Fresh Garlic From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 51495-51497 [2024-13378]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices online at the Federal eRulemaking Portal (https://www.regulations.gov). A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. Data furnished by the applicants will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, failure to provide data could result in program benefits being withheld or denied. Title: Higher Blends Infrastructure Incentive Program (HBIIP). OMB Control Number: 0570–0072. Type of Request: Extension of a currently approved information collection. Abstract: HBIIP is intended to encourage a more comprehensive approach to marketing higher blends biofuels by sharing the costs related to building out biofuel-related infrastructure. To be eligible for this program, a project’s sole purpose must be to assist transportation fueling and biodiesel distribution facilities with converting to higher ethanol and biodiesel blend friendly status by sharing the costs related to the installation, and/or retrofitting, and/or otherwise upgrading of fuel storage, dispenser/pumps, related equipment, and infrastructure. An eligible project must conform to all applicable Federal, State, and local regulatory requirements. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 8.03 hours per response. Respondents: Owners of transportation fueling, and fuel distribution facilities located in the United States. Estimated Number of Respondents: 641. Estimated Number of Responses per Respondent: 1.06. Estimated Number of Responses: 10,477. Estimated Total Annual Burden on Respondents: 84,177 hours. Copies of this information collection can be obtained from Susan Woolard, RD Innovation Center—Regulations Management Division, Telephone: 202– 720–9631, email: susan.woolard@ usda.gov. All responses to this notice will be summarized and included in the request VerDate Sep<11>2014 17:57 Jun 17, 2024 Jkt 262001 for OMB approval. All comments will also become a matter of public record. Kathryn E. Dirksen Londrigan, Administrator, Rural Business-Cooperative Service, USDA Rural Development. 51495 Dated: June 12, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–13338 Filed 6–17–24; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2024–13326 Filed 6–17–24; 8:45 am] BILLING CODE 3410–XT–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board DEPARTMENT OF COMMERCE [S–70–2024] Foreign-Trade Zones Board Approval of Subzone Status; Sediver USA, Inc.; West Memphis, Arkansas [B–32–2024] Foreign-Trade Zone (FTZ) 22, Notification of Proposed Production Activity; AbbVie, Inc.; (Pharmaceutical Products); North Chicago, Illinois AbbVie, Inc. submitted a notification of proposed production activity to the FTZ Board (the Board) for its facilities in North Chicago, Illinois within Subzone 22S. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on May 31, 2024. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material/ component described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed material/component would be added to the production authority that the Board previously approved for the operation, as reflected on the Board’s website. The proposed foreign-status material/ component is 2-Bromo-5-tosyl-5Hpyrrolo[2,3-b]pyrazine (duty rate is 6.5%). The request indicates the material/component is subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is July 29, 2024. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Juanita Chen at juanita.chen@trade.gov. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 On April 17, 2024, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City of West Memphis, Arkansas Public Facilities Board, grantee of FTZ 273, requesting subzone status subject to the existing activation limit of FTZ 273, on behalf of Sediver USA, Inc., in West Memphis, Arkansas. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (89 FR 35058, May 1, 2024). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 273B was approved on June 13, 2024, subject to the FTZ Act and the Board’s regulations, including section 400.13, and further subject to FTZ 273’s 2,000-acre activation limit. Dated: June 13, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–13374 Filed 6–17–24; 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: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that small and large garlic chunks produced in the People’s Republic of China (China) and exported to the United States constitute merchandise altered in form or appearance in such minor respects that they should be included AGENCY: E:\FR\FM\18JNN1.SGM 18JNN1 51496 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices within the scope of the antidumping duty (AD) order on fresh garlic from China. As a result, small and large garlic chunks will be subject to suspension of liquidation effective June 8, 2023. DATES: Applicable June 18, 2024. FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, 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) 482–1246. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 Background On November 14, 2023, Commerce published the Preliminary Determination of the circumvention inquiry of the AD order on fresh garlic from China, in which Commerce determined that imports of small and large garlic chunks from China are circumventing the Order.1 We invited parties to comment on the Preliminary Determination and received timely filed comments and rebuttal comments from interested parties.2 On April 2, 2024, Commerce extended the deadline for the final determination until June 7, 2024.3 For a complete description of events that followed the Preliminary Determination, as well as a full discussion of the issues raised by parties for consideration in the final determination, see the Issues and Decision Memorandum.4 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 1 See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16, 1994) (Order); see also Fresh Garlic from the People’s Republic of China: Preliminary Affirmative Determination of Circumvention, 88 FR 77959 (November 14, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Green Garden Produce, LLC’s Letter, ‘‘Green Garden Produce, LLC’s Comments on Commerce’s Preliminary Affirmative Determination of the Circumvention for Small and Large Garlic Chunks,’’ dated December 5, 2023; see also the Fresh Garlic Producers Association and its individual members’ Letter, ‘‘Petitioners’ Rebuttal to Green Garden’s Comments on Preliminary Affirmative Determination of Circumvention,’’ dated December 19, 2023; see also I Love Produce, LLC’s Letter, ‘‘Rebuttal Comments to Green Garden’s Comments on DOC’s Preliminary Affirmative Circumvention Determination,’’ dated December 19, 2023. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of Circumvention Inquiry,’’ dated April 2, 2024. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Circumvention Determination of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:57 Jun 17, 2024 Jkt 262001 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 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the Order is fresh garlic from China. The subject garlic is currently classifiable under subheadings 0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060, 0710.80.97500, 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, our written description of the scope of the Order is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers small and large garlic chunks produced in China and exported to the United States. A complete description of the merchandise subject to the circumvention inquiry is contained in the Issues and Decision Memorandum. Methodology Commerce is conducting this circumvention inquiry pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.226(j). For a complete description of the methodology underlying the final determination, see the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. Changes Since the Preliminary Determination All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. Based on our analysis of the comments received from interested parties, we made no change to the Preliminary Determination. Final Circumvention Determination As detailed in the Issues and Decision Memorandum, we determine that small and large garlic chunks produced in China and exported to the United States constitute merchandise altered in form PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 or appearance in such minor respects that they should be included within the scope of the Order, pursuant to section 781(c) of the Act and 19 CFR 351.226(j). We also determine that this affirmative circumvention finding should be applied on a country-wide basis. For a detailed explanation of our determinations with respect to small and large garlic chunks, see the Preliminary Determination PDM and the Issues and Decision Memorandum. Suspension of Liquidation and Cash Deposit Requirements In accordance with 19 CFR 351.226(l)(3), based on this affirmative final determination, Commerce will direct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of previously suspended entries and to suspend liquidation and require a cash deposit of estimated duties on unliquidated entries of small and large garlic chunks produced in and exported from China that are entered, or withdrawn from warehouse, for consumption on or after June 8, 2023 (i.e., the date of the publication of the Initiation Notice 5). Pursuant to 19 CFR 351.226(l)(3), we will also instruct CBP to require AD cash deposit rates in effect for fresh garlic for each unliquidated entry of small and large garlic chunks produced in and exported from China that have been entered, or withdrawn from warehouse, for consumption on or after June 8, 2023 (i.e., the date of the initiation of this inquiry).6 The suspension of liquidation instructions and cash deposit requirements will remain in effect until further notice. Opportunity To Request an Administrative Review Each year during the anniversary month of the publication of an AD or countervailing duty (CVD) order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Act, may request, in accordance with 19 CFR 351.213, that Commerce conduct an administrative review of that AD or CVD order, finding, or suspended investigation. An interested party who would like Commerce to conduct an administrative review should wait until Commerce announces via the Federal Register the next opportunity during the anniversary month of the publication of the Order to submit such requests. The anniversary month for this Order is November. 5 See Fresh Garlic from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty Order, 88 FR 37510 (June 8, 2023) (Initiation Notice). 6 See Order. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices Administrative Protective Order This notice will serve as the only reminder to all parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with section 781(c) of the Act and 19 CFR 351.226(g)(2). Dated: June 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the Circumvention Inquiry V. Period of the Circumvention Inquiry VI. Discussion of the Issues Comment 1: Whether the Inquiry Merchandise Is Excluded from the Order Due to Preservation by the Addition of Other Ingredients Comment 2: Whether the Inquiry Merchandise Is Excluded from the Order by being ‘‘Further Processed’’ Comment 3: Whether the Inquiry Merchandise Has Undergone Minor Alteration VII. Recommendation [FR Doc. 2024–13378 Filed 6–17–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration lotter on DSK11XQN23PROD with NOTICES1 [C–570–980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being AGENCY: VerDate Sep<11>2014 17:57 Jun 17, 2024 Jkt 262001 provided to producers/exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (China) during the period of review (POR) January 1, 2021, through December 31, 2021. DATES: Applicable June 18, 2024. FOR FURTHER INFORMATION CONTACT: Jose Rivera or Peter Shaw, 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) 482–0842 or (202) 482–0697, respectively. SUPPLEMENTARY INFORMATION: Background On December 22, 2024, Commerce published the preliminary results of this administrative review.1 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 Scope of the Order The products covered by the order are solar cells from China.3 For a full description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is attached to this notice at Appendix I. 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 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission, and Rescission, in Part; 2021, 88 FR 88575 (December 22, 2024) (Preliminary Results). 2 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012). On March 20, 2024, based on a changed circumstances review, Commerce amended the Order. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part, 89 FR 19809 (March 20, 2024) (Order). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 51497 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/FRN oticesListLayout.aspx. Changes Since the Preliminary Results Based on comments received from interested parties and record information, we made certain changes from the Preliminary Results regarding the calculations of Chint Solar (Zhejiang) Co., Ltd. (Chint Solar) and High Hope Zhongtian Corporation’s (High Hope Zhongtian) program rates. These changes are explained in the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found countervailable, Commerce finds that there is a subsidy, i.e., a governmentprovided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a description of the methodology underlying all of Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to section 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review The Act and Commerce’s regulations do not directly address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies that were not selected for individual examination in an administrative review. Section 777A(e)(2) of the Act provides that ‘‘the individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}.’’ Under section 705(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51495-51497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13378]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Affirmative 
Final Determination of Circumvention of the Antidumping Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
small and large garlic chunks produced in the People's Republic of 
China (China) and exported to the United States constitute merchandise 
altered in form or appearance in such minor respects that they should 
be included

[[Page 51496]]

within the scope of the antidumping duty (AD) order on fresh garlic 
from China. As a result, small and large garlic chunks will be subject 
to suspension of liquidation effective June 8, 2023.

DATES: Applicable June 18, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, 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) 482-1246.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2023, Commerce published the Preliminary 
Determination of the circumvention inquiry of the AD order on fresh 
garlic from China, in which Commerce determined that imports of small 
and large garlic chunks from China are circumventing the Order.\1\ We 
invited parties to comment on the Preliminary Determination and 
received timely filed comments and rebuttal comments from interested 
parties.\2\ On April 2, 2024, Commerce extended the deadline for the 
final determination until June 7, 2024.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 59209 (November 16, 1994) (Order); see also 
Fresh Garlic from the People's Republic of China: Preliminary 
Affirmative Determination of Circumvention, 88 FR 77959 (November 
14, 2023) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Green Garden Produce, LLC's Letter, ``Green Garden 
Produce, LLC's Comments on Commerce's Preliminary Affirmative 
Determination of the Circumvention for Small and Large Garlic 
Chunks,'' dated December 5, 2023; see also the Fresh Garlic 
Producers Association and its individual members' Letter, 
``Petitioners' Rebuttal to Green Garden's Comments on Preliminary 
Affirmative Determination of Circumvention,'' dated December 19, 
2023; see also I Love Produce, LLC's Letter, ``Rebuttal Comments to 
Green Garden's Comments on DOC's Preliminary Affirmative 
Circumvention Determination,'' dated December 19, 2023.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Circumvention Inquiry,'' dated April 2, 2024.
---------------------------------------------------------------------------

    For a complete description of events that followed the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for consideration in the final determination, see the Issues 
and Decision Memorandum.\4\ 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Circumvention Determination of the Antidumping 
Duty Order on Fresh Garlic from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is fresh garlic from China. 
The subject garlic is currently classifiable under subheadings 
0703.20.0005, 0703.20.0010, 0703.20.0015, 0703.20.0020, 0703.20.0000, 
0703.20.0090, 0710.80.7060, 0710.80.97500, 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, our written 
description of the scope of the Order is dispositive. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers small and large garlic chunks 
produced in China and exported to the United States. A complete 
description of the merchandise subject to the circumvention inquiry is 
contained in the Issues and Decision Memorandum.

Methodology

    Commerce is conducting this circumvention inquiry pursuant to 
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.226(j). For a complete description of the methodology 
underlying the final determination, see the Issues and Decision 
Memorandum. A list of topics discussed in the Issues and Decision 
Memorandum is attached as an appendix to this notice.

Changes Since the Preliminary Determination

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. 
Based on our analysis of the comments received from interested parties, 
we made no change to the Preliminary Determination.

Final Circumvention Determination

    As detailed in the Issues and Decision Memorandum, we determine 
that small and large garlic chunks produced in China and exported to 
the United States constitute merchandise altered in form or appearance 
in such minor respects that they should be included within the scope of 
the Order, pursuant to section 781(c) of the Act and 19 CFR 351.226(j). 
We also determine that this affirmative circumvention finding should be 
applied on a country-wide basis. For a detailed explanation of our 
determinations with respect to small and large garlic chunks, see the 
Preliminary Determination PDM and the Issues and Decision Memorandum.

Suspension of Liquidation and Cash Deposit Requirements

    In accordance with 19 CFR 351.226(l)(3), based on this affirmative 
final determination, Commerce will direct U.S. Customs and Border 
Protection (CBP) to continue the suspension of liquidation of 
previously suspended entries and to suspend liquidation and require a 
cash deposit of estimated duties on unliquidated entries of small and 
large garlic chunks produced in and exported from China that are 
entered, or withdrawn from warehouse, for consumption on or after June 
8, 2023 (i.e., the date of the publication of the Initiation Notice 
\5\). Pursuant to 19 CFR 351.226(l)(3), we will also instruct CBP to 
require AD cash deposit rates in effect for fresh garlic for each 
unliquidated entry of small and large garlic chunks produced in and 
exported from China that have been entered, or withdrawn from 
warehouse, for consumption on or after June 8, 2023 (i.e., the date of 
the initiation of this inquiry).\6\ The suspension of liquidation 
instructions and cash deposit requirements will remain in effect until 
further notice.
---------------------------------------------------------------------------

    \5\ See Fresh Garlic from the People's Republic of China: 
Initiation of Circumvention Inquiry on the Antidumping Duty Order, 
88 FR 37510 (June 8, 2023) (Initiation Notice).
    \6\ See Order.
---------------------------------------------------------------------------

Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or countervailing duty (CVD) order, finding, or suspended 
investigation, an interested party, as defined in section 771(9) of the 
Act, may request, in accordance with 19 CFR 351.213, that Commerce 
conduct an administrative review of that AD or CVD order, finding, or 
suspended investigation. An interested party who would like Commerce to 
conduct an administrative review should wait until Commerce announces 
via the Federal Register the next opportunity during the anniversary 
month of the publication of the Order to submit such requests. The 
anniversary month for this Order is November.

[[Page 51497]]

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(c) of the Act and 19 CFR 351.226(g)(2).

    Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Discussion of the Issues
    Comment 1: Whether the Inquiry Merchandise Is Excluded from the 
Order Due to Preservation by the Addition of Other Ingredients
    Comment 2: Whether the Inquiry Merchandise Is Excluded from the 
Order by being ``Further Processed''
    Comment 3: Whether the Inquiry Merchandise Has Undergone Minor 
Alteration
    VII. Recommendation

[FR Doc. 2024-13378 Filed 6-17-24; 8:45 am]
BILLING CODE 3510-DS-P

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