Notice2022-06076
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
Primary source
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Published
March 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 56 (Wednesday, March 23, 2022)</title>
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[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16455-16457]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06076]
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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.
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\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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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.
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\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).
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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:
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Weighted-
average
margin
Exporter (dollars
per
kilogram)
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China-Wide Entity \3\....................................... 4.71
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Assessment Rates
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\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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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
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