Fresh Garlic From the People's Republic of China: Preliminary Results, Partial Rescission, and Preliminary Intent To Rescind Antidumping Duty Administrative Review; 2021-2022, 84782-84784 [2023-26719]

Download as PDF 84782 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 deposits of estimated duties, where applicable.17 For entries of subject merchandise during the POR produced by either of the respondents for which they did not know that the merchandise was destined to the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.18 For the companies identified in Appendix II that were not selected for individual examination, we will instruct CBP to liquidate entries at the rate established after the completion of the final results of review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication 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 in the Federal Register of the notice of final results of administrative review for all shipments of CWP from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the respondents will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review or the original investigation but the producer is, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 4.80 percent, the all-others rate established in the less-than-fair-value investigation.19 These cash deposit 17 See section 751(a)(2)(C) of the Act. a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 19 See Order, 57 FR at 49453. 18 For VerDate Sep<11>2014 20:52 Dec 05, 2023 Jkt 262001 requirements, when imposed, shall remain in effect until further notice. Final Results of Review Unless the deadline is otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised by interested parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this 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. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: November 29, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rate for Non-Examined Companies V. Preliminary Determination of No Shipments VI. Affiliation VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation Appendix II—List of Companies Not Selected for Individual Examination 1. Aju Besteel 2. Bookook Steel 3. Chang Won Bending 4. Dae Ryung 5. Daewoo Shipbuilding & Marine Engineering 6. Daiduck Piping 7. Dong Yang Steel Pipe 8. Dongbu Steel 9. EEW Korea Company 10. Histeel 11. Hyundai RB 12. Kiduck Industries 13. Kum Kang Kind 14. Kumsoo Connecting PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 15. Miju Steel Mfg. 16. NEXTEEL Co., Ltd. 17. Samkand M & T 18. Seah FS 19. SeAH Steel Corporation 20. Steel Flower 21. YCP Co., Ltd [FR Doc. 2023–26721 Filed 12–5–23; 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: Preliminary Results, Partial Rescission, and Preliminary Intent To Rescind Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Jining Huahui International Co., Ltd. (Huahui) did not make bona fide sales of fresh garlic during the period of review (POR) November 1, 2021, through October 31, 2022. Therefore, Commerce preliminarily intends to rescind this administrative review with respect to Huahui. Interested parties are invited to comment on the preliminary results of this review. DATES: Applicable December 6, 2023. FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482–3797 or 202–482–0981, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 1, 2022, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (China)for the POR.1 On November 30, 2022, the petitioners,2 Zhengzhou Harmoni Spice Co., Ltd. (Harmoni), and 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 65750 (November 1, 2022). 2 The petitioners are the Fresh Garlic Producers Association and its individual members. The members of the Fresh Garlic Producers Association are: Christopher Ranch LLC; The Garlic Company; and Valley Garlic, Inc. E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices Huahui each timely requested an administrative review.3 On January 3, 2023, based on these timely requests for administrative review, Commerce initiated this administrative review.4 On January 13, 2023, the petitioners and Harmoni each withdrew their review requests, leaving Huahui as the sole remaining exporter subject to this review.5 On July 11, 2023, Commerce extended the time for issuing the preliminary results of this review to November 30, 2023.6 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.7 A list of topics discussed in the Preliminary Decision Memorandum is attached as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The product covered by the order is fresh garlic from China. For a complete description of the scope of this investigation, see the Prelimianry Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. lotter on DSK11XQN23PROD with NOTICES1 Partial Rescission Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 3 See Petitioners’ Letter, ‘‘Petitioners’ Request for Administrative Review,’’ dated November 30, 2022; see also Harmoni’s Letter, ‘‘Request for Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China,’’ dated November 30, 2022; and Huahui’s Letter, ‘‘Request for Administrative Review,’’ dated November 30, 2022. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 50 (January 3, 2023). 5 See Petitioners’ Letter, ‘‘Petitioners’ Withdrawal of Review Requests,’’ dated January 13, 2023; see also Harmoni’s Letter, ‘‘Harmoni Withdrawal of Review Request,’’ dated January 13, 2023. 6 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated July 11, 2023. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Antidumping Duty Administrative Review: Fresh Garlic from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 20:52 Dec 05, 2023 Jkt 262001 administrative review, in whole, or in part, if the party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation. As noted above, the petitioners and Harmoni timely withdrew their review requests. All requests to review the following companies were timely withdrawn: (1) Laiwu Ever Green Food Co., Ltd.; (2) Laiwu Manhing Vegetables Fruits Corp.; (3) Laiwu Taifeng Foods Co., Ltd.; (4) Ningbo Raffini Import & Export Co., Ltd.; (5) Qingdao Muyi International Trading Co., Ltd.; (6) Shandong Bairun Food Co., Ltd.; (7) Shanghai Yongtie Enterprise Management; and (8) Zhengzhou Harmoni Spice Co., Ltd. Because Huahui requested a review of itself, and did not withdraw its request, we are rescinding this review, in part, with respect to the companies in the petitioners and Harmoni’s review requests, except for Huahui, pursuant to 19 CFR 351.213(d)(1). Intent To Rescind Administrative Review As discussed in the Preliminary Decision Memorandum and Bona Fide Analysis Memorandum, Commerce preliminarily finds that the sales made by Huahui serving as the basis for this review are not bona fide sales of fresh garlic.8 Commerce reached this conclusion based on the totality of the record information surrounding Huahui’s reported sales, including, but not limited to, the sales prices, the profitability of the resold subject merchandise, the late payments, and the likelihood of future sales. Because the non-bona fide sales were the only reported sales of subject merchandise during the POR, we find that Huahui had no reviewable transactions during this POR. Accordingly, we preliminarily intend to rescind this administrative review.9 The factual information used in our bona fides analysis of Huahui’s sales involves business proprietary information. See the Bona Fide Analysis Memorandum for a full discussion of the basis for our preliminary findings. Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed 8 See Preliminary Decision Memorandum; see also Memorandum, ‘‘Preliminary Bona Fide Sales Analysis for Jining Huahui International Co., Ltd.,’’ dated concurrently with, and hereby adopted by, this notice (Bona Fide Analysis Memorandum). 9 See 19 CFR 351.213(d)(3). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 84783 not later than five days after the date for filing case briefs.10 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.11 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.12 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Verification On April 13, 2023, Commerce received a timely request from the petitioners to verify the information submitted by Huahui in the course of this administrative review, pursuant to section 782(i)(3). Because we intend to rescind this administrative review with 10 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 11 See 19 351.309(c)(2) and (d)(2). 12 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 13 See APO and Service Final Rule. E:\FR\FM\06DEN1.SGM 06DEN1 84784 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Notices Dated: November 29, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. respect to Huahui, we are not conducting a verification. Assessment Rates If Commerce proceeds to a final rescission of this administrative review, the assessment rate to which Huahui’s shipments are subject will not be affected by this review. If Commerce does not proceed to a final rescission of this administrative review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific (or customer-specific) assessment reates based on the final results of this review. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i). Appendix—List of Topics Discussed in the Preliminary Decision Memorandum Cash Deposit Requirements AGENCY: If Commerce proceeds to a final recission of ths administrative review, Huahui’s cash deposit rate will continue to be the China-wide rate of $4.71 per kilogram.14 If Commerce issues the final results for this administrative review, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties We are issuing and publishing these preliminary results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4). 14 See Fresh Garlic from the People’s Republic of China: Final Results and Partial Rescission of the 14th Antidumping Duty Administrative Review, 75 FR 34976 (June 21, 2010). VerDate Sep<11>2014 20:52 Dec 05, 2023 Jkt 262001 I. Summary II. Background III. Scope of the Order IV. Rescission of Administrative Review, In Part V. Discussion of the Methodology VI. Recommendation [FR Doc. 2023–26719 Filed 12–5–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with October anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable December 6, 2023. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders with October anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Respondent Selection In the event that Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review (POR). We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. In the event that Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act), the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating AD rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this AD proceeding (e.g., investigation, administrative review, new shipper review, or changed circumstances review). For any company subject to this review, if Commerce determined, or continued to treat, that company as collapsed with others, Commerce will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, Commerce will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general, each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84782-84784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results, Partial Rescission, and Preliminary Intent To Rescind 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Jining Huahui International Co., Ltd. (Huahui) did not 
make bona fide sales of fresh garlic during the period of review (POR) 
November 1, 2021, through October 31, 2022. Therefore, Commerce 
preliminarily intends to rescind this administrative review with 
respect to Huahui. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Applicable December 6, 2023.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or 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) 482-3797 or 202-482-
0981, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2022, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on fresh 
garlic from the People's Republic of China (China)for the POR.\1\ On 
November 30, 2022, the petitioners,\2\ Zhengzhou Harmoni Spice Co., 
Ltd. (Harmoni), and

[[Page 84783]]

Huahui each timely requested an administrative review.\3\ On January 3, 
2023, based on these timely requests for administrative review, 
Commerce initiated this administrative review.\4\ On January 13, 2023, 
the petitioners and Harmoni each withdrew their review requests, 
leaving Huahui as the sole remaining exporter subject to this 
review.\5\ On July 11, 2023, Commerce extended the time for issuing the 
preliminary results of this review to November 30, 2023.\6\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \2\ The petitioners are the Fresh Garlic Producers Association 
and its individual members. The members of the Fresh Garlic 
Producers Association are: Christopher Ranch LLC; The Garlic 
Company; and Valley Garlic, Inc.
    \3\ See Petitioners' Letter, ``Petitioners' Request for 
Administrative Review,'' dated November 30, 2022; see also Harmoni's 
Letter, ``Request for Administrative Review of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China,'' dated 
November 30, 2022; and Huahui's Letter, ``Request for Administrative 
Review,'' dated November 30, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
    \5\ See Petitioners' Letter, ``Petitioners' Withdrawal of Review 
Requests,'' dated January 13, 2023; see also Harmoni's Letter, 
``Harmoni Withdrawal of Review Request,'' dated January 13, 2023.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 11, 
2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\7\ A list of topics discussed in the Preliminary Decision 
Memorandum is attached as the appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov. In addition, a complete version of 
the Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review: 
Fresh Garlic from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is fresh garlic from China. For a 
complete description of the scope of this investigation, see the 
Prelimianry Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole, or in part, if the party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation. As noted above, the 
petitioners and Harmoni timely withdrew their review requests. All 
requests to review the following companies were timely withdrawn: (1) 
Laiwu Ever Green Food Co., Ltd.; (2) Laiwu Manhing Vegetables Fruits 
Corp.; (3) Laiwu Taifeng Foods Co., Ltd.; (4) Ningbo Raffini Import & 
Export Co., Ltd.; (5) Qingdao Muyi International Trading Co., Ltd.; (6) 
Shandong Bairun Food Co., Ltd.; (7) Shanghai Yongtie Enterprise 
Management; and (8) Zhengzhou Harmoni Spice Co., Ltd. Because Huahui 
requested a review of itself, and did not withdraw its request, we are 
rescinding this review, in part, with respect to the companies in the 
petitioners and Harmoni's review requests, except for Huahui, pursuant 
to 19 CFR 351.213(d)(1).

Intent To Rescind Administrative Review

    As discussed in the Preliminary Decision Memorandum and Bona Fide 
Analysis Memorandum, Commerce preliminarily finds that the sales made 
by Huahui serving as the basis for this review are not bona fide sales 
of fresh garlic.\8\ Commerce reached this conclusion based on the 
totality of the record information surrounding Huahui's reported sales, 
including, but not limited to, the sales prices, the profitability of 
the resold subject merchandise, the late payments, and the likelihood 
of future sales.
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum; see also Memorandum, 
``Preliminary Bona Fide Sales Analysis for Jining Huahui 
International Co., Ltd.,'' dated concurrently with, and hereby 
adopted by, this notice (Bona Fide Analysis Memorandum).
---------------------------------------------------------------------------

    Because the non-bona fide sales were the only reported sales of 
subject merchandise during the POR, we find that Huahui had no 
reviewable transactions during this POR. Accordingly, we preliminarily 
intend to rescind this administrative review.\9\ The factual 
information used in our bona fides analysis of Huahui's sales involves 
business proprietary information. See the Bona Fide Analysis Memorandum 
for a full discussion of the basis for our preliminary findings.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\10\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\12\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\13\
---------------------------------------------------------------------------

    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Verification

    On April 13, 2023, Commerce received a timely request from the 
petitioners to verify the information submitted by Huahui in the course 
of this administrative review, pursuant to section 782(i)(3). Because 
we intend to rescind this administrative review with

[[Page 84784]]

respect to Huahui, we are not conducting a verification.

Assessment Rates

    If Commerce proceeds to a final rescission of this administrative 
review, the assessment rate to which Huahui's shipments are subject 
will not be affected by this review. If Commerce does not proceed to a 
final rescission of this administrative review, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment reates based on the final results of this review.
    For the companies for which this review is rescinded, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(l)(i).

Cash Deposit Requirements

    If Commerce proceeds to a final recission of ths administrative 
review, Huahui's cash deposit rate will continue to be the China-wide 
rate of $4.71 per kilogram.\14\ If Commerce issues the final results 
for this administrative review, Commerce will instruct U.S. Customs and 
Border Protection to collect cash deposits, effective upon the 
publication of the final results, at the rates established therein.
---------------------------------------------------------------------------

    \14\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 14th Antidumping Duty 
Administrative Review, 75 FR 34976 (June 21, 2010).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2023-26719 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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