Notice2024-12351
Fresh Garlic From the People's Republic of China: Final Results and Rescission of Antidumping Duty Administrative Review; 2021-2022
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
June 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Jining Huahui International Co., Ltd. (Huahui) did not make a bona fide sale of fresh garlic during the period of review (POR) November 1, 2021 through October 31, 2022. Therefore, we are rescinding this administrative review.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48373-48374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12351]
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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 Rescission of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Jining Huahui International Co., Ltd. (Huahui) did not make a bona fide
sale of fresh garlic during the period of review (POR) November 1, 2021
through October 31, 2022. Therefore, we are rescinding this
administrative review.
DATES: Applicable June 6, 2024.
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 December 6, 2023, Commerce published its Preliminary Results in
the Federal Register and invited interested parties to comment.\1\ On
January 12, 2024, Huahui timely submitted its case brief.\2\ On January
29, 2024, the petitioners \3\ timely submitted their rebuttal brief.\4\
On April 2, 2024, Commerce extended the deadline for these final
results until May 31, 2024.\5\
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\1\ See Fresh Garlic from the People's Republic of China:
Preliminary Results, Partial Rescission, and Preliminary Intent To
Rescind Antidumping Duty Administrative Review; 2021-2022, 88 FR
84782 (December 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM) and Preliminary Bona Fide
Analysis Memo.
\2\ See Huahui's Letter, ``Case Brief of Jining Huahui
International Co., Ltd.,'' dated January 12, 2024 (Huahui's Case
Brief).
\3\ The petitioners are the Fresh Garlic Producers Association
and its individual members Christopher Ranch, LLC, The Garlic
Company, and Valley Garlic, Inc.
\4\ See Petitioners' Letter, ``Petitioners' Rebuttal Case
Brief,'' dated January 29, 2024 (Petitioners' Rebuttal Brief).
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 2, 2024.
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Scope of the Order
The product covered by the order is fresh garlic from China. For a
full description of the scope, see the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on Fresh
Garlic from the People's Republic of China; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues addressed in case and rebuttal briefs are listed in the
appendix to this notice and are addressed in the Issues and Decision
Memorandum. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum is
available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Bona Fides Analysis and Rescission of Review
In the Preliminary Results, Commerce found that Huahui's sales of
subject merchandise to the United States during the POR were not bona
fide sales. Based on an analysis of the interested parties' comments,
we continue to find that Huahui did not have a bona fide sale during
the POR. Commerce reached this conclusion based on its consideration of
the totality of circumstances, including, but not limited to: (1) the
value and unit price of the sales; (2) the fact that the goods were not
resold at a profit; (3) the questionable arm's-length basis of the
sales; (4) and other relevant issues such as the circumstances
surrounding payment and likelihood of future sales. Consequently, we
are rescinding this administrative review with respect to Huahui and
Jining Huahui International Trade Co.
Assessment Rates
Because Commerce is rescinding this administrative review, we have
not calculated a company-specific dumping margin for Huahui. Huahui
remains part of the China-wide entity and the entry of its subject
merchandise during the POR will be assessed antidumping duties at the
China-wide entity rate. The China-wide entity rate is $4.71 per
kilogram.\7\
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\7\ 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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Cash Deposit Requirements
As noted above, Commerce is rescinding this administrative review.
Thus, we have not calculated a company-specific dumping margin for
Huahui. Therefore, entries of Huahui's subject merchandise continue to
be
[[Page 48374]]
subject to the China-wide entity cash deposit rate of $4.71 per
kilogram. This cash deposit requirement shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a final 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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation which is subject to sanction.
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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(3)
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Issues
Comment 1: Whether Commerce's Price Analysis Ignores Distortions
in the U.S. Customs and Border Protection Data
Comment 2: Whether Commerce's Analysis of Goods Resold at a
Profit Ignores Commercial Realities
Comment 3: Whether Commerce's Arm's Length Analysis Ignores
Huahui and Evaluates the Wrong Commercial Relationship
Comment 4: Whether Commerce's Analysis of Payments Ignores
Commerce's Established Practice
Comment 5: Whether Commerce's Analysis of Likelihood of Future
Sales Ignores Commercial Realities
V. Recommendation
[FR Doc. 2024-12351 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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