- Effective Date: Jun 27, 2011
- Period of Review: Nov 01, 2008 to Oct 31, 2009
- Notice of Lifting of Suspension Date: Jun 27, 2011
- Cite as: 76 FR 37321
Cite date: Jun 27, 2011
1.
This is a correction to message 1201301, dated 07/20/2011, to correct the header of the message and paragraphs 3, 7 through 10, and 13.
2.
The header of message 1201301 is missing information for the court numbers referenced in the body of the message.
Paragraph 3 of message 1201301 is missing information for one manufacturer/exporter i.e., Jinxiang Dongyun Freezing Storage Co., Ltd. which is included in paragraph 5 of this message. Paragraphs 7 through 10 include updated information on dissolution of injunctions for court numbers 10-00304, 11-00145, 11-00144, and 11-00139 and the subsequent liquidation for these injunctions.
Paragraph 13 was revised to reflect more recent contact information.
Below is the fully corrected message.
3.
For all shipments of fresh garlic from China exported by the PRC-wide entity (A-570-831-000) entered, or withdrawn from warehouse, for consumption during the period 11/01/2008 through 10/31/2009, assess an antidumping liability equal to 4.71 dollars per kilogram of subject merchandise.
4.
In Commerce's final results (76 FR 37321, 06/27/2011), Commerce determined that the following exporters or manufacturers are no longer eligible for a separate rate and are considered part of the PRC-wide entity:
Manufacturer:
Taian Fook Huat Tong Kee Foodstuffs Co., Ltd.
Case number:
A-570-831-005
Exporter:
Linshu Dading Private Agricultural Products Co.
Manufacturer:
Jinxing Jinda Agricultural Industrial & Trading Co.
Case number:
A-570-831-013
Manufacturer:
Anqiu Friend Food Co., Ltd.
Case number:
A-570-831-027
Manufacturer:
Weifang Shennong Foodstuff Co. Ltd.
Case number:
A-570-831-028
Manufacturer: Linshu Dading Private Agricultural Products Co.
Case number:
A-570-831-029
Manufacturer:
Xuzhou Simple Garlic Industry Co., Ltd.
Case number:
A-570-831-034
Exporter:
Shandong Wonderland Organic Food Co., Ltd.
Manufacturer:
Shandong Wonderland Organic Food Co., Ltd.
Case number:
A-570-831-036
Exporter:
Jinxiang Tianma Freezing Storage Co., Ltd.
Manufacturer:
Jixiang Tianma Freezing Storage Co., Ltd.
Case number:
A-570-831-037
Exporter: Chengwu County Yu Anxiang Industry & Commerce Co.
Manufacturer:
Chengwu County Yu Anxiang Industry & Commerce Co.
Case number:
A-570-831-048
Therefore, entries of fresh garlic exported by the firms listed in this paragraph, entered, or withdrawn from warehouse, for consumption during the period 11/01/2008-10/31/2009, should be liquidated in accordance with the assessment instructions listed in paragraph 3 above for the PRC-wide entity.
5. In Commerce's final results of administrative review for the period 11/01/2007 through 10/31/2008 (75 FR 34697, 06/21/2010), Commerce determined that the following exporters or manufacturers were no longer eligible for a separate rate and were considered part of the PRC-wide entity (see message 0193303, dated 07/12/2010).
However, entries may have continued to enter under the case numbers listed below during 11/01/2008 through 10/31/2009 period.
Therefore, entries of fresh garlic exported by the firms listed in this paragraph, entered or withdrawn from warehouse, for consumption during the period 11/01/2008 through 10/31/2009, should be liquidated in accordance with the assessment instructions listed in paragraph 3 above.
Manufacturer:
Heze Ever-Best International Trade Co., Ltd.
Case number:
A-570-831-004
Manufacturer:
Shanghai Ever Rich Trade Company
Case number:
A-570-831-012
Manufacturer:
Jinxiang Dongyun Freezing Storage Co., Ltd.
Case number:
A-570-831-017
Exporter: Taiyan Ziyang Food Company Ltd.
Manufacturer:
Taiyan Ziyang Food Company Ltd.
Case number:
A-570-831-018
Manufacturer:
Jixiang Shanyang Freezing Storage Co., Ltd.
Case number:
A-570-831-019
Manufacturer:
Shenzhen Fanhui Import & Export Co., Ltd.
Case number:
A-570-831-025
Manufacturer: Qufu Dongbao Import & Export Trade Co., Ltd.
Case number:
A-570-831-026
Manufacturer:
Qingdao Saturn International Trade Co., Ltd.
Case number:
A-570-831-031
Exporter:
Shenzhen Greening Trading Co., Ltd.
Manufacturer:
Shenzhen Greening Trading Co., Ltd.
Case number:
A-570-831-043
6.
The notice of lifting of suspension of liquidation for entries of subject merchandise covered by paragraphs 3, 4, and 5 occurred with the publication of the final results of administrative review (76 FR 37321, 06/27/2011).
Unless instructed otherwise, for all other shipments of fresh garlic from the PRC, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current cash deposit rates or per-unit amounts.
7. The injunction with court number 10-00304 in message number 0319304, dated 11/15/2010, is applicable to the entries of fresh garlic from the PRC, which were exported by Qingdao Sea-line International Trading Co., Ltd. (aka Qingdao Sea-Line Trading Co., Ltd.) (A-570-031-000) and entered, or withdrawn from warehouse, for consumption during the period in 11/01/2008 through 04/30/2009.
This injunction dissolved on 03/02/2015.
Liquidation instructions for this company were issued under message 5103305, dated 04/13/2015.
8.
The injunction with court number 11-00145, in message number 1161302, dated 06/10/2011, is applicable to entries produced and exported by Jinxiang Yuanxin Imp & Exp Co., Ltd. (A-570-031-000) and entered, or withdrawn from warehouse, for consumption during the period in 11/01/2008 through 10/31/2009.
This injunction dissolved on 05/22/2015.
Liquidation instructions for this company were issued under message 5154301, dated 06/03/2015.
9.The injunction with court number 11-00144, in message number 1161303, dated 06/10/2011, is applicable to entries produced and exported by Jinxiang Chengda Imp & Exp Co., Ltd. (A-570-031-000) and entered, or withdrawn from warehouse, for consumption during the period in 11/01/2008 through 10/31/2009.
This injunction dissolved on 05/11/2014.
Liquidation instructions for this company were issued under message 4141308, dated 05/21/2014.
10.
The injunction with court number 11-00139, in message number 1172304, dated 06/21/2011, is applicable to entries produced and exported by Zhengzhou Huachao Industrial Co., Ltd. (A-570-031-000) and entered, or withdrawn from warehouse, for consumption during the period 11/01/2008 through 10/31/2009.
This injunction dissolved on 07/13/2013.
Liquidation instructions for this company were issued under message 3218306, dated 08/06/2013.
11.
The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930.
Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties.
The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order.
Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation.
The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
12.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations.
The importer should provide the reimbursement statement prior to liquidation of the entry.
If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation.
Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due.
If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBPs protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.
13.
If there are any questions by CBP officers, the importing public or interested parties, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by O7:JA).
14.
There are no restrictions on the release of this information.
Alexander Amdur