Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011-2012, 36721-36725 [2014-15279]

Download as PDF Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4929 or (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: Background On February 3, 2014, the Department published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on mushrooms from India for the POR.1 On February 28, 2014, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Department received timely requests from Monterey Mushrooms Inc. (the petitioner), and Sunny Dell Foods Inc. (Sunny Dell), a domestic interested party, to conduct an administrative review of the sales of Agro Dutch Industries Limited (Agro Dutch), Himalya International Ltd. (Himalya), Hindustan Lever Ltd. (formerly Ponds India, Ltd.) (Hindustan), Transchem Ltd. (Transchem), and Weikfield Foods Pvt. Ltd (Weikfield). On April 1, 2014, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on mushrooms from India with respect to the above-named companies.2 On April 17, 2014, we received a no shipment claim for the POR from Weikfield.3 On May 21, 2014, Sunny Dell timely withdrew its request for a review of all five companies named above.4 On June 3, 2014, the petitioner timely withdrew its request for a review of Agro Dutch, Hindustan, Transchem and Weikfield.5 Partial Rescission of Review mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of notice 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 79 FR 6159 (February 3, 2014). 2 See Initiation of Antidumping Duty Administrative Reviews and Request for Revocation in Part, 79 FR 18262 (April 1, 2014). 3 See Letter from Weikfield to the Department, dated April 11, 2014. 4 See Letter from Sunny Dell, ‘‘Certain Preserved Mushrooms from India: Withdrawal of Requests for Administrative Reviews,’’ dated May 21, 2014. 5 See Letter from Petitioner, ‘‘15th Administrative Review of the Antidumping Duty Order on Certain Preserved Mushrooms from India: Petitioner’s Partial Withdrawal of Requests for Administrative Reviews,’’ dated June 3, 2014. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 of initiation of the requested review. The petitioner’s and Sunny Dell’s withdrawal requests were filed before the 90-day deadline. Therefore, in response to the withdrawals of request for review of Agro Dutch, Hindustan, Transchem and Weikfield, and pursuant to 19 CFR 351.213(d)(1), we are rescinding this review with regard to these companies. However, because the petitioner did not withdraw its request for review of Himalya, the instant review will continue with respect to this company. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as the only 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 may result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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. This notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 36721 Dated: June 24, 2014. Christian Marsh, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–15278 Filed 6–27–14; 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 Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 24, 2013, the Department of Commerce (the Department) published its preliminary results of the 2011–2012 administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC).1 This review covers 139 companies. The mandatory respondents in this review are: Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co. Ltd. (Xinboda). Following the Preliminary Results, we invited interested parties to comment. Based on our analysis of the comments received, we made changes to the margin calculations for these final results of the antidumping duty administrative review. As discussed below, the Department is relying on total adverse facts available (AFA) with respect to Golden Bird, who failed to cooperate to the best of its ability in this administrative review. The Department is also rescinding the review with respect to Shijiazhuang Goodman Trading Co., Ltd. (Goodman), who was determined not to have any bona fide sales. These determinations and the final dumping margins are discussed below in the ‘‘Final Results’’ section of this notice. DATES: Effective Date: June 30, 2014 FOR FURTHER INFORMATION CONTACT: Brandon Steele, Milton Koch, and Hilary E. Sadler, Esq., AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; AGENCY: 1 See Fresh Garlic From the People’s Republic of China: Preliminary Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011–2012, 78 FR 77653 (December 24, 2013) (Preliminary Results). E:\FR\FM\30JNN1.SGM 30JNN1 36722 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices telephone: (202) 482–4956, (202) 482– 2584, and (202) 482–4340, respectively. mstockstill on DSK4VPTVN1PROD with NOTICES Background On December 24, 2013, the Department published the preliminary results of this administrative review.2 In the preliminary results, we rescinded this administrative review for two companies: Jinxiang Jinma Fruits Vegetables Products Co., Ltd. and Zhengzhou Harmoni Spice Co., Ltd. On January 23, 2014, Xinboda, Golden Bird, and the petitioners requested a hearing.3 Between January 27, 2014, and February 6, 2014, interested parties submitted surrogate value data for consideration in the final results. On April 8, 2014, the petitioners submitted new factual information along with an allegation that Golden Bird had misreported its sales of subject merchandise to the United States during the period of review (POR). From April 14 through April 18, 2014, the Department conducted a verification of Xinboda and its producer Zhengzhou Dadi Garlic Industry Co., Ltd. in Shenzhen, PRC. Between April 16, 2014, and April 28, 2014, Golden Bird responded to the petitioners’ April 8, 2014, allegations and the petitioners provided a response to Golden Bird. On April 24, 2014, the Department held an ex parte meeting with the petitioners to discuss their allegations against Golden Bird. On May 7, 2014, the Department sent Golden Bird a supplemental questionnaire seeking to confirm the accuracy of the sales information reported by Golden Bird. On May 14, 2014, the petitioners, Golden Bird, Jinxiang Hejia Co., Ltd (Hejia), and Xinboda submitted case briefs. On May 19 and May 23, 2014, the Department held ex parte meetings with Golden Bird regarding Golden Bird’s request for an extension to file a response to the May 7, 2014, supplemental questionnaire. On May 22, 2014, the parties submitted their rebuttal briefs. Golden Bird responded to the May 7th questionnaire on May 23, 2014. On May 27, 2014, the petitioners submitted their rebuttal briefs. On June 9, 2014, the petitioners submitted a supplemental brief regarding their allegations against Golden Bird. On June 12, 2014, Golden Bird submitted a rebuttal brief regarding the petitioners’ allegations. On June 18, 2014, the Department held a public hearing. 2 Id. 3 The petitioners in this review 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. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 Scope of the Order The products subject to this antidumping duty order are all grades of garlic, whole or separated into constituent cloves, whether or not peeled, fresh, chilled, frozen, provisionally preserved, or packed in water or other neutral substance, but not prepared or preserved by the addition of other ingredients or heat processing. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.200020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 2005.90.9700. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the Issues and Decision memorandum dated concurrently with and hereby adopted by this notice. 4 Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, which is dated concurrently and is hereby adopted by this notice. A list of the issues that are raised in the briefs and addressed in the Issues and Decision Memorandum is in Appendix III of this notice. The Issues and Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’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 Department’s Central Records Unit, located in room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be found at http://enforcement.trade. gov/frn/. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. Application of Adverse Facts Available After the Preliminary Results, the Department requested that Golden Bird provide the Department with export 4 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding ‘‘Issues and Decision Memorandum for the Final Results of 2011–2012 Antidumping Duty Administrative Review of fresh garlic from the People’s Republic of China,’’ issued concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 documentation to corroborate Golden Bird’s reported volume of U.S. sales found in its Section A response and in its U.S. sales database. Golden Bird was unable to produce documents to corroborate its Section A submission or its U.S. sales database. Therefore, based upon the post-preliminary results questionnaire responses, case briefs, and rebuttal briefs, the Department determines that it cannot rely on Golden Bird’s questionnaire responses, including Section A which contains information with respect to Golden Bird’s claim for separate rate status. As such, for purposes of these final results, we are treating Golden Bird as part of the PRC-wide entity. Because the PRCwide entity, which includes Golden Bird, submitted unreliable information and failed to cooperate to the best of its ability, we determine the application of AFA is appropriate.5 Consistent with our practice, the Department relied upon the highest rate on the record of any segment of the proceeding, i.e., $4.71 per kilogram. The Department also corroborated that rate pursuant to section 776(c) of the Tariff Act of 1930, as amended (the Act). Corroboration of Secondary Information Used as Adverse Facts Available Section 776(c) of the Act provides that, where the Department selects from among the facts otherwise available and relies on ‘‘secondary information,’’ the Department shall, to the extent practicable, corroborate that information from independent sources reasonably at the Department’s disposal. Secondary information is described in the SAA as ‘‘information derived from the petition that gave rise to the investigation or review, the final determination covering the subject merchandise, or any previous review under section 751 concerning the subject merchandise.’’ 6 The SAA states that ‘‘corroborate meant to determine that the information used has probative value.’’ 7 The Department determines that to have probative value, information must be reliable and relevant.8 The SAA also states that 5 See Issues and Decision Memorandum at Comment 16; see also sections 776(a)(2) and 776(b) of the Act. 6 See Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103–316, vol. 1 (1994) (SAA) at 870. 7 Id. 8 See, e.g., Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From Japan, and Tapered Roller Bearings Four Inches or Less in Outside Diameter, and Components Thereof, From Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996) (unchanged in final results). E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation or review.9 To be considered corroborated, information must be found both reliable and relevant. As described in the Issues and Decision Memorandum, this AFA rate is both reliable and relevant. Therefore, we determine that it has probative value, and is thus in accordance with the requirement, under section 776(c) of the Act, that secondary information be corroborated to the extent practicable. Final Determination of No Shipments Based upon a review of arguments made by Hejia in its case brief, the Department determines that Hejia had no reviewable transactions of subject merchandise during the POR.10 For these final results, the Department finds that the fourteen companies listed in Appendix I, including Hejia, had no shipments during the POR.11 assessed at the PRC-wide entity rate indicated below. Of the remaining companies subject to these results, 20 are not eligible for a separate rate as they did not submit separate rate applications or certifications or were not subject to a withdrawal request.13 As a result, the Department determines that these 20 companies are part of the PRC-wide entity. In addition, the Department determines that Shijiazhuang Goodman Trading Co., Ltd.’s (Goodman) sales were not bona fide and rescinded its new shipper review. Because the sales subject to this review are the same sales found to be non-bona fide in the new shipper review, the Department is rescinding this administrative review with respect to Goodman. For our determination with respect to Goodman, please refer to the Issues and Decision Memorandum. Final Results of the Administrative Review The Department determines that the following weighted-average dumping margins exist for the POR: Withdrawal of Review Requests, Partial Rescission of the Administrative Review, and the PRC-Wide Entity mstockstill on DSK4VPTVN1PROD with NOTICES As noted in the Preliminary Results, the Department is rescinding this review for Jinxiang Jinma Fruits Vegetables Products Co., Ltd. and Zhengzhou Harmoni Spice Co., Ltd. because: (1) Parties have timely withdrawn all review requests with respect to these companies; and, (2) these companies have separate rates from a prior completed segment of this proceeding. For these companies, antidumping duties shall be assessed at the rate entered. Also as noted in the Preliminary Results, the Department received timely withdrawal requests for 94 other companies. These companies do not have a separate rate, and, therefore, each currently remains part of the PRC-wide entity,12 which is subject to this administrative review. For these companies, antidumping duties shall be 9 See SAA at 870; see also Notice of Preliminary Determination of Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic Station Post Insulators From Japan, 68 FR 35627, 35629 (June 16, 2003) (unchanged in final determination); and Notice of Final Determination of Sales at Less Than Fair Value: Live Swine From Canada, 70 FR 12181, 12183 (March 11, 2005). 10 See Issues and Decision Memorandum at Comment 17. 11 See Preliminary Results, 77 FR at 77654. 12 These 94 companies are included in the PRCwide entity list at Appendix II. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 Weighted average margin (dollars per kilogram) Exporter Shenzhen Xinboda Industrial Co., Ltd ............................. Qingdao Xintianfeng Foods Co., Ltd ............................. Shenzhen Bainong Co., Ltd Chegwu County Yuanxiang Industry & Commerce Co, Ltd ..................................... Yantai Jinyan Trading, Inc .... Jinxiang Merry Vegetable Co., Ltd ............................. Cangshan Qingshui Vegetable Foods Co., Ltd ......... Jining Yifa Garlic Produce Co., Ltd ............................. Jinan Farmlady Trading Co., Ltd ..................................... Weifang Hongqiao International Logistics Co., Ltd Rate Applicable to the Remaining Companies Under Review .............................. PRC-Wide Rate (which includes Hebei Golden Bird Trading Co., Ltd) ............... $1.82 1.82 1.82 1.82 1.82 1.82 1.82 1.82 1.82 1.82 4.71 We will disclose the calculations to parties in this proceeding within five days after the date of issuance of this notice in the Federal Register in accordance with 19 CFR 351.224(b). PO 00000 Appendix II. Frm 00005 Fmt 4703 Sfmt 4703 Assessment Rates The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of review.14 In accordance with 19 CFR 351.212(b)(1), for Xinboda, we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of sales.15 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For Golden Bird, entries will be assessed at the rate indicated above. For the separate rate companies not selected for individual examination, we will instruct CBP to apply the rate listed above to entries of subject merchandise exported by such companies and entered during the period of review. This rate is the same as the rate for the one mandatory respondent with a weighted-average dumping margin determined without using the facts otherwise available. For the PRC-wide entity, entries will be assessed at the PRC-wide rate indicated above. The Department recently announced a refinement to its assessment practice in NME cases.16 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies 1.82 Disclosure 13 See 36723 14 We note that Goodman’s entries are currently covered by a preliminary injunction in connection with the litigation concerning the new shipper review. See Shijiazhuang Goodman Trading Co. v. United States, CIT No. 14–00101. Therefore, these entries shall not be liquidated until the preliminary injunction is lifted. 15 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 16 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\30JNN1.SGM 30JNN1 36724 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter’s cash deposit rate), the Department will instruct CBP to liquidate such entries at the PRC-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 PRC-wide rate.17 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for 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 the companies listed above, the cash deposit rate will be the weighted-average dumping margins indicated above (except, if the rate is zero or de minimis, then zero cash deposit will be required); (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 published for the most recent period; (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 the PRC-wide rate of $4.71 per kilogram; and (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, when imposed, shall remain in effect until further notice. mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers This notice serves as 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 of Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 17 Id. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 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). We request timely written notification of return or destruction of APO materials, or conversion to judicial protective order. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. The Department issues and publishes this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213. Dated: June 23, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Companies That Have Certified No Shipments 1. Jinxiang Chengda Imp. & Exp. Co., Ltd. 2. Foshan Fuyi Food Co., Ltd. 3. Heze Ever-Best International Trade Co., Ltd. 4. Zhengzhou Huachao Industrial, Co., Ltd. 5. Qingdao Maycarrier Import & Export Co., Ltd. 6. Jinxiang Merry Vegetable Co., Ltd. 7. Cangshan Qingshui Vegetable Foods Co., Ltd. 8. Qingdao Tiantaixing Foods Co., Ltd. 9. Qingdao Sea-line International Trading Co. 10. XuZhou Simple Garlic Industry Co., Ltd. 11. Jining Yongjia Trade Co. Ltd. 12. Jinxiang Yuanxin Imp. & Exp. Co., Ltd. 13. Shandong Jinxiang Zhengyang Import & Export Co. Ltd. 14. Jinxiang Hejia Co., Ltd. Appendix II List of Companies Subject to the PRC-Wide Rate 1. American Pioneer Shipping 2. Anhui Dongqian Foods Ltd. 3. Anqiu Friend Food Co., Ltd. 4. Anqiu Haoshun Trade Co., Ltd. 5. APM Global Logistics (Shanghai) Co., Ltd. 6. APS Qingdao 7. Chiping Shengkang Foodstuff Co., Ltd. 8. CMEC Engineering Machinery Import & Export Co., Ltd. 9. Dongying Shunyifa Chemical Co., Ltd. 10. Dynalink Systems Logistics (Qingdao) Inc. 11. Eimskip Logistics Inc. 12. Feicheng Acid Chemicals Co., Ltd. 13. Frog World Co., Ltd. 14. Golden Bridge International, Inc. 15. Guangxi Lin Si Fu Bang Trade Co., Ltd 16. Hangzhou Guanyu Foods Co., Ltd. 17. Hebei Golden Bird Trading Co., Ltd. 18. Henan Weite Industrial Co., Ltd. 19. Hongqiao International Logistics Co. 20. Intecs Logistics Service Co., Ltd. 21. IT Logistics Qingdao Branch PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 22. Jinan Solar Summit International Co., Ltd. 23. Jinan Yipin Corporation Ltd. 24. Jining De-Rain Trading Co., Ltd. 25. Jining Highton Trading Co., Ltd. 26. Jining Jiulong International Trading Co., Ltd. 27. Jining Tiankuang Trade Co., Ltd. 28. Jining Trans-High Trading Co., Ltd. 29. Jinxiang County Huaguang Food Import & Export Co., Ltd. 30. Jinxiang Dacheng Food Co., Ltd. 31. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang Eastward Shipping Import and Export Limited Company) 32. Jinxiang Dongyun Import & Export Co., Ltd. 33. Jinxiang Fengsheng Import & Export Co., Ltd. 34. Jinxiang Grand Agricultural Co., Ltd. 35. Jinxiang Infarm Fruits & Vegetables Co., Ltd. 36. Jinxiang Meihua Garlic Produce Co., Ltd. 37. Jinxiang Shanyang Freezing Storage Co., Ltd. 38. Jinxiang Shenglong Trade Co., Ltd. 39. Jinxiang Tianheng Trade Co., Ltd. 40. Jinxiang Tianma Freezing Storage Co., Ltd. 41. Jinxiang Xian Baishite Trade Co., Ltd. (a/ k/a Jinxiang Best Trade Co., Ltd.) 42. Juye Homestead Fruits and Vegetables Co., Ltd. 43. Kingwin Industrial Co., Ltd. 44. Laiwu Fukai Foodstuff Co., Ltd. 45. Laizhou Xubin Fruits and Vegetables 46. Linshu Dading Private Agricultural Products Co., Ltd. 47. Linyi City Hedong District Jiuli Foodstuff Co. 48. Linyi City Kangfa Foodstuff Drinkable Co., Ltd. 49. Linyi Katayama Foodstuffs Co., Ltd. 50. Linyi Tianqin Foodstuff Co., Ltd. 51. Ningjin Ruifeng Foodstuff Co., Ltd. 52. Qingdao Apex Shipping Co., Ltd. 53. Qingdao BNP Co., Ltd. 54. Qingdao Cherry Leather Garment Co., Ltd. 55. Qingdao Chongzhi International Transportation Co., Ltd. 56. Qingdao Everfresh Trading Co., Ltd. 57. Qingdao Liang He International Trade Co., Ltd 58. Qingdao Lianghe International Trade Co., Ltd. 59. Qingdao Saturn International Trade Co., Ltd. 60. Qingdao Sino-World International Trading Co., Ltd. 61. Qingdao Winner Foods Co., Ltd. 62. Qingdao XinTian Feng Food Co., Ltd. 63. Qingdao Yuankang International 64. Qufu Dongbao Import & Export Trade Co., Ltd. 65. Rizhao Huasai Foodstuff Co., Ltd. 66. Samyoung America (Shanghai) Inc. 67. Shandong Chengshun Farm Produce Trading Co., Ltd. 68. Shandong Chenhe Intl Trading Co., Ltd. 69. Shandong China Bridge Imports 70. Shandong Dongsheng Eastsun Foods Co., Ltd. 71. Shandong Garlic Company 72. Shandong Longtai Fruits and Vegetables Co., Ltd. E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices 73. Shandong Sanxing Food Co., Ltd. 74. Shandong Wonderland Organic Food Co., Ltd. 75. Shandong Xingda Foodstuffs Group Co., Ltd. 76. Shandong Yipin Agro (Group) Co., Ltd. 77. Shanghai Ever Rich Trade Company 78. Shanghai Goldenbridge International Co., Ltd. 79. Shanghai Great Harvest International Co., Ltd. 80. Shanghai LJ International Trading Co., Ltd. 81. Shanghai Medicines & Health Products Import/Export Co., Ltd. 82. Shanghai Yijia International Transportation Co., Ltd. 83. Shenzhen Fanhui Import & Export Co., Ltd. 84. Shenzhen Greening Trading Co., Ltd. 85. Shenzhen Xunong Trade Co., Ltd. 86. Shijiazhuang Goodman Trading Co., Ltd. 87. Sunny Import & Export Limited 88. T&S International, LLC. 89. Taian Eastsun Foods Co., Ltd. 90. Taian Fook Huat Tong Kee Pte. Ltd. 91. Taian Solar Summit Food Co., Ltd. 92. Taiyan Ziyang Food Co., Ltd. 93. Tianjin Spiceshi Co., Ltd. 94. U.S. United Logistics (Ningbo) Inc. 95. V.T. Impex (Shandong) Limited 96. Weifang Chenglong Import & Export Co., Ltd. 97. Weifang He Lu Food Import & Export Co., Ltd. 98. Weifang Hong Qiao International Logistics Co., Ltd. 99. Weifang Jinbao Agricultural Equipment Co., Ltd. 100. Weifang Naike Foodstuffs Co., Ltd. 101. Weifang Shennong Foodstuff Co., Ltd. 102. Weihai Textile Group Import & Export Co., Ltd. 103. WSSF Corporation (Weifang) 104. Xiamen Huamin Import Export Company 105. Xiamen Keep Top Imp. and Exp. Co., Ltd. 106. Xinjiang Top Agricultural Products Co., Ltd. 107. XuZhou Heiners Agricultural Co., Ltd. 108. Yishui Hengshun Food Co., Ltd. 109. You Shi Li International Trading Co., Ltd. 110. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd. 111. Zhengzhou Dadi Garlic Industry Co., Ltd. 112. Zhengzhou Xiwannian Food Co., Ltd. 113. Zhengzhou Xuri Import & Export Co., Ltd. 114. Zhengzhou Yuanli Trading Co., Ltd. 115. Zhong Lian Farming Product (Qingdao) Co., Ltd. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix III List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Selection of the Surrogate Country Comment 2: Use of MERALCO to Calculate Electricity Rates VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 Comment 3: Excluding NME Country Data in Import Statistics Comment 4: Excluding Data from Countries With Export Subsidies Comment 5: Excluding Outlier (Aberrational) Data Using Statistical Tools Comment 6: Deducting Transportation Costs Comment 7: Adjusting Brokerage and Handling Fees in CIF Comment 8: Adjusting the Philippine ILO 6A Labor Calculation Comment 9: Deducting Export Letter of Credit Fees Comment 10: Adjusting SVs to Reflect Net kg Comment 11: Using CIF Values Instead of FOB Values Comment 12: Wholesale versus Farm Gate Prices Comment 13: Differential Pricing Methodology Challenge Comment 14: Country Wide Rate Challenge Comment 15: 15-Day Liquidation Instruction Policy Challenge Comment 16: Fraud Allegation Concerning Golden Bird’s Export Declarations to GACC Comment 17: Hejia Ministerial Error, Certification of No Shipments Comment 18: Separate Rate Request for Goodman Comment 19: Weighted Average Margin Calculation for Goodman Comment 20: Contemporaneous Calculation of SVs for Goodman Comment 21: Separate Briefing Schedule for Golden Bird’s SQR Recommendation [FR Doc. 2014–15279 Filed 6–27–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Small Business Innovation Research (SBIR) Program Application Cover Sheet National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before August 29, 2014. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 36725 FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Mary Clague, NIST SBIR Program Office, 100 Bureau Drive, MS 2200, Gaithersburg, MD 20899, 301– 975–4188, mary.clague@nist.gov. SUPPLEMENTARY INFORMATION: I. Abstract The SBIR program was originally established in 1982 by the Small Business Innovation Development Act (Pub. L. 97–219), codified at 15 U.S.C. 638. It was then expanded and extended by the Small Business Research and Development (R&D) Enhancement Act of 1992 (Pub. L. 102–564), and received subsequent reauthorization and extensions that include Public Law 112– 81, extending SBIR through September 30, 2017. The US Small Business Administration (SBA) serves as the coordinating agency for the SBIR program. It directs the agency implementation of SBIR, reviews progress, and reports annually to Congress on its operation. The NIST SBIR Cover Sheet is the first page of each application that responds to the annual NIST SBIR Federal Funding Opportunity (FFO). The information collected in the Cover Sheet provides identifying information and demographic data for use in NIST’s annual report to the SBA on the program. II. Method of Collection The information will be collected as part of the application process and will be submitted either through grants.gov or by paper. III. Data OMB Control Number: 0693–XXXX. Form Number(s): None. Type of Review: Regular submission (new information collection). Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 100. Estimated Time Per Response: .5 hours. Estimated Total Annual Burden Hours: 50. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36721-36725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15279]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
and Partial Rescission of the 18th Antidumping Duty Administrative 
Review; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 24, 2013, the Department of Commerce (the 
Department) published its preliminary results of the 2011-2012 
administrative review of the antidumping duty order on fresh garlic 
from the People's Republic of China (PRC).\1\ This review covers 139 
companies. The mandatory respondents in this review are: Hebei Golden 
Bird Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial 
Co. Ltd. (Xinboda). Following the Preliminary Results, we invited 
interested parties to comment. Based on our analysis of the comments 
received, we made changes to the margin calculations for these final 
results of the antidumping duty administrative review.
---------------------------------------------------------------------------

    \1\ See Fresh Garlic From the People's Republic of China: 
Preliminary Results and Partial Rescission of the 18th Antidumping 
Duty Administrative Review; 2011-2012, 78 FR 77653 (December 24, 
2013) (Preliminary Results).
---------------------------------------------------------------------------

    As discussed below, the Department is relying on total adverse 
facts available (AFA) with respect to Golden Bird, who failed to 
cooperate to the best of its ability in this administrative review. The 
Department is also rescinding the review with respect to Shijiazhuang 
Goodman Trading Co., Ltd. (Goodman), who was determined not to have any 
bona fide sales. These determinations and the final dumping margins are 
discussed below in the ``Final Results'' section of this notice.

DATES: Effective Date: June 30, 2014

FOR FURTHER INFORMATION CONTACT: Brandon Steele, Milton Koch, and 
Hilary E. Sadler, Esq., AD/CVD Operations, Office VII, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230;

[[Page 36722]]

telephone: (202) 482-4956, (202) 482-2584, and (202) 482-4340, 
respectively.

Background

    On December 24, 2013, the Department published the preliminary 
results of this administrative review.\2\ In the preliminary results, 
we rescinded this administrative review for two companies: Jinxiang 
Jinma Fruits Vegetables Products Co., Ltd. and Zhengzhou Harmoni Spice 
Co., Ltd. On January 23, 2014, Xinboda, Golden Bird, and the 
petitioners requested a hearing.\3\ Between January 27, 2014, and 
February 6, 2014, interested parties submitted surrogate value data for 
consideration in the final results. On April 8, 2014, the petitioners 
submitted new factual information along with an allegation that Golden 
Bird had misreported its sales of subject merchandise to the United 
States during the period of review (POR). From April 14 through April 
18, 2014, the Department conducted a verification of Xinboda and its 
producer Zhengzhou Dadi Garlic Industry Co., Ltd. in Shenzhen, PRC. 
Between April 16, 2014, and April 28, 2014, Golden Bird responded to 
the petitioners' April 8, 2014, allegations and the petitioners 
provided a response to Golden Bird. On April 24, 2014, the Department 
held an ex parte meeting with the petitioners to discuss their 
allegations against Golden Bird. On May 7, 2014, the Department sent 
Golden Bird a supplemental questionnaire seeking to confirm the 
accuracy of the sales information reported by Golden Bird. On May 14, 
2014, the petitioners, Golden Bird, Jinxiang Hejia Co., Ltd (Hejia), 
and Xinboda submitted case briefs. On May 19 and May 23, 2014, the 
Department held ex parte meetings with Golden Bird regarding Golden 
Bird's request for an extension to file a response to the May 7, 2014, 
supplemental questionnaire. On May 22, 2014, the parties submitted 
their rebuttal briefs. Golden Bird responded to the May 7th 
questionnaire on May 23, 2014. On May 27, 2014, the petitioners 
submitted their rebuttal briefs. On June 9, 2014, the petitioners 
submitted a supplemental brief regarding their allegations against 
Golden Bird. On June 12, 2014, Golden Bird submitted a rebuttal brief 
regarding the petitioners' allegations. On June 18, 2014, the 
Department held a public hearing.
---------------------------------------------------------------------------

    \2\ Id.
    \3\ The petitioners in this review 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.
---------------------------------------------------------------------------

Scope of the Order

    The products subject to this antidumping duty order are all grades 
of garlic, whole or separated into constituent cloves, whether or not 
peeled, fresh, chilled, frozen, provisionally preserved, or packed in 
water or other neutral substance, but not prepared or preserved by the 
addition of other ingredients or heat processing. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.200020, 
0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 
2005.90.9700. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive. A full description of the scope of the order is contained 
in the Issues and Decision memorandum dated concurrently with and 
hereby adopted by this notice. \4\
---------------------------------------------------------------------------

    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
regarding ``Issues and Decision Memorandum for the Final Results of 
2011-2012 Antidumping Duty Administrative Review of fresh garlic 
from the People's Republic of China,'' issued concurrently with this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum, which is dated concurrently and is 
hereby adopted by this notice. A list of the issues that are raised in 
the briefs and addressed in the Issues and Decision Memorandum is in 
Appendix III of this notice. The Issues and Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance'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 
Department's Central Records Unit, located in room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Application of Adverse Facts Available

    After the Preliminary Results, the Department requested that Golden 
Bird provide the Department with export documentation to corroborate 
Golden Bird's reported volume of U.S. sales found in its Section A 
response and in its U.S. sales database. Golden Bird was unable to 
produce documents to corroborate its Section A submission or its U.S. 
sales database. Therefore, based upon the post-preliminary results 
questionnaire responses, case briefs, and rebuttal briefs, the 
Department determines that it cannot rely on Golden Bird's 
questionnaire responses, including Section A which contains information 
with respect to Golden Bird's claim for separate rate status. As such, 
for purposes of these final results, we are treating Golden Bird as 
part of the PRC-wide entity. Because the PRC-wide entity, which 
includes Golden Bird, submitted unreliable information and failed to 
cooperate to the best of its ability, we determine the application of 
AFA is appropriate.\5\ Consistent with our practice, the Department 
relied upon the highest rate on the record of any segment of the 
proceeding, i.e., $4.71 per kilogram. The Department also corroborated 
that rate pursuant to section 776(c) of the Tariff Act of 1930, as 
amended (the Act).
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum at Comment 16; see also 
sections 776(a)(2) and 776(b) of the Act.
---------------------------------------------------------------------------

Corroboration of Secondary Information Used as Adverse Facts Available

    Section 776(c) of the Act provides that, where the Department 
selects from among the facts otherwise available and relies on 
``secondary information,'' the Department shall, to the extent 
practicable, corroborate that information from independent sources 
reasonably at the Department's disposal. Secondary information is 
described in the SAA as ``information derived from the petition that 
gave rise to the investigation or review, the final determination 
covering the subject merchandise, or any previous review under section 
751 concerning the subject merchandise.'' \6\ The SAA states that 
``corroborate meant to determine that the information used has 
probative value.'' \7\ The Department determines that to have probative 
value, information must be reliable and relevant.\8\ The SAA also 
states that

[[Page 36723]]

independent sources used to corroborate such evidence may include, for 
example, published price lists, official import statistics and customs 
data, and information obtained from interested parties during the 
particular investigation or review.\9\
---------------------------------------------------------------------------

    \6\ See Statement of Administrative Action accompanying the 
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, vol. 1 (1994) 
(SAA) at 870.
    \7\ Id.
    \8\ See, e.g., Tapered Roller Bearings and Parts Thereof, 
Finished and Unfinished, From Japan, and Tapered Roller Bearings 
Four Inches or Less in Outside Diameter, and Components Thereof, 
From Japan; Preliminary Results of Antidumping Duty Administrative 
Reviews and Partial Termination of Administrative Reviews, 61 FR 
57391, 57392 (November 6, 1996) (unchanged in final results).
    \9\ See SAA at 870; see also Notice of Preliminary Determination 
of Sales at Less Than Fair Value: High and Ultra-High Voltage 
Ceramic Station Post Insulators From Japan, 68 FR 35627, 35629 (June 
16, 2003) (unchanged in final determination); and Notice of Final 
Determination of Sales at Less Than Fair Value: Live Swine From 
Canada, 70 FR 12181, 12183 (March 11, 2005).
---------------------------------------------------------------------------

    To be considered corroborated, information must be found both 
reliable and relevant. As described in the Issues and Decision 
Memorandum, this AFA rate is both reliable and relevant. Therefore, we 
determine that it has probative value, and is thus in accordance with 
the requirement, under section 776(c) of the Act, that secondary 
information be corroborated to the extent practicable.

Final Determination of No Shipments

    Based upon a review of arguments made by Hejia in its case brief, 
the Department determines that Hejia had no reviewable transactions of 
subject merchandise during the POR.\10\ For these final results, the 
Department finds that the fourteen companies listed in Appendix I, 
including Hejia, had no shipments during the POR.\11\
---------------------------------------------------------------------------

    \10\ See Issues and Decision Memorandum at Comment 17.
    \11\ See Preliminary Results, 77 FR at 77654.
---------------------------------------------------------------------------

Withdrawal of Review Requests, Partial Rescission of the Administrative 
Review, and the PRC-Wide Entity

    As noted in the Preliminary Results, the Department is rescinding 
this review for Jinxiang Jinma Fruits Vegetables Products Co., Ltd. and 
Zhengzhou Harmoni Spice Co., Ltd. because: (1) Parties have timely 
withdrawn all review requests with respect to these companies; and, (2) 
these companies have separate rates from a prior completed segment of 
this proceeding. For these companies, antidumping duties shall be 
assessed at the rate entered.
    Also as noted in the Preliminary Results, the Department received 
timely withdrawal requests for 94 other companies. These companies do 
not have a separate rate, and, therefore, each currently remains part 
of the PRC-wide entity,\12\ which is subject to this administrative 
review. For these companies, antidumping duties shall be assessed at 
the PRC-wide entity rate indicated below.
---------------------------------------------------------------------------

    \12\ These 94 companies are included in the PRC-wide entity list 
at Appendix II.
---------------------------------------------------------------------------

    Of the remaining companies subject to these results, 20 are not 
eligible for a separate rate as they did not submit separate rate 
applications or certifications or were not subject to a withdrawal 
request.\13\ As a result, the Department determines that these 20 
companies are part of the PRC-wide entity.
---------------------------------------------------------------------------

    \13\ See Appendix II.
---------------------------------------------------------------------------

    In addition, the Department determines that Shijiazhuang Goodman 
Trading Co., Ltd.'s (Goodman) sales were not bona fide and rescinded 
its new shipper review. Because the sales subject to this review are 
the same sales found to be non-bona fide in the new shipper review, the 
Department is rescinding this administrative review with respect to 
Goodman. For our determination with respect to Goodman, please refer to 
the Issues and Decision Memorandum.

Final Results of the Administrative Review

    The Department determines that the following weighted-average 
dumping margins exist for the POR:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                        Exporter                              margin
                                                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Shenzhen Xinboda Industrial Co., Ltd....................           $1.82
Qingdao Xintianfeng Foods Co., Ltd......................            1.82
Shenzhen Bainong Co., Ltd...............................            1.82
Chegwu County Yuanxiang Industry & Commerce Co, Ltd.....            1.82
Yantai Jinyan Trading, Inc..............................            1.82
Jinxiang Merry Vegetable Co., Ltd.......................            1.82
Cangshan Qingshui Vegetable Foods Co., Ltd..............            1.82
Jining Yifa Garlic Produce Co., Ltd.....................            1.82
Jinan Farmlady Trading Co., Ltd.........................            1.82
Weifang Hongqiao International Logistics Co., Ltd.......            1.82
Rate Applicable to the Remaining Companies Under Review.            1.82
PRC-Wide Rate (which includes Hebei Golden Bird Trading             4.71
 Co., Ltd)..............................................
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations to parties in this proceeding 
within five days after the date of issuance of this notice in the 
Federal Register in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
these final results of review.\14\ In accordance with 19 CFR 
351.212(b)(1), for Xinboda, we are calculating importer- (or customer-) 
specific assessment rates for the merchandise subject to this review. 
For any individually examined respondent whose weighted-average dumping 
margin is above de minimis (i.e., 0.50 percent), the Department will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales and the total entered value of sales.\15\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate 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.
---------------------------------------------------------------------------

    \14\ We note that Goodman's entries are currently covered by a 
preliminary injunction in connection with the litigation concerning 
the new shipper review. See Shijiazhuang Goodman Trading Co. v. 
United States, CIT No. 14-00101. Therefore, these entries shall not 
be liquidated until the preliminary injunction is lifted.
    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For Golden Bird, entries will be assessed at the rate indicated 
above.
    For the separate rate companies not selected for individual 
examination, we will instruct CBP to apply the rate listed above to 
entries of subject merchandise exported by such companies and entered 
during the period of review. This rate is the same as the rate for the 
one mandatory respondent with a weighted-average dumping margin 
determined without using the facts otherwise available.
    For the PRC-wide entity, entries will be assessed at the PRC-wide 
rate indicated above.
    The Department recently announced a refinement to its assessment 
practice in NME cases.\16\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
companies

[[Page 36724]]

individually examined during this review, but that entered under the 
case number of that exporter (i.e., at the individually-examined 
exporter's cash deposit rate), the Department will instruct CBP to 
liquidate such entries at the PRC-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 PRC-wide rate.\17\
---------------------------------------------------------------------------

    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \17\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for 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 the companies listed above, 
the cash deposit rate will be the weighted-average dumping margins 
indicated above (except, if the rate is zero or de minimis, then zero 
cash deposit will be required); (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 published for the 
most recent period; (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 the PRC-wide rate of $4.71 per kilogram; and (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, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as 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 of Commerce'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). We request timely 
written notification of return or destruction of APO materials, or 
conversion to judicial protective order. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    The Department issues and publishes this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213.

    Dated: June 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Companies That Have Certified No Shipments

1. Jinxiang Chengda Imp. & Exp. Co., Ltd.
2. Foshan Fuyi Food Co., Ltd.
3. Heze Ever-Best International Trade Co., Ltd.
4. Zhengzhou Huachao Industrial, Co., Ltd.
5. Qingdao Maycarrier Import & Export Co., Ltd.
6. Jinxiang Merry Vegetable Co., Ltd.
7. Cangshan Qingshui Vegetable Foods Co., Ltd.
8. Qingdao Tiantaixing Foods Co., Ltd.
9. Qingdao Sea-line International Trading Co.
10. XuZhou Simple Garlic Industry Co., Ltd.
11. Jining Yongjia Trade Co. Ltd.
12. Jinxiang Yuanxin Imp. & Exp. Co., Ltd.
13. Shandong Jinxiang Zhengyang Import & Export Co. Ltd.
14. Jinxiang Hejia Co., Ltd.

Appendix II

List of Companies Subject to the PRC-Wide Rate

1. American Pioneer Shipping
2. Anhui Dongqian Foods Ltd.
3. Anqiu Friend Food Co., Ltd.
4. Anqiu Haoshun Trade Co., Ltd.
5. APM Global Logistics (Shanghai) Co., Ltd.
6. APS Qingdao
7. Chiping Shengkang Foodstuff Co., Ltd.
8. CMEC Engineering Machinery Import & Export Co., Ltd.
9. Dongying Shunyifa Chemical Co., Ltd.
10. Dynalink Systems Logistics (Qingdao) Inc.
11. Eimskip Logistics Inc.
12. Feicheng Acid Chemicals Co., Ltd.
13. Frog World Co., Ltd.
14. Golden Bridge International, Inc.
15. Guangxi Lin Si Fu Bang Trade Co., Ltd
16. Hangzhou Guanyu Foods Co., Ltd.
17. Hebei Golden Bird Trading Co., Ltd.
18. Henan Weite Industrial Co., Ltd.
19. Hongqiao International Logistics Co.
20. Intecs Logistics Service Co., Ltd.
21. IT Logistics Qingdao Branch
22. Jinan Solar Summit International Co., Ltd.
23. Jinan Yipin Corporation Ltd.
24. Jining De-Rain Trading Co., Ltd.
25. Jining Highton Trading Co., Ltd.
26. Jining Jiulong International Trading Co., Ltd.
27. Jining Tiankuang Trade Co., Ltd.
28. Jining Trans-High Trading Co., Ltd.
29. Jinxiang County Huaguang Food Import & Export Co., Ltd.
30. Jinxiang Dacheng Food Co., Ltd.
31. Jinxiang Dongyun Freezing Storage Co., Ltd. (a/k/a Jinxiang 
Eastward Shipping Import and Export Limited Company)
32. Jinxiang Dongyun Import & Export Co., Ltd.
33. Jinxiang Fengsheng Import & Export Co., Ltd.
34. Jinxiang Grand Agricultural Co., Ltd.
35. Jinxiang Infarm Fruits & Vegetables Co., Ltd.
36. Jinxiang Meihua Garlic Produce Co., Ltd.
37. Jinxiang Shanyang Freezing Storage Co., Ltd.
38. Jinxiang Shenglong Trade Co., Ltd.
39. Jinxiang Tianheng Trade Co., Ltd.
40. Jinxiang Tianma Freezing Storage Co., Ltd.
41. Jinxiang Xian Baishite Trade Co., Ltd. (a/k/a Jinxiang Best 
Trade Co., Ltd.)
42. Juye Homestead Fruits and Vegetables Co., Ltd.
43. Kingwin Industrial Co., Ltd.
44. Laiwu Fukai Foodstuff Co., Ltd.
45. Laizhou Xubin Fruits and Vegetables
46. Linshu Dading Private Agricultural Products Co., Ltd.
47. Linyi City Hedong District Jiuli Foodstuff Co.
48. Linyi City Kangfa Foodstuff Drinkable Co., Ltd.
49. Linyi Katayama Foodstuffs Co., Ltd.
50. Linyi Tianqin Foodstuff Co., Ltd.
51. Ningjin Ruifeng Foodstuff Co., Ltd.
52. Qingdao Apex Shipping Co., Ltd.
53. Qingdao BNP Co., Ltd.
54. Qingdao Cherry Leather Garment Co., Ltd.
55. Qingdao Chongzhi International Transportation Co., Ltd.
56. Qingdao Everfresh Trading Co., Ltd.
57. Qingdao Liang He International Trade Co., Ltd
58. Qingdao Lianghe International Trade Co., Ltd.
59. Qingdao Saturn International Trade Co., Ltd.
60. Qingdao Sino-World International Trading Co., Ltd.
61. Qingdao Winner Foods Co., Ltd.
62. Qingdao XinTian Feng Food Co., Ltd.
63. Qingdao Yuankang International
64. Qufu Dongbao Import & Export Trade Co., Ltd.
65. Rizhao Huasai Foodstuff Co., Ltd.
66. Samyoung America (Shanghai) Inc.
67. Shandong Chengshun Farm Produce Trading Co., Ltd.
68. Shandong Chenhe Intl Trading Co., Ltd.
69. Shandong China Bridge Imports
70. Shandong Dongsheng Eastsun Foods Co., Ltd.
71. Shandong Garlic Company
72. Shandong Longtai Fruits and Vegetables Co., Ltd.

[[Page 36725]]

73. Shandong Sanxing Food Co., Ltd.
74. Shandong Wonderland Organic Food Co., Ltd.
75. Shandong Xingda Foodstuffs Group Co., Ltd.
76. Shandong Yipin Agro (Group) Co., Ltd.
77. Shanghai Ever Rich Trade Company
78. Shanghai Goldenbridge International Co., Ltd.
79. Shanghai Great Harvest International Co., Ltd.
80. Shanghai LJ International Trading Co., Ltd.
81. Shanghai Medicines & Health Products Import/Export Co., Ltd.
82. Shanghai Yijia International Transportation Co., Ltd.
83. Shenzhen Fanhui Import & Export Co., Ltd.
84. Shenzhen Greening Trading Co., Ltd.
85. Shenzhen Xunong Trade Co., Ltd.
86. Shijiazhuang Goodman Trading Co., Ltd.
87. Sunny Import & Export Limited
88. T&S International, LLC.
89. Taian Eastsun Foods Co., Ltd.
90. Taian Fook Huat Tong Kee Pte. Ltd.
91. Taian Solar Summit Food Co., Ltd.
92. Taiyan Ziyang Food Co., Ltd.
93. Tianjin Spiceshi Co., Ltd.
94. U.S. United Logistics (Ningbo) Inc.
95. V.T. Impex (Shandong) Limited
96. Weifang Chenglong Import & Export Co., Ltd.
97. Weifang He Lu Food Import & Export Co., Ltd.
98. Weifang Hong Qiao International Logistics Co., Ltd.
99. Weifang Jinbao Agricultural Equipment Co., Ltd.
100. Weifang Naike Foodstuffs Co., Ltd.
101. Weifang Shennong Foodstuff Co., Ltd.
102. Weihai Textile Group Import & Export Co., Ltd.
103. WSSF Corporation (Weifang)
104. Xiamen Huamin Import Export Company
105. Xiamen Keep Top Imp. and Exp. Co., Ltd.
106. Xinjiang Top Agricultural Products Co., Ltd.
107. XuZhou Heiners Agricultural Co., Ltd.
108. Yishui Hengshun Food Co., Ltd.
109. You Shi Li International Trading Co., Ltd.
110. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd.
111. Zhengzhou Dadi Garlic Industry Co., Ltd.
112. Zhengzhou Xiwannian Food Co., Ltd.
113. Zhengzhou Xuri Import & Export Co., Ltd.
114. Zhengzhou Yuanli Trading Co., Ltd.
115. Zhong Lian Farming Product (Qingdao) Co., Ltd.

Appendix III

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
Comment 2: Use of MERALCO to Calculate Electricity Rates
Comment 3: Excluding NME Country Data in Import Statistics
Comment 4: Excluding Data from Countries With Export Subsidies
Comment 5: Excluding Outlier (Aberrational) Data Using Statistical 
Tools
Comment 6: Deducting Transportation Costs
Comment 7: Adjusting Brokerage and Handling Fees in CIF
Comment 8: Adjusting the Philippine ILO 6A Labor Calculation
Comment 9: Deducting Export Letter of Credit Fees
Comment 10: Adjusting SVs to Reflect Net kg
Comment 11: Using CIF Values Instead of FOB Values
Comment 12: Wholesale versus Farm Gate Prices
Comment 13: Differential Pricing Methodology Challenge
Comment 14: Country Wide Rate Challenge
Comment 15: 15-Day Liquidation Instruction Policy Challenge
Comment 16: Fraud Allegation Concerning Golden Bird's Export 
Declarations to GACC
Comment 17: Hejia Ministerial Error, Certification of No Shipments
Comment 18: Separate Rate Request for Goodman
Comment 19: Weighted Average Margin Calculation for Goodman
Comment 20: Contemporaneous Calculation of SVs for Goodman
Comment 21: Separate Briefing Schedule for Golden Bird's SQR 
Recommendation

[FR Doc. 2014-15279 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-DS-P