[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Notices]
[Pages 33295-33297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12974]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On July 21, 1999, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on fresh garlic from the People's Republic of China. The 
review covers three producers/exporters of subject merchandise. The 
period of review is November 1, 1997, through October 31, 1998.
    We invited interested parties to comment on our preliminary 
results. Our analysis of the comments we received resulted in no change 
to our preliminary results for these final results. The final dumping 
margin is listed in the section entitled ``Final Results of the 
Review.''

EFFECTIVE DATE: May 23, 2000.

[[Page 33296]]


FOR FURTHER INFORMATION CONTACT: Farah Naim or Richard Rimlinger, 
Office of Antidumping/Countervailing Duty Enforcement 3, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 
20230; telephone (202) 482-3174 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (1999).

Background

    On July 21, 1999, the Department published the preliminary results 
of the administrative review (64 FR 39115) of the antidumping duty 
order on fresh garlic from the People's Republic of China (the PRC) (59 
FR 59209, November 16, 1994). We invited parties to comment on our 
preliminary results and received comments from the petitioners which 
contained new information. On November 30, 1999, we published a notice 
of extension of time limit for the final results in order to allow all 
parties to address the new information submitted by the petitioners. We 
received further comments from the petitioners, but we did not receive 
any submissions from the respondents. On March 21, 2000, we published a 
second notice of extension of time limit for the final results in order 
to consider and address fully the issues raised by petitioners.
    We have conducted this administrative review in accordance with 
section 751 of the Act and 19 CFR 351.213.

Scope of Review

    The products subject to this antidumping duty administrative review 
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 the following: (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.
    The subject merchandise is used principally as a food product and 
for seasoning. The subject garlic is currently classifiable under 
subheadings 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9700 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 duty order, 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated May 16, 2000, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memo, is attached to this notice as an Appendix. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in B-099 and accessible on the Web at www.ita.doc.gov/
import__admin/records/frn/. The paper copy and electronic version of 
the Decision Memo are identical in content.

Use of Facts Available

    Our use of facts available in this review has not changed from the 
preliminary results. For a discussion of our application of facts 
available, see the preliminary results and our Decision Memo, which are 
on file in room B-099 and are also available on the Web at 
www.ita.doc.gov/import__admin/records/frn/.

Final Results of the Review

    We determine that a margin of 376.67 percent exists for all 
producers/exporters of the subject merchandise from the PRC for the 
period November 1, 1997, through October 31, 1998. The Department shall 
determine, and Customs shall assess, antidumping duties on all 
appropriate entries. The Department will issue appraisement 
instructions directly to Customs.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Tariff Act: (1) for all PRC 
exporters, all of which were found not to be entitled to separate 
rates, the cash-deposit rate will be 376.67 percent; and (2) for non-
PRC exporters of subject merchandise from the PRC, the cash-deposit 
rate will be the rate applicable to the PRC supplier of that exporter. 
These deposit requirements shall remain in effect until publication of 
the final results of the next administrative review.
    This notice serves as a final 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 notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning disposition of proprietary information disclosed under APO 
in accordance with 19 CFR 351.305 and 19 CFR 351.306. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this determination in accordance with 
sections 751(a) and 777(i)(1) of the Act.


[[Page 33297]]


    Dated: May 16, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix

Comments and Responses

    1. Future Request for Administrative Review
    2. Evasion of Antidumping Duties

[FR Doc. 00-12974 Filed 5-22-00; 8:45 am]
BILLING CODE 3510-DS-P