Notice2024-13044
Fresh Garlic From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order
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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that small and large garlic chunks produced in the People's Republic of China (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 antidumping duty (AD) order on fresh garlic from China. As a result, small and large garlic chunks will be subject to suspension of liquidation effective June 8, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50256-50257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13044]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Affirmative
Final Determination of Circumvention of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
small and large garlic chunks produced in the People's Republic of
China (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 antidumping duty (AD) order on
fresh garlic from China. As a result, small and large garlic chunks
will be subject to suspension of liquidation effective June 8, 2023.
DATES: Applicable June 13, 2024.
FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, 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) 482-1246.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2023, Commerce published the Preliminary
Determination of the circumvention inquiry of the AD order on fresh
garlic from China, in which Commerce determined that imports of small
and large garlic chunks from China are circumventing the Order.\1\ We
invited parties to comment on the Preliminary Determination and
received timely filed comments and rebuttal comments from interested
parties.\2\ On April 2, 2024, Commerce extended the deadline for the
final determination until June 7, 2024.\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); see also
Fresh Garlic from the People's Republic of China: Preliminary
Affirmative Determination of Circumvention, 88 FR 77959 (November
14, 2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Green Garden Produce, LLC's Letter, ``Green Garden
Produce, LLC's Comments on Commerce's Preliminary Affirmative
Determination of the Circumvention for Small and Large Garlic
Chunks,'' dated December 5, 2023; see also the Fresh Garlic
Producers Association and its individual members' Letter,
``Petitioners' Rebuttal to Green Garden's Comments on Preliminary
Affirmative Determination of Circumvention,'' dated December 19,
2023; see also I Love Produce, LLC's Letter, ``Rebuttal Comments to
Green Garden's Comments on DOC's Preliminary Affirmative
Circumvention Determination,'' dated December 19, 2023.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Circumvention Inquiry,'' dated April 2, 2024.
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For a complete description of events that followed the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for consideration in the final determination, see the Issues
and Decision Memorandum.\4\ 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 can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Circumvention Determination of the Antidumping
Duty Order on Fresh Garlic from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and 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 Issues and 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 Issues and Decision Memorandum.
Methodology
Commerce is conducting this circumvention inquiry pursuant to
section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19
CFR 351.226(j). For a complete description of the methodology
underlying the final determination, see the Issues and Decision
Memorandum. A list of topics discussed in the Issues and Decision
Memorandum is attached as an appendix to this notice.
Changes Since the Preliminary Determination
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum.
Based on our analysis of the comments received from interested parties,
we made no change to the Preliminary Determination.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, we 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 determine that this affirmative circumvention finding should be
applied on a country-wide basis. For a detailed explanation of our
determinations with respect to small and large garlic chunks, see the
Preliminary Determination PDM and the Issues and Decision Memorandum.
Suspension of Liquidation and Cash Deposit Requirements
In accordance with 19 CFR 351.226(l)(3), based on this affirmative
final determination, Commerce will direct U.S. Customs and Border
Protection (CBP) to continue the suspension of liquidation of
previously suspended entries and to suspend liquidation and require a
cash deposit of estimated duties on unliquidated 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
[[Page 50257]]
publication of the Initiation Notice \5\). Pursuant to 19 CFR
351.226(l)(3), 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 (i.e., the date of the initiation of this inquiry).\6\ The
suspension of liquidation instructions and cash deposit requirements
will remain in effect until further notice.
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\5\ 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).
\6\ See Order.
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Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or countervailing duty (CVD) order, finding, or suspended
investigation, an interested party, as defined in section 771(9) of the
Act, may request, in accordance with 19 CFR 351.213, that Commerce
conduct an administrative review of that AD or CVD order, finding, or
suspended investigation. An interested party who would like Commerce to
conduct an administrative review should wait until Commerce announces
via the Federal Register the next opportunity during the anniversary
month of the publication of the Order to submit such requests. The
anniversary month for this Order is November.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(c) of the Act and 19 CFR 351.226(g)(2).
Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Discussion of the Issues
Comment 1: Whether the Inquiry Merchandise Is Excluded from the
Order Due to Preservation by the Addition of Other Ingredients
Comment 2: Whether the Inquiry Merchandise Is Excluded from the
Order by being ``Further Processed''
Comment 3: Whether the Inquiry Merchandise Has Undergone Minor
Alteration
VII. Recommendation
[FR Doc. 2024-13044 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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