[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28279]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-683; Final]

 

Fresh Garlic From the People's Republic of China

Determination

    On the basis of the record1 developed in the subject 
investigation, the Commission determines, pursuant to section 735(b) of 
the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (the Act), that the 
industry in the United States producing fresh garlic2 is 
materially injured by reason of imports from the People's Republic of 
China (China) of fresh garlic, as defined by the Department of Commerce 
(Commerce), that have been found by Commerce to be sold in the United 
States at less than fair value (LTFV).3, 14 The Commission also 
determines, pursuant to section 735(b)(4)(a), that critical 
circumstances do not exist such that it is necessary to impose the duty 
retroactively.
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    \1\The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
    \2\Defined as garlic that has been manually harvested and is 
intended for use as fresh produce.
    \3\For purposes of this investigation, Commerce has defined 
``fresh garlic'' as all grades of garlic, whole or separated into 
constituent cloves, whether or not peeled, fresh, chilled, frozen, 
provisionally preserved, or packed in water or other neutral 
substance, but not prepared or preserved by the addition of other 
ingredients or by heat processing, the foregoing used principally as 
a food product and for seasoning. Fresh garlic is provided for in 
subheadings 0703.20.00, 0710.80.70, 0710.80.97, 0711.90.60, and 
2005.90.95 of the Harmonized Tariff Schedule of the United States,
    \4\Commissioner Crawford finds one like product corresponding to 
the scope of this investigation as defined by Commerce, and finds 
that the industry in the United States producing garlic is 
materially injured by reason of LTFV imports from the People's 
Republic of China.
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    Chairman Watson, Vice Chairman Nuzum, and Commissioners Bragg, 
Rohr, and Newquist find that the industry in the United States 
producing dehy garlic5 is not materially injured or threatened 
with material injury, and the establishment of an industry in the 
United States is not materially retarded, by reason of LTFV imports 
from China.6 Chairman Watson, Vice Chairman Nuzum, and 
Commissioners Bragg, Rohr, and Newquist also find that the industry in 
the United States producing seed garlic7 is not materially injured 
or threatened with material injury, and the establishment of an 
industry in the United States is not materially retarded, by reason of 
LTFV imports from China.8
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    \5\Defined as garlic that has been mechanically harvested and 
that is primarily, but not exclusively, destined for non-fresh use.
    \6\Because Commissioner Crawford finds one like product 
corresponding to the scope of this investigation as defined by 
Commerce, she does not make a separate injury finding for this 
industry.
    \7\Defined as garlic that has been specially prepared and 
cultivated prior to planting and then harvested and otherwise 
prepared for use as seed.
    \8\Because Commissioner Crawford finds one like product 
corresponding to the scope of this investigation as defined by 
Commerce, she does not make a separate injury finding for this 
industry.
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Background

    The Commission instituted this investigation effective July 11, 
1994, following a preliminary determination by the Department of 
Commerce that imports of fresh garlic from China were being sold at 
LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 
Sec. 1673b(b)). Notice of the institution of the Commission's 
investigation and of a public hearing to be held in connection 
therewith was given by posting copies of the notice in the Office of 
the Secretary, U.S. International Trade Commission, Washington, DC, and 
by publishing the notice in the Federal Register of August 3, 1994 (59 
F.R. 39674). The hearing was held in Washington, DC, on September 27, 
1994, and all persons who requested the opportunity were permitted to 
appear in person or by counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on November 7, 1994. The views of the 
Commission are contained in USITC Publication 2825 (November 1994), 
entitled ``Fresh Garlic from the People's Republic of China: 
Investigation No. 731-TA-683 (Final).''

    Issued: November 7, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-28279 Filed 11-15-94; 8:45 am]
BILLING CODE 7020-02-P