Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission, of the 24th Antidumping Duty Administrative Review; 2017-2018, 71049-71051 [2020-24701]
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
Dated: November 2, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–24677 Filed 11–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–560–835, A–485–809]
Common Alloy Aluminum Sheet From
Indonesia and Romania:
Postponement of Final Determinations
of Less-Than-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is postponing the deadline
for issuing the final determinations in
the less-than-fair-value (LTFV)
investigations of imports of common
alloy aluminum sheet (aluminum sheet)
from Indonesia and Romania, until
March 1, 2021. Commerce is also
extending the provisional measures
from a four-month period to a period of
not more than six months.
DATES: Applicable November 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Glenn T. Bass Jr. and John K. Drury, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8338 and (202) 482–0195,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 30, 2020, Commerce
initiated LTFV investigations of imports
of aluminum sheet from Indonesia and
Romania.1 The period of investigation is
January 1, 2019 through December 31,
2019. On October 15, 2020, Commerce
published the Preliminary
Determinations in these LTFV
investigations.2
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020).
2 See Common Alloy Aluminum Sheet from
Indonesia: Preliminary Affirmative Determination
of Sales at Less-Than-Fair-Value and Determination
of Critical Circumstances, 85 FR 65356 (October 15,
2020); and Common Alloy Aluminum Sheet from
Romania: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 85 FR 65358
(October 15, 2020) (together, Preliminary
Determinations).
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Postponement of Final Determinations
Section 735(a)(2) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(2) provide that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by the exporters or producers who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Further, 19 CFR 351.210(e)(2) requires
that such postponement requests by
exporters be accompanied by a request
for extension of provisional measures
from a four-month period to a period of
not more than six months, in
accordance with section 733(d) of the
Act.
On October 7, 2020, Pt. Alumindo
Light Metal Industry, Tbk. (Pt.
Alumindo), the sole mandatory
respondent in the investigation of
aluminum sheet from Indonesia,
requested that Commerce postpone the
deadline for the final determination
until no later than 135 days from the
publication of the Preliminary
Determination, and extend the
application of the provisional measures
from a four-month period to a period of
not more than six months.3
On October 8, 2020, Alro, SA and the
Vimetco Group (collectively, Alro), the
sole mandatory respondent in the
investigation of aluminum sheet from
Romania, requested that Commerce
postpone the deadline for the final
determination until no later than 135
days from the publication of the
Preliminary Determination, and extend
the application of the provisional
measures from a four-month period to a
period of not more than six months.4
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) The
preliminary determination was
affirmative; (2) the request was made by
the exporter and producer who accounts
for a significant proportion of exports of
the subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
3 See
PT. Alumindo Light Metal Industry Tbk’s
Letter, ‘‘Pt. Alumindo’s Request to Extend the Final
Determination: Less Than Fair Value Investigation
of Common Alloy Aluminum Sheet from Indonesia
(A–560–835),’’ dated October 7, 2020.
4 See Alro, SA and the Vimetco Group’s Letter,
‘‘Alro’s Request to Extend the Final Determination:
Less Than Fair Value Investigation of Common
Alloy Aluminum Sheet from Romania (A–485–
809),’’ dated October 8, 2020.
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71049
determination for these investigations
until no later than 135 days after the
date of the publication of the
Preliminary Determination, and
extending the provisional measures
from a four-month period to a period of
not more than six months. Accordingly,
Commerce will issue its final
determinations no later than March 1,
2021.
Notice to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–24700 Filed 11–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results and
Partial Rescission, of the 24th
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) published the Preliminary
Results of the 24th administrative
review of the antidumping duty order
on fresh garlic from the People’s
Republic of China (China) on January
15, 2020. The period of review (POR) is
November 1, 2017 through October 31,
2018. The mandatory respondent in this
review is Shijiazhuang Goodman
Trading Co., Ltd. (Goodman). Commerce
is also rescinding its review of nineteen
companies including the other selected
mandatory respondent Zhengzhou
Harmoni Spice Co., Ltd. (Harmoni).
Based upon our analysis of the
comments and information received, we
made no changes to the margin
calculated for mandatory respondent
Goodman.
AGENCY:
Applicable November 6, 2020.
Alex
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) 482–4956.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
Background
Commerce published the preliminary
results of this administrative review of
fresh garlic from China on January 15,
2020.1 We preliminarily found that the
mandatory respondent Goodman sold
subject merchandise to the United
States at less than normal value. We
rescinded the review with respect to
eight companies for which their sole
requests for review had been timely
withdrawn.2 Furthermore, we
preliminarily determined that the
review requests submitted by the
Coalition for Fair Trade in Garlic
(CFTG) and Roots Farm Inc. (Roots
Farm) were invalid and preliminarily
rescinded the review with respect to the
19 companies solely requested by the
CFTG and Roots Farm. Additionally, we
found that three companies qualified for
separate rate status.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.3 On June 30, 2020,
Commerce extended the deadline for
these final results.4 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.5 The deadline for the final
results of this review is now November
2, 2020.
The CFTG and Roots Farm each
timely submitted case briefs.6 Harmoni
and the petitioners each timely filed
rebuttal briefs.7
1 See Fresh Garlic from the People’s Republic of
China: Preliminary Results, Preliminary Rescission,
and Final Rescission, In Part, of the 24th
Antidumping Duty Administrative Review; 2017–
2018, 85 FR 2400 (January 15, 2020) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
2 Those companies are: Chengwu County
Yuanxiang Industries; Jiang Hua Yao Autonomous
County Nikko Biotechnology Co., Ltd.; Jiangsu
Lvhui Food Co., Ltd.; Jiangyong Foreign Trade
Corp.; Lianyungang Xiangjiang Food Co., Ltd.;
Qingdao Ritai Food Co., Ltd.; Tianjin Calgry Import
Export; and Weifang Naike Food Co., Ltd.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
4 See Memorandum, ‘‘Fresh Garlic from the
People’s Republic of China—24th Administrative
Review: Extension of Deadline for the Final Results
of the Review,’’ dated June 30, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See CFTG’s Letter, ‘‘Case Brief,’’ dated April 10,
2020; see also Roots Farm’s Letter, ‘‘Fresh Garlic
From the People’s Republic of China Antidumping
Administrative Review: Case Brief of Roots Farm,’’
dated April 13, 2020.
7 See Harmoni’s Letter, ‘‘Harmoni Administrative
Reply Briefs: 24th Administrative Review of the
Antidumping Duty Order on Fresh Garlic from the
People’s Republic of China (A–570–831),’’ dated
April 24, 2020 at Attachment 1 and Attachment 2;
see also Petitioners’ Letter, ‘‘Fresh Garlic from the
People’s Republic of China: Petitioners’ Case
Rebuttal Brief,’’ dated April 24, 2020 .
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Scope of the Order
The products covered by the order are
all grades of garlic, whole or separated
into constituent cloves, whether or not
peeled, fresh, chilled, frozen,
provisionally preserved, or packed in
water or other neutral substance, but not
prepared or preserved by the addition of
other ingredients or heat processing.
The differences between grades are
based on color, size, sheathing, and
level of decay. The scope of the order
does not include the following: (a)
Garlic that has been mechanically
harvested and that is primarily, but not
exclusively, destined for non-fresh use;
or (b) garlic that has been specially
prepared and cultivated prior to
planting and then harvested and
otherwise prepared for use as seed. The
subject merchandise is used principally
as a food product and for seasoning. The
subject garlic is currently classifiable
under subheadings: 0703.20.0000,
0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020,
0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000,
0711.90.6500, 2005.90.9500,
2005.90.9700, and 2005.99.9700, of the
Harmonized Tariff Schedule of the
United States (HTSUS).8
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of the order is dispositive. In
order to be excluded from the order,
garlic entered under the HTSUS
subheadings listed above that is (1)
mechanically harvested and primarily,
but not exclusively, destined for nonfresh use or (2) specially prepared and
cultivated prior to planting and then
harvested and otherwise prepared for
use as seed must be accompanied by
declarations to U.S. Customs and Border
Protection (CBP) to that effect.
Analysis of Comments Received
All comments raised in the case and
rebuttal briefs are addressed in the
accompanying Issues and Decision
Memorandum.9 The comments are
identified in Appendix I to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
8 See
Antidumping Duty Order: Fresh Garlic from
the People’s Republic of China, 59 FR 59209
(November 16, 1994).
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results and Final
Rescission, in Part, of the 2017–2018 Antidumping
Duty Administrative Review: Fresh Garlic from the
People’s Republic of China,’’ dated November 2,
2020, and hereby adopted by this notice.
PO 00000
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ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
trade.gov/enforcement/frn/.
The signed Issues and Decision
Memorandum and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Separate Rates
In the Preliminary Results, in
accordance with section 777A(c)(2)(B)
of the Act, Commerce employed a
limited examination methodology, as
we determined that it would not be
practicable to examine individually all
companies for which a review request
was made.10 There were three exporters
of subject merchandise from China that
have demonstrated their eligibility for a
separate rate but were not selected for
individual examination in this review.
These three exporters are listed in the
Final Results of Review section below.
Neither the Act nor Commerce’s
regulations address the establishment of
the rate applied to individual
companies not selected for examination
where Commerce limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Commerce’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 Commerce 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 these final results of
review, Goodman is the only reviewed
respondent that received a weightedaverage dumping margin. Goodman’s
margin is the only margin that is not
either de minimis or based entirely on
adverse facts available. Therefore, we
have assigned Goodman’s margin to the
non-selected separate rate respondents.
Final Results of Review
Commerce finds that the following
weighted-average dumping margins
exist for the POR:
10 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Fresh Garlic from
the People’s Republic of China: 2017–2018:
Selection of Respondents for Individual
Examination,’’ dated May 30, 2019.
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Federal Register / Vol. 85, No. 216 / Friday, November 6, 2020 / Notices
Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
Exporter
rate will be the weighted-average
dumping margin established in the final
results of this review; (2) for previously
Shijiazhuang Goodman Trading
investigated or reviewed Chinese and
Co., Ltd ...................................
4.37
non-Chinese exporters not listed above
Jinxiang Feiteng Import & Export
Co., Ltd ...................................
4.37 that received a separate rate in a prior
segment of this proceeding, the cash
Chengwu Yuanxiang Industry &
Commerce Co., Ltd .................
4.37 deposit rate will continue to be the
Qingdao Sea-Line International
exporter-specific rate published for the
Trading Co., Ltd ......................
4.37 most recently completed segment of this
China-Wide Entity .......................
4.71
proceeding; (3) for all Chinese exporters
of subject merchandise which have not
Assessment Rates
been found to be entitled to a separate
Pursuant to section 751(a)(2)(A) of the rate, the cash deposit rate will be the
Tariff Act of 1930, as amended (the Act), rate for the China-wide entity (i.e., 4.71
and 19 CFR 351.212(b), Commerce has
dollars per kilogram); and (4) for all
determined, and U.S. Customs and
non-Chinese exporters of subject
Border Protection (CBP) shall assess,
merchandise that have not received
antidumping duties on all appropriate
their own rate, the cash deposit rate will
entries of subject merchandise in
be the rate applicable to the Chinese
accordance with the final results of this
review. Commerce intends to direct CBP exporter that supplied that non-Chinese
to assess rates based on the per-unit (i.e., exporter. These deposit requirements,
when imposed, shall remain in effect
per kilogram) amount on each entry of
until further notice.
the subject merchandise during the
POR. Commerce also intends to issue
Notification to Importers
assessment instructions to CBP 15 days
after the publication date of the final
This notice also serves as a reminder
results of review.
to importers of their responsibility
Pursuant to Commerce’s assessment
under 19 CFR 351.402(f)(2) to file a
practice in NME cases, for merchandise
certificate regarding the reimbursement
that was not reported in the U.S. sales
of antidumping duties prior to
databases submitted by the exporter
liquidation of the relevant entries
individually examined during this
during this POR. Failure to comply with
review, but that entered under the case
this requirement could result in
number of that exporter (i.e., at the
Commerce’s presumption that
individually-examined exporter’s cash
reimbursement of antidumping duties
deposit rate), Commerce intends to
instruct CBP to liquidate such entries at has occurred, and the subsequent
assessment of double antidumping
the NME-wide rate. In addition, if
duties.
Commerce determines that an exporter
under review had no shipments of the
Notifications to Interested Parties
subject merchandise, any suspended
entries that entered under that
This notice serves as the only
exporter’s case number (i.e., at that
reminder to parties subject to
exporter’s rate) will be liquidated at the
administrative protective order (APO) of
China-wide rate.11
their responsibility concerning the
return or destruction of proprietary
Cash Deposit Requirements
information disclosed under APO in
Commerce intends to instruct CBP to
accordance with 19 CFR 351.305.
require a cash deposit for antidumping
Timely written notification of return or
duties equal to the weighted-average
destruction of APO materials, or
amount by which NV exceeds U.S.
conversion to judicial protective order,
price. The following cash deposit
is hereby requested. Failure to comply
requirements will be effective upon
with the regulations and the terms of an
publication of these final results of this
APO is a sanctionable violation.
administrative review for shipments of
the subject merchandise from China
We are issuing and publishing these
entered, or withdrawn from warehouse, results in accordance with sections
for consumption on or after the
751(a)(1) and 777(i)(1) of the Act and 19
publication date of this notice in the
CFR 351.221(b)(5).
Weightedaverage
dumping
margin
(dollars per
kilogram)
11 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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19:00 Nov 05, 2020
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71051
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix 1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Rescission of Administrative
Review
V. Discussion of the Issues:
Issue 1: Whether the CFTG has Standing to
Request a Review
Issue 2: Whether 26 U.S.C. 6103 Is
Applicable
Issue 3: Whether Sections 782(d) and
782(e) of the Act Are Applicable
Issue 4: Whether Section 751 of the Act
Requires Country-Wide Reviews
Issue 5: Whether Commerce May Rescind
a Review for a Company that Has Not
Demonstrated the Absence of De Jure
and De Facto Government Control
Issue 6: Whether Commerce Exceeded its
Authority to Combine Reviews
Issue 7: Whether the Petitioners and
Harmoni’s Relationship Reveals
Fraudulent Activity
Issue 8: Whether Commerce Should Pursue
an 18 U.S.C.1001 Case Against Ms.
Medina
Issue 9: Whether Harmoni and the FGPA
Conspired to Defraud the United States
Issue 10: Whether Roots Farm has Standing
to Request an Administrative Review
Issue 11: Whether Commerce Should
Calculate a Margin for Harmoni
VI. Recommendation
Appendix 2
List of Companies for Which Administrative
Reviews Have Been Rescinded
1. Hebei Golden Bird Trading Co., Ltd.
2. Jining Yongjia Trade Co., Ltd.
3. Jinxiang Changwei Agricultural Products
Co., Ltd.
4. Jinxiang Dingyu Agricultural Products Co.,
Ltd.
5. Jinxiang Fitow Trading Co., Ltd.
6. Jinxiang Guihua Food Co., Ltd.
7. Jinxiang Hejia Co., Ltd.
8. Jinxiang Honghua Foodstuff Co., Ltd.
9. Jinxiang Infang Fruit & Vegetable Co., Ltd.
10. Jinxiang Kingkey Trade Co., Ltd.
11. Jinxiang Wanxing Garlic Products Co.
Ltd.
12. Qingdao Doo Won Foods Co., Ltd.
13. Qingdao Joinseafoods Co. Ltd.
14. Shandong Chengwu Longxing Farm
Produce & By-Products Co., Ltd.
15. Weifang Hongqiao International Logistics
Co., Ltd.
16. Xinjiang Longping Hongan Xiwannian
Chili Products Co., Ltd.
17. Yantai Jinyan Trading, Inc.
18. Zhengzhou Harmoni Spice Co., Ltd.
19. Zhengzhou Yudishengjin Farm Products
Co., Ltd.
[FR Doc. 2020–24701 Filed 11–5–20; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71049-71051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24701]
-----------------------------------------------------------------------
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 24th Antidumping Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) published the
Preliminary Results of the 24th administrative review of the
antidumping duty order on fresh garlic from the People's Republic of
China (China) on January 15, 2020. The period of review (POR) is
November 1, 2017 through October 31, 2018. The mandatory respondent in
this review is Shijiazhuang Goodman Trading Co., Ltd. (Goodman).
Commerce is also rescinding its review of nineteen companies including
the other selected mandatory respondent Zhengzhou Harmoni Spice Co.,
Ltd. (Harmoni). Based upon our analysis of the comments and information
received, we made no changes to the margin calculated for mandatory
respondent Goodman.
DATES: Applicable November 6, 2020.
FOR FURTHER INFORMATION CONTACT: Alex 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) 482-4956.
SUPPLEMENTARY INFORMATION:
[[Page 71050]]
Background
Commerce published the preliminary results of this administrative
review of fresh garlic from China on January 15, 2020.\1\ We
preliminarily found that the mandatory respondent Goodman sold subject
merchandise to the United States at less than normal value. We
rescinded the review with respect to eight companies for which their
sole requests for review had been timely withdrawn.\2\ Furthermore, we
preliminarily determined that the review requests submitted by the
Coalition for Fair Trade in Garlic (CFTG) and Roots Farm Inc. (Roots
Farm) were invalid and preliminarily rescinded the review with respect
to the 19 companies solely requested by the CFTG and Roots Farm.
Additionally, we found that three companies qualified for separate rate
status.
---------------------------------------------------------------------------
\1\ See Fresh Garlic from the People's Republic of China:
Preliminary Results, Preliminary Rescission, and Final Rescission,
In Part, of the 24th Antidumping Duty Administrative Review; 2017-
2018, 85 FR 2400 (January 15, 2020) (Preliminary Results) and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Those companies are: Chengwu County Yuanxiang Industries;
Jiang Hua Yao Autonomous County Nikko Biotechnology Co., Ltd.;
Jiangsu Lvhui Food Co., Ltd.; Jiangyong Foreign Trade Corp.;
Lianyungang Xiangjiang Food Co., Ltd.; Qingdao Ritai Food Co., Ltd.;
Tianjin Calgry Import Export; and Weifang Naike Food Co., Ltd.
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\3\ On June 30, 2020, Commerce extended the deadline
for these final results.\4\ On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by an additional 60 days.\5\ The
deadline for the final results of this review is now November 2, 2020.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Fresh Garlic from the People's Republic of
China--24th Administrative Review: Extension of Deadline for the
Final Results of the Review,'' dated June 30, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
The CFTG and Roots Farm each timely submitted case briefs.\6\
Harmoni and the petitioners each timely filed rebuttal briefs.\7\
---------------------------------------------------------------------------
\6\ See CFTG's Letter, ``Case Brief,'' dated April 10, 2020; see
also Roots Farm's Letter, ``Fresh Garlic From the People's Republic
of China Antidumping Administrative Review: Case Brief of Roots
Farm,'' dated April 13, 2020.
\7\ See Harmoni's Letter, ``Harmoni Administrative Reply Briefs:
24th Administrative Review of the Antidumping Duty Order on Fresh
Garlic from the People's Republic of China (A-570-831),'' dated
April 24, 2020 at Attachment 1 and Attachment 2; see also
Petitioners' Letter, ``Fresh Garlic from the People's Republic of
China: Petitioners' Case Rebuttal Brief,'' dated April 24, 2020 .
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are all grades of garlic, whole
or separated into constituent cloves, whether or not peeled, fresh,
chilled, frozen, provisionally preserved, or packed in water or other
neutral substance, but not prepared or preserved by the addition of
other ingredients or heat processing. The differences between grades
are based on color, size, sheathing, and level of decay. The scope of
the order does not include the following: (a) Garlic that has been
mechanically harvested and that is primarily, but not exclusively,
destined for non-fresh use; or (b) garlic that has been specially
prepared and cultivated prior to planting and then harvested and
otherwise prepared for use as seed. The subject merchandise is used
principally as a food product and for seasoning. The subject garlic is
currently classifiable under subheadings: 0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700,
and 2005.99.9700, of the Harmonized Tariff Schedule of the United
States (HTSUS).\8\
---------------------------------------------------------------------------
\8\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209
(November 16, 1994).
---------------------------------------------------------------------------
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of the order is
dispositive. In order to be excluded from the order, garlic entered
under the HTSUS subheadings listed above that is (1) mechanically
harvested and primarily, but not exclusively, destined for non-fresh
use or (2) specially prepared and cultivated prior to planting and then
harvested and otherwise prepared for use as seed must be accompanied by
declarations to U.S. Customs and Border Protection (CBP) to that
effect.
Analysis of Comments Received
All comments raised in the case and rebuttal briefs are addressed
in the accompanying Issues and Decision Memorandum.\9\ The comments are
identified in Appendix I to this notice. The Issues and Decision
Memorandum is a public document and is on file 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at https://trade.gov/enforcement/frn/. The
signed Issues and Decision Memorandum and electronic versions of the
Issues and Decision Memorandum are identical in content.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results and Final Rescission, in Part, of the 2017-2018
Antidumping Duty Administrative Review: Fresh Garlic from the
People's Republic of China,'' dated November 2, 2020, and hereby
adopted by this notice.
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Separate Rates
In the Preliminary Results, in accordance with section
777A(c)(2)(B) of the Act, Commerce employed a limited examination
methodology, as we determined that it would not be practicable to
examine individually all companies for which a review request was
made.\10\ There were three exporters of subject merchandise from China
that have demonstrated their eligibility for a separate rate but were
not selected for individual examination in this review. These three
exporters are listed in the Final Results of Review section below.
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\10\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Fresh Garlic from the People's Republic of China:
2017-2018: Selection of Respondents for Individual Examination,''
dated May 30, 2019.
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Neither the Act nor Commerce's regulations address the
establishment of the rate applied to individual companies not selected
for examination where Commerce limited its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Commerce'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 Commerce 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 these final results of review,
Goodman is the only reviewed respondent that received a weighted-
average dumping margin. Goodman's margin is the only margin that is not
either de minimis or based entirely on adverse facts available.
Therefore, we have assigned Goodman's margin to the non-selected
separate rate respondents.
Final Results of Review
Commerce finds that the following weighted-average dumping margins
exist for the POR:
[[Page 71051]]
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter margin
(dollars
per
kilogram)
------------------------------------------------------------------------
Shijiazhuang Goodman Trading Co., Ltd....................... 4.37
Jinxiang Feiteng Import & Export Co., Ltd................... 4.37
Chengwu Yuanxiang Industry & Commerce Co., Ltd.............. 4.37
Qingdao Sea-Line International Trading Co., Ltd............. 4.37
China-Wide Entity........................................... 4.71
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (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 this review. Commerce intends to 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. Commerce also
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of review.
Pursuant to Commerce's assessment practice in NME cases, for
merchandise that was not reported in the U.S. sales databases submitted
by the 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), Commerce intends
to instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if Commerce 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 China-wide rate.\11\
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\11\ 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
Commerce intends to instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which NV
exceeds U.S. price. The following cash deposit requirements will be
effective upon publication of these final results of this
administrative review for shipments of the subject merchandise from
China entered, or withdrawn from warehouse, for consumption on or after
the publication date of this notice in the Federal Register, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the weighted-average
dumping margin established in the final results of this review; (2) for
previously investigated or reviewed Chinese and non-Chinese exporters
not listed above that received a separate rate in a prior segment of
this proceeding, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the China-wide entity
(i.e., 4.71 dollars per kilogram); and (4) for all non-Chinese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to the Chinese
exporter that supplied that non-Chinese exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred, and the subsequent assessment of
double antidumping duties.
Notifications to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of return or destruction of APO materials, or conversion
to judicial protective order, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix 1
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Rescission of Administrative Review
V. Discussion of the Issues:
Issue 1: Whether the CFTG has Standing to Request a Review
Issue 2: Whether 26 U.S.C. 6103 Is Applicable
Issue 3: Whether Sections 782(d) and 782(e) of the Act Are
Applicable
Issue 4: Whether Section 751 of the Act Requires Country-Wide
Reviews
Issue 5: Whether Commerce May Rescind a Review for a Company
that Has Not Demonstrated the Absence of De Jure and De Facto
Government Control
Issue 6: Whether Commerce Exceeded its Authority to Combine
Reviews
Issue 7: Whether the Petitioners and Harmoni's Relationship
Reveals Fraudulent Activity
Issue 8: Whether Commerce Should Pursue an 18 U.S.C.1001 Case
Against Ms. Medina
Issue 9: Whether Harmoni and the FGPA Conspired to Defraud the
United States
Issue 10: Whether Roots Farm has Standing to Request an
Administrative Review
Issue 11: Whether Commerce Should Calculate a Margin for Harmoni
VI. Recommendation
Appendix 2
List of Companies for Which Administrative Reviews Have Been Rescinded
1. Hebei Golden Bird Trading Co., Ltd.
2. Jining Yongjia Trade Co., Ltd.
3. Jinxiang Changwei Agricultural Products Co., Ltd.
4. Jinxiang Dingyu Agricultural Products Co., Ltd.
5. Jinxiang Fitow Trading Co., Ltd.
6. Jinxiang Guihua Food Co., Ltd.
7. Jinxiang Hejia Co., Ltd.
8. Jinxiang Honghua Foodstuff Co., Ltd.
9. Jinxiang Infang Fruit & Vegetable Co., Ltd.
10. Jinxiang Kingkey Trade Co., Ltd.
11. Jinxiang Wanxing Garlic Products Co. Ltd.
12. Qingdao Doo Won Foods Co., Ltd.
13. Qingdao Joinseafoods Co. Ltd.
14. Shandong Chengwu Longxing Farm Produce & By-Products Co., Ltd.
15. Weifang Hongqiao International Logistics Co., Ltd.
16. Xinjiang Longping Hongan Xiwannian Chili Products Co., Ltd.
17. Yantai Jinyan Trading, Inc.
18. Zhengzhou Harmoni Spice Co., Ltd.
19. Zhengzhou Yudishengjin Farm Products Co., Ltd.
[FR Doc. 2020-24701 Filed 11-5-20; 8:45 am]
BILLING CODE 3510-DS-P
