Import Administration, International Trade Administration, Department of Commerce.
The Department of Commerce (“Department”) is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (“PRC”) covering the period of review (“POR”) of November 1, 2005, through October 31, 2006. As discussed below, we preliminarily determine that certain respondents in this review made sales in the United States at prices below
December 10, 2007.
Julia Hancock, Michael Holton, or Matthew Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone: (202) 482–1394, (202) 482–1324, and (202) 482–2312, respectively.
On November 16, 1994, the Department published in the
On November 30, 2006, we received requests from both Petitioners
On March 8, 2007, in accordance with section 351.213(d)(1) of the Department's regulations, we rescinded the administrative review with respect to nine companies.
On August 2, 2007, the Department extended the preliminary results of this administrative review until November 30, 2007.
On January 23, 2007, the Department issued a quantity and value (“Q&V”) questionnaire to the 43 named firms that still had an active request for review.
On February 13, 2007, Qingdao Camel withdrew its request for an administrative review.
On February 15, 2007, the Department issued a second Q&V questionnaire to the 20 firms
Between February 16, 2007, and February 27, 2007, the Department received separate rate certifications from 18 firms
As discussed below in “Preliminary Partial Rescission of the Administrative Review,” on March 16, 2007, the Department received letters from Petitioners and Zhengzhou Harmoni withdrawing their requests for review of Zhengzhou Harmoni and thus, the Department did not consider Zhengzhou Harmoni in the selection of respondents.
On April 11, 2007, after receiving comments from interested parties, the Department selected Jinxiang Dong Yun, Huaiyang Hongda, and Shanghai LJ as the three mandatory respondents since they were the three largest exporters, by volume, of the remaining companies.
There are 37
On April 16, 2007, the Department issued antidumping duty questionnaires to Jinxiang Dong Yun, Huaiyang Hongda, and Shanghai LJ. Between May 14, 2007, and June 4, 2007, Huaiyang Hongda responded to the Department's non–market economy (“NME”) questionnaire but did not respond to the Department's subsequent supplemental questionnaires. Between May 21, 2007, and November 15, 2007, Shanghai LJ responded to the Department's NME questionnaire and subsequent supplemental questionnaires. Between May 21, 2007, and November 13, 2007, Jinxiang Dong Yun responded to the Department's NME questionnaire and subsequent supplemental questionnaires. Between May 7, 2007, and May 23, 2007, Qingdao Saturn submitted voluntary responses to the Department's NME questionnaire.
On March 22, 2007, Petitioners requested that the Department extend the deadline for the withdrawal of review requests. On March 27, 2007, the Department extended the deadline to withdraw a request for review to July 11, 2007.
On July 9, 2007, Qingdao Tiantaixing withdrew its request for an administrative review. No other party requested a review of Qingdao Tiantaixing. Therefore, because Qingdao Tiantaixing's request was timely, in accordance with 19 CFR 351.213(d)(1), we have rescinded this review with respect to Qingdao Tiantaixing.
On February 6, 2007, Qingdao Xintianfeng withdrew its request for an administrative review. Nonetheless, as previously noted, on February 22, 2007, Qingdao Xintianfeng submitted both a Q&V questionnaire response and a separate rate certification. On July 25, 2007, which was 14 days after the withdrawal deadline, Petitioners submitted a letter withdrawing their request for an administrative review of Qingdao Xintianfeng. On July 31, 2007, Qingdao Xintianfeng submitted a letter stating that due to its cooperative efforts it wished to remain an active respondent in this administrative review. On August 22, 2007, the Department issued a letter stating that it extended the time limit for withdrawing a request for review by 20 days to July 31, 2007. However, the Department also requested that Qingdao Xintianfeng submit a letter clarifying whether its July 31, 2007, letter, was in fact a retraction of its February 6, 2007, withdrawal of its review request. On August 24, 2007, Qingdao Xintianfeng submitted a letter stating that it was retracting its February 6, 2007, withdrawal request and wished to remain an active respondent in this administrative review. Therefore, because Qingdao Xintianfeng still has an active request for a review, we have not rescinded this review with respect to Qingdao Xintianfeng.
On March 16, 2007, the Department received letters from Petitioners and Zhengzhou Harmoni withdrawing their requests for review of Zhengzhou Harmoni. Therefore, because Petitioners' and Zhenghzhou Harmoni's requests were timely, in accordance with 19 CFR 351.213(d)(1), we have rescinded this review with respect to Zhengzhou Harmoni.
Three companies, Golden Bridge, Shanghai McCormick, and Zhangqiu Qingyuan, reported in their Q&V questionnaire responses that they made no shipments of subject merchandise to the United States during the POR. Additionally, the Department's examination of shipment data from CBP for these 3 companies confirmed that there were no entries of subject merchandise from them during the POR. Consequently, because there is no evidence on the record to indicate that these three companies had sales of subject merchandise under this Order during the POR, pursuant to 19 CFR 351.213(d)(3), the Department is preliminarily rescinding the review with respect to these three respondents: Golden Bridge, Shanghai McCormick, and Zhangqiu Qingyuan.
On June 7, 2007, the Department sent interested parties a letter requesting comments on the surrogate country and information pertaining to valuing factors of production. On August 2, 2007, September 20, 2007, and October 31, 2007, Petitioners submitted surrogate value comments from various Indian sources. No other interested party submitted comments on the surrogate country and information pertaining to valuing factors of production.
The products covered by this
Section 776(a)(2) of the Tariff Act of 1930, as amended (the “Act”), provides that, if an interested party: (A) withholds information that has been requested by the Department; (B) fails to provide such information in a timely manner or in the form or manner requested subject to sections 782(c)(1) and (e) of the Act; (C) significantly impedes a proceeding under the antidumping statute; or (D) provides such information but the information cannot be verified, the Department shall, subject to subsection 782(d) of the Act, use facts otherwise available in reaching the applicable determination.
Section 782(c)(1) of the Act provides that if an interested party “promptly after receiving a request from {the Department} for information, notifies {the Department} that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alternative forms in which such party is able to submit the information,” the Department may modify the requirements to avoid imposing an unreasonable burden on that party.
Section 782(d) of the Act provides that, if the Department determines that a response to a request for information does not comply with the request, the Department will inform the person submitting the response of the nature of the deficiency and shall, to the extent practicable, provide that person the opportunity to remedy or explain the deficiency. If that person submits further information that continues to be unsatisfactory, or this information is not submitted within the applicable time limits, the Department may, subject to section 782(e) of the Act, disregard all or part of the original and subsequent responses, as appropriate.
Section 782(e) of the Act states that the Department shall not decline to consider information deemed “deficient” under section 782(d) if: (1) the information is submitted by the established deadline; (2) the information can be verified; (3) the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination; (4) the interested party has demonstrated that it acted to the best of its ability in providing the information and meeting the requirements established by the Department; and (5) the information can be used without undue difficulties.
Furthermore, section 776(b) of the Act states that if the Department “finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority or the Commission, the administering authority or the Commission ..., in reaching the applicable determination under this title, may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available.”
As discussed in the “General Background” section above, Huaiyang Hongda did not respond to the supplemental questionnaires issued by the Department on August 10, 2007, and August 22, 2007. The deadline for Huaiyang Hongda to file a response to the supplemental Section A questionnaire and the supplemental Sections C and D questionnaire were August 24, 2007, and September 4, 2007, respectively. Huaiyang Hongda failed to respond to either of these supplemental questionnaires. Additionally, the Department issued letters to Huaiyang Hongda on August 24, 2007, and September 13, 2007, and confirmed delivery for both letters. In both letters, the Department noted that responses to its supplemental questionnaires were past due and requested that Huaiyang Hongda notify the Department whether it intended to participate further in this administrative review. Huaiyang Hongda did not respond to either of these letters. Therefore, the Department finds that Huaiyang Hongda's non–responsiveness necessitates the use of facts available, pursuant to sections 776(a)(2)(A), (B) and (C) of the Act.
Based upon Huaiyang Hongda's failure to submit responses to the Department's supplemental questionnaires and follow–up letters, the Department finds that Huaiyang Hongda withheld requested information, failed to provide the information in a timely manner and in the form requested, and significantly impeded this proceeding, pursuant to sections 776(a)(2)(A), (B) and (C) of the Act. Because Huaiyang Hongda failed to provide a response to the Department's supplemental questionnaires, critical data relevant to its separate rate determination remains outstanding. Therefore, the Department was prevented from conducting a complete separate rate analysis. Additionally, Huaiyang Hongda's failure to provide a response to the Department's supplemental questionnaires means that
For these preliminary results, the Department finds that Huaiyang Hongda has failed to cooperate to the best of its ability. Specifically, the Department finds that Huaiyang Hongda did not respond to the Department's request for clarification on certain issues, including its separate rate information and reported sales and cost information, as requested in the Department's supplemental questionnaires.
Because of Huaiyang Hongda's refusal to cooperate in the instant proceeding, the Department was unable to calculate a company–specific margin or even to determine Huaiyang Hongda's separate rate status. Thus, the Department could not determine whether Huaiyang Hongda is eligible for a separate rate. Accordingly, we are not granting Huaiyang Hongda a separate rate and consider Hongda to be part of the PRC–wide entity, subject to the PRC–wide rate.
As mentioned in the “General Background” section above, the Department initiated this administrative review with respect to 52 companies, including among them APS Qingdao, Fujian Meitan, Hongchang, Jining Haijiang, Jining Solar, Jinxian County Huaguang, Laiwu Hongyang, Pizhou Guangda, Qingdao Bedow, Qingdao Camel, Qingdao H&T, Qingdao Potenza, Qingdao Shiboliang, Rizhao Xingda, Shandong Chengshun, Shandong Dongsheng, Shandong Garlic, Shanghai Ba–Shi, and T&S (collectively referred to as the “19 Companies”).
Because these 19 Companies were non–responsive to the Department's two requests for Q&V information, the Department finds that they are not entitled to a separate rate. Additionally, by not responding to the Department's first or second Q&V questionnaire, each company failed to provide critical information to be used for the Department's respondent selection process. Therefore, pursuant to sections 776(a)(2)(A), (B) and (C) of the Act, the Department finds that the application of facts available is appropriate. In addition, pursuant to section 776(b) of the Act, the Department may apply adverse facts available if it finds a respondent has failed to cooperate by not acting to the best of its ability to comply with a request for information from the Department. By failing to respond to the Department's first and second Q&V questionnaire, these 19 Companies have failed to act to the best of their ability in this segment of the proceeding. Moreover, because these 19 Companies did not participate in the respondent selection exercise, the Department did not send them a questionnaire and was unable to determine whether or not they qualified for a separate rate. Therefore, these 19 Companies are not eligible to receive a separate rate and will be part of the PRC–wide entity, subject to the PRC–wide rate.
Because Huaiyang Hongda and the 19 Companies, which are part of the PRC–wide entity, failed to cooperate to the best of their ability in providing the requested information, as discussed above, we find it appropriate, in accordance with sections 776(a)(2)(A), (B) and (C), as well as section 776(b), of the Act, to assign total AFA to the PRC–wide entity.
As discussed above, section 776(b) of the Act authorizes the Department to use, as AFA, information derived from the petition, the final determination in the LTFV investigation, any previous administrative review, or any other information placed on the record. Section 776(b)(4) of the Act permits the Department to use as AFA information derived in the LTFV investigation or any prior review. In selecting an AFA rate, the Department's practice has been to assign non–cooperative Respondents the highest margin determined for any party in the less–than-fair–value (“LTFV”) investigation or in any administrative review.
Section 776(c) of the Act requires the Department to corroborate, to the extent practicable, secondary information used as facts available. Secondary information is defined as “information derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise.”
The SAA further provides that the term “corroborate” means that the Department will satisfy itself that the secondary information to be used has probative value.
With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal to determine whether a margin continues to have relevance. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin. For example, in
As this rate is both reliable and relevant, we determine that it has probative value, and is thus in accordance with section 776(c)'s requirement that secondary information be corroborated to the extent practicable (
Section 782(a) of the Act provides that the Department, in any investigation under subtitle A or B or a review under section 751(a) in which the administering authority has, under section 777A(c)(2), limited the number of exporters or producers examined, or determined a single country–wide rate, the administering authority shall establish an individual weighted- average dumping margin for any exporter or producer not initially selected for individual examination under such sections who submits to the administering authority the information requested from exporters or producers selected for examination, if (1) such information is so submitted by the date specified for exporters and producers that were initially selected for examination; and (2) the number of exporters or producers who have submitted such information is not so large that individual examination of such exporters or producers would be unduly burdensome and inhibit the timely completion of the investigation.
As discussed in the “General Background” section above, between May 7 and 23, 2007, Qingdao Saturn submitted voluntary responses to the Department's NME questionnaire. In Qingdao Saturn's questionnaire responses, Qingdao Saturn requested that the Department calculate an individual weighted–average dumping margin for Qingdao Saturn, pursuant to section 782(a) of the Act. Additionally, between October 2 and 15, 2007, Qingdao Saturn requested that the Department calculate an individual weighted–average dumping margin for Qingdao Saturn, pursuant to section 782(a) of the Act, arguing that the Department has the resources and time to review Qingdao Saturn as a voluntary respondent due to Huaiyang Hongda's lack of participation in this proceeding. Moreover, on October 9, 2007, Petitioners submitted comments requesting that the Department not review Qingdao Saturn as a voluntary respondent, pursuant to section 782(a) of the Act, because Department does not have the additional resources to consider Qingdao Saturn's data so late in the proceeding. Furthermore, in their comments, Petitioners stated that the Department has not yet determined how it will treat Huaiyang Hongda in the preliminary results.
For these preliminary results, the Department has not examined any of the submissions by Qingdao Saturn because of the Department's resource constraints and the Department's decision to only review three exporters. Although Qingdao Saturn is correct that Huaiyang Hongda has not responded to the Department's supplemental questionnaires, as discussed above in the “Huaiyang Hongda” section, the Department has not received communication from Huaiyang Hongda that it is not going to participate as an active respondent in this proceeding. In certain circumstances, the Department has determined to review a voluntary respondent because (1) another respondent notified the Department that it was not going to participate; and (2) reviewing this voluntary respondent would not be unduly burdensome, given time and resource constraints.
Additionally, the Department finds that, while Qingdao Saturn is correct that the Department can choose to review a voluntary respondent, section 782(a)(2) of the Act provides that the Department may do so if reviewing such an exporter or producer is not “unduly burdensome and inhibit the timely completion of the investigation.” However, the Department finds that, given the limited amount of time remaining after Huaiyang Hongda stopped responding to the Department's questionnaires, the Department did not have an adequate amount of time to examine Qingdao Saturn's responses for these preliminary results.
The Department notes that the analysis of initial questionnaire responses makes up only a limited portion of the work performed with respect to any given respondent. The Department frequently issues supplemental questionnaires, collects surrogate value data for the factors of production (“FOPs”) used by each individual respondent, identifies and resolves any issues with respect to such data, and calculates a separate margin for each company.
In every case conducted by the Department involving the PRC, the PRC has been treated as an NME country. In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority.
A designation as an NME remains in effect until it is revoked by the Department.
It is the Department's standard policy to assign all exporters of the merchandise subject to review in NME countries a single rate unless an exporter can affirmatively demonstrate an absence of government control, both in law (
The Department considers the following
Throughout the course of this administrative review, only two of the mandatory respondents, Jinxiang Dong Yun and Shanghai LJ, have placed sufficient evidence on the record that demonstrate absence of
As stated in previous cases, there is some evidence that certain enactments of the PRC central government have not been implemented uniformly among different sectors and/or jurisdictions in the PRC.
The Department conducted a separate rates analysis for (1) two of the mandatory respondents chosen for an administrative review: Jinxiang Dong Yun and Shanghai LJ; and (2) the separate rate companies upon which an administrative review was requested but which were not chosen as mandatory respondents.
These companies have all asserted the following: (1) there is no government participation in setting export prices; (2) sales managers and authorized employees have the authority to create binding sales contracts; (3) they do not
However, as discussed previously, the Department is not granting one of the mandatory respondents, Huaiyang Hongda, a separate rate because Huaiyang Hongda failed to respond to the supplemental questionnaire issued by the Department that contained several questions regarding Huaiyang Hongda's eligibility for a separate rate. As a result, we cannot confirm or verify the separate rate information that Huaiyang Hongda submitted in its questionnaire responses.
When the Department investigates imports from an NME country, section 773(c)(1) of the Act directs it to base NV, in most circumstances, on the NME producer's FOPs, valued in a surrogate market economy country or countries considered to be appropriate by the Department. In accordance with section 773(c)(4) of the Act, in valuing the FOPs, the Department shall utilize, to the extent possible, the prices or costs of FOPs in one or more market economy countries that are: (1) at a level of economic development comparable to that of the NME country; and (2) significant producers of comparable merchandise. The sources of the surrogate factor values are discussed under the “Normal Value” section below and in the Memorandum to the File through James C. Doyle, Director, Office 9 and Alex Villanueva, Program Manager, Office 9 from Julia Hancock, Senior Case Analyst, Office 9: Surrogate Factor Valuations for the Preliminary Results of the 12th Administrative Review (November 30, 2007) (“Surrogate Values Memo”).
As discussed in the “NME Country Status” section, the Department considers the PRC to be an NME country. The Department determined that India, Sri Lanka, Indonesia, Philippines, and Egypt are countries comparable to the PRC in terms of economic development.
In accordance with section 772(a) of the Act, we calculated the export price (“EP”) for sales to the United States for Jinxiang Dong Yun and Shanghai LJ because the first sale to an unaffiliated party was made before the date of importation and the use of constructed EP (“CEP”) was not otherwise warranted. We calculated EP based on the price to unaffiliated purchasers in the United States. In accordance with section 772(c) of the Act, as appropriate, we deducted from the starting price to unaffiliated purchasers foreign inland freight, brokerage and handling, and marine insurance. For Jinxiang Dong Yun and Shanghai LJ, each of these services was either provided by an NME vendor or paid for using an NME currency. Thus, we based the deduction of these movement charges on surrogate values.
Section 773(c)(1)(B) of the Act provides that the Department shall determine NV using an FOP methodology if the merchandise is exported from an NME and the information does not permit the calculation of NV using home–market prices, third–country prices, or constructed value under section 773(a) of the Act. The Department calculates NV using each of the FOPs that a respondent consumes in the production of a unit of the subject merchandise because the presence of government controls on various aspects of NMEs renders price comparisons and the calculation of production costs invalid under the Department's normal methodologies. However, there are circumstances in which the Department will modify its standard FOP methodology, choosing to apply a surrogate value to an intermediate input instead of the individual FOPs used to produce that intermediate input. In some cases, a respondent may report factors used to produce an intermediate input that accounts for an insignificant share of total output. When the potential increase in accuracy to the overall calculation that results from valuing each of the FOPs is outweighed by the resources, time, and burden such an analysis would place on all parties to the proceeding, the Department has valued the intermediate input directly using a surrogate value.
In the
In the course of this review, the Department has requested and obtained a vast amount of detailed information from the respondents with respect to each company's garlic production practices. However, based on our analysis of the information on the record and for the reasons outlined in the Memorandum to the File through James C. Doyle, Director, Office 9 and Alex Villanueva, Program Manager, Office 9 from Matthew Renkey, Senior Case Analyst, and Michael Holton, Senior Case Analyst, Office 9: 12th Administrative Review of the Antidumping Duty Order on Fresh Garlic From the People's Republic of China: Intermediate Input Methodology (November 30, 2007) (“Intermediate Product Memo”), we continue to believe that the respondents were unable to accurately record and substantiate the complete costs of growing garlic during the POR.
Thus, in the preliminary results for this administrative review, in order to eliminate the distortions in our calculation of NV, for all of the reasons identified above and described in the Intermediate Product Memo, the Department applied an “intermediate–product valuation methodology” to the 2 mandatory companies, Jinxiang Dong Yun and Shanghai LJ, for which we are calculating an antidumping duty margin in these preliminary results. Using this methodology, the Department calculated NV by starting with a surrogate value for the garlic bulb (
In accordance with section 773(c) of the Act, the Department calculated NV based on the intermediate product value and processing FOPs reported by the respondents for the POR. To calculate NV, the Department multiplied the reported per–unit factor quantities by publicly available surrogate values in India with the exception of the surrogate value for ocean freight, which we obtained from an international freight company. In selecting the surrogate values, the Department considered the quality, specificity, and contemporaneity of the data. As appropriate, the Department adjusted input prices by including freight costs to make them delivered prices. The Department calculated these freight costs based on the shorter of the reported distance from the domestic supplier to the factory or the distance from the port in accordance with the decision in
In applying the intermediate input methodology, the Department sought foremost to identify the best available surrogate value for the fresh garlic bulb input to production, as opposed to identifying a surrogate value for garlic seed. Therefore, the Department has valued the fresh garlic bulb using prices for the size ranges of “A” and “super–A” grade garlic bulb in India, as published by Azadpur Agriculture Produce Marketing Committee (“APMC”) in its “Market Information Bulletin” (the “Bulletin”). Azadpur APMC is the largest fruit and vegetable market in Asia and has become a “National Distribution Centre” for important Indian agricultural products such as garlic. The Bulletin is published by the Azadpur APMC on each trading day and contains, among other things, a list of all fruits and vegetables sold on the previous trading day, the amount (by weight) of each fruit or vegetable sold on that day, and a low, high and modal price for each commodity sold. The Department notes that the “A” grade garlic typically ranges from 40 - 55 millimeters (“mm”) in diameter, and the “super–A” grade garlic ranges 40 mm and above in diameter.
As the Department determined in past reviews, the price at which garlic is sold is heavily dependent upon physical characteristics, such as bulb size and number of cloves.
Because the Department is able to determine the size of “A” and “super–A” grade garlic and Jinxiang Dong Yun and Shanghai LJ provided the size of the garlic bulb, the Department is calculating the surrogate value for the garlic bulb using a simple average of the Azadpur data for “A” and “super–A” grade garlic for Jinxiang Dong Yun and Shanghai LJ. For further discussion of the Department's calculation for the surrogate value for the garlic bulb, as well as other surrogate values used,
The Department has determined that the following preliminary dumping margins exist for the period November 1, 2005, through October 31, 2006:
The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
In accordance with 19 CFR 351.301(c)(3)(ii), for the final results of this administrative review, interested parties may submit publicly available information to value FOPs within 20 days after the date of publication of these preliminary results. Interested parties must provide the Department with supporting documentation for the publicly available information to value each FOP. Additionally, in accordance with 19 CFR 351.301(c)(1), for the final results of this administrative review, interested parties may submit factual information to rebut, clarify, or correct factual information submitted by an interested party less than ten days before, on, or after, the applicable deadline for submission of such factual information. However, the Department notes that 19 CFR 351.301(c)(1) permits new information only insofar as it rebuts, clarifies, or corrects information recently placed on the record. The Department generally cannot accept the submission of additional, previously absent–from-the–record alternative surrogate value information pursuant to 19 CFR 351.301(c)(1).
Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of review.
Any interested party may request a hearing within 30 days of publication of these preliminary results.
The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Upon completion of this administrative review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review. If these preliminary results are adopted in our final results of review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer–specific (or customer)
For Qingdao Tiantaixing, Zhengzhou Harmoni, Golden Bridge, Shanghai
The following cash deposit requirements will be effective upon publication of the final results of the administrative review for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided by section 751(a)(2)(C) of the Act: (1) for the exporters listed above, the cash–deposit rate will be that established in these final results of review (except, if the rate is zero or
This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This administrative review, and this notice are in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213 and 351.221(b)(4).