Notice2023-26719
Fresh Garlic From the People's Republic of China: Preliminary Results, Partial Rescission, and Preliminary Intent To Rescind Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84782-84784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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\
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\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.
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of
the Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\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).
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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.
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\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).
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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.
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\9\ See 19 CFR 351.213(d)(3).
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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\
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\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).
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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\
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\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.
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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
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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.
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\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).
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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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</html>Indexed from Federal Register on December 6, 2023.
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