Fresh Garlic From the People's Republic of China: Final Results and Final Rescission, In Part, of the 26th Antidumping Duty Administrative Review; 2019-2020, 16455-16457 [2022-06076]
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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
standards under an existing organic
equivalency or recognition agreement.
Certified organic soybean meal subject to
this investigation has a protein content of 34
percent or higher.
Organic soybean meal that is otherwise
subject to this investigation is included when
incorporated in admixtures, including but
not limited to prepared animal feeds. Only
the organic soybean meal component of such
admixture is covered by the scope of this
investigation.
The products covered by this investigation
are currently classified under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 1208.10.0010
and 2304.00.0000. Certified organic soybean
meal may also enter under HTSUS
2309.90.1005, 2309.90.1015, 2309.90.1020,
2309.90.1030, 2309.90.1032, 2309.90.1035,
2309.90.1045, 2309.90.1050, and
2308.00.9890.
The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
the Merchandise Export Incentive
Scheme (MEIS) Program
Comment 9: Whether Commerce Should
Countervail the Pre-Shipment and PostShipment Export Financing Program
Comment 10: Whether Commerce Assigned
the AFA Rate Twice for the SGMP
Exemption from Electricity Duty and
Cess on Electricity Supplied to a Special
Economic Zone (SEZ) Unit Program
Comment 11: Whether Commerce Should
Countervail the Advance Authorization
Program (AAP) and the Duty Drawback
(DDB) Program
Comment 12: Whether Commerce Should
Apply AFA to the Non-Cooperative
Mandatory Respondents that Withdrew
from Participation in the Investigation
Comment 13: Whether Commerce Should
Apply AFA to the Government of India
(GOI)
Comment 14: Whether Commerce Correctly
Initiated the Transportation and
Marketing Assistance (TMA) for Special
Agriculture Products
VIII. Recommendation
Appendix II
[FR Doc. 2022–06155 Filed 3–22–22; 8:45 am]
List of Topics Discussed in the Decision
Memorandum:
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and
Adverse Inferences: Non-Cooperative
and Non-Responsive Companies
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Bergwerff Failed to
Identify an Affiliated Supplier
Comment 2: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Bergwerff for Failing to Report Use of an
Export Promotion Scheme
Comment 3: Whether Commerce Should
Countervail the Duty Drawback Benefits
Received by Bergwerff for Organic
Soybeans
Comment 4: Whether Commerce Should
Have Selected Additional Respondents
for Individual Examination in this
Investigation
Comment 5: Whether Commerce Should
Apply Total AFA to Shanti Overseas
(India) Ltd.
Comment 6: Whether Commerce Should
Recalculate the Benefits Received Under
the Duty-Free Importation of Capital
Goods and Raw Materials, Components,
Consumables, Intermediates, Spare Parts
and Packing Material, and Exemption
from Central Sales Tax (CST) on
Purchases of Capital Goods and Raw
Materials, Components, Consumables,
Intermediates, Spare Parts, and Packing
Material
Comment 7: Whether Commerce Should
Countervail the Exemption from
Payment of Central Sales Tax (CST) on
Purchases of Capital Goods and Raw
Materials, Components, Consumables,
Intermediates, Spare Parts and Packing
Materials
Comment 8: Whether Commerce Should
Recalculate the Benefits Received Under
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Section Membership
Opportunities for the United StatesIndia CEO Forum
International Trade
Administration (ITA), Department of
Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce, ITA, is
amending the Notice published at 87 FR
9318 (February 18, 2022), regarding the
dates for submission of applications for
appointment, or reappointment, to the
U.S. Section of the U.S.-India CEO
Forum. ITA will accept applications on
a rolling basis for membership on the
U.S. Section of the Forum for terms that
will begin upon appointment and will
expire on December 31, 2024.
Immediate consideration will now be
given to applications received by April
6, 2022. ITA will accept nominations
under this notice on an on-going basis
during the charter term to fill vacancies
as they arise.
ADDRESSES: For inquiries and an
application, please contact Noor
Sclafani, International Trade Specialist,
Office of South Asia, U.S. Department of
Commerce, by email at noor.sclafani@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Noor Sclafani, International Trade
Specialist, Office of South Asia, U.S.
Department of Commerce, telephone:
(202) 823–1840.
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Please
refer to Notice published at 87 FR 9318
(February 18, 2022).
SUPPLEMENTARY INFORMATION:
Dated: March 18, 2022.
Jed Diemond,
Deputy Director, Office of South Asia.
[FR Doc. 2022–06164 Filed 3–22–22; 8:45 am]
BILLING CODE 3510–HE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Final Results and
Final Rescission, In Part, of the 26th
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has completed its
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(China) for the period of review (POR)
November 1, 2019, through October 31,
2020. We determine that mandatory
respondent, Jining Shunchang Import &
Export Co., Ltd. (Shunchang) failed to
establish its eligibility for a separate rate
and, therefore, is part of the China-wide
entity. We are rescinding the review
with respect to Zhengzhou Harmoni
Spice Co., Ltd. (Harmoni).
DATES: Applicable March 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Saude, 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) 482–0981.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 30, 2021, Commerce
published the preliminary results of the
twenty-sixth administrative review of
fresh garlic from China.1 No interested
party submitted comments concerning
the Preliminary Results or requested
that a hearing be held. Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
1 See Fresh Garlic from the People’s Republic of
China: Preliminary Results, Preliminary Rescission,
and Final Rescission, In Part, of the 26th
Antidumping Duty Administrative Review; 2019–
2020, 86 FR 67911 (November 30, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
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16456
Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
The current deadline for the final results
is March 30, 2022.
jspears on DSK121TN23PROD with NOTICES1
Scope of the Order
The products subject to 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).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the 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.
Final Partial Rescission of
Administrative Review
In the Preliminary Results, Commerce
determined that the review request from
Roots Farm for Harmoni was invalid ab
initio, and it preliminarily rescinded the
administrative review with respect to
Harmoni. Because Commerce did not
receive any comments on its
preliminary finding, Commerce
continues to find that the review request
from Roots Farm was invalid ab initio,
and Commerce is rescinding this review
with respect to Harmoni.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
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entity applies to this administrative
review.2 Under this policy, the Chinawide 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 China-wide entity in this
review, and Commerce did not selfinitiate a 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 companies for which the review has
been or is being rescinded, Commerce
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 China-wide entity.
Final Results of Administrative Review
Commerce determines that the
following weighted-average dumping
margin exists for the administrative
review covering the period November 1,
2019, through October 31, 2020:
Weightedaverage
margin
(dollars per
kilogram)
Exporter
China-Wide Entity 3 .....................
4.71
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), Commerce
has determined, and 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 no earlier than
35 days after the publication date of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
2 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).
3 The companies that are part of the China-wide
entity in this review are Jining Shunchang Import
& Export Co., Ltd. and Jining Shunchang Food Co.,
Ltd.
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Sfmt 4703
publication of the final results of this
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 sections
751(a)(2) of the Act: (1) For the
companies identified in the chart above,
the cash deposit rate will be the Chinawide rate; (2) for previously investigated
or reviewed Chinese and non-Chinese
exporters not listed above that have
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 4.71 U.S.
dollars per kilogram; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to Chinese
exporter that supplied that non-Chinese
exporter. These requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notifications Regarding Administrative
Protection Order
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, which
continues to govern business
proprietary information in this segment
of the proceeding. 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.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–06076 Filed 3–22–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–791–806]
Stainless Steel Plate in Coils From
South Africa: Final Results of the
Expedited Fourth Five-Year Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revocation of the
countervailing duty (CVD) order on
stainless steel plate in coils (SSPC) from
South Africa would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable March 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, 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) 482–4793.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
jspears on DSK121TN23PROD with NOTICES1
On May 11, 1999, Commerce
published in the Federal Register a
notice of the CVD order on SSPC from
South Africa.1 On December 1, 2021,
Commerce published the notice of
initiation of the fourth sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On December 15, 2021,
Commerce received notices of intent to
participate from ATI Flat Rolled
Products Holdings, LLC (ATI) and
Outokumpu Stainless USA LLC
(Outokumpu) (collectively, the domestic
interested parties) within the deadline
1 See Notice of Amended Final Determinations:
Stainless Steel Plate in Coils from Belgium and
South Africa; and Notice of Countervailing Duty
Orders: Stainless Steel Plate in Coils from Belgium,
Italy and South Africa, 64 FR 25288 (May 11, 1999)
(Order).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 68220 (December 1, 2021).
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20:07 Mar 22, 2022
Jkt 256001
specified in 19 CFR 351.218(d)(1)(i).3
The domestic interested parties claimed
interested party status within the
meaning of section 771(9)(C) of the Act
and 19 CFR 351.102(b)(29)(v) as
domestic producers of SSPC in the
United States.
On January 3, 2022, Commerce
received an adequate substantive
response from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
Commerce did not receive a substantive
response from either the Government of
South Africa or a respondent interested
party to this proceeding. On January 20,
2022, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, Commerce
conducted an expedited (120-day)
sunset review of the Order, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
Scope of the Order
The merchandise subject to the Order
is certain stainless steel plate in coils.
Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject plate products are
flat-rolled products, 254 mm or over in
width and 4.75 mm or more in
thickness, in coils, and annealed or
otherwise heat treated and pickled or
otherwise descaled. The subject plate
may also be further processed (e.g.,
cold-rolled, polished, etc.) provided that
it maintains the specified dimensions of
plate following such processing.
Excluded from the scope of the Order
are the following: (1) Plate not in coils,
(2) plate that is not annealed or
otherwise heat treated and pickled or
otherwise descaled, (3) sheet and strip,
and (4) flat bars.
The merchandise subject to the Order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
3 See ATI’s Letter, ‘‘Five-Year (Sunset) Review of
the Countervailing Duty Order on Stainless Steel
Plate in Coils from South Africa—Domestic
Interested Party’s Notice of Intent to Participate,’’
dated December 15, 2021; see also Outokumpu’s
Letter, ‘‘Five-Year (Sunset) Review of the
Countervailing Duty Order on Stainless Steel Plate
in Coils from South Africa—Outokumpu’s Notice of
Intent to Participate,’’ dated December 15, 2021.
4 See Domestic Interested Parties’ Letter, ‘‘FiveYear (Sunset) Review of the Countervailing Duty
Order on Stainless Steel Plate in Coils from South
Africa—Domestic Interested Parties’ Substantive
Response to Notice of Initiation,’’ dated January 3,
2022.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated On December 1, 2021,’’ dated January 20,
2022.
PO 00000
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16457
7219.11.00.30, 7219.11.00.60,
7219.12.00.06, 7219.12.00.21,
7219.12.00.26, 7219.12.00.51,
7219.12.00.56, 7219.12.00.66,
7219.12.00.71, 7219.12.00.81,
7219.31.00.10, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.11.00.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.90.00.10, 7220.90.00.15,
7220.90.00.60, and 7220.90.00.80.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to the Order is
dispositive.6
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
appendix 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), which 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, we determine that
revocation of the Order would be likely
to lead to continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
6 For a complete discussion of the scope, see
Memorandum, ‘‘Issues and Decision Memorandum
for the Final Results of the Fourth Sunset Review
of the Countervailing Duty Order on Stainless Steel
Plate in Coils from South Africa,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Agencies
[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16455-16457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06076]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Final Results
and Final Rescission, In Part, of the 26th Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has completed its
administrative review of the antidumping duty order on fresh garlic
from the People's Republic of China (China) for the period of review
(POR) November 1, 2019, through October 31, 2020. We determine that
mandatory respondent, Jining Shunchang Import & Export Co., Ltd.
(Shunchang) failed to establish its eligibility for a separate rate
and, therefore, is part of the China-wide entity. We are rescinding the
review with respect to Zhengzhou Harmoni Spice Co., Ltd. (Harmoni).
DATES: Applicable March 23, 2022.
FOR FURTHER INFORMATION CONTACT: Jacob Saude, 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) 482-0981.
SUPPLEMENTARY INFORMATION:
Background
On November 30, 2021, Commerce published the preliminary results of
the twenty-sixth administrative review of fresh garlic from China.\1\
No interested party submitted comments concerning the Preliminary
Results or requested that a hearing be held. Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
[[Page 16456]]
The current deadline for the final results is March 30, 2022.
---------------------------------------------------------------------------
\1\ See Fresh Garlic from the People's Republic of China:
Preliminary Results, Preliminary Rescission, and Final Rescission,
In Part, of the 26th Antidumping Duty Administrative Review; 2019-
2020, 86 FR 67911 (November 30, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Order
The products subject to 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).
Although the HTSUS subheadings are provided for convenience and
customs purposes, the 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.
Final Partial Rescission of Administrative Review
In the Preliminary Results, Commerce determined that the review
request from Roots Farm for Harmoni was invalid ab initio, and it
preliminarily rescinded the administrative review with respect to
Harmoni. Because Commerce did not receive any comments on its
preliminary finding, Commerce continues to find that the review request
from Roots Farm was invalid ab initio, and Commerce is rescinding this
review with respect to Harmoni.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\2\ Under this policy, the
China-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 China-wide entity in this review,
and Commerce did not self-initiate a 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 companies for which the review has been or is being
rescinded, Commerce 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 China-wide entity.
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margin exists for the administrative review covering the period
November 1, 2019, through October 31, 2020:
------------------------------------------------------------------------
Weighted-
average
margin
Exporter (dollars
per
kilogram)
------------------------------------------------------------------------
China-Wide Entity \3\....................................... 4.71
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\3\ The companies that are part of the China-wide entity in this
review are Jining Shunchang Import & Export Co., Ltd. and Jining
Shunchang Food Co., Ltd.
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and 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 no earlier than 35 days after the
publication date of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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 China entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice in the
Federal Register, as provided by sections 751(a)(2) of the Act: (1) For
the companies identified in the chart above, the cash deposit rate will
be the China-wide rate; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all Chinese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the China-wide rate of 4.71 U.S.
dollars per kilogram; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to Chinese exporter that supplied that
non-Chinese exporter. These requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notifications Regarding Administrative Protection Order
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, which continues
to govern business proprietary information in this segment of the
proceeding. 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.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections
[[Page 16457]]
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: March 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06076 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P