Fresh Garlic From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 36168-36170 [2013-14329]

Download as PDF 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upon publication of these final results of review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the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 mstockstill on DSK4VPTVN1PROD with NOTICES 13 We VerDate Mar<15>2010 20:38 Jun 14, 2013 Jkt 229001 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. E:\FR\FM\17JNN1.SGM 17JNN1 36169 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 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. 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 VerDate Mar<15>2010 20:38 Jun 14, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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. E:\FR\FM\17JNN1.SGM 17JNN1 36170 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. VerDate Mar<15>2010 20:38 Jun 14, 2013 Jkt 229001 Companies Included in the PRC-Wide Entity 1. Foshan Fuyi Food Co., Ltd. 2. Henan Weite Industrial Co., Ltd. PO 00000 Frm 00011 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 17JNN1

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]


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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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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