Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 22nd Antidumping Duty Administrative Review and Final Result and Rescission, in Part, of the New Shipper Reviews; 2015-2016, 27949-27952 [2018-12898]
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27949
Notices
Federal Register
Vol. 83, No. 116
Friday, June 15, 2018
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the collection of information unless it
displays a currently valid OMB control
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DEPARTMENT OF AGRICULTURE
National Agricultural Statistics Service
Title: Census of Aquaculture.
OMB Control Number: 0535–0237.
Summary of Collection: The primary
objective of the 2018 Census of
Aquaculture is to obtain a
comprehensive and detailed picture of
the aquaculture sector of the economy.
The census of agriculture is required by
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Act of 1997,’’ Public Law 105–113 (Title
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Need and Use of the Information: The
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industry to evaluate policy and
programs, make marketing decisions,
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Description of Respondents: Farms;
Business or other for-profit.
Number of Respondents: 6,100.
Submission for OMB Review;
Comment Request
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June 12, 2018.
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Frequency of Responses: Reporting:
One-time (Every 5-years).
Total Burden Hours: 3,073.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2018–12860 Filed 6–14–18; 8:45 am]
BILLING CODE 3410–20–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 22nd
Antidumping Duty Administrative
Review and Final Result and
Rescission, in Part, of the New Shipper
Reviews; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) published the Preliminary
Results of the 22nd administrative
review and two concurrent new shipper
reviews of the antidumping duty order
on fresh garlic from the People’s
Republic of China (China) on December
7, 2017. The period of review (POR) is
November 1, 2015, through October 31,
2016. We made no changes to the
margin calculated for mandatory
respondent Shandong Jinxiang
Zhengyang Import & Export Co., Ltd.
(Zhengyang), or for new shipper
respondent Zhengzhou Yudi Shengjin
Agricultural Trade Co., Ltd. (Yudi), and
continue to find that they made sales
below normal value. In addition, we are
rescinding the new shipper review with
respect to Qingdao Joinseafoods Co.,
Ltd. and Join Food Ingredient Inc.’s
(collectively, Join).
DATES: Applicable June 15, 2018.
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, respectively.
SUPPLEMENTARY INFORMATION: The
mandatory respondents in this
administrative review are: Zhengzhou
AGENCY:
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Harmoni Spice Co., Ltd. (Harmoni), and
Zhengyang. The new shipper review
(NSR) respondents are Join and Yudi.
Commerce published the Preliminary
Results on December 7, 2017, in which
it preliminarily determined that
Zhengyang, Join, and Yudi sold
merchandise to the United States at less
than normal value.1 We also
preliminarily granted a separate rate to
six companies which demonstrated
their eligibility for separate rate status,
but were not selected for individual
examination.2 We preliminarily
rescinded the review with respect to the
seven companies, including Harmoni,
for which a valid review request did not
exist.3 In accordance with 19 CFR
351.309, we invited parties to comment
on our Preliminary Results. The
petitioners,4 the CFTG,5 Zhengyang,
Join, and Yudi timely filed case briefs,
pursuant to our regulations.6
Additionally, the petitioners, Join, and
Harmoni timely filed rebuttal briefs.7
The deadline for the final results of this
review was originally April 9, 2018. On
March 14, 2018, Commerce extended
the deadline in this proceeding by 60
days to June 8, 2018.8
Based upon our analysis of the
comments and information received,
Commerce continues to find that the
review request made by the Coalition for
Fair Trade in Garlic (the CFTG) was not
valid, and accordingly have rescinded
the review with respect to seven
companies, including the other
mandatory respondent Harmoni, for
which a valid review request does not
exist. As discussed below, Commerce
finds that Join withheld requested
information, significantly impeded the
new shipper review, and did not
cooperate to the best of its ability.
Accordingly, pursuant to sections 776(a)
and (b) of the Tariff Act of 1930, as
amended (the Act), we have used an
adverse inference in selecting from
among the facts otherwise available, and
have found Join’s sale not bona fide, and
have rescinded the review of Join.
1 See Fresh Garlic from the People’s Republic of
China: Preliminary Results, Preliminary Rescission,
and Final Rescission, in Part, of the 22nd
Antidumping Duty Administrative Review and
Preliminary Results of the New Shipper Reviews;
2015–2016, 82 FR 57718 (December 7, 2017)
(Preliminary Results) and accompanying Issues and
Decision Memorandum (PDM).
2 Id.
3 Id.
4 The petitioners are the Fresh Garlic Producers
Association (FGPA) and its individual members:
Christopher Ranch LLC, The Garlic Company,
Valley Garlic, and Vessey and Company, Inc.
5 The CFTG, at the time of initiation, consisted of
Mr. Avrum Katz of Boxcar Farm, Mr. Stanley
Crawford of El Bosque Farm, Ms. Susanne Sanford
of Sanford Farm, and Mr. Alex Pino of Revolution
Farm.
6 See CFTG’s Letter, ‘‘Case Brief: Filed on Behalf
of the Coalition for Fair Trade in Garlic in the 22nd
Administrative Review of Fresh Garlic from China,’’
dated April 25, 2018 (CFTG’s Case Brief); see also
Zhengyang’s Letter, ‘‘Fresh Garlic from the People’s
Republic of China—Case Brief,’’ dated April 25,
2018. (Commerce rejected Zhengyang’s Case Brief
for containing unsolicited new factual information.
see Commerce’s Letter, ‘‘22nd Antidumping Duty
Administrative Review of Fresh Garlic from the
People’s Republic of China: Request for Removal of
Untimely New Factual Information’’ dated May 15,
2018. Memorandum); see also Yudi’s Letter, ‘‘Case
Brief’’ dated April 25, 2018 (Yudi’s Case Brief); see
also Join’s Letter, ‘‘Case Brief’’ dated April 25, 2018
(Join’s Case Brief); see also the Petitioners’ Letter,
‘‘Petitioners’ Case Brief’’ dated April 25, 2018
(Petitioners’ NSR Case Brief).
7 See the Petitioners’ Letter, ‘‘Petitioners’ Rebuttal
Brief,’’ dated May 2, 2018 (Petitioners’ NSR
Rebuttal Brief); see also Join’s Letter, ‘‘Rebuttal Case
Brief’’ dated May 2, 2018 (Join’s Rebuttal Brief); see
also the Petitioners’ Letter, ‘‘Fresh Garlic from the
People’s Republic of China: Petitioners’ Rebuttal
Brief,’’ dated May 2, 2018 (the Petitioners’ Rebuttal
Brief); see also Harmoni’s Letter, ‘‘Harmoni
Administrative Review Reply Brief: 22nd
Administrative Review of the Antidumping Duty
Order on Fresh Garlic from the People’s Republic
of China (A–570–831),’’ dated May 2, 2018
(Harmoni’s Rebuttal Brief).
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) 0703.20.0000,
0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020,
0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000,
0711.90.6500, 2005.90.9500,
2005.90.9700, 2005.99.9700. 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 ‘‘Scope of
the Order’’ in the accompanying Issues
and Decision Memorandum.9
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Scope of the Order
Partial Rescission of Administrative
Review
As discussed in the IDM,10 Commerce
is rescinding the review with respect to
seven companies, including mandatory
respondent Harmoni, based on
Commerce’s determination that the
CFTG’s request for review was not valid.
See Appendix IV for the companies for
8 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—22nd Administrative
Review (2015–2016): extension of Deadline for the
Final Results of the Review,’’ dated March 15, 2017.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results and Final
Rescission of the Antidumping Duty Administrative
Review and New Shipper Reviews: Fresh Garlic
from the People’s Republic of China; 2014–2015,’’
dated concurrently with this notice (IDM).
10 See IDM at 6, 24.
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Frm 00002
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which administrative reviews have been
rescinded in these final results.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs by parties in this
review in the IDM. Appendix I provides
a list of the issues which parties raised.
The IDM is a public document and is on
file in the Central Records Unit (CRU),
Room B8024 of the main Department of
Commerce building, as well as
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
CRU. In addition, a complete version of
the IDM can be accessed directly on the
internet at https://enforcement.trade.gov/
frn/. The signed IDM and the
electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the IDM, including the application of
facts available with an adverse
inference, we revised our decision
regarding Join’s cooperation and have
rescinded the new shipper review, as
discussed below. Further, we have
determined that the QTF-Entity is
eligible for a separate rate.
Rescission of New Shipper Review
As discussed in the IDM, Commerce
has analyzed the bona fides of Join’s
single sale and found that it was not a
bona fide sale, and thus not reviewable
pursuant to section 751(a)(2)(B)(iv) of
the Act.11 Commerce reached this
conclusion based on its consideration of
the totality of circumstances, including:
The timing of the payment, the parties’
implementation of the terms of sale,
incomplete information concerning the
affiliates involved with the sale, missing
or underreported expenses related to the
sale, and the single sale. For a complete
discussion see the IDM at 10–15, and
Comment 5.
For the foregoing reasons, Commerce
finds that Join’s sale is not bona fide,
and that the sale does not provide a
reasonable or reliable basis for
calculating a dumping margin.
Accordingly, Commerce is rescinding
the NSR with respect to Join.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that the
11 See
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IDM at 10–15, and Comment 5.
15JNN1
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
companies listed in Appendix III timely
filed ‘‘no shipment’’ certifications and
did not have any reviewable
transactions during the POR. Consistent
with Commerce’s assessment practice in
non-market economy (NME) cases, we
completed the review with respect to
the companies listed in Appendix III.
For the companies listed in Appendix
III, CBP provided no evidence to
contradict the claims of these
companies of no shipments.
As noted in the ‘‘Assessment Rates’’
section below, Commerce intends to
issue appropriate instructions to CBP for
the companies listed below based on the
final results of this review.
PRC-Wide Entity
As discussed in the Preliminary
Results, Commerce’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.12 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the PRC-wide entity, 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 shipment
companies discussed below, Commerce
considers all other companies for which
a review was requested, and which did
not qualify for a separate rate, to be part
of the PRC-wide entity. See Appendix II.
Separate Rates
In the Preliminary Results, Commerce
found that non-selected companies
Jining Shunchang Import & Export Co.,
Ltd., Jinxiang Feiteng Import & Export
Co., Ltd., Qingdao Sea-Line
International Trading Co., Ltd.,
Shenzhenn Bainon Co., Ltd., Shenzhen
27951
Xinboda Industrial Co., Ltd., and
Weifang Hongqiao International
Logistics Co., Ltd., demonstrated their
eligibility for a separate rate. We
continue to find that those six
companies are eligible for a separate
rate.13 As discussed in the IDM,
Commerce granted the QTF-Entity
separate status in these final results.14
In the Preliminary Results, we
assigned the non-selected separate rate
companies the dumping margin
calculated for Zhengyang. No parties
commented on this. We continue to use
Zhengyang’s margin as the margin for
the non-selected separate rate
companies in these final results.
Final Results of Administrative Review
The weighted-average dumping
margins for the administrative review
are as follows:
Weightedaverage
margin
(dollars per
kilogram)
Exporter
Shandong Jinxiang Zhengyang Import & Export Co., Ltd ..................................................................................................................
Jining Shunchang Import & Export Co., Ltd ........................................................................................................................................
Jinxiang Feiteng Import & Export Co., Ltd ..........................................................................................................................................
Qingdao Sea-Line International Trading Co., Ltd ...............................................................................................................................
QTF-Entity 15 ........................................................................................................................................................................................
Shenzhen Bainong Co., Ltd ................................................................................................................................................................
Shenzhen Xinboda Industrial Co., Ltd .................................................................................................................................................
Weifang Hongqiao International Logistics Co., Ltd .............................................................................................................................
$2.69
2.69
2.69
2.69
2.69
2.69
2.69
2.69
Final Results of New Shipper Review
The weighted-average dumping
margin for the new shipper review:
Weightedaverage
margin
(dollars per
kilogram)
Exporter
Zhengzhou Yudi Shengjin Agricultural Trade Co., Ltd ........................................................................................................................
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Assessment Rates
Pursuant to section 751(a)(2)(A) and
(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of these reviews. We intend
to issue appropriate assessment
12 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).
13 See Preliminary Results at Appendix II.
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17:11 Jun 14, 2018
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instructions directly to CBP 15 days
after publication of the final results of
this administrative review, and the new
shipper reviews.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
14 See
IDM at 7–8.
QTF-Entity includes: Qingdao Tiantaixing
Foods Co., Ltd.; Qingdao Tianhefeng Foods Co.,
Ltd.; Qingdao Beixing Trading Co., Ltd.; Qingdao
Lianghe International Trade Co., Ltd.; Qingdao
Xintianfeng Foods Co., Ltd.; Hebei Golden Bird
Trading Co., Ltd.; and Huamei Consulting; see Fresh
15 The
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$3.19
dividing this amount by the total
entered value of the sales to each
importer (or customer).16 Where we
calculated a weighted-average dumping
margin by dividing the total amount of
dumping for reviewed sales to that party
by the total sales quantity associated
with those transactions, we will direct
CBP to assess importer-specific
assessment rates based on the resulting
Garlic from the People’s Republic of China: Final
Results and Partial Rescission of the 21st
Antidumping Duty Administrative Review; 2014–
2015, 82 FR 27230 (June 14, 2017), and
accompanying Issues and Decision Memorandum at
Comment 4.
16 See 19 CFR 351.212(b)(1).
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per-unit rates.17 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis, we
will instruct CBP to collect the
appropriate duties at the time of
liquidation.18 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, we will
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties.19 We intend to instruct CBP to
liquidate entries containing subject
merchandise exported by the PRC-wide
entity at the PRC-wide rate.
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, we will
instruct CBP to liquidate such entries at
the PRC-wide entity rate. Additionally,
if we determine that an exporter 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 entity rate.20
As Commerce is rescinding the NSR
with respect to Join, we are not making
a determination as to whether or not
Join qualifies for a separate rate.
Therefore, Join remains part of the PRCwide entity. The PRC-wide entity is not
under review in the ongoing
administrative review. Accordingly,
Join’s entry will be assessed at the rate
equal to the cash deposit of estimated
antidumping duties required on its
merchandise at the time of entry, or
withdrawal from warehouse, for
consumption. We intend to issue
liquidation instructions for any entries
during the relevant period made by Join
15 days after publication of this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
17 Id.
18 Id.
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 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 exporters that
supplied that non-PRC exporter. The
deposit requirements shall remain in
effect until further notice.
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act and 19 CFR 351.213.
19 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
20 See
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Dated: June 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Issues Discussed in the Issues and
Decision Memorandum
Administrative Review
1. Whether Section 751 of the Act Requires
Commerce to Conduct an AR of Harmoni
Following the CFTG’s Request for
Review
2. Whether the CFTG’s Review Request was
Valid, and Whether the Members of the
CFTG are Producers or Wholesalers of a
Domestic Like Product
3. Whether Harmoni and the FGPA
Obstructed or Impaired Legitimate
Government Activity
New Shipper Reviews
4. Whether Yudi’s Sale was Made on a Bona
Fide Basis
5. Whether Join’s Sale was Made on a Bona
Fide Basis
6. Whether Commerce Properly Selected
Romania as the Surrogate Country
Appendix II
List of Companies Under Review Subject to
the PRC-Wide Rate
1. China Union Agri. (Qingdao) Co., Ltd.
2. Juxian Huateng Organic Ginger Co., Ltd.
3. Qingdao Jiashan Trading Co., Ltd.
4. Shandong Helu International Trade Co.,
Ltd.
5. Weifang Wangyuan Food Co., Ltd.
6. Zhengzhou Yudishengjin Farm Products
Co., Ltd.
Appendix III
Companies That Have Certified No
Shipments
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co.,
Ltd.
3. Jining Yifa Garlic Produce Co., Ltd.
4. Jinxiang Richfar Fruits & Vegetables Co.,
Ltd.
5. Shijiazhuang Goodman Trading Co., Ltd.
Appendix IV
Companies for Which Administrative
Reviews Have Been Rescinded
1. Jinxiang Jinma Fruits Vegetables Products
Co., Ltd.
2. Juxian Huateng Food Co., Ltd.
3. Qingdao Hailize (Sea-Line) International
Trading Co., Ltd.
4. Qingdao Jiuyihongrun Foods Co., Ltd.
5. Qingdao Ritai Food Co., Ltd.
6. Zhengzhou Harmoni Spice Co., Ltd.
7. Zhonglian Nongchan Co., Ltd.
[FR Doc. 2018–12898 Filed 6–14–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27949-27952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12898]
=======================================================================
-----------------------------------------------------------------------
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 22nd Antidumping Duty Administrative
Review and Final Result and Rescission, in Part, of the New Shipper
Reviews; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) published the
Preliminary Results of the 22nd administrative review and two
concurrent new shipper reviews of the antidumping duty order on fresh
garlic from the People's Republic of China (China) on December 7, 2017.
The period of review (POR) is November 1, 2015, through October 31,
2016. We made no changes to the margin calculated for mandatory
respondent Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
(Zhengyang), or for new shipper respondent Zhengzhou Yudi Shengjin
Agricultural Trade Co., Ltd. (Yudi), and continue to find that they
made sales below normal value. In addition, we are rescinding the new
shipper review with respect to Qingdao Joinseafoods Co., Ltd. and Join
Food Ingredient Inc.'s (collectively, Join).
DATES: Applicable June 15, 2018.
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, respectively.
SUPPLEMENTARY INFORMATION: The mandatory respondents in this
administrative review are: Zhengzhou
[[Page 27950]]
Harmoni Spice Co., Ltd. (Harmoni), and Zhengyang. The new shipper
review (NSR) respondents are Join and Yudi. Commerce published the
Preliminary Results on December 7, 2017, in which it preliminarily
determined that Zhengyang, Join, and Yudi sold merchandise to the
United States at less than normal value.\1\ We also preliminarily
granted a separate rate to six companies which demonstrated their
eligibility for separate rate status, but were not selected for
individual examination.\2\ We preliminarily rescinded the review with
respect to the seven companies, including Harmoni, for which a valid
review request did not exist.\3\ In accordance with 19 CFR 351.309, we
invited parties to comment on our Preliminary Results. The
petitioners,\4\ the CFTG,\5\ Zhengyang, Join, and Yudi timely filed
case briefs, pursuant to our regulations.\6\ Additionally, the
petitioners, Join, and Harmoni timely filed rebuttal briefs.\7\ The
deadline for the final results of this review was originally April 9,
2018. On March 14, 2018, Commerce extended the deadline in this
proceeding by 60 days to June 8, 2018.\8\
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\1\ See Fresh Garlic from the People's Republic of China:
Preliminary Results, Preliminary Rescission, and Final Rescission,
in Part, of the 22nd Antidumping Duty Administrative Review and
Preliminary Results of the New Shipper Reviews; 2015-2016, 82 FR
57718 (December 7, 2017) (Preliminary Results) and accompanying
Issues and Decision Memorandum (PDM).
\2\ Id.
\3\ Id.
\4\ The petitioners are the Fresh Garlic Producers Association
(FGPA) and its individual members: Christopher Ranch LLC, The Garlic
Company, Valley Garlic, and Vessey and Company, Inc.
\5\ The CFTG, at the time of initiation, consisted of Mr. Avrum
Katz of Boxcar Farm, Mr. Stanley Crawford of El Bosque Farm, Ms.
Susanne Sanford of Sanford Farm, and Mr. Alex Pino of Revolution
Farm.
\6\ See CFTG's Letter, ``Case Brief: Filed on Behalf of the
Coalition for Fair Trade in Garlic in the 22nd Administrative Review
of Fresh Garlic from China,'' dated April 25, 2018 (CFTG's Case
Brief); see also Zhengyang's Letter, ``Fresh Garlic from the
People's Republic of China--Case Brief,'' dated April 25, 2018.
(Commerce rejected Zhengyang's Case Brief for containing unsolicited
new factual information. see Commerce's Letter, ``22nd Antidumping
Duty Administrative Review of Fresh Garlic from the People's
Republic of China: Request for Removal of Untimely New Factual
Information'' dated May 15, 2018. Memorandum); see also Yudi's
Letter, ``Case Brief'' dated April 25, 2018 (Yudi's Case Brief); see
also Join's Letter, ``Case Brief'' dated April 25, 2018 (Join's Case
Brief); see also the Petitioners' Letter, ``Petitioners' Case
Brief'' dated April 25, 2018 (Petitioners' NSR Case Brief).
\7\ See the Petitioners' Letter, ``Petitioners' Rebuttal
Brief,'' dated May 2, 2018 (Petitioners' NSR Rebuttal Brief); see
also Join's Letter, ``Rebuttal Case Brief'' dated May 2, 2018
(Join's Rebuttal Brief); see also the Petitioners' Letter, ``Fresh
Garlic from the People's Republic of China: Petitioners' Rebuttal
Brief,'' dated May 2, 2018 (the Petitioners' Rebuttal Brief); see
also Harmoni's Letter, ``Harmoni Administrative Review Reply Brief:
22nd Administrative Review of the Antidumping Duty Order on Fresh
Garlic from the People's Republic of China (A-570-831),'' dated May
2, 2018 (Harmoni's Rebuttal Brief).
\8\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--22nd Administrative Review (2015-2016): extension of Deadline
for the Final Results of the Review,'' dated March 15, 2017.
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Based upon our analysis of the comments and information received,
Commerce continues to find that the review request made by the
Coalition for Fair Trade in Garlic (the CFTG) was not valid, and
accordingly have rescinded the review with respect to seven companies,
including the other mandatory respondent Harmoni, for which a valid
review request does not exist. As discussed below, Commerce finds that
Join withheld requested information, significantly impeded the new
shipper review, and did not cooperate to the best of its ability.
Accordingly, pursuant to sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), we have used an adverse inference in
selecting from among the facts otherwise available, and have found
Join's sale not bona fide, and have rescinded the review of Join.
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) 0703.20.0000,
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500,
2005.90.9700, 2005.99.9700. 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 ``Scope of the Order'' in the accompanying Issues and
Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results and Final Rescission of the Antidumping Duty
Administrative Review and New Shipper Reviews: Fresh Garlic from the
People's Republic of China; 2014-2015,'' dated concurrently with
this notice (IDM).
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Partial Rescission of Administrative Review
As discussed in the IDM,\10\ Commerce is rescinding the review with
respect to seven companies, including mandatory respondent Harmoni,
based on Commerce's determination that the CFTG's request for review
was not valid. See Appendix IV for the companies for which
administrative reviews have been rescinded in these final results.
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\10\ See IDM at 6, 24.
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties in this review in the IDM. Appendix I provides a list of the
issues which parties raised. The IDM is a public document and is on
file in the Central Records Unit (CRU), Room B8024 of the main
Department of Commerce building, as well as electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and in the CRU. In
addition, a complete version of the IDM can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed IDM
and the electronic versions of the IDM are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the IDM, including the application of facts
available with an adverse inference, we revised our decision regarding
Join's cooperation and have rescinded the new shipper review, as
discussed below. Further, we have determined that the QTF-Entity is
eligible for a separate rate.
Rescission of New Shipper Review
As discussed in the IDM, Commerce has analyzed the bona fides of
Join's single sale and found that it was not a bona fide sale, and thus
not reviewable pursuant to section 751(a)(2)(B)(iv) of the Act.\11\
Commerce reached this conclusion based on its consideration of the
totality of circumstances, including: The timing of the payment, the
parties' implementation of the terms of sale, incomplete information
concerning the affiliates involved with the sale, missing or
underreported expenses related to the sale, and the single sale. For a
complete discussion see the IDM at 10-15, and Comment 5.
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\11\ See IDM at 10-15, and Comment 5.
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For the foregoing reasons, Commerce finds that Join's sale is not
bona fide, and that the sale does not provide a reasonable or reliable
basis for calculating a dumping margin. Accordingly, Commerce is
rescinding the NSR with respect to Join.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
the
[[Page 27951]]
companies listed in Appendix III timely filed ``no shipment''
certifications and did not have any reviewable transactions during the
POR. Consistent with Commerce's assessment practice in non-market
economy (NME) cases, we completed the review with respect to the
companies listed in Appendix III. For the companies listed in Appendix
III, CBP provided no evidence to contradict the claims of these
companies of no shipments.
As noted in the ``Assessment Rates'' section below, Commerce
intends to issue appropriate instructions to CBP for the companies
listed below based on the final results of this review.
PRC-Wide Entity
As discussed in the Preliminary Results, Commerce's policy
regarding conditional review of the PRC-wide entity applies to this
administrative review.\12\ Under this policy, the PRC-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the entity. Because no party requested a
review of the PRC-wide entity, 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 shipment companies discussed below, Commerce considers all other
companies for which a review was requested, and which did not qualify
for a separate rate, to be part of the PRC-wide entity. See Appendix
II.
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\12\ 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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Separate Rates
In the Preliminary Results, Commerce found that non-selected
companies Jining Shunchang Import & Export Co., Ltd., Jinxiang Feiteng
Import & Export Co., Ltd., Qingdao Sea-Line International Trading Co.,
Ltd., Shenzhenn Bainon Co., Ltd., Shenzhen Xinboda Industrial Co.,
Ltd., and Weifang Hongqiao International Logistics Co., Ltd.,
demonstrated their eligibility for a separate rate. We continue to find
that those six companies are eligible for a separate rate.\13\ As
discussed in the IDM, Commerce granted the QTF-Entity separate status
in these final results.\14\
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\13\ See Preliminary Results at Appendix II.
\14\ See IDM at 7-8.
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In the Preliminary Results, we assigned the non-selected separate
rate companies the dumping margin calculated for Zhengyang. No parties
commented on this. We continue to use Zhengyang's margin as the margin
for the non-selected separate rate companies in these final results.
Final Results of Administrative Review
The weighted-average dumping margins for the administrative review
are as follows:
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\15\ The QTF-Entity includes: Qingdao Tiantaixing Foods Co.,
Ltd.; Qingdao Tianhefeng Foods Co., Ltd.; Qingdao Beixing Trading
Co., Ltd.; Qingdao Lianghe International Trade Co., Ltd.; Qingdao
Xintianfeng Foods Co., Ltd.; Hebei Golden Bird Trading Co., Ltd.;
and Huamei Consulting; see Fresh Garlic from the People's Republic
of China: Final Results and Partial Rescission of the 21st
Antidumping Duty Administrative Review; 2014-2015, 82 FR 27230 (June
14, 2017), and accompanying Issues and Decision Memorandum at
Comment 4.
------------------------------------------------------------------------
Weighted-
average margin
Exporter (dollars per
kilogram)
------------------------------------------------------------------------
Shandong Jinxiang Zhengyang Import & Export Co., Ltd.... $2.69
Jining Shunchang Import & Export Co., Ltd............... 2.69
Jinxiang Feiteng Import & Export Co., Ltd............... 2.69
Qingdao Sea-Line International Trading Co., Ltd......... 2.69
QTF-Entity \15\......................................... 2.69
Shenzhen Bainong Co., Ltd............................... 2.69
Shenzhen Xinboda Industrial Co., Ltd.................... 2.69
Weifang Hongqiao International Logistics Co., Ltd....... 2.69
------------------------------------------------------------------------
Final Results of New Shipper Review
The weighted-average dumping margin for the new shipper review:
------------------------------------------------------------------------
Weighted-
average margin
Exporter (dollars per
kilogram)
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Zhengzhou Yudi Shengjin Agricultural Trade Co., Ltd..... $3.19
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Assessment Rates
Pursuant to section 751(a)(2)(A) and (C) of the Act, and 19 CFR
351.212(b), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
these reviews. We intend to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of this
administrative review, and the new shipper reviews.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\16\ Where we
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, we will direct CBP to
assess importer-specific assessment rates based on the resulting
[[Page 27952]]
per-unit rates.\17\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis, we will instruct
CBP to collect the appropriate duties at the time of liquidation.\18\
Where an importer- (or customer-) specific ad valorem or per-unit rate
is zero or de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\19\ We intend to instruct
CBP to liquidate entries containing subject merchandise exported by the
PRC-wide entity at the PRC-wide rate.
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\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ Id.
\19\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, we will instruct CBP to
liquidate such entries at the PRC-wide entity rate. Additionally, if we
determine that an exporter 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
entity rate.\20\
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\20\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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As Commerce is rescinding the NSR with respect to Join, we are not
making a determination as to whether or not Join qualifies for a
separate rate. Therefore, Join remains part of the PRC-wide entity. The
PRC-wide entity is not under review in the ongoing administrative
review. Accordingly, Join's entry will be assessed at the rate equal to
the cash deposit of estimated antidumping duties required on its
merchandise at the time of entry, or withdrawal from warehouse, for
consumption. We intend to issue liquidation instructions for any
entries during the relevant period made by Join 15 days after
publication of this notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate 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 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 exporters that supplied that non-PRC
exporter. The deposit requirements shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act and
19 CFR 351.213.
Dated: June 8, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Issues Discussed in the Issues and Decision Memorandum
Administrative Review
1. Whether Section 751 of the Act Requires Commerce to Conduct an AR
of Harmoni Following the CFTG's Request for Review
2. Whether the CFTG's Review Request was Valid, and Whether the
Members of the CFTG are Producers or Wholesalers of a Domestic Like
Product
3. Whether Harmoni and the FGPA Obstructed or Impaired Legitimate
Government Activity
New Shipper Reviews
4. Whether Yudi's Sale was Made on a Bona Fide Basis
5. Whether Join's Sale was Made on a Bona Fide Basis
6. Whether Commerce Properly Selected Romania as the Surrogate
Country
Appendix II
List of Companies Under Review Subject to the PRC-Wide Rate
1. China Union Agri. (Qingdao) Co., Ltd.
2. Juxian Huateng Organic Ginger Co., Ltd.
3. Qingdao Jiashan Trading Co., Ltd.
4. Shandong Helu International Trade Co., Ltd.
5. Weifang Wangyuan Food Co., Ltd.
6. Zhengzhou Yudishengjin Farm Products Co., Ltd.
Appendix III
Companies That Have Certified No Shipments
1. Jinan Farmlady Trading Co., Ltd.
2. Jining Shengtai Fruits & Vegetables Co., Ltd.
3. Jining Yifa Garlic Produce Co., Ltd.
4. Jinxiang Richfar Fruits & Vegetables Co., Ltd.
5. Shijiazhuang Goodman Trading Co., Ltd.
Appendix IV
Companies for Which Administrative Reviews Have Been Rescinded
1. Jinxiang Jinma Fruits Vegetables Products Co., Ltd.
2. Juxian Huateng Food Co., Ltd.
3. Qingdao Hailize (Sea-Line) International Trading Co., Ltd.
4. Qingdao Jiuyihongrun Foods Co., Ltd.
5. Qingdao Ritai Food Co., Ltd.
6. Zhengzhou Harmoni Spice Co., Ltd.
7. Zhonglian Nongchan Co., Ltd.
[FR Doc. 2018-12898 Filed 6-14-18; 8:45 am]
BILLING CODE 3510-DS-P
