• Effective Date: Sep 27, 2017
  • Period of Review: Nov 01, 2011 to Oct 31, 2012
  • Notice of Lifting of Suspension Date: Mar 27, 2023
  • Cite as: 82 FR 57714 • Cite date: Dec 07, 2017
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1. On 09/19/2017, the U.S. Court of International Trade issued a final decision in the case of Fresh Garlic Producers Ass'n v. United States, 2017 Ct. Intl. Trade (consol. court no. 14-00180, consolidating court numbers 14-00154, 14-00163, 14-00165, and 14-00167). 1a. Court Case Number 14-00154: The injunction to which message 4197309 dated 07/16/2014 refers, enjoined entries that were entered, or withdrawn from warehouse, for consumption on or after 11/01/2011 through 10/31/2012, were the subject of the United States Department of Commerce's final administrative proceeding published as Fresh Garlic from the Peoples Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review 2011-2012, 79 Fed. Reg. 36,721 (06/30/2014); and that were exported from the Peoples Republic of China by Shenzhen Xinboda Industrial Co., Ltd. 1b. Court Case Number 14-00163: The injunction to which message 4202303 dated 07/21/2014 refers, enjoined entries that were subject of the United States Department of Commerce's final antidumping duty determination in Fresh Garlic from the Peoples Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review: 2011-2012, 79 Fed. Reg. 36,721 (06/30/2014); were exported by Hebei Golden Bird Trading Co., Ltd.; and were entered, or withdrawn from warehouse, for consumption between 11/1/2011 through 10/31/2012. 1c. Court Case Number 14-00165: The injunction to which message 4206308 dated 07/25/2014 refers, enjoined entries that were the subject of the United States Department of Commerce's final antidumping duty determination in Fresh Garlic from the Peoples Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011-2012, 79 Fed. Reg. 36,721 (06/30/2014); were exported by Qingdao Xintianfeng Foods Co., Ltd., Shenzhen Bainong Co., Ltd., Yantai Jinyan Trading, Inc., Jining Yifa Garlic Produce Co., Ltd., Jinan Farmlady Trading Co., Ltd., and Weifang Hongqiao International Logistics Co, Ltd.; and were entered, or withdrawn from warehouse, for consumption between 11/01/2011 through 10/31/2012. 1d. Court Case Number 14-00167: The injunction to which message 4205301 dated 07/24/2014 refers, enjoined entries that were exported from China by Chengwu County Yuanxiang Industry & Commerce Co., Ltd.; were entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012; and were the subject of the administrative review published as Fresh Garlic from the Peoples Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review, 79 Fed. Reg. 36,721 (06/30/2014). 1e. Court Case Number 14-00180: The injunction to which message 4259301 dated 09/16/2014 refers, enjoined entries that were exported by Shenzhen Xinboda Industrial Co., Ltd., Qingdao Xintianfeng Foods Co., Ltd., Shenzhen Bainong Co., Ltd., Chengwu County Yuanxiang Industry & Commerce Co., Ltd., Yantai Jinyan Trading, Inc., Jining Yifa Garlic Produce Co., Ltd., Jinan Farmlady Trading Co., Ltd., or Weifang Hongqiao International Logistics Co., Ltd., which were entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012. Court case number 14-00180 consolidated court case numbers 14-00154, 14-00163, 14-00165, and 14-00167. 1f. As a result of the court's decision, the injunctions to which messages 4197309, 4202303, 4206308, 4205301, and 4259301 (identified above at paragraphs 1a through 1e), dissolved on 11/21/2017. 2. The injunction to which message 4191304 dated 07/10/2014 refers, enjoined entries that were the subject of the administrative review determination in Fresh Garlic from the Peoples Republic of China: Final Results and Partial Rescission of the 18th Administrative Review: 2011-2012, 79 FR 36721 (06/30/2014) and were exported to the United States by Jinxiang Merry Vegetable Co., Ltd. or Cangshan Qingshui Vegetable Foods Co., Ltd., which were entered, or withdrawn from warehouse, for consumption on or after 11/01/2011 through 10/31/2012. On 11/05/2014, this injunction was dismissed (court no. 13-00262). 3a. For all shipments of fresh garlic from China exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012, assess an antidumping liability equal to $1.82 per kilogram of subject merchandise. The case numbers below may not have been in effect during the full period of review, accordingly, CBP should examine entries made under A-570-831-000 or other company specific case numbers. Exporter: Qingdao Xintianfeng Foods Co., Ltd. Case Number: A-570-831-032 Exporter: Jinan Farmlady Trading Co., Ltd. Case Number: A-570-831-044 Exporter: Yantai Jinyan Trading, Inc. Case Number: A-570-831-054 Exporter: Weifang Hongqiao International Logistics Co., Ltd. Case Number: A-570-831-057 Exporter: Chengwu County Yuanxiang Industry & Commerce Co., Ltd. Case Number: A-570-831-060 Exporter: Jinxiang Merry Vegetable Co., Ltd. Case Number: No case number was in effect during the period of review Exporter: Cangshan Qingshui Vegetable Foods Co., Ltd. Case Number: No case number was in effect during the period of review Exporter: Shenzhen Bainong Co., Ltd. Case Number: No case number was in effect during the period of review Exporter: Jining Yifa Garlic Produce Co., Ltd. Case Number: No case number was in effect during the period of review 3b. For all shipments of fresh garlic from China exported by the firm listed below and entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012, assess an antidumping liability equal to $2.76 per kilogram of subject merchandise. The case numbers below may not have been in effect during the full period of review, accordingly, CBP should examine entries made under A-570-831-000 or other company specific case numbers. Exporter: Hebei Golden Bird Case Number: A-570-831-041; A-570-831-061 3c. For all shipments of fresh garlic from China exported by the firm listed below and entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012, assess an antidumping liability equal to $2.19 per kilogram of subject merchandise. The case numbers below may not have been in effect during the full period of review, accordingly, CBP should examine entries made under A-570-831-000 or other company specific case numbers. Exporter: Shenzhen Xinboda Industrial Co., Ltd. Case Number: A-570-831-056 4. For all shipments of fresh garlic from the People's Republic of China, entered, or withdrawn from warehouse, for consumption during the period 11/01/2011 through 10/31/2012, entered under the above-listed case numbers, and not covered by paragraph 3, assess antidumping duties at the China-wide rate, unless the exporter received its own rate in this review, in which case assess antidumping duties in accordance with liquidation instructions for that exporter. The China-wide rate for fresh garlic from the People's Republic of China is $4.71 per kilogram. 5. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph(s) 3 and 4. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of fresh garlic from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 6. There are no injunctions applicable to the entries covered by this instruction. 7. 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 manufacturer, 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 CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Import Administration, 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 OVII:JA.) 9. There are no restrictions on the release of this information. Alexander Amdur