Notice2021-26022
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting the 26th administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (China). The period of review (POR) for the administrative review is November 1, 2019, through October 31, 2020. Commerce preliminarily determines that the only mandatory respondent for which a request for review remains, 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 also preliminarily find that the review request made by The Roots Farm Inc. (Roots Farm) was not valid, and accordingly, because it was the sole remaining request for the other mandatory respondent, Zhengzhou Harmoni Spice Co., Ltd. (Harmoni), we have preliminarily rescinded the review with respect to Harmoni. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 227 (Tuesday, November 30, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67911-67913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26022]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting the 26th
administrative review of the antidumping duty order on fresh garlic
from the People's Republic of China (China). The period of review (POR)
for the administrative review is November 1, 2019, through October 31,
2020. Commerce preliminarily determines that the only mandatory
respondent for which a request for review remains, 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 also preliminarily find that the review request made by The
Roots Farm Inc. (Roots Farm) was not valid, and accordingly, because it
was the sole remaining request for the other mandatory respondent,
Zhengzhou Harmoni Spice Co., Ltd. (Harmoni), we have preliminarily
rescinded the review with respect to Harmoni. We invite interested
parties to comment on these preliminary results.
DATES: Applicable November 30, 2021.
FOR FURTHER INFORMATION CONTACT: Leo Ayala or Charles DeFilippo, 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) 482-3945 or (202) 482-3979.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce initiated the twenty-sixth
administrative review of antidumping duty order on fresh garlic from
China \1\ with respect to eighteen companies.\2\ Commerce initially
selected Harmoni for individual examination.\3\ After issuing a
standing questionnaire to Roots Farm, and Roots Farm's failure to
timely respond, Commerce indicated its intent to preliminarily rescind
review of Harmoni, and selected Shunchang as the only respondent
subject to individual examination.\4\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511, 515 (January 6, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated April 12, 2021.
\4\ See Memorandum, ``Intent to Preliminarily Rescind, in
Part,'' dated July 6, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products subject to the Order are all grades of garlic, whole
or separated into constituent cloves. Fresh garlic that are subject to
the Order are currently classified under the Harmonized Tariff Schedule
of the United States (HTSUS) 0703.20.0000, 0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, and
2005.99.9700. Although the HTSUS numbers are provided for convenience
and customs purposes, the written product description remains
dispositive. For a full description of the scope of this Order, please
see the ``Scope of the Order'' section in the accompanying Preliminary
Decision Memorandum, hereby adopted by this notice.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results, Preliminary Rescission, and Final Rescission, In Part, of
the 2019-2020 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).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
On March 23, 2021, all review requests were timely withdrawn for
fifteen companies.\6\ Commerce is, therefore, partially rescinding this
administrative review with respect to the companies listed in Appendix
I, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\6\ See Best Buy Letter, ``Fresh Garlic from the People's
Republic of China--Withdrawal of Request for Administrative
Review,'' dated February 17, 2021; see also Petitioners' Letter,
``26th Administrative Review of the Antidumping Duty Order on Fresh
Garlic from the People's Republic of China--Petitioners' Partial
Withdrawal of Review Request,'' dated March 23, 2021; and Harmoni's
Letter, ``Harmoni Withdrawal of Review Request: Twenty-Sixth
Administrative Review of the Antidumping Duty Order on Fresh Garlic
from the People's Republic of China (A-570-831),'' dated March 26,
2021.
---------------------------------------------------------------------------
Preliminary Rescission of Administrative Review
As discussed in the accompanying Preliminary Decision Memorandum,
Commerce has preliminarily determined that the review request from
Roots Farm was invalid ab initio, and is preliminarily rescinding the
[[Page 67912]]
administrative review with respect to one mandatory respondent,
Harmoni.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended,
(the Act) and 19 CFR 351.214.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as Appendix II to this notice.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ 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,
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
is being rescinded or preliminarily rescinded, Commerce considers all
other companies \8\ for which a review was requested, and which did not
preliminarily qualify for a separate rate, to be part of the China-wide
entity. For additional information, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ 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).
\8\ The companies that are part of the China-wide entity are
Jining Shunchang Import & Export Co., Ltd. and Jining Shunchang Food
Co., Ltd.
---------------------------------------------------------------------------
Preliminary Results of Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period November 1, 2019, through October 31, 2020:
---------------------------------------------------------------------------
\9\ Id.
------------------------------------------------------------------------
Weighted-
average margin
Exporter (dollars per
kilogram)
------------------------------------------------------------------------
China-Wide Entity \9\.................................. 4.71
------------------------------------------------------------------------
Public Comment and Opportunity To Request a Hearing
Pursuant to 19 CFR 351.309(c)(1)(ii), case briefs or other written
comments may be submitted within thirty days after the date on which
this notice is published in the Federal Register, and rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\10\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. All electronically filed documents must be received
successfully and timely in their entirety by Commerce's electronic
records system, ACCESS.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 30 days of publication of this notice. Hearing requests
should contain the following information: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Oral presentations will be
limited to issues raised in the case and rebuttal briefs. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing.
Commerce intends to issue the final results of this review,
including the results of its analysis of the issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review, in accordance
with 19 CFR 351.212(b). 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). Commerce will 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 intends to issue
assessment instructions to CBP 35 days after the publication date of
the final results of review.
Commerce announced a refinement to its assessment practice in NME
cases. Pursuant to this refinement in practice, for merchandise that
was not reported in the U.S. sales databases submitted by an exporter
individually examined during this review, but that entered under the
case number of that exporter (i.e., at the individually-examined
exporter's cash deposit rate), Commerce will instruct CBP to liquidate
such entries at the NME-wide rate. In addition, if Commerce determines
that an exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
China-wide rate.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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, as provided by
sections 751(a)(2) of the Act: (1) For the companies listed above, the
cash deposit rate will be the rate established in these final results
of review (except, if the rate is zero or de minimis, then zero cash
deposit will be required for that company); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that have separate rates, the cash deposit rate will continue to
be the exporter-specific rate published for the most recent period; (3)
for all 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-
[[Page 67913]]
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter that supplied that non-Chinese exporter. These
requirements, when imposed, shall remain in effect until further
notice.
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 in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Companies for Which Administrative Reviews Have Been Rescinded
1. Hengshui Chaoran International Trade
2. Jining Greenstream Fruits & Vegetables Co., Ltd.
3. Jinxiang Wanxing Garlic Co., Ltd.
4. Laiwu Manhing Vegetables Fruits Corp.
5. Linyi Mingda Food Co., Ltd.
6. China Jiangsu International Economic Technical Cooperation
Corporation
7. Hebei Holy Flame International
8. Jining Alpha Food Co. Ltd.
9. Jinxiang Qingtian Garlic Industries
10. Qingdao Maycarrier Import & Export Co., Ltd.
11. Qingdao Ritai Food Co., Ltd.
12. Shandong Happy Foods Co., Ltd.
13. Shijiazhuang Goodman Trading Co., Ltd.
14. Weifang Hongqiao International Logistics Co., Ltd.
15. Yingxin (Wuqiang) International Trade
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Recommendation
[FR Doc. 2021-26022 Filed 11-29-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.