70638 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices

DEPARTMENT OF COMMERCE request an administrative review of the Separate Rates antidumping duty order on fresh garlic The Department has treated the PRC International Trade Administration from the PRC. See Antidumping or as a non–market-economy (NME) [A–570–831] Countervailing Duty Order, Finding, or country in all past antidumping Suspended Investigation; Opportunity investigations (see, e.g., Notice of Final Fresh Garlic from the People’s to Request Administrative Review, 68 Determination of Sales at Less Than Republic of China: Preliminary Results FR 62279. On December 24, 2003, we Fair Value: Bulk Aspirin From the of Antidumping Duty Administrative published the Notice of Initiation of People’s Republic of China, 65 FR 33805 Review and Rescission in Part Antidumping and Countervailing Duty (May 25, 2000), and Notice of Final Administrative Reviews (68 FR 74550), AGENCY: Import Administration, Determination of Sales at Less Than in which we initiated the 2002–2003 Fair Value: Certain Non–Frozen Apple International Trade Administration, administrative review of the Juice Concentrate from the People’s Department of Commerce. antidumping duty order on fresh garlic Republic of China, 65 FR 19873 (April SUMMARY: In response to requests from from the PRC. interested parties, the Department of On July 15, 2004, we extended the 13, 2000)) and in prior segments of this Commerce (the Department) is deadline for the issuance of the proceeding. A designation as an NME conducting an administrative review of preliminary results of the administrative remains in effect until it is revoked by the antidumping duty order on fresh review by 120 days, until November 29, the Department. See section 771(18)(C) garlic from the People’s Republic of 2004 (69 FR 42418). We are conducting of the Act. Accordingly, there is a China (PRC). The period of review for this review in accordance with section rebuttable presumption that all this administrative review is November 751(a)(1) of the Tariff Act of 1930, as companies within the PRC are subject to 1, 2002, through October 31, 2003. amended (the Act). government control and, thus, should be Three companies named in the assessed a single antidumping duty rate. Scope of the Order initiation of this review made no It is the Department’s standard policy exports or sales of the subject The products subject to the to assign all exporters of the merchandise during the period of antidumping duty order are all grades of merchandise subject to review in NME review and, consequently, we are garlic, whole or separated into countries a single rate unless an rescinding the review for these constituent cloves, whether or not exporter can affirmatively demonstrate companies. In addition, we are peeled, fresh, chilled, frozen, an absence of government control, both rescinding our review of a fourth provisionally preserved, or packed in in law (de jure) and in fact (de facto), company because the petitioners water or other neutral substance, but not with respect to exports. To establish withdrew their request for a review of prepared or preserved by the addition of whether a company is sufficiently that company. We are also rescinding other ingredients or heat processing. independent to be entitled to a separate, our review of a fifth company because The differences between grades are company–specific rate, the Department its sale to the United States is not based on color, size, sheathing, and analyzes each exporting entity in an eligible for review. Therefore, this level of decay. NME country under the test established review covers twelve manufacturers/ The scope of this order does not in the Final Determination of Sales at exporters of the subject merchandise. include the following: (a) garlic that has Less than Fair Value: Sparklers from the We preliminarily determine that nine been mechanically harvested and that is People’s Republic of China, 56 FR 20588 of these companies have made sales in primarily, but not exclusively, destined (May 6, 1991), as amplified by the the United States at prices below normal for non–fresh use; or (b) garlic that has Notice of Final Determination of Sales value. Further, we preliminarily been specially prepared and cultivated at Less Than Fair Value: Silicon Carbide determine that the remaining three prior to planting and then harvested and from the People’s Republic of China, 59 companies are not entitled to separate otherwise prepared for use as seed. FR 22585 (May 2, 1994) (Silicon rates and have assigned them the rate The subject merchandise is used Carbide). for the PRC–wide entity. principally as a food product and for For the reasons discussed in the We invite interested parties to seasoning. The subject garlic is section below entitled ‘‘The PRC–Wide comment on these preliminary results. currently classifiable under subheadings Rate and Use of Facts Otherwise Parties who submit comments are 0703.20.0010, 0703.20.0020, Available,’’ we have determined that requested to submit with each argument 0703.20.0090, 0710.80.7060, Jinxiang Hongyu Freezing and Storing a statement of the issue and a brief 0710.80.9750, 0711.90.6000, and Co., Ltd. (Hongyu), Linyi Sanshan summary of the argument. 2005.90.9700 of the Harmonized Tariff Import and Export Trading Co., Ltd. Schedule of the United States (HTSUS). (Linyi Sanshan), and Tancheng County EFFECTIVE DATE: December 7, 2004. Although the HTSUS subheadings are Dexing Foods Co., Ltd. (Dexing Foods) FOR FURTHER INFORMATION CONTACT: provided for convenience and customs do not qualify for a separate rate and are Coleen Schoch or Brian Ledgerwood, purposes, the written description of the instead part of the PRC entity. China/NME Unit, Office of AD/CVD scope of this proceeding is dispositive. Jinxiang Dong Yun Freezing Storage Operations, Import Administration, In order to be excluded from the Co., Ltd. (Dong Yun), Fook Huat Tong International Trade Administration, antidumping duty order, garlic entered Kee Pte., Ltd. (FHTK), Huaiyang Hongda U.S. Department of Commerce, 14th under the HTSUS subheadings listed Dehydrated Vegetable Company Street and Constitution Avenue, NW, above that is (1) mechanically harvested (Hongda), Jinan Yipin Corporation, Ltd. Washington, DC 20230; telephone (202) and primarily, but not exclusively, (Jinan Yipin), Linshu Dading Private 482–4551 or (202) 482–3836, destined for non–fresh use or (2) Agricultural Products Co., Ltd. (Linshu respectively. specially prepared and cultivated prior Dading), Sunny Import & Export SUPPLEMENTARY INFORMATION: to planting and then harvested and Limited (Sunny), Taian Ziyang Food otherwise prepared for use as seed must Co., Ltd (Ziyang), Jining Trans–High Background be accompanied by declarations to U.S. Trading Co., Ltd. (Trans–High), and On November 3, 2003, the Department Customs and Border Protection (CBP) to Zhengzhou Harmoni Spice Co., Ltd. published a notice of opportunity to that effect. (Harmoni), all provided the requested

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separate–rate information in their control is critical in determining merchandise during the POR that are responses to our original and whether respondents are, in fact, subject subject to the administrative review. supplemental questionnaires. to a degree of governmental control Therefore, in accordance with 19 CFR Accordingly, consistent with &, 61 FR which would preclude the Department 351.213(d)(3), we are rescinding our 56570 (April 30, 1996), we performed from assigning separate rates. review with respect to these three separate–rates analyses to determine FHTK and Harmoni reported that they companies. whether each producer/exporter is are wholly owned by foreign entities; On January 13, 2004, the petitioners independent from government control. Sunny and Ziyang reported that they are withdrew their request for an limited–liability companies owned by administrative review of Xiangcheng 1. Absence of De Jure Control private investors. Hongda, Dong Yun, Yisheng Foodstuffs Co. (Yisheng). The Department considers the Jinan Yipin, Linshu Dading, and Trans– Therefore, we are rescinding our review following de jure criteria in determining High reported that they are limited– of Yisheng for this POR, pursuant to 19 whether an individual company may be liability companies. Each has asserted CFR 351.213(d)(1). granted a separate rate: (1) An absence the following: (1) There is no We are also rescinding our review of of restrictive stipulations associated government participation in setting H&T Trading Company (H&T). H&T with an individual exporter’s business export prices; (2) sales managers and requested a new shipper review and and export licenses; (2) any legislative authorized employees have the administrative review at the same time. enactments decentralizing control of authority to bind sales contracts; (3) In the course of our initial examination companies; (3) any other formal they do not have to notify any of the new shipper request, we measures by the government government authorities of management discovered that H&T was a Hong Kong– decentralizing control of companies. selections; (4) there are no restrictions based exporter that purchased the With the exception of Hongyu, Lingi on the use of export revenue; (5) each subject merchandise from a Chinese Sanshan, and Dexing Foods, each is responsible for financing its own supplier, Jining Jinshan. Additional respondent has placed on the record a losses. The questionnaire responses of information demonstrated that Jining number of documents to demonstrate FHTK, Hongda, Jinan Yipin, Trans– Jinshan had knowledge H&T would absence of de jure control including the High, Dong Yun, Linshu Dading, Sunny, export the subject merchandise it ‘‘Foreign Trade Law of the People’s Ziyang, and Harmoni do not suggest that purchased to the United States. Republic of China’’ and the pricing is coordinated among exporters. Pursuant to section 772(a) of the Act, ‘‘Administrative Regulations of the During our analysis of the information the first party in the chain of People’s Republic of China Governing on the record, we found no information distribution with knowledge of its U.S. the Registration of Legal Corporations.’’ indicating the existence of government destination is the appropriate party to The Department has analyzed such PRC control. Consequently, we preliminarily review. See Fresh Garlic from the laws and found that they establish an determine that FHTK, Hongda, Jinan People’s Republic of China: Preliminary absence of de jure control. See, e.g., Yipin, Trans–High, Dong Yun, Linshu Results of Antidumping Duty Preliminary Results of New Shipper Dading, Sunny, Ziyang, and Harmoni Administrative Review, Partial Review: Certain Preserved Mushrooms have met the criteria for the application Rescission of Administrative Review, From the People’s Republic of China, 66 of a separate rate. and Intent to Rescind Administrative FR 30695 (June 7, 2001). We have no Review in Part, 68 FR 4758, 4759 information in this proceeding that Partial Rescission of Administrative (January 30, 2003). Because of this would cause us to reconsider this Review knowledge and the fact that the sale determination. In response to our December 30, 2003, between Jining Jinshan and H&T was letter requesting quantity and value the first non–intra-NME sale in the 2. Absence of De Facto Control information, three companies responded chain of distribution, the transaction Typically, the Department considers that they had made no exports of the between Jining Jinshan and H&T is the four factors in evaluating whether a subject merchandise during the period appropriate basis for determining the respondent is subject to de facto of review (POR). These companies were export price. Therefore, review of H&T governmental control of its export Clipper Manufacturing Ltd. (Clipper), is not appropriate and the Department is functions: (1) whether the export prices Shandong Heze International Trade and now rescinding its initiation of the are set by, or subject to, the approval of Developing Co. (Shandong Heze), and review of H&T. Further, the Department a governmental authority; (2) whether Shanghai Ever Rich Trade Company did not receive a request for an the respondent has authority to (Ever Rich). These individual responses administrative review of Jining Jinshan negotiate and sign contracts, and other are discussed in and attached to the prior to or during the anniversary month agreements; (3) whether the respondent Questionnaire Response Memorandum of the publication of the antidumping has autonomy from the government in to Laurie Parkhill, dated November 29, duty order. See 19 CFR 351.214(d). See making decisions regarding the 2004 (Questionnaire Response Memo). Memorandum from Mark Ross to Laurie selection of its management; (4) whether Each of the companies responded that Parkhill Regarding Intent to Rescind the the respondent retains the proceeds of they were not producers or exporters of Administrative Review with Respect to its export sales and makes independent the subject merchandise during the H&T Trading Company (January 29, decisions regarding disposition of POR. We examined CBP data to confirm 2004). profits or financing of losses. See Silicon that none of them was listed as a Carbide at 22587. manufacturer or exporter of the subject The PRC–Wide Rate and Use of Facts As stated in previous cases, there is merchandise on entries during the POR. Otherwise Available some evidence that certain enactments In addition, there is no information on All respondents were given the of the PRC central government have not the record to indicate that these opportunity to respond to the been implemented uniformly among companies had sales or exports of Department’s questionnaire. As different sectors and/or jurisdictions in subject merchandise during the POR. As explained above, we received the PRC. See Silicon Carbide at 22586– a result, we find that Clipper, Shandong questionnaire responses from FHTK, 22587. Therefore, the Department has Heze, and Ever Rich made no entries, Hongda, Jinan Yipin, Trans–High, Dong determined that an analysis of de facto exports, or sales of the subject Yun, Linshu Dading, Sunny, Ziyang,

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and Harmoni and we have calculated a administrative review, or any other Similarly, no information has been separate rate for each of these information placed on the record. presented in the current review that companies. The PRC–wide rate applies On December 30, 2003, the calls into question the reliability of this to all entries of subject merchandise Department issued its antidumping duty information. Thus, the Department finds except for entries from companies that questionnaire to Hongyu, Linyi that the information is reliable. have received their own rate based on Sanshan, and Dexing Foods. We With respect to the relevance aspect the final results of a prior segment of confirmed that the questionnaires we of corroboration, the Department stated this proceeding (e.g., Jinan Yipin). As sent to Hongyu and Linyi Sanshan were in Tapered Roller Bearings and Parts discussed below, we have decided to delivered and accepted on January 6, Thereof, Finished and Unfinished, from treat Hongyu, Linyi Sanshan, and 2004. We also confirmed that a Japan, and Tapered Roller Bearings, Dexing Foods as part of the PRC–wide representative of Dexing Foods picked Four Inches or Less in Outside entity. up its questionnaire from the main Diameter, and Components Thereof, Hongyu, Linyi Sanshan, and Dexing Commerce building. See Questionnaire from Japan; Preliminary Results of Foods did not respond to the Response Memo. Because they did not Antidumping Duty Administrative Department’s questionnaire. Section provide responses to the Department’s Reviews and Partial Termination of 776(a)(2) of the Act provides that, if an questionnaire, the Department is unable Administrative Reviews, 61 FR 57391, interested party or any other person (A) to determine whether Hongyu, Linyi 57392 (November 6, 1996) (TRBs), that withholds information that has been Sanshan, and Dexing Foods are eligible it will ‘‘consider information reasonably requested by the administering for a separate rate. Thus, Hongyu, Linyi at its disposal as to whether there are authority, or (B) fails to provide such Sanshan, and Dexing Foods have not circumstances that would render a information by the deadlines for the rebutted the presumption of government margin irrelevant. Where circumstances submission of the information or in the control and are presumed to be part of indicate that the selected margin is not form and manner requested, subject to the PRC entity. appropriate as adverse facts available, The PRC entity (including Hongyu, subsections (c)(1) and (e) of section 782, the Department will disregard the Linyi Sanshan, and Dexing Foods) failed the Department shall, subject to section margin and determine an appropriate to cooperate to the best of its ability in 782(d), use the facts otherwise available margin.’’ See TRBs, 61 FR at 57392. See this administrative review, thus making in reaching the applicable also Fresh Cut Flowers from Mexico; the use of an adverse inference determination under this title. Preliminary Results of Antidumping appropriate. Therefore, in accordance Duty Administrative Review, 61 FR Furthermore, under section 782(c) of the with the Department’s practice, as 6812, 6814 (February 22, 1996) Act, a respondent has the responsibility adverse facts available, we have (disregarding the highest margin in the not only to notify the Department if it preliminarily assigned to the PRC entity case as best information available is unable to provide requested the rate of 376.67 percent. because the margin was based on information but also to provide a ‘‘full Section 776(c) of the Act requires that another company’s uncharacteristic explanation and suggested alternative the Department corroborate, to the business expense resulting in an forms.’’ Because Hongyu, Linyi extent practicable, a figure which it extremely high margin). The rate we are Sanshan, and Dexing Foods did not applies as facts available. To corroborate using for this review is the rate respond to the questionnaire, we find information, the Department examines currently applicable to Hongyu, Linyi that, in accordance with sections whether it is both reliable and relevant. Sanshan, Dexing Foods, and all 776(a)(2)(A) and (B) of the Act, the use Throughout the history of this exporters subject to the PRC–wide rate. of total facts available is appropriate. proceeding, the highest rate ever Further, there is no information on the See, e.g., Final Results of Antidumping determined is 376.67 percent; it is administrative record of the current Duty Administrative Review for Two currently the PRC–wide rate and was review that indicates the application of Manufacturers/ Exporters: Certain calculated based on information this rate would be inappropriate or that Preserved Mushrooms from the People’s contained in the petition. See Notice of the margin is not relevant. Therefore, for Republic of China, 65 FR 50183, 50184 Final Determination of Sales at Less all sales of subject merchandise (August 17, 2000). Than Fair Value: Fresh Garlic from the exported by Hongyu, Linyi Sanshan, Section 776(b) of the Act provides People’s Republic of China, 59 FR and Dexing Foods we have applied, as that, if the Department finds that an 49058, 49059 (September 26, 1994). The adverse facts available, the 376.67 interested party ‘‘has failed to cooperate information contained in the petition percent margin from a prior by not acting to the best of its ability to was corroborated, to the extent administrative review of this order and comply with a request for information,’’ practicable, for the preliminary results have satisfied the corroboration the Department may use information of the first administrative review. See requirements under section 776(c) of the that is adverse to the interests of the Fresh Garlic from the People’s Republic Act. See Persulfates from the People’s party as facts otherwise available. of China; Preliminary Results of Republic of China: Preliminary Results Adverse inferences are appropriate ‘‘to Antidumping Duty Administrative of Antidumping Duty Administrative ensure that the party does not obtain a Review and Partial Termination of Review, 66 FR 18439, 18441 (April 9, more favorable result by failing to Administrative Review, 61 FR 68229, 2001) (employing a petition rate used as cooperate than if it had cooperated 68230 (December 27, 1996). Further, it adverse facts available in a previous fully.’’ See Statement of Administrative was corroborated in subsequent reviews segment as adverse facts available in the Action (SAA) accompanying the to the extent that the Department current review). Uruguay Round Agreements Act referred to the history of corroboration (URAA), H. Doc. No. 103–316, at 870 and found that the Department received Export Price (1994). Section 776(b) of the Act no information that warranted revisiting For FHTK, Hongda, Trans–High, Dong authorizes the Department to use as the issue. See Fresh Garlic from the Yun, Linshu Dading, Sunny, and Ziyang adverse facts available information People’s Republic of China: Final we based the U.S. price on export price derived from the petition, the final Results of Antidumping Administrative (EP), in accordance with section 772(a) determination from the less–than-fair– Review and Rescission of New Shipper of the Act, because the first sale to an value (LTFV) investigation, a previous Review, 67 FR 11283 (March 13, 2002). unaffiliated purchaser was made prior

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to importation and constructed export purchaser occurred after importation of production valued in a surrogate price (CEP) was not otherwise the merchandise into the United States. market–economy country or countries warranted by the facts on the record. We We calculated the CEP for Jinan Yipin considered to be appropriate by the calculated EP based on the packed price and Harmoni because the sales were Department. In accordance with section from the exporter to the first unaffiliated made by their U.S. affiliates to 773(c)(4) of the Act, in valuing the customer in the United States. unaffiliated U.S. customers. We based factors of production, the Department For FHTK, we made no adjustments CEP on packed, delivered, or ex– shall use, to the extent practicable, the to the gross unit price. warehouse prices to the first unaffiliated prices or costs of factors of production For Hongda, we deducted foreign purchaser in the United States. in one or more market–economy inland freight, international freight, and For Jinan Yipin, we made adjustments countries that are at a level of economic marine insurance from the gross unit to the gross unit price for foreign inland development comparable to the NME price, in accordance with section 772(c) freight from processing facility to port of country and are significant producers of of the Act. exit, international ocean freight, U.S. comparable merchandise. The sources For Trans–High, we deducted foreign inland freight from port to customer, of the surrogate factor values are inland freight and foreign brokerage and other U.S. transportation expenses, U.S. discussed under the ‘‘Factor handling expenses from the gross unit brokerage and handling expenses, U.S. Valuations’’ section below. price, in accordance with section 772(c) warehousing expenses, and U.S. import The Department has determined that of the Act. duties. India, Indonesia, Sri Lanka, the For Dong Yun, we deducted foreign In accordance with section 772(d)(1) Philippines, Morocco, and Egypt are inland freight from production facility of the Act, we also deducted those countries comparable to the PRC in to port of exit, brokerage and handling selling expenses associated with terms of economic development. See expenses, international freight, and economic activities occurring in the Memorandum to Laurie Parkhill from marine insurance expenses. United States, including direct selling Ron Lorentzen regarding the request for For Linshu Dading, we deducted expenses, credit expenses, billing a list of surrogate countries (June 18, foreign inland freight, foreign brokerage adjustments, inventory carrying costs 2004). In addition to being among the and handling expenses, international and indirect selling expenses. We also countries comparable to the PRC in ocean freight, marine insurance, U.S. made an adjustment for profit in economic development, India is a brokerage and handling, U.S. import accordance with section 772(d)(3) of the significant producer of the subject duties, and U.S. inland freight expenses Act. merchandise. We have used India as the from the gross unit price, in accordance For Harmoni, we made deductions, surrogate country and, accordingly, with section 772(c) of the Act. where appropriate, from the gross unit have calculated normal value using For Sunny, we made deductions, price to account for movement Indian prices to value the PRC where appropriate, of foreign inland expenses, foreign inland freight from producers’ factors of production, when freight, foreign brokerage and handling, plant to distribution warehouse, foreign available and appropriate. We have international ocean freight, U.S. brokerage and handling, international obtained and relied upon publicly brokerage and handling, import duties, ocean freight, and U.S. brokerage and available information. See U.S. warehousing expenses, demurrage handling expenses. Memorandum to Laurie Parkhill Re: charges, and U.S. inland freight In accordance with section 772(d)(1) Selection of Surrogate Country expenses from the gross unit price, in of the Act, we also deducted those (November 29, 2004). accordance with section 772(c) of the selling expenses associated with In accordance with 19 CFR Act. economic activities occurring in the 351.301(c)(3)(ii), for the final results of For Ziyang, we deducted foreign United States, including credit an administrative review and a new inland freight and foreign brokerage and expenses, commissions, inventory shipper review, interested parties may submit publicly available information to handling expenses from the gross unit carrying costs, and indirect selling value the factors of production until 20 price, in accordance with section 772(c) expenses. We also made an adjustment days following the date of publication of of the Act. for profit in accordance with section As all foreign inland freight, foreign these preliminary results. 772(d)(3) of the Act. warehousing, foreign brokerage and Because some movement expenses 2. Methodology handling, and marine insurance were provided by NME companies, we expenses (where applicable) were The Department’s general policy, valued those charges based on surrogate provided by PRC service providers or consistent with section 773(c)(1)(B) of values in India. See FOP Memorandum. the Act, is to calculate normal value paid for in renminbi, we valued these For a more detailed explanation of the services using Indian surrogate values using each of the factors of production company–specific adjustments that we (FOPs) that a respondent consumes in (see ‘‘Factors of Production’’ section made in the calculation of the dumping below for further discussion). Where the production of a unit of the subject margins for these preliminary results, merchandise. There are circumstances, applicable, we used the reported see the company–specific preliminary expense for international freight because however, in which the Department will results analysis memoranda, dated modify its standard FOP methodology, the respondents used market–economy November 29, 2004, on file in the freight carriers and paid in a market– choosing to apply a surrogate value to Central Records Unit (CRU), Room B– an intermediate input instead of the economy currency. See ‘‘Memorandum 099. to the File’’ regarding the factors individual FOPs used to produce that valuation for the preliminary results of Normal Value intermediate input. In some cases, a respondent may report factors used to the administrative review (November 1. Surrogate Country 29, 2004) (FOP Memorandum). produce an intermediate input that When investigating imports from an accounts for an insignificant share of Constructed Export Price NME country, section 773(c)(1) of the total output. When the potential In accordance with section 772(b) of Act directs the Department to base increase in accuracy to the overall the Act, we used CEP methodology normal value, in most circumstances, on calculation that results from valuing when the first sale to an unaffiliated the NME producer’s factors of each of the factors of production is

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outweighed by the resources, time, and certain respondents do not appear to be Shipper Review and Final Results and effort such an analysis would place on realistic or credible. Partial Rescission of the Fourth all parties to the proceeding, the More specifically, the Department has Antidumping Duty Administrative Department has valued the intermediate determined that the FOPs pertaining to Review, 69 FR 54635 (September 9, input directly using a surrogate value. the usage of pesticides, herbicides, and/ 2004), and accompanying Issues and See, e.g., Final Determination of Sales at or seed by certain respondents were Decision Memorandum at Comment 3 Less Than Fair Value: Coumarin From extremely questionable and, in some (concerning the application of a the People’s Republic of China, 59 FR instances, not credible. Two internet– modified analysis only to certain 66895–01 (December 28, 1994). published articles regarding garlic respondents, as appropriate). Also, there are circumstances in production in the PRC, Garlic which valuing the FOPs used to yield an Production Technology Regulations, 3. Factors of Production intermediate product would lead to an produced by the Kuming Tong Safe Section 773(c)(1) of the Act provides inaccurate result because the Science and Technology Company, and that the Department shall determine the Department would not be able to Environmentally Safe Garlic Production normal value using a FOP methodology account for a significant element of cost Technology Regulations, produced by if (1) the merchandise is exported from adequately in the overall factors Hebei Standards, provided objective an NME country and (2) the information buildup. In this situation, the ranges for the common commercial does not permit the calculation of Department would also value the usage of these particular factors. See normal value using home–market intermediate input directly. For Research Memo at Attachments 1 and 2. prices, third–country prices, or example, in a recent case, the In addition, the Department observed constructed value under section 773(a) Department determined that, if it were major discrepancies among the FOPs of the Act. Factors of production to value the respondent’s factors used in reported by different respondents. The include the following elements: (1) extracting iron ore, an input to wire rod, Department also found large differences hours of labor required, (2) quantities of it would not account sufficiently for the in the water–usage factors reported by raw materials employed, (3) amounts of associated capital costs, given that the certain respondents located in the same energy and other utilities consumed, surrogate company it used for valuing area, but it could not find reliable third– and (4) representative capital costs. overhead did not have mining party data with which to compare the Except as discussed above, we used operation. See Notice of Final factors. It is the Department’s position FOPs reported by the respondents for Determination of Sales at Less Than that, if FOPs reported to the Department materials, energy, labor, and packing. Fair Value: Carbon and Certain Alloy appear highly improbable and lack We valued all the input factors using Steel Wire Rod from Ukraine, 67 FR credibility, it has an obligation to publicly available, published 55785 (August 30, 2002), and Final address the resultant inadequacy in its information, as discussed in the Determination of Sales at Less Than calculations. ‘‘Surrogate Country’’ and ‘‘Factor Fair Value: Certain Hot–Rolled Carbon In light of the above, the Department Valuations’’ sections of this notice. finds that the FOP methodology is Steel Flat Products from the People’s 4. Factor Valuations Republic of China, 66 FR 49632 insufficient to provide an accurate result (September 28, 2001). for certain respondents, based on the In accordance with section 773(c) of In other cases, after careful unreliability of their reported FOP usage the Act, we calculated normal value consideration of the record, the rates. In order to calculate a more based on FOPs reported by the Department has determined that valuing accurate margin for these companies, respondents for the POR. To calculate the intermediate input for the the Department has chosen to apply the normal value, we multiplied the production of subject merchandise will intermediate–product FOP methodology reported per–unit factor quantities by lead to a more accurate result than to those respondents with questionable publicly available surrogate values in valuing the individual FOPs. See FOPs. The respondents affected are India with the exception of the surrogate Certain Frozen Fillets from the Socialist Trans–High, Ziyang, Dong Yun, FHTK, value for ocean freight, which we Republic of Vietnam: Notice of and Hongda. For a complete explanation obtained from an international freight Preliminary Determination of Sales at of the Department’s analysis, see company. In selecting the surrogate Less Than Fair Value 68 FR 498, 449 Memorandum from Edward Yang to values, we considered the quality, (January 31, 2003), and Certain Frozen Barbara E. Tillman Re: Modification of specificity, and contemporaneity of the Fillets from the Socialist Republic of Factors–of-Production Methodology data. As appropriate, we adjusted input Vietnam: Notice of Final Determination (November 29, 2004). prices by including freight costs to make of Sales at Less Than Fair Value, 68 FR The Department is re-opening the them delivered prices. We calculated 37116 (June 16, 2003). record of this segment to the interested these freight costs based on the shortest In this review, we determine that it is parties for 21 days after the publication reported distance from the domestic appropriate to apply a modified FOP of these preliminary results in order to supplier to the factory and Indian methodology with respect to certain obtain additional independent third– surrogate values. This adjustment is in respondents. We conducted a full party information regarding the accordance with the decision in Sigma analysis of the information put on the disparate usage rates which these five Corporation v. United States, 117 F. 3d record by the interested parties and respondents have provided. The 1401, 1407–08 (Fed. Cir. 1997). We conducted independent research into Department will fully consider any converted prices reported in Indian standard garlic–growing procedures in additional information before rupees (Rs) to US dollars (USDs) using the PRC. See Memorandum from Steve completing the final results of this the average exchange rate obtained from Williams to the File Re: Research on administrative review. the official Import Administration Web Chinese Production and Costs With respect to the remaining site (http://ia.ita.doc.gov/exchange/ (November 29, 2004) (Research Memo). respondents, we find that the standard india.txt). For a detailed description of Based on the information discussed in FOP analysis remains appropriate. See all the surrogate values we used, see the this memo, as well as all the Certain Preserved Mushrooms from the FOP Memorandum. information currently on the record, the People’s Republic of China: Final For those Indian rupee values not divergent usage rates provided by Results of Sixth Antidumping Duty New contemporaneous with the POR, we

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adjusted for inflation using wholesale containers,’’ an article from Dawn Wire Ltd. (‘‘MHPC’’), a non–integrated Indian price indices for India published in the Service (May 19, 1995). honey processor, was most International Monetary Fund’s The respondents claimed an representative of the financial International Financial Statistics. adjustment for revenue earned on the experiences of the respondents for Surrogate–value data or sources to sale of garlic sprouts. We find that which we applied the intermediate– obtain such data were obtained from the sprouts are a by–product of garlic and product FOP methodology because it is petitioners, the respondents, and the deducted an offset amount from normal the only company on record which we Department’s research. value. As a surrogate value for the sale know with certainty processes an Except as specified below, we valued of sprouts in the PRC, we used an intermediate product. Thus, to value raw material inputs using the weighted– average of Indian wholesale prices for factory overhead, selling, general, and average unit import values derived from green onions published by the Azadpur administrative expenses, and profit, we the World Trade Atlas, provided by the Agricultural Produce Marketing used rates based on data taken from the Global Trade Information Services, Inc. Committee in its February 17, 2003, 2003–2004 financial statements of The source of these values March 21, 2003, April 25, 2003, and MHPC. See the FOP Memorandum for a contemporaneous with the POR, was the May 30, 2003, Azadpur Agricultural more complete discussion of the Directorate General of Commercial Produce Marketing Committee Bulletins. Department’s analysis. We valued the truck rate based on an Intelligence and Statistics of the Indian Preliminary Results of the Review Ministry of Commerce and Industry. We average of truck rates that were valued garlic seed based on pricing data published in the Indian publication We preliminarily determine that the from the NHRDF News Letter, published Chemical Weekly during the POR. We following dumping margins exist for the by India’s National Horticultural valued foreign brokerage and handling period November 1, 2002, through Research and Development Foundation. charges based on a value calculated for October 31, 2003: We valued diesel fuel based on data the LTFV investigation of certain hot– from the International Energy Agency’s rolled carbon steel flat products from FRESH GARLIC FROM THE PEOPLE’S Energy Prices & Taxes: Quarterly India. For ocean freight, we used the REPUBLIC OF CHINA Statistics (Third Quarter, 2003). We value provided by Linshu Dading from Maersk Sealand valued electricity based on data from Manufacturer/Exporter Weighted–average (www.maersksealand.com) in its percentage margin the International Energy Agency’s November 1, 2002, through April 30, Energy Prices & Taxes: Quarterly 2003, new shipper review and this Jinan Yipin Corporation, Statistics (First Quarter, 2003). We administrative review for the movement Ltd.36.75. valued water using the water tariff rate Jinxiang Dong Yun of containers from the PRC to the east reported on the Municipal Corporation Freezing Storage Co., and west coasts of the United States. We of Greater Mumbai’s Web site. See http:/ Ltd...... 101.51 used these quotes to calculate a /www.mcgm.gov.in/Stat%20&%20Fig/ Fook Huat Tong Kee surrogate freight rate for each coast. For Revenue.htm. Pte., Ltd...... 90.27 marine insurance, we relied on rate Huaiyang Hongda De- The respondents reported packing quotes from RJG Consultants hydrated Vegetable inputs consisting of plastic nets/mesh (www.rjgconsultants.com) dating from Company ...... 33.52 bags, paper cartons, plastic packing the POR for the movement of Linshu Dading Private bands, tape, wood used for producing refrigerated containers from the PRC to Agricultural Products pallets, nails used for producing pallets, Co., Ltd...... 58.26 the east and west coasts of the United Sunny Import & Export plastic jars, plastic jar lids, nitrogen gas, States. antiseptic, metal clips, bubble wrap, Limited ...... 27.24 As discussed in the FOP Taian Ziyang Food Co., labels, glue, and cardboard. All of these Memorandum, the respondents and the Ltd...... 61.43 inputs were valued using import data petitioners submitted the publicly Jining Trans–High Trad- from the World Trade Atlas that covered available financial information of six ing Co., Ltd...... 26.18 the POR. companies. We concluded that the Zhengzhou Harmoni For labor, consistent with 19 CFR financial information of Parry Agro Spice Co., Ltd...... 41.28 351.408(c)(3), we used the most recent Industries Limited (‘‘Parry Agro’’), a tea PRC–wide rate* ...... 376.67 PRC regression–based wage rate that producer in India, was most * Includes Jinxiang Hongyu Freezing and appears on the website for Import representative of the financial Storing Co., Ltd., Linyi Sanshan Import and Administration (http://ia.ita.doc.gov/ experiences of the respondent Export Trading Co., Ltd., and Tancheng Coun- wages/corrected00wages/ companies for which we applied the ty Dexing Foods Co., Ltd. corrected00wages.htm). The source of FOP methodology because it produced Case briefs or other written comments the wage–rate data for the Import and processed a product that was not in at least six copies must be submitted Administration’s Web site is the highly processed or preserved prior to to the Assistant Secretary for Import International Labor Organization’s its sale. Thus, to value factory overhead, Administration no later than 30 days Yearbook of Labour Statistics 2002 and selling, general and administrative after new factual information is (Geneva, 2002), chapter 5B: Wages in expenses we used rates based on data submitted for the record. Pursuant to 19 Manufacturing. taken from the 2003/2004 financial CFR 351.309(d)(2), rebuttal briefs are For land, we used the value published statements of Parry Agro. Parry Agro’s due no later than five days after the in the Punjab State Development Report. 2002/2003 and 2003/2004 financial submission of case briefs. A list of We valued cold storage using the statements did not report a profit. Thus, authorities used, a table of contents, and surrogate electricity value if the cold– for purposes of these preliminary results an executive summary of issues should storage facility was located at the we are applying the profit ratio that was accompany any briefs submitted to the production facility. If the respondent’s reported on its 2001/2002 financial Department. Executive summaries cold storage was located off–site, we statements. We also concluded that the should be limited to five pages total, used a value based on a rate from ‘‘Local financial information of Mahabaleshwar including footnotes. In accordance with traders to import generator fitted Honey Producers Co–Operative Society 19 CFR 351.310, we will hold a public

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hearing to afford interested parties an importer’s/customer’s entries during the DEPARTMENT OF COMMERCE opportunity to comment on arguments review period. raised in case or rebuttal briefs, With respect to sales for which International Trade Administration provided that such a hearing is entered values were not reported, for [A–485–806] requested by an interested party. these preliminary results, we divided Interested parties who wish to request a the total dumping margins for each Certain Hot–Rolled Carbon Steel Flat hearing, or to participate if one is exporter’s importer/customer by the Products from Romania: Preliminary requested, must submit a written total number of units the exporter sold Results of Antidumping Duty request to the Assistant Secretary for to that importer/customer. For Administrative Review Import Administration, U.S. Department assessment amounts calculated on this of Commerce, Room 1870, within 30 basis, we will direct CBP to assess the AGENCY: Import Administration, days after the date of publication of the resulting per–unit dollar amount against International Trade Administration, preliminary results of this review in the each unit of merchandise in each of that Department of Commerce. Federal Register. Requests should importer’s/customer’s entries during the SUMMARY: In response to a request by contain the following information: (1) review period. United States Steel Corporation, a The party’s name, address, and domestic interested party, the telephone number; (2) the number of Cash–Deposit Requirements Department of Commerce (the participants; and (3) a list of the issues The following cash–deposit Department) is conducting an to be discussed. Oral presentations will requirements will be effective upon administrative review of the be limited to issues raised in the briefs. publication of the final results of the antidumping duty order on certain hot– If we receive a request for a hearing, we administrative review for shipments of rolled carbon steel flat products (hot– plan to hold the hearing three days after the subject merchandise entered, or rolled steel) from Romania. The period the deadline for submission of the withdrawn from warehouse, for of review (POR) is November 1, 2002, rebuttal briefs at the U.S. Department of consumption on or after the publication through October 31, 2003. Commerce, 14th Street and Constitution date, as provided for by section We preliminarily find that sales have Avenue, NW, Washington, DC 20230. 751(a)(2)(C) of the Act: (1) for subject been made below normal value (NV). If these preliminary results are adopted in Extension of Time for the Final Results merchandise exported by the our final results of administrative of Administrative Review respondents, the cash–deposit rate will be that established in the final results of review, we will instruct U.S. Customs The issues in these preliminary review; (2) for all other PRC exporters of and Border Protection (CBP) to assess results of review present a number of subject merchandise which have not antidumping duties on the subject complex factual and legal questions been found to be entitled to a separate merchandise that was exported by Ispat pertaining to the Department’s methods rate, the cash–deposit rate will be the Sidex S.A. (Ispat Sidex) and its of calculating the antidumping duties in PRC–wide rate of 376.67 percent; (3) for subsidiary, Sidex Trading S.R.L. (Sidex this case. Therefore, it is not practicable all non–PRC exporters of subject Trading), and entered during the POR. to complete the review within the time merchandise, the cash–deposit rate will EFFECTIVE DATE: December 7, 2004. limits mandated by section 751(a)(3)(A) be the rate applicable to the PRC FOR FURTHER INFORMATION CONTACT: of the Act. Consequently, we are exporter that supplied that exporter. extending the time limit for the Charles Riggle at (202) 482–0650 or These deposit requirements, when David Layton at (202) 482–0371, AD/ completion of the final results of this imposed, shall remain in effect until review, including our analysis of issues CVD Operations, Office 8, Import publication of the final results of the Administration, International Trade raised in any case or rebuttal briefs, next administrative review. until May 30, 2005. See section Administration, U.S. Department of 751(a)(3) of the Act and 19 CFR Notification to Interested Parties Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. 351.213(h)(1). This notice also serves as a SUPPLEMENTARY INFORMATION: Assessment Rates preliminary reminder to importers of their responsibility under 19 CFR Background Upon completion of this 351.402(f) to file a certificate regarding administrative review, the Department the reimbursement of antidumping On November 29, 2001, the shall determine, and CBP shall assess, duties prior to liquidation of the Department published an antidumping antidumping duties on all appropriate relevant entries during the POR. Failure duty order on hot–rolled steel from entries. In accordance with 19 CFR to comply with this requirement could Romania. See Notice of Amended Final 351.212(b)(1), we have calculated, result in the Secretary’s presumption Determination of Sales at Less Than whenever possible, an exporter/ that reimbursement of antidumping Fair Value and Antidumping Duty importer (or customer)-specific duties occurred and the subsequent Order: Certain Hot–Rolled Carbon Steel assessment rate or value for assessment of double antidumping Flat Products From Romania, 66 FR merchandise subject to this review. duties. 59566 (November 29, 2001) (Amended With respect to CEP sales for which We are issuing and publishing these Determination and Order). On entered values were reported, for these preliminary results of review in November 3, 2003, the Department preliminary results we divided the total accordance with sections 751(a)(3) and published a notice of opportunity to dumping margins for the reviewed sales 777(i) of the Act and 19 CFR request an administrative review of this by the total entered value of those 351.213(d)(4). order. See Antidumping or reviewed sales for each applicable Countervailing Duty Order, Finding, or importer. For duty–assessment rates Dated: November 29, 2004. Suspended Investigation; Opportunity calculated on this basis, we will direct James J. Jochum, to Request Administrative Review, 68 the CBP to assess the resulting Assistant Secretary for Import FR 62279 (November 3, 2003). On percentage margin against the entered Administration. November 28, 2003, in accordance with customs values for the subject [FR Doc. E4–3477 Filed 12–6–04; 8:45 am] 19 CFR 351.213(b)(1), the petitioner merchandise on each of the applicable BILLING CODE 3510–DS–S requested a review of Ispat Sidex, a

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