Fresh Garlic From the People's Republic of China: Preliminary Results and Partial Rescission of the 21st Antidumping Duty Administrative Review; 2014-2015, 89050-89053 [2016-29569]
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
respective case briefs. If a request for a
hearing is made, parties will be notified
of the date and time of the hearing to be
held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), the
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in all written case
briefs, within 120 days after the
issuance of these preliminary results.
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Unexamined Respondents
Postponement of Preliminary Determination
Methodology
Fair Value Comparisons
Determination of Comparison Method
Product Comparisons
Date of Sale
Level of Trade
Export Price
Cost of Production
Normal Value
Currency Conversion
Recommendation
[FR Doc. 2016–29544 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary Results
and Partial Rescission of the 21st
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the 21st
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC), covering the period of review
(POR) November 1, 2014, through
October 31, 2015. This review covers 42
manufacturers/exporters of subject
merchandise. We preliminarily find that
the mandatory respondents Zhengzhou
Harmoni Spice Co., Ltd (Harmoni) and
Qingdao Tiantaixing Foods Co., Ltd.
(QTF) each failed to cooperate to the
best of its ability. As a result, we
preliminarily find that Harmoni has not
rebutted the presumption that it is part
of the PRC-wide entity, and we
preliminarily base QTF’s dumping
margin on adverse facts available. In
addition, we preliminarily find that
voluntary respondent Shenzhen
Xinboda Industrial Co., Ltd. (Xinboda)
made sales of subject merchandise at
less than normal value (NV). We invite
interested parties to comment on these
preliminary results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6251 or
(202) 482–4956.
AGENCY:
Scope of the Order
The merchandise covered by the order
includes all grades of garlic, whole or
separated into constituent cloves. Fresh
garlic that are subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive. For a
full description of the scope of this
order, please see ‘‘III. Scope of the
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Order’’ in the accompanying
Preliminary Decision Memorandum.1
Partial Rescission of Administrative
Review
On January 7, 2016, the Department
initiated a review of 42 companies in
this proceeding.2 On March 11, 2016,
withdrawal requests were timely filed
for 14 companies.3 The Department is,
therefore, partially rescinding this
review with respect to the companies
listed in Appendix I, in accordance with
19 CFR 351.213(d)(1).
Affiliation
For the reasons set forth in the
Preliminary Decision Memorandum and
in accordance with 19 CFR 351.401(f),
and the Department’s practice, we are
treating QTF, Qingdao Tianhefeng
Foods Co., Ltd. (QTHF), Qingdao
Beixing Trading Co., Ltd. (QBT),
Qingdao Lianghe International Trade
Co., Ltd. (Lianghe), and Qingdao
Xintianfeng Foods Co., Ltd (QXF) as a
single entity, for the purposes of this
preliminary determination.4
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export prices were
calculated in accordance with section
772(a) of the Act. Because the PRC is a
non-market economy (NME) within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act. We
relied, in part, on the facts available,
with adverse inferences, for our
preliminary determination, in
accordance with section 776 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Results of the
2014–2015 Antidumping Duty Administrative
Review: Fresh Garlic From the People’s Republic of
China’’ (December 5, 2016) (Preliminary Decision
Memorandum).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (Initiation Notice). For a list
of the 42 companies, see id. at 81 FR 738–739.
3 See Letter from Petitioners, ‘‘21st
Administrative Review of the Antidumping Duty
Order on Fresh Garlic From the People’s Republic
of China—Petitioners’ Withdrawal of Certain
Requests for Administrative Review,’’ (March 11,
2016).
4 See Preliminary Decision Memorandum
‘‘Affiliations’’ section.
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.5 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
review, the entity is not under review
and the entity’s rate (i.e., $4.71/kg) is
not subject to change. Aside from the no
shipments companies discussed below,
and the companies for which the review
is being rescinded, the Department
considers all other companies for which
a review was requested, and which did
not preliminarily qualify for a separate
rate, to be part of the PRC-wide entity.
For additional information, see the
Preliminary Decision Memorandum.
Preliminary Determination of Separate
Rates for Non-Selected Companies
In accordance with section
777A(c)(2)(B) of the Act, the Department
employed a limited examination
methodology, as it determined that it
would not be practicable to examine
individually all companies for which a
review request was made.6 There were
five exporters of subject merchandise
from the PRC that have demonstrated
their eligibility for a separate rate but
were not selected for individual
examination in this review. These five
exporters are listed in Appendix II.
Neither the Act nor the Department’s
regulations address the establishment of
the rate applied to individual
companies not selected for examination
where the Department limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. The Department’s practice in cases
involving limited selection based on
exporters accounting for the largest
volume of imports has been to look to
section 735(c)(5) of the Act for guidance,
which provides instructions for
calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the
Act instructs the Department to use
rates established for individually
investigated producers and exporters,
excluding any rates that are zero, de
minimis, or based entirely on facts
available in investigations. In this
review, we calculated a preliminary
weighted-average dumping margin for
Xinboda, while we preliminarily
determined that the application of facts
available with adverse inferences is
warranted for Harmoni and QTF.
Therefore for the preliminary results,
the Department has preliminarily
determined to assign Xinboda’s rate to
the non-selected separate-rate
companies.
Preliminary Determination of No
Shipments
The companies listed in Appendix III
timely filed ‘‘no shipment’’
certifications stating that they had no
entries into the United States of subject
merchandise during the POR. Consistent
with its practice, the Department asked
U.S. Customs and Border Protection
(CBP) to conduct a query of potential
shipments made by these companies.
CBP provided information 7 that
indicated that one of the companies had
shipments into the United States during
the POR. In addition, the Department
has found two of these companies to be
a part of the QTF entity, discussed
further in the ‘‘Affiliations’’ section of
the Preliminary Decision Memorandum.
Based on the certifications by the
remaining companies and our analysis
of CBP information, we preliminarily
determine that the companies listed in
Appendix III did not have any
reviewable transactions during the POR.
In addition, the Department finds that
consistent with its refinement to its
assessment practice in NME cases,
further discussed below, it is
appropriate not to preliminarily rescind
the review, in part, in these
circumstances, but rather to complete
the review with respect to these 10
companies, and issue appropriate
instructions to CBP based on the final
results of the review.8
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period November 1, 2014, through
October 31, 2015:
Weightedaverage
margin
(dollars per
kilogram)
Exporter
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Shenzhen Xinboda Industrial Co., Ltd ...........................................................................................................................................
Jinan Farmlady Trading Co., Ltd ...................................................................................................................................................
Jining Alpha Food Co., Ltd ............................................................................................................................................................
Shandong Jinxiang Zhengyang Import & Export Co., Ltd ............................................................................................................
Shenzhen Bainong Co., Ltd ..........................................................................................................................................................
Weifang Hongqiao International Logistics Co., Ltd .......................................................................................................................
Qingdao Tiantaixing Foods Co., Ltd ..............................................................................................................................................
PRC-Wide Rate .............................................................................................................................................................................
5 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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6 See Memorandum to Edward Yang,
‘‘Administrative Review of the Antidumping Duty
Order on Fresh Garlic From the People’s Republic
of China: Respondent Selection Memorandum,’’
dated March 1, 2016.
7 See Memorandum from Alexander Cipolla,
‘‘21st Administrative Review of Fresh Garlic From
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2.27
2.27
2.27
2.27
2.27
2.27
4.71
4.71
the People’s Republic of China: Concerning
Shenzhen Yuting Foodstuff Co., Ltd.’s No Shipment
Certification,’’ dated December 5, 2016.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011); see also
‘‘Assessment Rates’’ section below.
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Disclosure, Public Comment and
Opportunity To Request a Hearing
The Department intends to disclose
the calculations used in our analysis to
parties in this review within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Interested parties may submit written
comments (case briefs) no later than 30
days after the date of publication of
these preliminary results of review,
pursuant to 19 CFR 351.309(c)(ii) and
rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs, pursuant to 19 CFR
351.(d)(1). Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and, (3) a
table of authorities. See 19 CFR 351.303
(for general filing requirements). All
electronically filed documents must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS.
Pursuant to 19 CFR 351.310, any
interested party may request a hearing
within 30 days of publication of this
notice. Hearing requests should contain
the following information: (1) The
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. Oral presentations will be
limited to issues raised in the case and
rebuttal briefs. Id. If a party requests a
hearing, the Department will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing.
The Department intends to issue the
final results of this review, including
the results of its analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b). 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,
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for consumption, in accordance with 19
CFR 351.212(c)(l)(i).9 The Department
will direct CBP to assess rates based on
the per-unit (i.e., per kilogram) amount
on each entry of the subject
merchandise during the POR. The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
review.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for merchandise that was
not reported in the U.S. sales databases
submitted by an exporter individually
examined during this review, but that
entered under the case number of that
exporter (i.e., at the individuallyexamined exporter’s cash deposit rate),
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 PRC-wide rate.10
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 sections 751(a)(2)
of the Act: (1) For the companies listed
above, the cash deposit rate will be the
rate established in these final results of
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, 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 which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 4.71 U.S. dollars
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
9 If
our determination in the final results is to
rescind this administrative review with respect to
Kaihua, then we will not issue liquidation
instructions for Jinxiang Kaihua Import & Export
Co., unless the preliminary injunction entered on
October 22, 2015, in Court of International Trade
case number 15–00289 has lifted.
10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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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 serves as a preliminary
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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Companies For Which
Reviews Have Been Rescinded
1. Anqiu Friend Food Co., Ltd.
2. Jinxiang Chengda Import & Export Co., Ltd.
3. Jinxiang Infarm Fruits & Vegetables Co.,
Ltd.
4. Jinxiang Tianma Freezing Storage Co., Ltd.
5. Nanyang Nianfeng Food Co., Ltd.
6. Qingdao Jia Shan Trade Co.
7. Qingdao Ritai Food Co., Ltd.
8. Shandong Helu International Trade Co.,
Ltd.
9. Shandong Libaqiang
10. Shandong Longtai Fruits and Vegetables
Co., Ltd.
11. Weifang Naike Foodstuffs Co., Ltd.
12. Weifang Shennong Foodstuff Co., Ltd.
13. Weifang Wangyuan Food Co., Ltd.
14. Zhengzhou Xiwannian Food Co., Ltd.
Appendix II—Non-Selected Separate
Rate Companies
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Alpha Food Co., Ltd.
3. Shandong Jinxiang Zhengyang Import &
Export Co., Ltd.
4. Shenzhen Bainong Co., Ltd.
5. Weifang Hongqiao International Logistics
Co., Ltd.
Appendix III—Companies That Have
Certified No Shipments
1. Jining Yifa Garlic Produce Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co.,
Ltd.
3. Jining Shunchang Import & Export Co.,
Ltd.
4. Jinxiang Guihua Food Co., Ltd.
5. Jinxiang Richfar Fruits & Vegetables Co.,
Ltd.
6. Qingdao Maycarrier Import & Export Co.,
Ltd.
7. Qingdao Sea-Line International Trading
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Co., Ltd.
8. Shandong Chenhe International Trading
Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Yantai Jinyan Trading, Inc.
[FR Doc. 2016–29569 Filed 12–8–16; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on steel
concrete reinforcing bar (rebar) from
Mexico, covering the period April 24,
2014, through October 31, 2015. The
review covers Deacero S.A.P.I de C.V.
(Deacero), and Grupo Simec S.A.B. de
C.V. (Grupo Simec). We preliminarily
determine that Deacero made sales of
subject merchandise at less than normal
value during the period of review (POR),
and that Grupo Simec did not.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore for Deacero or Patricia
Tran for Grupo Simec, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3692 or (202) 482–1503,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On January 7, 2016, the Department
published a notice of initiation of an
administrative review of the
antidumping order on rebar from
Mexico.1
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll all administrative deadlines due to
a closure of the Federal Government. As
a result, the revised deadline for the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016).
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preliminary results of this review was
August 5, 2016.2 On July 14, 2016, the
Department extended the deadline for
the preliminary results to December 5,
2016.3
Scope of the Order
Imports covered by the order are
shipments of steel concrete reinforcing
bar imported in either straight length or
coil form (rebar) regardless of
metallurgy, length, diameter, or grade.
The merchandise subject to review is
currently classifiable under items
7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise
may also enter under other Harmonized
Tariff Schedule of the United States
(HTSUS) numbers including
7215.90.1000, 7215.90.5000,
7221.00.0015, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and
7228.60.6000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.4
Methodology
The Department is conducting this
review in accordance with section
751(a)(1) and (2) of the Tariff Act of
1930, as amended (the Act). Constructed
export price or export price is calculated
in accordance with section 772 of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary results, see the Preliminary
Decision Memorandum dated
concurrently with this notice and
hereby adopted by this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
2 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During Snowstorm ‘Jonas,’ ’’
dated January 27, 2016. If the new deadline falls on
a non-business day, in accordance with the
Department’s practice, the deadline will become the
next business day.
3 See Memorandum, titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 14, 2016.
4 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Steel Concrete Reinforcing Bar from
Mexico; 2014–2015,’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated concurrently with this notice
(Preliminary Decision Memorandum).
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89053
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period April 24, 2014, through
October 31, 2015:
Producer and/or exporter
Deacero ......................................
Grupo Simec 5 ............................
Weightedaverage
dumping
margin
(percent)
0.56
0.00
Assessment Rate
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.6 If the weighted-average
dumping margin for Deacero or Grupo
Simec is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either the
respondent’s weighted-average dumping
5 Pursuant to section 771(33)(B), (F) and (G) of the
Act, the Department found Grupo Simec S.A.B. de
C.V. affiliated with the following producers: Orge
S.A. de C.V.; Compania Siderurgica del Pacifico
S.A. de C.V.; Grupo Chant S.A.P.I. de C.V.; RRLC
S.A.P.I. de C.V.; Siderurgica del Occidente y
Pacifico S.A. de C.V.; Simec International 6 S.A. de
C.V.; Simec International 7 S.A. de C.V.; and Simec
International 9 S.A. de C.V. and collapsed and
treated as a single entity in this administrative
review pursuant to 19 CFR 351.401(f). The
collective entity is Grupo Simec.
6 See 19 CFR 351.212(b).
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89050-89053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29569]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Results and Partial Rescission of the 21st Antidumping Duty
Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is conducting the 21st
administrative review of the antidumping duty order on fresh garlic
from the People's Republic of China (PRC), covering the period of
review (POR) November 1, 2014, through October 31, 2015. This review
covers 42 manufacturers/exporters of subject merchandise. We
preliminarily find that the mandatory respondents Zhengzhou Harmoni
Spice Co., Ltd (Harmoni) and Qingdao Tiantaixing Foods Co., Ltd. (QTF)
each failed to cooperate to the best of its ability. As a result, we
preliminarily find that Harmoni has not rebutted the presumption that
it is part of the PRC-wide entity, and we preliminarily base QTF's
dumping margin on adverse facts available. In addition, we
preliminarily find that voluntary respondent Shenzhen Xinboda
Industrial Co., Ltd. (Xinboda) made sales of subject merchandise at
less than normal value (NV). We invite interested parties to comment on
these preliminary results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6251 or (202) 482-4956.
Scope of the Order
The merchandise covered by the order includes all grades of garlic,
whole or separated into constituent cloves. Fresh garlic that are
subject to the order are currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided
for convenience and customs purposes, the written product description
remains dispositive. For a full description of the scope of this order,
please see ``III. Scope of the Order'' in the accompanying Preliminary
Decision Memorandum.\1\
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\1\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Decision Memorandum for the Preliminary Results of the 2014-2015
Antidumping Duty Administrative Review: Fresh Garlic From the
People's Republic of China'' (December 5, 2016) (Preliminary
Decision Memorandum).
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Partial Rescission of Administrative Review
On January 7, 2016, the Department initiated a review of 42
companies in this proceeding.\2\ On March 11, 2016, withdrawal requests
were timely filed for 14 companies.\3\ The Department is, therefore,
partially rescinding this review with respect to the companies listed
in Appendix I, in accordance with 19 CFR 351.213(d)(1).
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (Initiation
Notice). For a list of the 42 companies, see id. at 81 FR 738-739.
\3\ See Letter from Petitioners, ``21st Administrative Review of
the Antidumping Duty Order on Fresh Garlic From the People's
Republic of China--Petitioners' Withdrawal of Certain Requests for
Administrative Review,'' (March 11, 2016).
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Affiliation
For the reasons set forth in the Preliminary Decision Memorandum
and in accordance with 19 CFR 351.401(f), and the Department's
practice, we are treating QTF, Qingdao Tianhefeng Foods Co., Ltd.
(QTHF), Qingdao Beixing Trading Co., Ltd. (QBT), Qingdao Lianghe
International Trade Co., Ltd. (Lianghe), and Qingdao Xintianfeng Foods
Co., Ltd (QXF) as a single entity, for the purposes of this preliminary
determination.\4\
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\4\ See Preliminary Decision Memorandum ``Affiliations''
section.
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Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export
prices were calculated in accordance with section 772(a) of the Act.
Because the PRC is a non-market economy (NME) within the meaning of
section 771(18) of the Act, NV has been calculated in accordance with
section 773(c) of the Act. We relied, in part, on the facts available,
with adverse inferences, for our preliminary determination, in
accordance with section 776 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
[[Page 89051]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
PRC-Wide Entity
The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\5\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the entity is not under review and the entity's rate
(i.e., $4.71/kg) is not subject to change. Aside from the no shipments
companies discussed below, and the companies for which the review is
being rescinded, the Department considers all other companies for which
a review was requested, and which did not preliminarily qualify for a
separate rate, to be part of the PRC-wide entity. For additional
information, see the Preliminary Decision Memorandum.
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Preliminary Determination of Separate Rates for Non-Selected Companies
In accordance with section 777A(c)(2)(B) of the Act, the Department
employed a limited examination methodology, as it determined that it
would not be practicable to examine individually all companies for
which a review request was made.\6\ There were five exporters of
subject merchandise from the PRC that have demonstrated their
eligibility for a separate rate but were not selected for individual
examination in this review. These five exporters are listed in Appendix
II.
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\6\ See Memorandum to Edward Yang, ``Administrative Review of
the Antidumping Duty Order on Fresh Garlic From the People's
Republic of China: Respondent Selection Memorandum,'' dated March 1,
2016.
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Neither the Act nor the Department's regulations address the
establishment of the rate applied to individual companies not selected
for examination where the Department limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act. The
Department's practice in cases involving limited selection based on
exporters accounting for the largest volume of imports has been to look
to section 735(c)(5) of the Act for guidance, which provides
instructions for calculating the all-others rate in an investigation.
Section 735(c)(5)(A) of the Act instructs the Department to use rates
established for individually investigated producers and exporters,
excluding any rates that are zero, de minimis, or based entirely on
facts available in investigations. In this review, we calculated a
preliminary weighted-average dumping margin for Xinboda, while we
preliminarily determined that the application of facts available with
adverse inferences is warranted for Harmoni and QTF. Therefore for the
preliminary results, the Department has preliminarily determined to
assign Xinboda's rate to the non-selected separate-rate companies.
Preliminary Determination of No Shipments
The companies listed in Appendix III timely filed ``no shipment''
certifications stating that they had no entries into the United States
of subject merchandise during the POR. Consistent with its practice,
the Department asked U.S. Customs and Border Protection (CBP) to
conduct a query of potential shipments made by these companies. CBP
provided information \7\ that indicated that one of the companies had
shipments into the United States during the POR. In addition, the
Department has found two of these companies to be a part of the QTF
entity, discussed further in the ``Affiliations'' section of the
Preliminary Decision Memorandum. Based on the certifications by the
remaining companies and our analysis of CBP information, we
preliminarily determine that the companies listed in Appendix III did
not have any reviewable transactions during the POR. In addition, the
Department finds that consistent with its refinement to its assessment
practice in NME cases, further discussed below, it is appropriate not
to preliminarily rescind the review, in part, in these circumstances,
but rather to complete the review with respect to these 10 companies,
and issue appropriate instructions to CBP based on the final results of
the review.\8\
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\7\ See Memorandum from Alexander Cipolla, ``21st Administrative
Review of Fresh Garlic From the People's Republic of China:
Concerning Shenzhen Yuting Foodstuff Co., Ltd.'s No Shipment
Certification,'' dated December 5, 2016.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rates'' section below.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period November 1, 2014,
through October 31, 2015:
------------------------------------------------------------------------
Weighted- average
Exporter margin (dollars
per kilogram)
------------------------------------------------------------------------
Shenzhen Xinboda Industrial Co., Ltd................. 2.27
Jinan Farmlady Trading Co., Ltd...................... 2.27
Jining Alpha Food Co., Ltd........................... 2.27
Shandong Jinxiang Zhengyang Import & Export Co., Ltd. 2.27
Shenzhen Bainong Co., Ltd............................ 2.27
Weifang Hongqiao International Logistics Co., Ltd.... 2.27
Qingdao Tiantaixing Foods Co., Ltd................... 4.71
PRC-Wide Rate........................................ 4.71
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[[Page 89052]]
Disclosure, Public Comment and Opportunity To Request a Hearing
The Department intends to disclose the calculations used in our
analysis to parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments (case briefs) no
later than 30 days after the date of publication of these preliminary
results of review, pursuant to 19 CFR 351.309(c)(ii) and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs, pursuant to 19 CFR 351.(d)(1). Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and, (3) a table of authorities. See 19 CFR 351.303 (for
general filing requirements). All electronically filed documents must
be received successfully in its entirety by the Department's electronic
records system, ACCESS.
Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 30 days of publication of this notice. Hearing requests
should contain the following information: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Oral presentations will be
limited to issues raised in the case and rebuttal briefs. Id. If a
party requests a hearing, the Department will inform parties of the
scheduled date for the hearing which will be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the
hearing.
The Department intends to issue the final results of this review,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review, in accordance with 19 CFR 351.212(b). 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)(l)(i).\9\ The
Department will direct CBP to assess rates based on the per-unit (i.e.,
per kilogram) amount on each entry of the subject merchandise during
the POR. The Department intends to issue assessment instructions to CBP
15 days after the publication date of the final results of review.
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\9\ If our determination in the final results is to rescind this
administrative review with respect to Kaihua, then we will not issue
liquidation instructions for Jinxiang Kaihua Import & Export Co.,
unless the preliminary injunction entered on October 22, 2015, in
Court of International Trade case number 15-00289 has lifted.
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for merchandise
that was not reported in the U.S. sales databases submitted by an
exporter 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 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 PRC-wide rate.\10\
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\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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
sections 751(a)(2) of the Act: (1) For the companies listed above, the
cash deposit rate will be the rate established in these final results
of review (except, if the rate is zero or de minimis, then zero cash
deposit will be required for that company); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, 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 which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 4.71 U.S. dollars 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 requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Companies For Which Reviews Have Been Rescinded
1. Anqiu Friend Food Co., Ltd.
2. Jinxiang Chengda Import & Export Co., Ltd.
3. Jinxiang Infarm Fruits & Vegetables Co., Ltd.
4. Jinxiang Tianma Freezing Storage Co., Ltd.
5. Nanyang Nianfeng Food Co., Ltd.
6. Qingdao Jia Shan Trade Co.
7. Qingdao Ritai Food Co., Ltd.
8. Shandong Helu International Trade Co., Ltd.
9. Shandong Libaqiang
10. Shandong Longtai Fruits and Vegetables Co., Ltd.
11. Weifang Naike Foodstuffs Co., Ltd.
12. Weifang Shennong Foodstuff Co., Ltd.
13. Weifang Wangyuan Food Co., Ltd.
14. Zhengzhou Xiwannian Food Co., Ltd.
Appendix II--Non-Selected Separate Rate Companies
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Alpha Food Co., Ltd.
3. Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
4. Shenzhen Bainong Co., Ltd.
5. Weifang Hongqiao International Logistics Co., Ltd.
Appendix III--Companies That Have Certified No Shipments
1. Jining Yifa Garlic Produce Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co., Ltd.
3. Jining Shunchang Import & Export Co., Ltd.
4. Jinxiang Guihua Food Co., Ltd.
5. Jinxiang Richfar Fruits & Vegetables Co., Ltd.
6. Qingdao Maycarrier Import & Export Co., Ltd.
7. Qingdao Sea-Line International Trading
[[Page 89053]]
Co., Ltd.
8. Shandong Chenhe International Trading Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Yantai Jinyan Trading, Inc.
[FR Doc. 2016-29569 Filed 12-8-16; 8:45 a.m.]
BILLING CODE 3510-DS-P
