81 FR 33209 - Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind the New Shipper Review of Jinxiang Huameng Imp & Exp Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 101 (May 25, 2016)

The Department of Commerce (the Department) is conducting a new shipper review of Jinxiang Huameng Imp & Exp Co., Ltd. (Huameng) regarding the antidumping duty order on fresh garlic from the People's Republic of China (the PRC). The period of review (POR) is November 1, 2014 through April 30, 2015. The Department has preliminarily determined that Huameng's new shipper sale is not bona fide. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Pages 33209-33211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12336]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Intent To Rescind the New Shipper Review of Jinxiang Huameng Imp & Exp 
Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting a 
new shipper review of Jinxiang Huameng Imp & Exp Co., Ltd. (Huameng) 
regarding the antidumping duty order on fresh garlic from the People's 
Republic of China (the PRC). The period of review (POR) is November 1, 
2014 through April 30, 2015. The Department has preliminarily 
determined that

[[Page 33210]]

Huameng's new shipper sale is not bona fide. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective May 25, 2016.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION: 

Background

    On July 21, 2015, the Department published notice of initiation of 
a new shipper review of fresh garlic from the People's Republic of 
China for the period November 1, 2014 through April 30, 2015.\1\ On 
January 7, 2016, the Department extended the deadline for the 
preliminary results to May 10, 2016.\2\ The Department tolled the 
deadline for these preliminary results by an additional four business 
days as a result of the Government closure due to Snowstorm ``Jonas,'' 
which extended the deadline to May 16, 2016.\3\
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    \1\ See Fresh Garlic From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2014-2015, 80 FR 
43062 (July 21, 2015).
    \2\ See the Department Memorandum ``Fresh Garlic From the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty New Shipper Review,'' dated January 7, 
2016.
    \3\ See the Department Memorandum ``Tolling of Administrative 
Deadlines as a Result of the Government Closure During Snowstorm 
`Jonas','' dated January 27, 2016.
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Scope of the Order

    The merchandise covered by this order is all grades of garlic, 
whether whole or separated into constituent cloves.\4\ The subject 
merchandise is currently classifiable under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') 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. A full description of the scope of the 
order is contained in the Preliminary Decision Memorandum. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written product description is dispositive.
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    \4\ See the Department Memorandum, ``Decision Memorandum for the 
Preliminary Results of the Antidumping Duty New Shipper Review of 
Fresh Garlic From the People's Republic of China: Jinxiang Huameng 
Imp & Exp Co., Ltd.'' dated concurrently with and hereby adopted by 
this notice (Preliminary Decision Memorandum), for a complete 
description of the Scope of the Order.
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
    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 http://access.trade.gov and 
in the Department's Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of Huameng NSR

    For the reasons detailed in the Preliminary Decision Memorandum, 
the Department preliminarily finds that Huameng's sale under review is 
not bona fide, and therefore, does not provide a reasonable or reliable 
basis for calculating a dumping margin. The Department reached this 
conclusion based on the totality of the circumstances, including: (a) 
The atypical nature of product that was the subject of the sale, i.e. 
single-clove garlic; (b) the lack of proof of payment by Huameng's U.S. 
customer for payment of all its obligatory expenses per the sales 
contract and for its subsequent purchase of non-subject merchandise; 
and, (3) other circumstances indicating that Huameng's business 
operations were not profitable. As result, the Department is 
preliminarily rescinding the new shipper review of Huameng.

Disclosure and Public Comment

    The Department will disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\5\ Rebuttals, limited to issues raised in the written comments, 
may be filed by no later than five days after the written comments are 
filed.\6\
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    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\7\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, within 90 days of publication of 
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the 
Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and the U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries. If we proceed to a final rescission of the new 
shipper review, Huameng's entries will be assessed at the rate 
entered.\9\ If we do not proceed to a final rescission of the new 
shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific assessment rates. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
any importer-specific assessment rate calculated in the final results 
of this review is above de minimis.\10\
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    \9\ See 19 CFR 351.212(c).
    \10\ See 19 CFR 351.106(c)(2).
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    Although the Department intends to rescind the new shipper review 
for Huameng, the Department is currently conducting an administrative 
review for the POR November 1, 2014, through October 31, 2015, which 
could include the entries subject to this new shipper review. 
Accordingly, we will instruct CBP to continue to suspend entries during 
the period November 1, 2014, through October 31, 2015, of subject 
merchandise exported by Huameng until CBP receives instructions 
relating to the administrative review covering the period November 1, 
2014, through October 31, 2015.

[[Page 33211]]

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, we will instruct CBP to discontinue the option of 
posting a bond or security in lieu of a cash deposit for entries of 
subject merchandise by Huameng. If the Department proceeds to a final 
rescission of the new shipper review, the cash deposit rate will 
continue to be the PRC-wide rate. If we issue final results of the new 
shipper review for Huameng, we will instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.

Notification to Importers

    This notice also 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 
CFR 351.214 and 351.221(b)(4).

     Dated: May 17, 2016.
Paul Piquado,
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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2016-12336 Filed 5-24-16; 8:45 am]
 BILLING CODE 3510-DS-P