82 FR 57717 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 234 (December 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 234 (December 7, 2017)
| Page Range | 57717-57718 | |
| FR Document | 2017-26388 |
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)] [Notices] [Pages 57717-57718] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26388] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 19, 2017, the United States Court of International Trade (the CIT) entered final judgment sustaining the Department of Commerce's (the Department) remand results pertaining to 19th antidumping duty administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) for Hebei Golden Trading Co., Ltd. (Golden Bird) and Shenzhen Xinboda Industrial Co., Ltd. (Xinboda), and certain non-examined separate rate companies. The Department is notifying the public that the final judgment in this case is not in harmony with the final results and partial rescission of the 19th antidumping duty administrative review, and that the Department has assigned Xinboda and other non-examined separate rate companies Jinxiang Richfar Fruits & Vegetables Co, Ltd. (Jinxiang Richfar); Qingdao Lianghe International Trade Co., Ltd. (Qingdao Lianghe); Shandong Chenhe International Trading Co., Ltd. (Shandong Chenhe); and Weifang Hongqiao International Logistics Co., Ltd. (Weifang Hongqiao) a dumping margin of $2.19 per kilogram. DATES: Applicable September 29, 2017. FOR FURTHER INFORMATION CONTACT: Chien-Min Yang, 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) 482-5484. SUPPLEMENTARY INFORMATION: Background On June 15, 2015, the Department published the Final Results pertaining to mandatory respondents Golden Bird and Jinxiang Hejia Co., Ltd. (Hejia), along with other exporters, including non-examined separate rate companies Xinboda, Jinxiang Richfar, Qingdao Lianghe, Shandong Chenhe, and Weifang Hongqiao.\1\ The period of review (POR) is November 1, 2012, through October 31, 2013. In the Final Results, the Department relied on total adverse facts available (AFA) with respect to Golden Bird and Hejia, and found Golden Bird and Hejia to be part of the PRC-wide entity.\2\ The Department assigned a rate of $1.82 per kilogram for Xinboda and the other non-examined separate rate companies.\3\ --------------------------------------------------------------------------- \1\ See Fresh Garlic from the People's Republic of China: Final Results and Partial Rescission of the 19th Antidumping Duty Administrative Review; 2012-2013, 80 FR 34141 (June 15, 2015) (Final Results), and accompanying Issues and Decision Memorandum (IDM). \2\ See IDM. \3\ Id. --------------------------------------------------------------------------- On July 27, 2016, the CIT remanded for the Department to consider evidence on the record concerning Golden Bird's independence from government control to determine whether the company is entitled to separate rate status.\4\ The Court ordered the Department to select a separate rate for the non-examined companies ``by either employing a different reasonable method to calculate the separate rate, such as reopening the record to examine new mandatory respondents, reopening the record to collect information from which to calculate a reliable separate rate, or if it results in a non-punitive rate for separate respondents, adjusting the separate rate assigned based on the results of remand pursuant to {Fresh Garlic Producers Association v. United States, 180 F. Supp. 3d 1233 (CIT 2016), arising out of the eighteenth administrative review of the AD order on fresh garlic from the PRC (FGPA II){time} .'' \5\ --------------------------------------------------------------------------- \4\ See Shenzhen Xinboda Industrial Co., Ltd., et al., v. United States, CIT Slip Op. 16-74, Consol. Ct. No. 15-00179 (July 27, 2016) (Garlic 19 Remand) at 30. \5\ Id. at 30-31. --------------------------------------------------------------------------- On April 28, 2017, the Department filed the Final Remand Results, continuing to find Golden Bird ineligible for a separate rate.\6\ For non-examined separate companies, the Department determined that it would establish their rate by applying the updated separate rate determined in the remand of the 18th administrative review, pursuant to FGPA II.\7\ --------------------------------------------------------------------------- \6\ See Memorandum to The File, ``Final Results of Redetermination Pursuant to Remand: Fresh Garlic from the People's Republic of China, Shenzhen Xinboda Industrial Co., Ltd., et al. v. United States, U.S. Court of International Trade, Consol. Ct. No. 15-00179, Slip Op. 16-74'' (April 28, 2016). \7\ Id. --------------------------------------------------------------------------- On July 17, 2017, the CIT sustained the Department's Final Remand Results as to Golden Bird.\8\ On September 19, 2017, the CIT sustained the Department's Final Remand Results as to the separate rate applied to non-examined companies.\9\ Thus, the calculations performed with the new surrogate values resulted in a weighted-average dumping margin of $2.19 per kilogram and was assigned to Xinboda, Jinxiang Richfar, Qingdao Lianghe, Shandong Chenhe, and Weifang Hongqiao. --------------------------------------------------------------------------- \8\ See Hebei Golden Bird Trading Co., Ltd., et al., v. United States, CIT Slip Op. 17-86, Ct. No. 15-00182 (July 17, 2017). \9\ See Fresh Garlic Producers Association, et al., v. United States, CIT Slip Op. 17-127, Consol. Ct. No. 14-00180 (September 19, 2017) (Slip Op. 17-127). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\10\ as clarified by Diamond Sawblades,\11\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's September 19, 2017, final judgment sustaining the Final Remand Results [[Page 57718]] constitutes a final decision of the Court that is not in harmony with the Department's Final Results.\12\ This notice is published in fulfillment of the Timken publication requirements. --------------------------------------------------------------------------- \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). \12\ See Final Results. --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to the dumping margin calculated for Xinboda. Based on the Final Remand Results, as affirmed by the CIT, the revised dumping margin for Xinboda, from November 1, 2011, through October 31, 2012, is $2.19 per kilogram. The $2.19 per kilogram dumping margin also applies to the following separate rate companies: Jinxiang Richfar, Qingdao Lianghe, Shandong Chenhe, and Weifang Hongqiao. Because the CIT's ruling was not appealed, it represents a final and conclusive court decision, and the Department will instruct Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margins summarized above. Cash Deposit Requirements The Department will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for Jinxiang Richfar and Shandong Chenhe to $2.19/kg, effective September 29, 2017. The Department will not update the cash deposit requirements for Xinboda, Qingdao Lianghe, and Weifang Hongqiao as they each have later-determined rates from Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 21st Antidumping Duty Administrative Review; 2014-2015, 82 FR 27230 (June 14, 2017). Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: December 4, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-26388 Filed 12-6-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices 57717
notification of the return/destruction of antidumping duty administrative collect information from which to
APO materials, or conversion to judicial review, and that the Department has calculate a reliable separate rate, or if it
protective order, is hereby requested. assigned Xinboda and other non- results in a non-punitive rate for
Failure to comply with the regulations examined separate rate companies separate respondents, adjusting the
and the terms of an APO is a Jinxiang Richfar Fruits & Vegetables Co, separate rate assigned based on the
sanctionable violation. Ltd. (Jinxiang Richfar); Qingdao Lianghe results of remand pursuant to {Fresh
We are issuing and publishing this International Trade Co., Ltd. (Qingdao Garlic Producers Association v. United
notice in accordance with sections Lianghe); Shandong Chenhe States, 180 F. Supp. 3d 1233 (CIT 2016),
751(a)(1) and 777(i)(1) of the Act and 19 International Trading Co., Ltd. arising out of the eighteenth
CFR 351.213(h). (Shandong Chenhe); and Weifang administrative review of the AD order
Dated: December 1, 2017. Hongqiao International Logistics Co., on fresh garlic from the PRC (FGPA
Gary Taverman, Ltd. (Weifang Hongqiao) a dumping II)}.’’ 5
margin of $2.19 per kilogram. On April 28, 2017, the Department
Deputy Assistant Secretary for Antidumping
DATES: Applicable September 29, 2017. filed the Final Remand Results,
and Countervailing Duty Operations
performing the non-exclusive functions and continuing to find Golden Bird
FOR FURTHER INFORMATION CONTACT:
duties of the Assistant Secretary for ineligible for a separate rate.6 For non-
Chien-Min Yang, AD/CVD Operations,
Enforcement and Compliance. examined separate companies, the
Office VII, Enforcement and
Department determined that it would
Appendix I Compliance, International Trade
establish their rate by applying the
Administration, U.S. Department of
List of Topics Discussed in the Issues and updated separate rate determined in the
Commerce, 1401 Constitution Avenue
Decision Memorandum remand of the 18th administrative
NW., Washington, DC 20230; telephone:
I. Summary review, pursuant to FGPA II.7
(202) 482–5484. On July 17, 2017, the CIT sustained
II. List of Issues
III. Background SUPPLEMENTARY INFORMATION: the Department’s Final Remand Results
IV. Scope of the Order Background as to Golden Bird.8 On September 19,
V. Discussion of the Issues 2017, the CIT sustained the
Comment 1: Classification of EP Sales as On June 15, 2015, the Department Department’s Final Remand Results as
CEP Sales published the Final Results pertaining to the separate rate applied to non-
Comment 2: Using Lower of Cost Method to mandatory respondents Golden Bird examined companies.9 Thus, the
or Market Rule for Overrun Production and Jinxiang Hejia Co., Ltd. (Hejia),
Costs calculations performed with the new
along with other exporters, including surrogate values resulted in a weighted-
Comment 3: The Department Should non-examined separate rate companies
Correct Certain Clerical Errors in its average dumping margin of $2.19 per
Preliminary Results
Xinboda, Jinxiang Richfar, Qingdao kilogram and was assigned to Xinboda,
VI. Recommendation Lianghe, Shandong Chenhe, and Jinxiang Richfar, Qingdao Lianghe,
Weifang Hongqiao.1 The period of Shandong Chenhe, and Weifang
[FR Doc. 2017–26380 Filed 12–6–17; 8:45 am]
review (POR) is November 1, 2012, Hongqiao.
BILLING CODE 3510–DS–P through October 31, 2013. In the Final
Results, the Department relied on total Timken Notice
adverse facts available (AFA) with In its decision in Timken,10 as
DEPARTMENT OF COMMERCE
respect to Golden Bird and Hejia, and clarified by Diamond Sawblades,11 the
International Trade Administration found Golden Bird and Hejia to be part Court of Appeals for the Federal Circuit
of the PRC-wide entity.2 The held that, pursuant to section 516A(e) of
[A–570–831] Department assigned a rate of $1.82 per the Tariff Act of 1930, as amended (the
kilogram for Xinboda and the other non- Act), the Department must publish a
Fresh Garlic From the People’s
examined separate rate companies.3 notice of a court decision that is not ‘‘in
Republic of China: Notice of Court On July 27, 2016, the CIT remanded
Decision Not in Harmony With Final harmony’’ with a Department
for the Department to consider evidence determination and must suspend
Results of Administrative Review and on the record concerning Golden Bird’s
Notice of Amended Final Results liquidation of entries pending a
independence from government control ‘‘conclusive’’ court decision. The CIT’s
AGENCY: Enforcement and Compliance, to determine whether the company is September 19, 2017, final judgment
International Trade Administration, entitled to separate rate status.4 The sustaining the Final Remand Results
Department of Commerce. Court ordered the Department to select
SUMMARY: On September 19, 2017, the a separate rate for the non-examined 5 Id. at 30–31.
United States Court of International companies ‘‘by either employing a 6 See Memorandum to The File, ‘‘Final Results of
Trade (the CIT) entered final judgment different reasonable method to calculate Redetermination Pursuant to Remand: Fresh Garlic
sustaining the Department of the separate rate, such as reopening the from the People’s Republic of China, Shenzhen
Xinboda Industrial Co., Ltd., et al. v. United States,
Commerce’s (the Department) remand record to examine new mandatory U.S. Court of International Trade, Consol. Ct. No.
results pertaining to 19th antidumping respondents, reopening the record to 15–00179, Slip Op. 16–74’’ (April 28, 2016).
duty administrative review of the 7 Id.
antidumping duty order on fresh garlic 1 See Fresh Garlic from the People’s Republic of 8 See Hebei Golden Bird Trading Co., Ltd., et al.,
from the People’s Republic of China China: Final Results and Partial Rescission of the v. United States, CIT Slip Op. 17–86, Ct. No. 15–
19th Antidumping Duty Administrative Review; 00182 (July 17, 2017).
(PRC) for Hebei Golden Trading Co.,
sradovich on DSK3GMQ082PROD with NOTICES
2012–2013, 80 FR 34141 (June 15, 2015) (Final 9 See Fresh Garlic Producers Association, et al.,
Ltd. (Golden Bird) and Shenzhen Results), and accompanying Issues and Decision v. United States, CIT Slip Op. 17–127, Consol. Ct.
Xinboda Industrial Co., Ltd. (Xinboda), Memorandum (IDM). No. 14–00180 (September 19, 2017) (Slip Op. 17–
2 See IDM. 127).
and certain non-examined separate rate
3 Id. 10 See Timken Co. v. United States, 893 F.2d 337,
companies. The Department is notifying 4 See Shenzhen Xinboda Industrial Co., Ltd., et 341 (Fed. Cir. 1990) (Timken).
the public that the final judgment in this al., v. United States, CIT Slip Op. 16–74, Consol. 11 See Diamond Sawblades Mfrs. Coalition v.
case is not in harmony with the final Ct. No. 15–00179 (July 27, 2016) (Garlic 19 United States, 626 F.3d 1374 (Fed. Cir. 2010)
results and partial rescission of the 19th Remand) at 30. (Diamond Sawblades).
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![57718 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
constitutes a final decision of the Court DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the
that is not in harmony with the United States (HTSUS) 0703.20.0010,
Department’s Final Results.12 This International Trade Administration 0703.20.0020, and 0703.20.0090.
notice is published in fulfillment of the [A–570–831] Although the HTSUS numbers are
Timken publication requirements. provided for convenience and customs
Fresh Garlic From the People’s purposes, the written product
Amended Final Results Republic of China: Preliminary description remains dispositive. For a
Results, Preliminary Rescission, and full description of the scope of this
Because there is now a final court
Final Rescission, in Part, of the 22nd order, please see ‘‘Scope of the Order’’
decision, we are amending the Final in the accompanying Preliminary
Results with respect to the dumping Antidumping Duty Administrative
Review and Preliminary Results of the Decision Memorandum.1
margin calculated for Xinboda. Based on
New Shipper Reviews; 2015–2016 Partial Rescission of Administrative
the Final Remand Results, as affirmed
by the CIT, the revised dumping margin AGENCY: Enforcement and Compliance, Review
for Xinboda, from November 1, 2011, International Trade Administration, On January 13, 2017, the Department
through October 31, 2012, is $2.19 per Department of Commerce. initiated a review of 35 companies in
kilogram. The $2.19 per kilogram SUMMARY: The Department of Commerce this administrative review.2 On April
dumping margin also applies to the (the Department) is conducting the 22nd 13, 2017, review requests were timely
following separate rate companies: administrative review of the withdrawn for six companies.3 In
Jinxiang Richfar, Qingdao Lianghe, antidumping duty order on fresh garlic addition, as discussed in the
Shandong Chenhe, and Weifang from the People’s Republic of China accompanying Issues and Decision
Hongqiao. (PRC) and two concurrent new shipper Memorandum, one of the companies for
reviews. The period of review (POR) for which the review request was timely
Because the CIT’s ruling was not rescinded is a part of the QTF-Entity,
appealed, it represents a final and the administrative and new shipper
reviews is November 1, 2015, through which submitted a separate rate
conclusive court decision, and the application. Accordingly, this company
October 31, 2016. The Department
Department will instruct Customs and remains subject to review. Moreover, the
preliminarily determines that
Border Protection (CBP) to assess Department inadvertently initiated a
mandatory respondent, Shandong
antidumping duties on unliquidated Jinxiang Zhengyang Import & Export review of one company without a
entries of subject merchandise based on Co., Ltd. (Zhengyang) sold subject request. The Department is, therefore,
the revised dumping margins merchandise to the United States at less partially rescinding this administrative
summarized above. than normal value (NV). We also review with respect to the companies
preliminarily find that the review listed in Appendix I, in accordance with
Cash Deposit Requirements 19 CFR 351.213(d)(1).
request made by the Coalition for Fair
The Department will issue revised Trade in Garlic (the CFTG) was not Preliminary Rescission of
cash deposit instructions to CBP, valid, and accordingly have Administrative Review
adjusting the cash deposit rate for preliminarily rescinded the review with
In addition, as discussed in depth at
Jinxiang Richfar and Shandong Chenhe respect to seven companies, including
‘‘Preliminary Rescission of
to $2.19/kg, effective September 29, the other mandatory respondent,
Administrative Review’’ in the
2017. The Department will not update Zhengzhou Harmoni Spice Co., Ltd.
accompanying Preliminary Decision
the cash deposit requirements for (Harmoni). The Department also
Memorandum, the Department has
Xinboda, Qingdao Lianghe, and Weifang preliminarily determines that the new
preliminarily determined that the
Hongqiao as they each have later- shipper reviews respondents, Qingdao
review request from the CFTG was
determined rates from Fresh Garlic Joinseafoods Co., Ltd. and Join Food
invalid, and is preliminarily rescinding
From the People’s Republic of China: Ingredient Inc. (collectively, Join) and
the administrative review with respect
Zhengzhou Yudi Shengjin Agricultural
Final Results and Partial Rescission of to the companies listed in Appendix II.
Trade Co., Ltd. (Yudi), each made sales
the 21st Antidumping Duty
of subject merchandise at less than Methodology
Administrative Review; 2014–2015, 82
normal value. We invite interested The Department is conducting these
FR 27230 (June 14, 2017). parties to comment on these preliminary reviews in accordance with section
Notification to Interested Parties results. 751(a)(1)(B) and 751(a)(2)(B) of the
DATES: Applicable December 7, 2017. Tariff Act of 1930, as amended (the Act)
This notice is issued and published in
FOR FURTHER INFORMATION CONTACT: and 19 CFR 351.214. Export prices were
accordance with sections 516A(e)(1),
Kathryn Wallace or Alexander Cipolla,
751(a)(1), and 777(i)(1) of the Act. AD/CVD Operations, Office VII, 1 See Memorandum, ‘‘Decision Memorandum for
Dated: December 4, 2017. Enforcement and Compliance, the Preliminary Results, Preliminary Rescission,
and Final Rescission, In Part, of the 2015–2016
Gary Taverman, International Trade Administration, Antidumping Duty Administrative Review and
Deputy Assistant Secretary for Antidumping U.S. Department of Commerce, 1401 Preliminary Results of the New Shipper Reviews:
and Countervailing Duty Operations, Constitution Avenue NW., Washington, Fresh Garlic from the People’s Republic of China’’
DC 20230; telephone: (202) 482–6251 or (November 30, 2017) (Preliminary Decision
performing the non-exclusive functions and Memorandum).
sradovich on DSK3GMQ082PROD with NOTICES
duties of the Assistant Secretary for (202) 482–4956. 2 See Initiation of Antidumping and
Enforcement and Compliance. Countervailing Duty Administrative Reviews, 82 FR
Scope of the Order
[FR Doc. 2017–26388 Filed 12–6–17; 8:45 am] 4294 (January 13, 2017) (Initiation Notice). For a list
BILLING CODE 3510–DS–P
The merchandise covered by the order of the 35 companies, see 82 FR 4296–4297.
3 See Petitioners’ Letter, ‘‘22nd Administrative
includes all grades of garlic, whole or
Review of the Antidumping Duty Order on Fresh
separated into constituent cloves. Fresh Garlic from the People’s Republic of China—
garlic that are subject to the order are Petitioners’ Withdrawal of Certain Requests for
12 See Final Results. currently classified under the Administrative Review,’’ (April 13, 2017).
VerDate Sep<11>2014 18:50 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1](https://thefederalregister.org/doc/82_FR_57951/page/2.svg)
Document Created: 2017-12-07 00:34:33
Document Modified: 2017-12-07 00:34:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable September 29, 2017. | |
| Contact | Chien-Min Yang, 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) 482-5484. | |
| FR Citation | 82 FR 57717 |
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