maycarrier does not qualify as a new shipper. Therefore, the Department is rescinding the NSRs of both Fuyi and Maycarrier. DATES: Effective Date: March 26, 2013. FOR FURTHER INFORMATION CONTACT: Lingjun Wang or David Lindgren, 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) 482–2316 or (202) 482– 3870, respectively. SUPPLEMENTARY INFORMATION: Background On October 25, 2012, the Department published the Preliminary Rescission. Between November 2012 and January 2013, the Department issued, and Fuyi and Maycarrier responded to, supplemental questionnaires. Additionally, on January 25, 2013, Maycarrier filed comments on factual information on the record. In February 2013, Fuyi and Maycarrier filed case briefs and Petitioners 2 filed rebuttal briefs. The Department placed factual information regarding Fuyi’s NSR on the record on January 9, 2013, and, based on a request from Maycarrier, on January 30, 2013, the Department placed on the record the surrogate country selection and surrogate value memorandum, intermediate input methodology memorandum, and surrogate value data used in the concurrent administrative review on fresh garlic from the PRC. Finally, Maycarrier submitted comments on February 20, 2013, requesting that, if the Department were to conduct a bona fides analysis of the price and quantity of Maycarrier’s sales, it should have an opportunity to submit comments on such analysis. As discussed in more detail below, the Department has not conducted a bona fides analysis of Maycarrier’s sales. Scope of the Order The products subject to the antidumping duty order are all grades of garlic, whole or separated into constituent cloves. Fresh garlic that is 2 Petitioners are the Fresh Garlic Producers Association and its individual members: Christopher Ranch L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc. E:\FR\FM\26MRN1.SGM 26MRN1 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices subject to the order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 0703.20.0000, 0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 2005.99.9700. A full description of the scope of the order is contained in the Final Decision Memorandum.3 The written description is dispositive. Final Rescission of Fuyi and Maycarrier Due to the totality of circumstances, including price, quantity and inconsistencies about the reported producer, as detailed in the Fuyi final analysis memorandum,4 the Department finds that Fuyi’s sales are not bona fide. The Department has explained in the Maycarrier final analysis memorandum 5 that Maycarrier does not meet the minimum requirements set forth in 19 CFR 351.214(b)(2)(iv)(C) to qualify as a new shipper. As a result, the Department is rescinding the NSRs of both Fuyi and Maycarrier. Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Final 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 Final Decision Memorandum is appended to this notice. The Final Decision Memorandum is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit (CRU), Room 7046 of the main srobinson on DSK4SPTVN1PROD with NOTICES 3 See Memorandum to Paul Piquado, Assistant Secretary for Import Administration from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Issues and Decision Memorandum for the Final Rescission of the Antidumping Duty New Shipper Reviews of Fresh Garlic from the People’s Republic of China,’’ dated concurrently with this notice (Final Decision Memorandum). 4 See Memorandum to Barbara E. Tillman, Director, AD/CVD Operations, Office 6, Import Administration regarding ‘‘New Shipper Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China: Analysis of Foshan Fuyi Food Co., Ltd.,’’ dated March 19, 2013. 5 See Memorandum to Barbara E. Tillman, Director, AD/CVD Operations, Office 6, Import Administration regarding ‘‘Antidumping Duty New Shipper Review of Fresh Garlic from the People’s Republic of China: Analysis of Qingdao May Carrier Import & Export Co., Ltd.,’’ dated March 19, 2013. VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 Department of Commerce building. In addition, a complete version of the Final Decision Memorandum can be accessed directly on the Internet at http:// www.trade.gov/ia/. The signed Final Decision Memorandum and the electronic versions of the Final Decision Memorandum are identical in content. Cash Deposit Requirements Effective upon publication of the final rescission of the NSRs of Fuyi and Maycarrier, the Department will instruct U.S. Customs and Border Protection (CBP) to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Fuyi and Maycarrier. Cash deposits will be required for exports of subject merchandise by Fuyi and Maycarrier 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 NSRs of Fuyi and Maycarrier, the entries of subject merchandise made by Fuyi and Maycarrier covered by these NSRs will be assessed at the PRC-wide rate. Because the PRC entity is under review in the 2010–2011 administrative review currently being conducted,6 and because the POR of the administrative review coincides with the POR of these NSRs, we will issue liquidation instructions for Fuyi’s and Maycarrier’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 Fuyi and Maycarrier at the PRC-wide rate pursuant to the final results of the 2010– 2011 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 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 18317 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: March 19, 2013. Paul Piquado, Assistant Secretary for Import Administration. List of Issues Addressed in the Final Decision Memorandum Comment 1: Whether Maycarrier Is a New Shipper Comment 2: Whether Maycarrier’s Sales Are Bona Fide Comment 3: Whether the Department Should Deduct the VAT From the Surrogate Value for Raw Garlic Bulb Comment 4: Whether the Department’s Policies on Handling Import Statistics Distort Surrogate Values Comment 5: Whether Maycarrier Is Entitled to a Separate Rate Comment 6: Whether Fuyi’s Sales Were Bona Fide [FR Doc. 2013–06960 Filed 3–25–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Healthcare Trade Mission to Russia— Amendment International Trade Administration, Department of Commerce. ACTION: Amendment to Notice. AGENCY: SUMMARY: The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service (CS) is publishing this supplement to the Notice of the U.S. Healthcare Trade Mission to Russia published at 77 FR 77032, December 31, 2012, to amend the Notice to revise the dates of the application deadline from March 15, 2013 to the new deadline of March 29, 2013. SUPPLEMENTARY INFORMATION: Amendments To Revise the Dates Background Recruitment for this Mission began in January, 2013. Due to the recent snow closures and upcoming Easter holiday E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18316-18317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06960]


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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 Antidumping Duty New Shipper Reviews; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 25, 2012, the Department of Commerce (Department) 
published its preliminary rescission for the new shipper reviews (NSRs) 
of the antidumping duty order on fresh garlic from the People's 
Republic of China (PRC) \1\ covering the period of review (POR) 
November 1, 2010, through October 31, 2011, for Foshan Fuyi Food Co., 
Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd. 
(Maycarrier). For these final results, the Department continues to find 
that Fuyi's new shipper sales were not bona fide. Additionally, the 
Department continues to find that Maycarrier does not qualify as a new 
shipper. Therefore, the Department is rescinding the NSRs of both Fuyi 
and Maycarrier.
---------------------------------------------------------------------------

    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Rescission of Antidumping Duty New Shipper Reviews; 
2010-2011, 77 FR 65171 (October 25, 2012) (Preliminary Rescission).

---------------------------------------------------------------------------
DATES: Effective Date: March 26, 2013.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang or David Lindgren, 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-
2316 or (202) 482-3870, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 25, 2012, the Department published the Preliminary 
Rescission. Between November 2012 and January 2013, the Department 
issued, and Fuyi and Maycarrier responded to, supplemental 
questionnaires. Additionally, on January 25, 2013, Maycarrier filed 
comments on factual information on the record. In February 2013, Fuyi 
and Maycarrier filed case briefs and Petitioners \2\ filed rebuttal 
briefs.
---------------------------------------------------------------------------

    \2\ Petitioners are the Fresh Garlic Producers Association and 
its individual members: Christopher Ranch L.L.C., The Garlic 
Company, Valley Garlic, and Vessey and Company, Inc.
---------------------------------------------------------------------------

    The Department placed factual information regarding Fuyi's NSR on 
the record on January 9, 2013, and, based on a request from Maycarrier, 
on January 30, 2013, the Department placed on the record the surrogate 
country selection and surrogate value memorandum, intermediate input 
methodology memorandum, and surrogate value data used in the concurrent 
administrative review on fresh garlic from the PRC. Finally, Maycarrier 
submitted comments on February 20, 2013, requesting that, if the 
Department were to conduct a bona fides analysis of the price and 
quantity of Maycarrier's sales, it should have an opportunity to submit 
comments on such analysis. As discussed in more detail below, the 
Department has not conducted a bona fides analysis of Maycarrier's 
sales.

Scope of the Order

    The products subject to the antidumping duty order are all grades 
of garlic, whole or separated into constituent cloves. Fresh garlic 
that is

[[Page 18317]]

subject to the order is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 0703.20.0000, 
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 
2005.90.9700, 2005.99.9700. A full description of the scope of the 
order is contained in the Final Decision Memorandum.\3\ The written 
description is dispositive.
---------------------------------------------------------------------------

    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, Issues 
and Decision Memorandum for the Final Rescission of the Antidumping 
Duty New Shipper Reviews of Fresh Garlic from the People's Republic 
of China,'' dated concurrently with this notice (Final Decision 
Memorandum).
---------------------------------------------------------------------------

Final Rescission of Fuyi and Maycarrier

    Due to the totality of circumstances, including price, quantity and 
inconsistencies about the reported producer, as detailed in the Fuyi 
final analysis memorandum,\4\ the Department finds that Fuyi's sales 
are not bona fide. The Department has explained in the Maycarrier final 
analysis memorandum \5\ that Maycarrier does not meet the minimum 
requirements set forth in 19 CFR 351.214(b)(2)(iv)(C) to qualify as a 
new shipper. As a result, the Department is rescinding the NSRs of both 
Fuyi and Maycarrier.
---------------------------------------------------------------------------

    \4\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, Import Administration regarding ``New Shipper 
Review of the Antidumping Duty Order on Fresh Garlic from the 
People's Republic of China: Analysis of Foshan Fuyi Food Co., 
Ltd.,'' dated March 19, 2013.
    \5\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, Import Administration regarding ``Antidumping 
Duty New Shipper Review of Fresh Garlic from the People's Republic 
of China: Analysis of Qingdao May Carrier Import & Export Co., 
Ltd.,'' dated March 19, 2013.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Final 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 Final Decision Memorandum is appended to 
this notice. The Final Decision Memorandum is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit (CRU), Room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Final Decision Memorandum can be accessed directly on 
the Internet at http://www.trade.gov/ia/. The signed Final Decision 
Memorandum and the electronic versions of the Final Decision Memorandum 
are identical in content.

Cash Deposit Requirements

    Effective upon publication of the final rescission of the NSRs of 
Fuyi and Maycarrier, the Department will instruct U.S. Customs and 
Border Protection (CBP) to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
by Fuyi and Maycarrier. Cash deposits will be required for exports of 
subject merchandise by Fuyi and Maycarrier 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 NSRs of Fuyi and Maycarrier, 
the entries of subject merchandise made by Fuyi and Maycarrier covered 
by these NSRs will be assessed at the PRC-wide rate. Because the PRC 
entity is under review in the 2010-2011 administrative review currently 
being conducted,\6\ and because the POR of the administrative review 
coincides with the POR of these NSRs, we will issue liquidation 
instructions for Fuyi's and Maycarrier'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 Fuyi and Maycarrier at the PRC-wide rate pursuant to the 
final results of the 2010-2011 administrative review.
---------------------------------------------------------------------------

    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
82268.
---------------------------------------------------------------------------

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: March 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

List of Issues Addressed in the Final Decision Memorandum

Comment 1: Whether Maycarrier Is a New Shipper
Comment 2: Whether Maycarrier's Sales Are Bona Fide
Comment 3: Whether the Department Should Deduct the VAT From the 
Surrogate Value for Raw Garlic Bulb
Comment 4: Whether the Department's Policies on Handling Import 
Statistics Distort Surrogate Values
Comment 5: Whether Maycarrier Is Entitled to a Separate Rate
Comment 6: Whether Fuyi's Sales Were Bona Fide

[FR Doc. 2013-06960 Filed 3-25-13; 8:45 am]
BILLING CODE 3510-DS-P