[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: 94-28462]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]

 

Antidumping Duty Order: Fresh Garlic From the People's Republic 
of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 16, 1994.

FOR FURTHER INFORMATION CONTACT: Jennifer Stagner, Office of 
Antidumping Investigations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C., 20230; telephone (202) 
482-1673.

Scope of Order

    The products subject to this antidumping duty order are 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 heat processing. The differences 
between grades are based on color, size, sheathing and level of decay.
    The scope of this order does not include: (a) Garlic that has been 
mechanically harvested and that is primarily, but not exclusively, 
destined for non-fresh use; or (b) garlic that has been specially 
prepared and cultivated prior to planting and then harvested and 
otherwise prepared for use as seed.\1\
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    \1\Fresh Garlic from the People's Republic of China, Inv. No. 
731-TA-683 (Final), USITC Pub. 2825 (November 1994).
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    The subject merchandise is used principally as a food product and 
for seasoning. The subject garlic is currently classifiable under 
subheadings 0703.20.0000, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 
2005.90.9500 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, our written description of the scope of this 
proceeding is dispositive.
    In order to be excluded from the antidumping duties ordered in this 
notice, garlic entered under the HTSUS subheadings listed above, that 
is (1) mechanically harvested and primarily, but not exclusively, 
destined for non-fresh use; or (2) specially prepared and cultivated 
prior to planting and then harvested and otherwise prepared for use as 
seed, must be accompanied by declarations to the Customs Service to 
that effect. We invite interested parties to provide suggested language 
for the certifications within ten days after publication of this order.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (the Act), on September 19, 1994, the Department of Commerce 
(the Department) made its final determination that fresh garlic from 
the People's Republic of China (PRC) is being sold at less than fair 
value (59 FR 49058, September 26, 1994).
    On November 7, 1994, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
of its final determination in this investigation. In its determination, 
the ITC found three like products: (1) Fresh garlic, defined as garlic 
that has been manually harvested and is intended for use as fresh 
produce; (2) dehy garlic, defined as garlic that has been mechanically 
harvested and that is primarily, but not exclusively, destined for non-
fresh use; and (3) seed garlic, defined as garlic that has been 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed. The ITC determined that the 
industry in the United States producing fresh garlic, as defined by the 
ITC, is materially injured by reason of less than fair value (LTFV) 
imports from the PRC, but that critical circumstances do not exist with 
regard to such imports. The ITC further determined that the industries 
in the United States producing dehy and seed garlic are not materially 
injured nor threatened with material injury by reason of LTFV imports 
from the PRC.
    Regarding fresh garlic, since the ITC determined that imports of 
such merchandise are materially injuring a U.S. industry, but that 
critical circumstances do not exist with regard to such imports, 
retroactive imposition of antidumping duties is not necessary. All 
unliquidated entries of fresh garlic from the PRC entered, or withdrawn 
from warehouse, for consumption on or after July 11, 1994, the date on 
which the Department published its preliminary determination (59 FR 
35310), will be liable for the assessment of antidumping duties. The 
Department will direct U.S. Customs officers to terminate the 
suspension of liquidation for entries of fresh garlic from the PRC 
entered, or withdrawn from warehouse, for consumption before July 11, 
1994, and to release any bond or other security, and refund any cash 
deposit, posted to secure the payment of estimated antidumping duties 
with respect to these entries.
    In accordance with section 736(a)(1) of the Act, we are directing 
the Customs Service to assess antidumping duties equal to the amount by 
which the foreign market value of the merchandise exceeds the United 
State price for entries of fresh garlic from the PRC. These antidumping 
duties will be assessed on all unliquidated entries of fresh garlic 
from the PRC, as defined in the ``Scope of Order'' section of this 
notice, that are entered, or withdrawn from warehouse, for consumption 
on or after July 11, 1994. The Customs Service must require, at the 
same time as importers would normally deposit estimated duties, the 
following cash deposit for the subject merchandise:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/Producer/Exporter                   margin  
                                                               percent  
------------------------------------------------------------------------
All Manufacturers/Producers/Exporters......................       376.67
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
fresh garlic from the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Central Records Unit, room B-099 of 
the Main Commerce Building, for copies of an updated list of 
antidumping orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act (19 U.S.C. 1673b(f)) and 19 CFR 353.21.

    Dated: November 10, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-28462 Filed 11-15-94; 8:45 am]
BILLING CODE 3510-DO-P