Fresh Garlic From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 36168-36170 [2013-14329]
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36168
Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
review for all shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date as provided by section 751(a)(2)(C)
of the Act: (1) For subject merchandise
exported by the companies listed above
that have separate rates, the cash
deposit rate will be the rate established
in this final results of review for each
exporter as listed above; 13 (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
exporter-specific rate; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the PRC-wide entity; (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements
shall remain in effect until further
notice.
Notification
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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or 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.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
1. Separate Rate
2. Corporate Affiliation
3. Targeted Dumping Allegation
4. Post-Preliminary FOP Data
5. Surrogate Country
6. Surrogate Values
—Bronze Powder
—Cores
—Diamond Powder
—Energy Inputs
—Financial Ratios
—Labor Costs
—Oxygen
—Steel Types
—Truck Freight
—The Philippine Data
7. U.S. Repacking Expense
[FR Doc. 2013–14374 Filed 6–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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13 We
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Fresh Garlic From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 12, 2012, the
Department of Commerce (Department)
published the Preliminary Results of the
2010–2011 administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC). The period of review (POR) is
November 1, 2010, through October 31,
2011.1 The final dumping margins are
AGENCY:
1 See Fresh Garlic From the People’s Republic of
China: Preliminary Results of Antidumping Duty
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Background
On December 12, 2012, the
Department published the Preliminary
Results.2 In January, the Department
conducted verification of Golden Bird.
On March 25, 2013, the Department
fully extended the time limit for these
final results by 60 days to June 10,
2013.3
The Department received case briefs
from Petitioners,4 Hebei Golden Bird
Trading Co., Ltd. (Golden Bird),
Shenzhen Xinboda Industrial Co., Ltd.
(Xinboda), Weifang Hongqiao
International Logistics Co., Ltd.
(Hongqiao) and Zhengzhou Huachao
Industrial Co., Ltd. (Huachao) on April
25, 2013. Further, between April 30 and
May 2, 2013, Petitioners, Golden Bird,
Xinboda, Hongqiao, and Jinxiang Hejia
Co., Ltd. (Hejia) filed rebuttal briefs. No
other case or rebuttal briefs were filed
by interested parties.
Scope of the Order
[A–570–831]
note that, pursuant to a section 129
determination, the Department announced it would
instruct CBP ‘‘to discontinue the collection of cash
deposits for estimated antidumping duties for
AT&M.’’ See Certain Frozen Warmwater Shrimp
From the People’s Republic of China and Diamond
Sawblades and Parts Thereof From the People’s
Republic of China: Notice of Implementation of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Partial Revocation of
the Antidumping Duty Orders, 78 FR 18958 (March
28, 2013). However, because of an injunction issued
by the U.S. Court of International Trade in CIT Ct.
No. 09–00511, the Department also explained that
‘‘future entries of such merchandise are subject to
suspension of liquidation at the cash deposit rate
of zero. Subsequent action will be consistent with
the final court decision.’’ Id. at 18960, n.20. Thus,
while the Department continues to be enjoined from
ordering the lifting of suspension of liquidation
regarding incoming entries, future entries of such
merchandise will continue to be subject to
suspension of liquidation at the cash deposit rate
of zero, consistent with the final section 129
determination.
listed in the ‘‘Final Results of Review’’
section below.
DATES: Effective Date: June 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang and 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 and (202)
482–3870, respectively.
SUPPLEMENTARY INFORMATION:
The products subject to the order are
all grades of garlic, whole or separated
into constituent cloves. Fresh garlic that
is 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, incorporated by
Administrative Review; 2010–2011, 77 FR 73980
(December 12, 2012) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 Id., 77 FR at 73981.
3 See Memorandum to Edward Yang, Senior
Director, China/Non-Market Economy Unit
regarding ‘‘Fresh Garlic from the People’s Republic
of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
March 25, 2013.
4 Petitioners are the Fresh Garlic Producers
Association, its individual members being
Christopher Ranch L.L.C., The Garlic Company,
Valley Garlic, and Vessey and Company, Inc.
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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
reference.5 The written description is
dispositive.
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.6 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 https://
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 https://
www.trade.gov/ia/. The signed Final
Decision Memorandum and the
electronic versions of the Final Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
For the final results, based on analysis
of the comments received and our
review of the record, the Department
has made certain changes to the margin
calculations for each respondent.
Detailed discussions of these changes
can be found in the Final Decision
Memorandum, the Final Surrogate
Values Memorandum, Golden Bird’s
Final Calculation Memorandum, and
Xinboda’s Final Calculation
Memorandum.7 In addition, because we
have calculated a de minimis rate for the
two mandatory respondents, consistent
with our practice, we have assigned to
the companies not selected for
individual examination the most
recently-calculated rate under this order
which was not affected by the
Department’s zeroing methodology, i.e.,
$1.28 per kilogram (kg.), the rate in the
08/09 Garlic NSR.8 See Appendix II.
PRC-Wide Entity
We will treat all seven companies
listed in Appendix III as part of the
PRC-wide entity for these final results.
Accordingly, these seven companies
will be subject to the PRC-wide entity
and have been assigned the PRC-wide
rate of $4.71 per kilogram. See Final
Decision Memorandum for our
determination with respect to the PRCwide entity.
Final Determination of No Shipments
In the Preliminary Results, after
confirming their ‘‘no shipment’’
certifications with U.S. Customs and
Border Protection (CBP) we determined
that five companies 9 did not have any
reviewable transactions during the POR.
On December 5, 2012, after the
Preliminary Results were published,
three additional companies 10 notified
the Department via-email that they had
timely filed no shipment certifications
but were instead included as part of the
PRC-wide entity. The Department
discovered that those certifications were
filed in IA ACCESS with an incorrect
POR end date of October 30, 2011,
instead of October 31, 2011, which
resulted in their exclusion from the POR
record but the submissions remained on
the Order’s record.11 The three
certifications were timely filed and
served with no deficiencies, and this
minor error was easily remedied; as
such, the Department had no basis to
reject them. Subsequently, we
confirmed the ‘‘no shipment’’ claims
with CBP.
Therefore, the Department has made
the final determination that eight
companies did not have any reviewable
entries of subject merchandise during
the POR, and will issue appropriate
instructions that are consistent with our
‘‘automatic assessment’’ clarification,
for these final results.
Final Results of Review
The Department determines that the
following dumping margins exist for the
period November 1, 2010, through
October 31, 2011.
Weighted-average
margin (U.S. Dollars
per kilogram)
Producer/exporter
Hebei Golden Bird Trading Co., Ltd ........................................................................................................................................
Shenzhen Xinboda Industrial Co., Ltd .....................................................................................................................................
Qingdao Xintianfeng Foods Co., Ltd .......................................................................................................................................
Shandong Jinxiang Zhengyang Import & Export Co., Ltd ......................................................................................................
Weifang Hongqiao International Logistics Co., Ltd .................................................................................................................
PRC-Wide Rate .......................................................................................................................................................................
Assessment Rates
The Department intends to disclose to
parties to the proceeding the
calculations performed within five days
after the date of publication of final
results in accordance with 19 CFR
351.224(b).
mstockstill on DSK4VPTVN1PROD with NOTICES
Disclosure
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
5 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 Results and
Rescission, in Part, of the Antidumping Duty
Administrative Review of Fresh Garlic from the
People’s Republic of China,’’ dated concurrently
with this notice (Final Decision Memorandum).
6 See Appendix I.
7 See Memorandum to the File ‘‘Fresh Garlic from
the People’s Republic of China: Calculation
Memorandum for the Final Results of Antidumping
Duty Administrative Review—Hebei Golden Bird
Trading Co., Ltd.,’’ dated June 10, 2013 (Golden
Bird’s Final Calculation Memorandum); see also
Memorandum to the File ‘‘Fresh Garlic from the
People’s Republic of China: Calculation
Memorandum for the Final Results of Antidumping
Duty Administrative Review—Shenzhen Xinboda
Industrial Co., Ltd.,’’ dated June 10, 2013
(Xinboda’s Final Calculation Memorandum); see
also Memorandum to the File ‘‘Fresh Garlic from
the People’s Republic of China: Surrogate Values for
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0.00.
0.00.
$1.28/kg.
$1.28/kg.
$1.28/kg.
$4.71/kg.
Department 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.
The Department intends to issue
appropriate assessment instructions for
such producers/exporters directly to
the Final Results’’ dated June 10, 2013 (Final
Surrogate Values Memorandum).
8 See Fresh Garlic From the People’s Republic of
China: Final Results of New Shipper Review, 75 FR
61130 (October 4, 2010) (08/09 Garlic NSR).
Because the rate in this review was based on a
single U.S. sale, it was not impacted by the zeroing
methodology.
9 See Appendix III #1–#5.
10 See Appendix III #6–#8.
11 See Memorandum to The File dated April 18,
2013, regarding Companies with No Shipments.
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Federal Register / Vol. 78, No. 116 / Monday, June 17, 2013 / Notices
CBP 15 days after the date of
publication of this notice in the Federal
Register. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The Department
recently announced a refinement to its
assessment practice in non-market
economy (NME) cases.12 Pursuant to
this refinement in practice, for entries
that were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in these
final results of review; (2) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide entity rate of $4.71 per
kilogram; and (3) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of the
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to an Administrative
Protective Order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of 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.
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
Issues Addressed in the Final Decision
Memorandum
Comment 1: The Department’s Non-Market
Economy Policy
Comment 2: Department’s 15-Day
Liquidation Instruction Policy
Comment 3: Zeroing
Comment 4: Differential Pricing
Comment 5: India as the Surrogate Country
Comment 6: Garlic Input Surrogate Value
Comment 7: Price Adjustments to Fruit
Inform
Comment 8: GTA Ukraine Import Statistics
Comment 9: Financial Statements
Comment 10: Hejia’s No Shipment
Certification
Comment 11: Hongqiao Eligibility for a
Separate Rate
Comment 12: Huachao’s No Shipment Letter
Comment 13: Cangshan’s Factor Reporting
Comment 14: By-Product vs Co-Product
Appendix II
Companies Assigned a Separate Rate
1. Qingdao Xintianfeng Foods Co., Ltd.
2. Weifang Hongqiao International Logistics
Co., Ltd.
3. Shandong Jinxiang Zhengyang Import &
Export Co., Ltd.
Appendix III
12 See
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
13 Id.
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20:38 Jun 14, 2013
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Companies Included in the PRC-Wide Entity
1. Foshan Fuyi Food Co., Ltd.
2. Henan Weite Industrial Co., Ltd.
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Fmt 4703
Sfmt 4703
3. Shandong Chenhe Intl trading Co., Ltd.
4. Shanghai LJ International Trading Co., Ltd.
5. Sunny Import & Export Limited
6. Zhengzhou Huachao Industrial Co., Ltd.
7. Zhengshou Yuanli Trading Co., Ltd.
Appendix IV
Companies Determined To Have No
Shipments
1. Chengwu County Yuanxiang Industry &
Commerce Co., Ltd.
2. Jinan Farmlady Trading Co., Ltd.
3. Jinxiang Chengda Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Qingdao Sea-line International Trading Co.
6. Jining Yongjia Trade Co., Ltd.
7. Qingdao Tiantaixing Foods Co. Ltd.
8. Yantai Jinyan Trading Co., Ltd.
[FR Doc. 2013–14329 Filed 6–14–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
University of Pittsburgh, et al.; Notice
of Consolidated Decision on
Applications for Duty-Free Entry of
Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L.106–36; 80 Stat. 897; 15 CFR part
301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW., Washington, DC.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as each is intended to be
used, that was being manufactured in
the United States at the time of its order.
Docket Number: 12–064. Applicant:
University of Pittsburgh, Pittsburgh, PA
15260. Instrument: Dilution Refrigerator
with 18T Solenoid Superconducting
Magnet. Manufacturer: Leiden
Cryogenics, the Netherlands. Intended
Use: See notice at 78 FR 7399–7400,
February 1, 2013. Comments: None
received. Decision: Approved. We know
of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: The instrument will be used
for three purposes: To develop ways for
preserving quantum information in a
way that is immune to a wide variety of
decoherence mechanisms by using
predicted topological properties of
superconductors in two dimensions, to
program fundamental couplings at near-
E:\FR\FM\17JNN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36168-36170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 12, 2012, the Department of Commerce (Department)
published the Preliminary Results of the 2010-2011 administrative
review of the antidumping duty order on fresh garlic from the People's
Republic of China (PRC). The period of review (POR) is November 1,
2010, through October 31, 2011.\1\ The final dumping margins are listed
in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Fresh Garlic From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011, 77 FR 73980 (December 12, 2012) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
DATES: Effective Date: June 17, 2013.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang and 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 and (202) 482-3870, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2012, the Department published the Preliminary
Results.\2\ In January, the Department conducted verification of Golden
Bird. On March 25, 2013, the Department fully extended the time limit
for these final results by 60 days to June 10, 2013.\3\
---------------------------------------------------------------------------
\2\ Id., 77 FR at 73981.
\3\ See Memorandum to Edward Yang, Senior Director, China/Non-
Market Economy Unit regarding ``Fresh Garlic from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated March 25, 2013.
---------------------------------------------------------------------------
The Department received case briefs from Petitioners,\4\ Hebei
Golden Bird Trading Co., Ltd. (Golden Bird), Shenzhen Xinboda
Industrial Co., Ltd. (Xinboda), Weifang Hongqiao International
Logistics Co., Ltd. (Hongqiao) and Zhengzhou Huachao Industrial Co.,
Ltd. (Huachao) on April 25, 2013. Further, between April 30 and May 2,
2013, Petitioners, Golden Bird, Xinboda, Hongqiao, and Jinxiang Hejia
Co., Ltd. (Hejia) filed rebuttal briefs. No other case or rebuttal
briefs were filed by interested parties.
---------------------------------------------------------------------------
\4\ Petitioners are the Fresh Garlic Producers Association, its
individual members being Christopher Ranch L.L.C., The Garlic
Company, Valley Garlic, and Vessey and Company, Inc.
---------------------------------------------------------------------------
Scope of the Order
The products subject to the order are all grades of garlic, whole
or separated into constituent cloves. Fresh garlic that is 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, incorporated by
[[Page 36169]]
reference.\5\ The written description is dispositive.
---------------------------------------------------------------------------
\5\ 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 Results and
Rescission, in Part, of the Antidumping Duty Administrative Review
of Fresh Garlic from the People's Republic of China,'' dated
concurrently with this notice (Final Decision Memorandum).
---------------------------------------------------------------------------
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.\6\ 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 https://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 https://www.trade.gov/ia/. The signed Final Decision
Memorandum and the electronic versions of the Final Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\6\ See Appendix I.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
For the final results, based on analysis of the comments received
and our review of the record, the Department has made certain changes
to the margin calculations for each respondent. Detailed discussions of
these changes can be found in the Final Decision Memorandum, the Final
Surrogate Values Memorandum, Golden Bird's Final Calculation
Memorandum, and Xinboda's Final Calculation Memorandum.\7\ In addition,
because we have calculated a de minimis rate for the two mandatory
respondents, consistent with our practice, we have assigned to the
companies not selected for individual examination the most recently-
calculated rate under this order which was not affected by the
Department's zeroing methodology, i.e., $1.28 per kilogram (kg.), the
rate in the 08/09 Garlic NSR.\8\ See Appendix II.
---------------------------------------------------------------------------
\7\ See Memorandum to the File ``Fresh Garlic from the People's
Republic of China: Calculation Memorandum for the Final Results of
Antidumping Duty Administrative Review--Hebei Golden Bird Trading
Co., Ltd.,'' dated June 10, 2013 (Golden Bird's Final Calculation
Memorandum); see also Memorandum to the File ``Fresh Garlic from the
People's Republic of China: Calculation Memorandum for the Final
Results of Antidumping Duty Administrative Review--Shenzhen Xinboda
Industrial Co., Ltd.,'' dated June 10, 2013 (Xinboda's Final
Calculation Memorandum); see also Memorandum to the File ``Fresh
Garlic from the People's Republic of China: Surrogate Values for the
Final Results'' dated June 10, 2013 (Final Surrogate Values
Memorandum).
\8\ See Fresh Garlic From the People's Republic of China: Final
Results of New Shipper Review, 75 FR 61130 (October 4, 2010) (08/09
Garlic NSR). Because the rate in this review was based on a single
U.S. sale, it was not impacted by the zeroing methodology.
---------------------------------------------------------------------------
PRC-Wide Entity
We will treat all seven companies listed in Appendix III as part of
the PRC-wide entity for these final results. Accordingly, these seven
companies will be subject to the PRC-wide entity and have been assigned
the PRC-wide rate of $4.71 per kilogram. See Final Decision Memorandum
for our determination with respect to the PRC-wide entity.
Final Determination of No Shipments
In the Preliminary Results, after confirming their ``no shipment''
certifications with U.S. Customs and Border Protection (CBP) we
determined that five companies \9\ did not have any reviewable
transactions during the POR. On December 5, 2012, after the Preliminary
Results were published, three additional companies \10\ notified the
Department via-email that they had timely filed no shipment
certifications but were instead included as part of the PRC-wide
entity. The Department discovered that those certifications were filed
in IA ACCESS with an incorrect POR end date of October 30, 2011,
instead of October 31, 2011, which resulted in their exclusion from the
POR record but the submissions remained on the Order's record.\11\ The
three certifications were timely filed and served with no deficiencies,
and this minor error was easily remedied; as such, the Department had
no basis to reject them. Subsequently, we confirmed the ``no shipment''
claims with CBP.
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\9\ See Appendix III 1-5.
\10\ See Appendix III 6-8.
\11\ See Memorandum to The File dated April 18, 2013, regarding
Companies with No Shipments.
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Therefore, the Department has made the final determination that
eight companies did not have any reviewable entries of subject
merchandise during the POR, and will issue appropriate instructions
that are consistent with our ``automatic assessment'' clarification,
for these final results.
Final Results of Review
The Department determines that the following dumping margins exist
for the period November 1, 2010, through October 31, 2011.
------------------------------------------------------------------------
Weighted-average margin (U.S.
Producer/exporter Dollars per kilogram)
------------------------------------------------------------------------
Hebei Golden Bird Trading Co., Ltd.. 0.00.
Shenzhen Xinboda Industrial Co., Ltd 0.00.
Qingdao Xintianfeng Foods Co., Ltd.. $1.28/kg.
Shandong Jinxiang Zhengyang Import & $1.28/kg.
Export Co., Ltd.
Weifang Hongqiao International $1.28/kg.
Logistics Co., Ltd.
PRC-Wide Rate....................... $4.71/kg.
------------------------------------------------------------------------
Disclosure
The Department intends to disclose to parties to the proceeding the
calculations performed within five days after the date of publication
of final results in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department 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. The Department intends to issue appropriate
assessment instructions for such producers/exporters directly to
[[Page 36170]]
CBP 15 days after the date of publication of this notice in the Federal
Register. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. The
Department recently announced a refinement to its assessment practice
in non-market economy (NME) cases.\12\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.\13\
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\13\ Id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in
these final results of review; (2) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide entity rate of $4.71
per kilogram; and (3) for all non-PRC exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the PRC exporter that supplied that non-PRC
exporter. These requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to an
Administrative Protective Order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
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.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 10, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Issues Addressed in the Final Decision Memorandum
Comment 1: The Department's Non-Market Economy Policy
Comment 2: Department's 15-Day Liquidation Instruction Policy
Comment 3: Zeroing
Comment 4: Differential Pricing
Comment 5: India as the Surrogate Country
Comment 6: Garlic Input Surrogate Value
Comment 7: Price Adjustments to Fruit Inform
Comment 8: GTA Ukraine Import Statistics
Comment 9: Financial Statements
Comment 10: Hejia's No Shipment Certification
Comment 11: Hongqiao Eligibility for a Separate Rate
Comment 12: Huachao's No Shipment Letter
Comment 13: Cangshan's Factor Reporting
Comment 14: By-Product vs Co-Product
Appendix II
Companies Assigned a Separate Rate
1. Qingdao Xintianfeng Foods Co., Ltd.
2. Weifang Hongqiao International Logistics Co., Ltd.
3. Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
Appendix III
Companies Included in the PRC-Wide Entity
1. Foshan Fuyi Food Co., Ltd.
2. Henan Weite Industrial Co., Ltd.
3. Shandong Chenhe Intl trading Co., Ltd.
4. Shanghai LJ International Trading Co., Ltd.
5. Sunny Import & Export Limited
6. Zhengzhou Huachao Industrial Co., Ltd.
7. Zhengshou Yuanli Trading Co., Ltd.
Appendix IV
Companies Determined To Have No Shipments
1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd.
2. Jinan Farmlady Trading Co., Ltd.
3. Jinxiang Chengda Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Qingdao Sea-line International Trading Co.
6. Jining Yongjia Trade Co., Ltd.
7. Qingdao Tiantaixing Foods Co. Ltd.
8. Yantai Jinyan Trading Co., Ltd.
[FR Doc. 2013-14329 Filed 6-14-13; 8:45 am]
BILLING CODE 3510-DS-P
