83_FR_63715 83 FR 63479 - Fresh Garlic From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 63479 - Fresh Garlic From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 236 (December 10, 2018)

Page Range63479-63482
FR Document2018-26652

The Department of Commerce (Commerce) preliminarily determines that exporters of fresh garlic from the People's Republic of China (China) sold merchandise in the United States at prices below normal value (NV) during the period of review (POR), November 1, 2016, through October 31, 2017. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 236 (Monday, December 10, 2018)
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63479-63482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26652]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that exporters of fresh garlic from the People's Republic of China 
(China) sold merchandise in the United States at prices below normal 
value (NV) during the period of review (POR), November 1, 2016, through 
October 31, 2017. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace or Alexander Cipolla, 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington,

[[Page 63480]]

DC 20230; telephone: (202) 482-6251 or (202) 482-4956.

SUPPLEMENTARY INFORMATION: 

Background

    On January 11, 2018, Commerce initiated the twenty-third 
administrative review of fresh garlic from China with respect to 53 
companies and invited interested parties to comment.\1\ Commerce 
exercised its discretion to toll all deadlines affected by the closure 
of the Federal Government from January 20 through January 22, 2018. As 
a result, all deadlines in this segment of the proceeding have been 
extended by three days.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018 (Tolling Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order includes all grades of garlic, 
whole or separated into constituent cloves. Fresh garlic that are 
subject to the order are currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) 0703.20.0010, 
0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided 
for convenience and customs purposes, the written product description 
remains dispositive. For a full description of the scope of this order, 
please see ``Scope of the Order'' in the accompanying Preliminary 
Decision Memorandum.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Final Rescission, In Part, of the 2016-2017 Antidumping 
Duty Administrative Review: Fresh Garlic from the People's Republic 
of China'' (November 30, 2018) (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    On January 11, 2018, Commerce initiated a review of 53 companies in 
this administrative review.\4\ The mandatory respondents are Shandong 
Jinxiang Zhengyang Import & Export Co., Ltd. (Zhengyang) and Qingdao 
Sea-line International Trading Co. Ltd. (Sea-line). Between March 27, 
2018, and April 12, 2018, review requests were timely withdrawn for 
twelve companies.\5\ Commerce is, therefore, partially rescinding this 
administrative review with respect to the companies listed in Appendix 
I, in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329 (January 11, 2018).
    \5\ See Preliminary Decision Memorandum at 3.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting these reviews in accordance with sections 
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.214. Export prices were calculated in 
accordance with section 772(a) of the Act. Because China is a non-
market economy (NME) within the meaning of section 771(18) of the Act, 
NV has been calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. 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 is available to all parties in the Central Records 
Unit, room B8024 of the main 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 Determination of No Shipments

    As discussed at ``Preliminary Determination of No Shipments'' in 
the accompanying Preliminary Decision Memorandum, the QTF-Entity \6\ 
and Jining Shengtai Fruits and Vegetables Co., Ltd. (Shengtai) filed 
``no shipment'' certifications stating that they had no entries into 
the United States of subject merchandise during the POR. Accordingly, 
we requested that U.S. Customs and Border Protection (CBP) conduct a 
query of potential shipments made by the QTF-Entity and Shengtai. Based 
on the company certifications and our analysis of CBP information, we 
preliminarily determine that the companies listed in Appendix III did 
not have any shipments of subject merchandise during the POR. In 
addition, we find that it is appropriate to complete the administrative 
review with respect to these companies and intend to issue appropriate 
instructions to CBP based on the final results of the administrative 
review.\7\
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    \6\ The QTF-Entity includes Qingdao Lianghe International Trade 
Co., Ltd. (Lianghe); Qingdao Xintianfeng Foods Co., Ltd. (QXF); 
Qingdao Tiantaixing Foods Co., Ltd. (QTF); Qingdao Tianhefeng Foods 
Co., Ltd. (QTHF); Qingdao Beixing Trading Co., Ltd. (QBT); Hebei 
Golden Bird Trading Co., Ltd.; and Huamei Consulting. See 
Memorandum, ``23rd Administrative Review of the Antidumping Duty 
Order on Fresh Garlic from the People's Republic of China: Status of 
the QTF-Entity,'' dated October 22, 2018 at Attachment.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also ``Assessment Rates'' section below.
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Verification

    As provided in section 19 CFR 351.307, we intend to verify 
information relied upon in the final results of the review.

Preliminary Determination of Separate Rates for Non-Selected Companies

    In accordance with section 777A(c)(2)(B) of the Act, Commerce 
employed a limited examination methodology, as we determined that it 
would not be practicable to examine individually all companies for 
which a review request was made.\8\ There were six exporters of subject 
merchandise from China that have demonstrated their eligibility for a 
separate rate but were not selected for individual examination in this 
review. These six exporters are listed in Appendix II.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Selection of Respondents for Individual 
Examination,'' dated February 28, 2018.
---------------------------------------------------------------------------

    Neither the Act nor Commerce's regulations address the 
establishment of the rate applied to individual companies not selected 
for examination where Commerce limited its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Commerce's practice in cases involving limited selection based on 
exporters accounting for the largest volume of imports has been to look 
to section 735(c)(5) of the Act for guidance, which provides 
instructions for calculating the all-others rate in an investigation. 
Section 735(c)(5)(A) of the Act instructs Commerce to use rates 
established for individually investigated producers and exporters, 
excluding any rates that are zero, de minimis, or based entirely on 
facts available in investigations. In this review, we calculated 
weighted-average dumping margins for Zhengyang and Sea-line, and 
consistent with our practice, calculated an all-others rate for the 
companies to which it granted separate rate status, but which it did 
not individually examine.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Calculation of the Preliminary Dumping 
Margin for Separate Rate Recipients,'' dated November 30, 2018.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative

[[Page 63481]]

review.\10\ Under this policy, the China-wide entity will not be under 
review unless a party specifically requests, or Commerce self-
initiates, a review of the entity. Because no party requested, and 
Commerce did not self-initiate, a review of the China-wide entity for 
this POR, the entity is not under review and the entity's rate (i.e., 
$4.71/kg) is not subject to change.\11\ Aside from the no shipments 
companies discussed below, and the companies for which the review is 
being rescinded, Commerce considers all other companies for which a 
review was requested, and which did not preliminarily qualify for a 
separate rate, to be part of the China-wide entity. For additional 
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \11\ See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the 13th Antidumping Duty 
Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19, 
2009).
---------------------------------------------------------------------------

Preliminary Results of Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period November 1, 2016, through October 31, 2017:

------------------------------------------------------------------------
                                                             Weighted-
                                                          average margin
                        Exporter                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Shandong Jinxiang Zhengyang Import & Export Co., Ltd....            2.87
Qingdao Sea-Line International Trading Co., Ltd.........            4.60
Chengwu County Yuanxiang Industry & Commerce Co., Ltd...            3.69
Jining Alpha Food Co., Ltd..............................            3.69
Qingdao Maycarrier Import & Export Co., Ltd.............            3.69
Shandong Chenhe International Trading Co., Ltd..........            3.69
Shandong Happy Foods Co., Ltd...........................            3.69
Weifang Hongqiao International Logistics Co., Ltd.......            3.69
------------------------------------------------------------------------

Disclosure, Public Comment and Opportunity To Request a Hearing

    Commerce intends to disclose the calculations used in our analyses 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted by 
interested parties no later than seven days after the date on which the 
final verification report is issued in these proceedings and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for case briefs.\12\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\13\ Any electronically 
filed document must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by the date and time it 
is due.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309. See also 19 CFR 351.303 (for general 
filing requirements).
    \13\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310, any interested party may request a 
hearing within 30 days of publication of this notice. 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 case and rebuttal briefs. If a party 
requests a hearing, Commerce will inform parties of the scheduled date 
for the hearing which will be held at the U.S. Department of Commerce, 
1401 Constitution Avenue NW, Washington, DC 20230, at a time and 
location to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing.
    Commerce intends to issue the final results of these reviews, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b). 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). Commerce 
intends to issue appropriate assessment instructions with respect to 
the companies for which this review is rescinded to CBP 15 days after 
the publication of this notice. For the remaining companies subject to 
review, Commerce will direct CBP to assess rates based on the per-unit 
(i.e., per kilogram) amount on each entry of the subject merchandise 
during the POR. Commerce intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of review.
    Pursuant to Commerce's assessment practice in NME cases, for 
merchandise that was not reported in the U.S. sales databases submitted 
by an exporter individually examined during this review, but that 
entered under the case number of that exporter (i.e., at the 
individually-examined exporter's cash deposit rate), Commerce will 
instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if Commerce determines that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the China-wide rate.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)

[[Page 63482]]

of the Act: (1) For the companies listed above, the cash deposit rate 
will be the rate established in these final results of review (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required for that company); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) for all Chinese 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 4.71 U.S. dollars per kilogram; and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These 
requirements, when imposed, shall remain in effect until further 
notice.

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.
    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: November 30, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary of Enforcement and Compliance.

Appendix I

Companies for Which Administrative Reviews Have Been Rescinded

1. Foshan Fuyi Food Co., Ltd.
2. Jining Shunchang Import & Export Co., Ltd.
3. Jinxiang Feiteng Import & Export Co., Ltd.
4. Jinxiang Hejia Co., Ltd.
5. Jinxiang Kingkey Trade Co., Ltd.
6. Qingdao Joinseafoods
7. Shenzhen Bainong Co., Ltd.
8. Shenzhen Xinboda Industrial Co., Ltd.
9. Shijiazhuang Goodman Trading Co., Ltd.
10. Weifang Naike Food Co., Ltd.
11. Zhengzhou Harmoni Spice Co., Ltd.
12. Zhengzhou Yudishengjin Agricultural Trade Co., Ltd.

Appendix II

Non-Selected Separate Rate Companies

1. Chengwu County Yuanxiang Industry & Commerce Co., Ltd
2. Jining Alpha Food Co., Ltd.
3. Qingdao Maycarrier Import & Export Co., Ltd.
4. Shandong Chenhe International Trading Co., Ltd.
5. Shandong Happy Foods Co., Ltd.
6. Weifang Hongqiao International Logistics Co., Ltd.

Appendix III

Companies That Have Certified No Shipments

1. QTF-Entity
2. Jining Shengtai Fruits & Vegetables Co., Ltd.
[FR Doc. 2018-26652 Filed 12-7-18; 8:45 a.m.]
 BILLING CODE 3510-DS-P



                                Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices                                                  63479

     Public Comment                                          weighted-average dumping margin is                      Dated: December 3, 2018.
        Pursuant to 19 CFR 351.309(c),                       zero or de minimis in the final results               Gary Taverman,
     interested parties may submit case briefs               of this review, we will instruct CBP not              Deputy Assistant Secretary for Antidumping
     no later than 30 days after the date of                 to assess duties on any of its entries in             and Countervailing Duty Operations,
                                                             accordance with the Final Modification                performing the non-exclusive functions and
     publication of this notice. Rebuttal
                                                                                                                   duties of the Assistant Secretary for
     briefs, limited to issues raised in the                 for Reviews.10
                                                                                                                   Enforcement and Compliance.
     case briefs, may be filed no later than                    For entries of subject merchandise
     five days after the date for filing case                during the POR produced by Sidenor for                Appendix
     briefs.6 Parties who submit case briefs or              which it did not know its merchandise                 List of Topics Discussed in the Preliminary
     rebuttal briefs in this proceeding are                  was destined for the United States, we                Decision Memorandum
     encouraged to submit with each                          will instruct CBP to liquidate                        I. Summary
     argument: (1) A statement of the issue;                                                                       II. Background
                                                             unreviewed entries at the all-others rate
     (2) a brief summary of the argument;                                                                          III. Period of Review
     and (3) a table of authorities.7                        if there is no rate for the intermediate
                                                                                                                   IV. Scope of the Order
        Pursuant to 19 CFR 351.310(c),                       company or companies involved in the                  V. Discussion of the Methodology
     interested parties who wish to request a                transaction.                                             (1) Comparisons to Normal Value
     hearing must submit a written request to                   We intend to issue instructions to                    A. Determination of Comparison Method
     the Assistant Secretary for Enforcement                 CBP 15 days after publication of the                     B. Results of the Differential Pricing
     and Compliance. All documents must                                                                                  Analysis
                                                             final results of this review.                            (2) Product Comparisons
     be filed electronically using ACCESS,
                                                             Cash Deposit Requirements                                (3) Date of Sale
     which is available to registered users at                                                                        (4) Level of Trade/CEP Offset
     http://access.trade.gov. An                                                                                      (5) Export Price
                                                                In the Revocation Notice, Commerce
     electronically filed request must be                                                                             (6) Normal Value
                                                             stated that it would issue instructions to
     received successfully in its entirety by                                                                         A. Home Market Viability and Comparison
                                                             CBP to terminate the suspension of
     ACCESS by 5:00 p.m. Eastern Time,                                                                                   Market
     within 30 days after the date of                        liquidation and to discontinue the                       B. Cost of Production
     publication of this notice.8 Requests                   collection of cash deposits on entries of                1. Calculation of Cost of Production
     should contain: (1) The party’s name,                   subject merchandise, entered or                          2. Test of Comparison Market Sales Prices
                                                             withdrawn from warehouse, on or after                    3. Results of the COP Test
     address and telephone number; (2) the
                                                             August 9, 2017.11 On October 19, 2018,                   C. Calculation of Normal Value Based on
     number of participants; and (3) a list of                                                                           Comparison Market Prices
     issues to be discussed. Issues raised in                Commerce issued liquidation
                                                                                                                      D. Price-to-Constructed Value Comparison
     the hearing will be limited to those                    instructions to CBP.12 Furthermore,                   VI. Currency Conversion
     raised in the respective case briefs.                   because the antidumping duty order on                 VII. Recommendation
        Commerce intends to issue the final                  SSB from Spain has been revoked as a                  [FR Doc. 2018–26650 Filed 12–7–18; 8:45 am]
     results of this administrative review,                  result of the Revocation Notice,                      BILLING CODE 3510–DS–P
     including the results of its analysis of                Commerce will not issue cash deposit
     the issues raised in any written briefs,                instructions at the conclusion of this
     no later than 120 days after the date of                administrative review.                                DEPARTMENT OF COMMERCE
     publication of this notice, unless
     extended, pursuant to section                           Notification to Importers                             International Trade Administration
     751(a)(3)(A) of the Act and 19 CFR                        This notice serves as a preliminary                 [A–570–831]
     351.213(h)(1) and (2).
                                                             reminder to importers of their
     Assessment Rates                                        responsibility under 19 CFR                           Fresh Garlic From the People’s
                                                             351.402(f)(2) to file a certificate                   Republic of China: Preliminary Results
       Upon issuance of the final results,
                                                             regarding the reimbursement of                        of Antidumping Duty Administrative
     Commerce shall determine and U.S.
                                                             antidumping duties prior to liquidation               Review; 2016–2017
     Customs and Border Protection (CBP)
     shall assess antidumping duties on all                  of the relevant entries during this POR.              AGENCY:  Enforcement and Compliance,
     appropriate entries covered by this                     Failure to comply with this requirement               International Trade Administration,
     revised POR. If Sidenor’s weighted-                     could result in the Secretary’s                       Department of Commerce.
     average dumping margin continues to be                  presumption that reimbursement of                     SUMMARY: The Department of Commerce
     above de minimis in the final results of                antidumping duties occurred and the                   (Commerce) preliminarily determines
     this review, we will calculate importer-                subsequent assessment of double                       that exporters of fresh garlic from the
     specific assessment rates based on the                  antidumping duties.                                   People’s Republic of China (China) sold
     ratio of the total amount of antidumping                                                                      merchandise in the United States at
                                                               We are issuing and publishing these
     duties calculated for each importer’s                                                                         prices below normal value (NV) during
                                                             results in accordance with sections
     examined sales and the total entered                                                                          the period of review (POR), November 1,
                                                             751(a)(1) and 777(i)(1) of the Act and 19
     value of the sales in accordance with 19                                                                      2016, through October 31, 2017. We
     CFR 351.212(b)(1).9 If Sidenor’s                        CFR 351.213(h)(1) and 351.221(b)(4).
                                                                                                                   invite interested parties to comment on
                                                                                                                   these preliminary results.
       6 See  19 CFR 351.309(d).                             (February 14, 2012) (Final Modification for           DATES: Applicable December 10, 2018.
       7 See  19 CFR 351.303 (for general filing             Reviews).
     requirements).                                            10 See Final Modification for Reviews, 77 FR at
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
       8 See 19 CFR 351.310(c).
                                                             8102.
                                                                                                                   Kathryn Wallace or Alexander Cipolla,
       9 In these preliminary results, Commerce applied
                                                               11 See Revocation Notice, 83 FR at 49911.           AD/CVD Operations, Office VII,
     the assessment rate calculation method adopted in                                                             Enforcement and Compliance,
                                                               12 See Commerce Letter re: Sunset Revocation of
     Antidumping Proceedings: Calculation of the
     Weighted-Average Dumping Margin and                     Antidumping Duty Orders—U.S. Customs and              International Trade Administration,
     Assessment Rate in Certain Antidumping Duty             Border Protection (CBP) Liquidation Instructions,     U.S. Department of Commerce, 1401
     Proceedings; Final Modification, 77 FR 8101             dated November 26, 2018.                              Constitution Avenue NW, Washington,


VerDate Sep<11>2014   17:10 Dec 07, 2018   Jkt 247001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\10DEN1.SGM   10DEN1


     63480                      Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices

     DC 20230; telephone: (202) 482–6251 or                  Methodology                                           to complete the administrative review
     (202) 482–4956.                                           Commerce is conducting these                        with respect to these companies and
     SUPPLEMENTARY INFORMATION:                              reviews in accordance with sections                   intend to issue appropriate instructions
                                                             751(a)(1)(B) and 751(a)(2)(B) of the                  to CBP based on the final results of the
     Background                                                                                                    administrative review.7
                                                             Tariff Act of 1930, as amended (the Act)
       On January 11, 2018, Commerce                         and 19 CFR 351.214. Export prices were                Verification
     initiated the twenty-third administrative               calculated in accordance with section                   As provided in section 19 CFR
     review of fresh garlic from China with                  772(a) of the Act. Because China is a                 351.307, we intend to verify information
     respect to 53 companies and invited                     non-market economy (NME) within the                   relied upon in the final results of the
     interested parties to comment.1                         meaning of section 771(18) of the Act,                review.
     Commerce exercised its discretion to                    NV has been calculated in accordance
     toll all deadlines affected by the closure              with section 773(c) of the Act.                       Preliminary Determination of Separate
     of the Federal Government from January                    For a full description of the                       Rates for Non-Selected Companies
     20 through January 22, 2018. As a result,               methodology underlying our                               In accordance with section
     all deadlines in this segment of the                    conclusions, see the Preliminary                      777A(c)(2)(B) of the Act, Commerce
     proceeding have been extended by three                  Decision Memorandum, which is hereby                  employed a limited examination
     days.2                                                  adopted by this notice. The Preliminary               methodology, as we determined that it
                                                             Decision Memorandum is a public                       would not be practicable to examine
     Scope of the Order                                      document and is on file electronically                individually all companies for which a
       The merchandise covered by the order                  via Enforcement and Compliance’s                      review request was made.8 There were
     includes all grades of garlic, whole or                 Antidumping and Countervailing Duty                   six exporters of subject merchandise
     separated into constituent cloves. Fresh                Centralized Electronic Service System                 from China that have demonstrated their
     garlic that are subject to the order are                (ACCESS). ACCESS is available to                      eligibility for a separate rate but were
     currently classified under the                          registered users at http://access.trade.              not selected for individual examination
     Harmonized Tariff Schedule of the                       gov and is available to all parties in the            in this review. These six exporters are
     United States (HTSUS) 0703.20.0010,                     Central Records Unit, room B8024 of the               listed in Appendix II.
     0703.20.0020, and 0703.20.0090.                         main Commerce building. In addition, a                   Neither the Act nor Commerce’s
     Although the HTSUS numbers are                          complete version of the Preliminary                   regulations address the establishment of
     provided for convenience and customs                    Decision Memorandum can be accessed                   the rate applied to individual
     purposes, the written product                           directly on the internet at http://                   companies not selected for examination
     description remains dispositive. For a                  enforcement.trade.gov/frn/. The signed                where Commerce limited its
     full description of the scope of this                   Preliminary Decision Memorandum and                   examination in an administrative review
     order, please see ‘‘Scope of the Order’’                the electronic versions of the                        pursuant to section 777A(c)(2) of the
     in the accompanying Preliminary                         Preliminary Decision Memorandum are                   Act. Commerce’s practice in cases
     Decision Memorandum.3                                   identical in content.                                 involving limited selection based on
                                                                                                                   exporters accounting for the largest
     Partial Rescission of Administrative                    Preliminary Determination of No                       volume of imports has been to look to
     Review                                                  Shipments                                             section 735(c)(5) of the Act for guidance,
                                                                As discussed at ‘‘Preliminary                      which provides instructions for
        On January 11, 2018, Commerce
                                                             Determination of No Shipments’’ in the                calculating the all-others rate in an
     initiated a review of 53 companies in
                                                             accompanying Preliminary Decision                     investigation. Section 735(c)(5)(A) of the
     this administrative review.4 The
                                                             Memorandum, the QTF-Entity 6 and                      Act instructs Commerce to use rates
     mandatory respondents are Shandong
                                                             Jining Shengtai Fruits and Vegetables                 established for individually investigated
     Jinxiang Zhengyang Import & Export
                                                             Co., Ltd. (Shengtai) filed ‘‘no shipment’’            producers and exporters, excluding any
     Co., Ltd. (Zhengyang) and Qingdao Sea-                                                                        rates that are zero, de minimis, or based
     line International Trading Co. Ltd. (Sea-               certifications stating that they had no
                                                             entries into the United States of subject             entirely on facts available in
     line). Between March 27, 2018, and                                                                            investigations. In this review, we
     April 12, 2018, review requests were                    merchandise during the POR.
                                                             Accordingly, we requested that U.S.                   calculated weighted-average dumping
     timely withdrawn for twelve                                                                                   margins for Zhengyang and Sea-line,
     companies.5 Commerce is, therefore,                     Customs and Border Protection (CBP)
                                                             conduct a query of potential shipments                and consistent with our practice,
     partially rescinding this administrative                                                                      calculated an all-others rate for the
     review with respect to the companies                    made by the QTF-Entity and Shengtai.
                                                             Based on the company certifications and               companies to which it granted separate
     listed in Appendix I, in accordance with                                                                      rate status, but which it did not
     19 CFR 351.213(d)(1).                                   our analysis of CBP information, we
                                                             preliminarily determine that the                      individually examine.9
       1 See Initiation of Antidumping and
                                                             companies listed in Appendix III did                  China-Wide Entity
     Countervailing Duty Administrative Reviews, 83 FR       not have any shipments of subject
                                                             merchandise during the POR. In                          Commerce’s policy regarding
     1329 (January 11, 2018).
       2 See Memorandum, ‘‘Deadlines Affected by the         addition, we find that it is appropriate              conditional review of the China-wide
     Shutdown of the Federal Government,’’ dated                                                                   entity applies to this administrative
     January 23, 2018 (Tolling Memorandum).                    6 The QTF-Entity includes Qingdao Lianghe
       3 See Memorandum, ‘‘Decision Memorandum for                                                                    7 See Non-Market Economy Antidumping
                                                             International Trade Co., Ltd. (Lianghe); Qingdao
     the Preliminary Results and Final Rescission, In        Xintianfeng Foods Co., Ltd. (QXF); Qingdao            Proceedings: Assessment of Antidumping Duties, 76
     Part, of the 2016–2017 Antidumping Duty                 Tiantaixing Foods Co., Ltd. (QTF); Qingdao            FR 65694, 65694–95 (October 24, 2011); see also
     Administrative Review: Fresh Garlic from the            Tianhefeng Foods Co., Ltd. (QTHF); Qingdao            ‘‘Assessment Rates’’ section below.
     People’s Republic of China’’ (November 30, 2018)        Beixing Trading Co., Ltd. (QBT); Hebei Golden Bird       8 See Memorandum, ‘‘Selection of Respondents
     (Preliminary Decision Memorandum).                      Trading Co., Ltd.; and Huamei Consulting. See         for Individual Examination,’’ dated February 28,
       4 See Initiation of Antidumping and                                                                         2018.
                                                             Memorandum, ‘‘23rd Administrative Review of the
     Countervailing Duty Administrative Reviews, 83 FR       Antidumping Duty Order on Fresh Garlic from the          9 See Memorandum, ‘‘Calculation of the
     1329 (January 11, 2018).                                People’s Republic of China: Status of the QTF-        Preliminary Dumping Margin for Separate Rate
       5 See Preliminary Decision Memorandum at 3.           Entity,’’ dated October 22, 2018 at Attachment.       Recipients,’’ dated November 30, 2018.



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                                         Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices                                                                                       63481

     review.10 Under this policy, the China-                                 shipments companies discussed below,                                     Preliminary Results of Administrative
     wide entity will not be under review                                    and the companies for which the review                                   Review
     unless a party specifically requests, or                                is being rescinded, Commerce considers
     Commerce self-initiates, a review of the                                all other companies for which a review                                     Commerce preliminarily determines
     entity. Because no party requested, and                                 was requested, and which did not                                         that the following weighted-average
     Commerce did not self-initiate, a review                                preliminarily qualify for a separate rate,                               dumping margins exist for the
     of the China-wide entity for this POR,                                  to be part of the China-wide entity. For                                 administrative review covering the
     the entity is not under review and the                                  additional information, see the                                          period November 1, 2016, through
     entity’s rate (i.e., $4.71/kg) is not subject                           Preliminary Decision Memorandum.                                         October 31, 2017:
     to change.11 Aside from the no

                                                                                                                                                                                                      Weighted-
                                                                                                                                                                                                       average
                                                                                             Exporter                                                                                                   margin
                                                                                                                                                                                                     (dollars per
                                                                                                                                                                                                      kilogram)

     Shandong Jinxiang Zhengyang Import & Export Co., Ltd. .................................................................................................................                                  2.87
     Qingdao Sea-Line International Trading Co., Ltd. ..............................................................................................................................                          4.60
     Chengwu County Yuanxiang Industry & Commerce Co., Ltd .............................................................................................................                                      3.69
     Jining Alpha Food Co., Ltd. .................................................................................................................................................................            3.69
     Qingdao Maycarrier Import & Export Co., Ltd. ....................................................................................................................................                        3.69
     Shandong Chenhe International Trading Co., Ltd. .............................................................................................................................                            3.69
     Shandong Happy Foods Co., Ltd. .......................................................................................................................................................                   3.69
     Weifang Hongqiao International Logistics Co., Ltd. ............................................................................................................................                          3.69



     Disclosure, Public Comment and                                          rebuttal briefs. If a party requests a                                   remaining companies subject to review,
     Opportunity To Request a Hearing                                        hearing, Commerce will inform parties                                    Commerce will direct CBP to assess
        Commerce intends to disclose the                                     of the scheduled date for the hearing                                    rates based on the per-unit (i.e., per
     calculations used in our analyses to                                    which will be held at the U.S.                                           kilogram) amount on each entry of the
     parties in this review within five days                                 Department of Commerce, 1401                                             subject merchandise during the POR.
     of the date of publication of this notice                               Constitution Avenue NW, Washington,                                      Commerce intends to issue assessment
     in accordance with 19 CFR 351.224(b).                                   DC 20230, at a time and location to be                                   instructions to CBP 15 days after the
        Case briefs or other written comments                                determined. Parties should confirm by                                    publication date of the final results of
     may be submitted by interested parties                                  telephone the date, time, and location of                                review.
     no later than seven days after the date                                 the hearing.                                                               Pursuant to Commerce’s assessment
     on which the final verification report is                                  Commerce intends to issue the final                                   practice in NME cases, for merchandise
     issued in these proceedings and rebuttal                                results of these reviews, including the                                  that was not reported in the U.S. sales
     briefs, limited to issues raised in case                                results of its analysis of the issues raised                             databases submitted by an exporter
     briefs, may be submitted no later than                                  in any written briefs, not later than 120                                individually examined during this
     five days after the deadline date for case                              days after the date of publication of this                               review, but that entered under the case
     briefs.12 Pursuant to 19 CFR                                            notice, pursuant to section 751(a)(3)(A)                                 number of that exporter (i.e., at the
     351.309(c)(2) and (d)(2), parties who                                   of the Act.                                                              individually-examined exporter’s cash
     submit case briefs or rebuttal briefs in                                                                                                         deposit rate), Commerce will instruct
                                                                             Assessment Rates
     this proceeding are encouraged to                                                                                                                CBP to liquidate such entries at the
     submit with each argument: (1) A                                          Upon issuance of the final results,                                    NME-wide rate. In addition, if
     statement of the issue; (2) a brief                                     Commerce will determine, and CBP                                         Commerce determines that an exporter
     summary of the argument; and (3) a                                      shall assess, antidumping duties on all                                  under review had no shipments of the
     table of authorities.13 Any electronically                              appropriate entries covered by this                                      subject merchandise, any suspended
     filed document must be received                                         review, in accordance with 19 CFR                                        entries that entered under that
     successfully in its entirety by                                         351.212(b). For the companies for which                                  exporter’s case number (i.e., at that
     Commerce’s electronic records system,                                   this review is rescinded, antidumping                                    exporter’s rate) will be liquidated at the
     ACCESS, by the date and time it is due.                                 duties shall be assessed at rates equal to                               China-wide rate.14
        Pursuant to 19 CFR 351.310, any                                      the cash deposit of estimated
     interested party may request a hearing                                  antidumping duties required at the time                                  Cash Deposit Requirements
     within 30 days of publication of this                                   of entry, or withdrawal from warehouse,                                    The following cash deposit
     notice. Hearing requests should contain                                 for consumption, in accordance with 19                                   requirements will be effective upon
     the following information: (1) The                                      CFR 351.212(c)(l)(i). Commerce intends                                   publication of the final results of this
     party’s name, address, and telephone                                    to issue appropriate assessment                                          review for shipments of the subject
     number; (2) the number of participants;                                 instructions with respect to the                                         merchandise from China entered, or
     and (3) a list of the issues to be                                      companies for which this review is                                       withdrawn from warehouse, for
     discussed. Oral presentations will be                                   rescinded to CBP 15 days after the                                       consumption on or after the publication
     limited to issues raised in the case and                                publication of this notice. For the                                      date, as provided by sections 751(a)(2)
       10 See Antidumping Proceedings: Announcement                             11 See Fresh Garlic from the People’s Republic of                        13 See
                                                                                                                                                              19 CFR 351.309(c)(2).
     of Change in Department Practice for Respondent                         China: Final Results and Partial Rescission of the                          14 For
                                                                                                                                                              a full discussion of this practice, see Non-
     Selection in Antidumping Duty Proceedings and                           13th Antidumping Duty Administrative Review and                          Market Economy Antidumping Proceedings:
     Conditional Review of the Nonmarket Economy                             New Shipper Reviews, 74 FR 29174 (June 19, 2009).
                                                                                                                                                      Assessment of Antidumping Duties, 76 FR 65694
     Entity in NME Antidumping Duty Proceedings, 78                             12 See 19 CFR 351.309. See also 19 CFR 351.303
                                                                                                                                                      (October 24, 2011).
     FR 65963 (November 4, 2013).                                            (for general filing requirements).



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     63482                      Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices

     of the Act: (1) For the companies listed                Appendix II                                           noaa.gov)or visit the NOAA RDEC
     above, the cash deposit rate will be the                Non-Selected Separate Rate Companies                  website at https://nrc.noaa.gov/About/
     rate established in these final results of                                                                    Committees.aspx.
                                                             1. Chengwu County Yuanxiang Industry &
     review (except, if the rate is zero or de                    Commerce Co., Ltd                                SUPPLEMENTARY INFORMATION: Key vision
     minimis, then zero cash deposit will be                 2. Jining Alpha Food Co., Ltd.                        statement areas of the plan include: (1)
     required for that company); (2) for                     3. Qingdao Maycarrier Import & Export Co.,            Reduced societal impacts from severe
     previously investigated or reviewed                          Ltd.                                             weather and other environmental
     Chinese and non-Chinese exporters not                   4. Shandong Chenhe International Trading              phenomena; (2) Sustainable use of
     listed above that have separate rates, the                   Co., Ltd.
                                                             5. Shandong Happy Foods Co., Ltd.
                                                                                                                   ocean and coastal resources; and (3) A
     cash deposit rate will continue to be the                                                                     robust and effective research,
     exporter-specific rate published for the                6. Weifang Hongqiao International Logistics
                                                                  Co., Ltd.                                        development, and transition enterprise.
     most recent period; (3) for all Chinese                                                                       Comments may address the proposed
     exporters of subject merchandise which                  Appendix III                                          vision statements as well as key
     have not been found to be entitled to a                 Companies That Have Certified No                      questions, objectives, document
     separate rate, the cash deposit rate will               Shipments                                             structure, and other content and
     be the China-wide rate of 4.71 U.S.                                                                           formatting aspects to consider for a draft
                                                             1. QTF-Entity
     dollars per kilogram; and (4) for all non-              2. Jining Shengtai Fruits & Vegetables Co.,           R&D Plan.
     Chinese exporters of subject                                 Ltd.
     merchandise which have not received                                                                             Dated: October 31, 2018.
                                                             [FR Doc. 2018–26652 Filed 12–7–18; 8:45 a.m.]
     their own rate, the cash deposit rate will                                                                    David Holst,
                                                             BILLING CODE 3510–DS–P
     be the rate applicable to the Chinese                                                                         Chief Financial Officer/Administrative
     exporter that supplied that non-Chinese                                                                       Officer, Office of Oceanic and Atmospheric
                                                                                                                   Research, National Oceanic and Atmospheric
     exporter. These requirements, when                      DEPARTMENT OF COMMERCE                                Administration.
     imposed, shall remain in effect until
                                                             National Oceanic and Atmospheric                      [FR Doc. 2018–26131 Filed 12–7–18; 8:45 am]
     further notice.
                                                             Administration                                        BILLING CODE 3510–KD–P
     Notification to Importers
       This notice serves as a preliminary                   Public Comment for the NOAA
     reminder to importers of their                          Research and Development Plan                         DEPARTMENT OF COMMERCE
     responsibility under 19 CFR                             AGENCY:  National Oceanic and                         National Oceanic and Atmospheric
     351.402(f)(2) to file a certificate                     Atmospheric Administration (NOAA),                    Administration
     regarding the reimbursement of                          Office of Oceanic and Atmospheric
     antidumping duties prior to liquidation                 Research (OAR), Department of                         RIN 0648–XG319
     of the relevant entries during this                     Commerce (DOC).
     review period. Failure to comply with                                                                         Marine Mammals; File No. 22294
                                                             ACTION: Notice of public comment.
     this requirement could result in                                                                              AGENCY:  National Marine Fisheries
     Commerce’s presumption that                             SUMMARY:   This notice sets forth a public            Service (NMFS), National Oceanic and
     reimbursement of antidumping duties                     comment for NOAA’s Research and                       Atmospheric Administration (NOAA),
     occurred and the subsequent assessment                  Development (R&D) Plan set for release                Commerce.
     of double antidumping duties.                           in 2019. NOAA R&D is an investment in                 ACTION: Notice; withdrawal of
       We are issuing and publishing these                   the scientific knowledge and technology               application.
     preliminary results in accordance with                  that will allow the United States to
     sections 751(a)(1) and 777(i) of the Act,               protect lives and property, adapt to                  SUMMARY:   Notice is hereby given that
     and 19 CFR 351.213(h) and                               challenges, sustain a strong economy,                 Plimsoll Productions, Whiteladies
     351.221(b)(4).                                          and manage natural resources. The R&D                 House, 51–55 Whiteladies Road, Clifton,
       Dated: November 30, 2018.                             strategic plan will provide a common                  Bristol, BS8 2LY, United Kingdom
     Gary Taverman,                                          understanding among NOAA’s                            (Responsible Party: Bill Markham) has
     Deputy Assistant Secretary for Antidumping              leadership, workforce, partners, and                  withdrawn their application for a permit
     and Countervailing Duty Operations,                     constituents on the value and direction               to conduct commercial or educational
     performing the non-exclusive functions and              of NOAA R&D activities.                               photography on bottlenose dolphins
     duties of the Assistant Secretary of                    DATES: Comments are due by February                   (Tursiops truncatus).
     Enforcement and Compliance.                             8, 2019.                                              ADDRESSES: The application and related
     Appendix I                                                 Please refer to the web page https://              documents are available for review
                                                             nrc.noaa.gov/CouncilProducts/Research                 upon written request or by appointment
     Companies for Which Administrative                      Plans.aspx to find the previous NOAA                  in the Permits and Conservation
     Reviews Have Been Rescinded
                                                             R&D plan.                                             Division, Office of Protected Resources,
     1. Foshan Fuyi Food Co., Ltd.                           ADDRESSES: Submit public comments                     NMFS, 1315 East-West Highway, Room
     2. Jining Shunchang Import & Export Co.,                                                                      13705, Silver Spring, MD 20910; phone
          Ltd.                                               via email to noaa.rdplan@noaa.gov.
     3. Jinxiang Feiteng Import & Export Co., Ltd.           Include ‘‘NOAA R&D Plan Public                        (301) 427–8401; fax (301) 713–0376.
     4. Jinxiang Hejia Co., Ltd.                             Comment’’ in the subject line of the                  FOR FURTHER INFORMATION CONTACT:
     5. Jinxiang Kingkey Trade Co., Ltd.                     message. All comments received are                    Carrie Hubard or Sara Young, (301) 427–
     6. Qingdao Joinseafoods                                 part of the public record.                            8401.
     7. Shenzhen Bainong Co., Ltd.                           FOR FURTHER INFORMATION CONTACT: Dr.                  SUPPLEMENTARY INFORMATION: On July 2,
     8. Shenzhen Xinboda Industrial Co., Ltd.
     9. Shijiazhuang Goodman Trading Co., Ltd.
                                                             Gary Matlock, Deputy Assistant                        2018, notice was published in the
     10. Weifang Naike Food Co., Ltd.                        Administrator for Science, NOAA, Rm.                  Federal Register (83 FR 30916) that a
     11. Zhengzhou Harmoni Spice Co., Ltd.                   11461, 1315 East-West Highway, Silver                 request for a permit to conduct
     12. Zhengzhou Yudishengjin Agricultural                 Spring, Maryland 20910. (Phone: 301–                  commercial or educational photography
          Trade Co., Ltd.                                    734–1185, Email: gary.c.matlock@                      had been submitted by the above-named


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Document Created: 2018-12-08 00:21:38
Document Modified: 2018-12-08 00:21:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable December 10, 2018.
ContactKathryn Wallace or Alexander Cipolla, 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) 482-6251 or (202) 482-4956.
FR Citation83 FR 63479 

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