Notice2023-24993
Fresh Garlic From the People's Republic of China: Preliminary Affirmative Determination of Circumvention
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 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of small and large garlic chunks from the People's Republic of China (China) are circumventing the antidumping (AD) order on fresh garlic from China.
Full Text
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<title>Federal Register, Volume 88 Issue 218 (Tuesday, November 14, 2023)</title>
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[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 77959-77960]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24993]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Preliminary
Affirmative Determination of Circumvention
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of small and large garlic chunks from the
People's Republic of China (China) are circumventing the antidumping
(AD) order on fresh garlic from China.
DATES: Applicable November 14, 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 16, 1994, Commerce published the AD order on imports of
fresh garlic from China.\1\ On February 16, 2023, the Fresh Garlic
Producers Association and its individual members (collectively, the
petitioners) requested that Commerce initiate a circumvention inquiry
with regard to small and large garlic chunks that are exported to the
United States from China.\2\ In the Circumvention Request, the
petitioners alleged that small and large garlic chunks constitute
merchandise altered in form or appearance in such minor respects that
it should be included within the scope of the Order, pursuant to
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19
CFR 251.226(j).\3\
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\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209 (November 16, 1994) (Order).
\2\ See Petitioners Letter, ``Petitioners' Request for
Circumvention Ruling Pursuant to Section 781(c) of the Tariff Act of
1930, As Amended,'' dated February 16, 2023 (Circumvention Request).
\3\ See Circumvention Request.
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On June 8, 2023, Commerce published in the Federal Register the
notice of initiation of this circumvention inquiry.\4\ In the
Initiation Notice,
[[Page 77960]]
Commerce initiated the circumvention inquiry on the basis of the minor
alterations allegation, pursuant to section 781(c) of the Act and 19
CFR 351.226(j).\5\ Commerce initiated the inquiry on a country-wide
basis.\6\ For a complete description of events that followed the
initiation of this inquiry, see the Preliminary Decision Memorandum.\7\
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\4\ 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), and accompanying
Initiation Checklist.
\5\ See Initiation Notice.
\6\ Id.
\7\ See Memorandum, ``Fresh Garlic from the People's Republic of
China: Preliminary Affirmative Determination of Circumvention for
Small and Large Garlic Chunks,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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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 Preliminary 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 Preliminary Decision Memorandum.
Methodology
Commerce is conducting this circumvention inquiry pursuant to
section 781(c) of the Act and 19 CFR 351.226(j). For a complete
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. 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="https://access.trade.gov">https://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>.
Preliminary Affirmative Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, we
preliminarily 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 preliminarily determine that
this affirmative circumvention finding should be applied on a country-
wide basis.
Suspension of Liquidation
In accordance with 19 CFR 351.226(l)(2), we will direct U.S.
Customs and Border Protection (CBP) to continue the suspension of
liquidation of previously suspended entries and to suspend liquidation
of all 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).\8\ Pursuant to 19 CFR
351.226(l)(2), 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.\9\ These suspension of liquidation instructions and cash
deposit requirements will remain in effect until further notice.
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\8\ See Initiation Notice.
\9\ See Order.
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Public Comment
Pursuant to 19 CFR 351.226(f)(4), interested parties may submit
case briefs or other written comments within 14 days of the date of
publication of this notice; seven days thereafter, interested parties
may submit rebuttal comments. In accordance with 19 CFR 351.226(f)(4),
no new factual information will be accepted in the comments or rebuttal
comments.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days after the date of publication
of this notice. Requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; (3) whether any
participant is a foreign national; and (4) a list of the issues to be
discussed. If a request for a hearing is made, parties will be notified
of the date and time for the hearing at a later date. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date of the hearing.
All submissions must be filed electronically and received
successfully in their entirety via ACCESS by 5:00 p.m. Eastern Time on
the date that they are due. Note that Commerce has amended certain of
its requirements pertaining to the service of documents in 19 CFR
351.303(f).\10\
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\10\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Notification to Interested Parties
This determination is issued and published in accordance with
sections section 781(c) of the Act and 19 CFR 351.226(g)(1).
Dated: November 6, 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. Merchandise Subject to the Circumvention Inquiry
V. Statutory and Regulatory Framework: Minor Alterations
VI. Circumvention Analysis
VII. Preliminary Affirmative Determination of Circumvention
VIII. Country-Wide Determination
IX. Recommendation
[FR Doc. 2023-24993 Filed 11-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 14, 2023.
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