[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41432-41433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16954]


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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 Expedited Sunset Review of Antidumping Duty Order

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

ACTION: Notice of final results of expedited sunset review: fresh 
garlic from the People's Republic of China.

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SUMMARY: On December 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review of 
the antidumping duty order on fresh garlic from the People's Republic 
of China (``PRC'') (64 FR 67247), pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). On the basis of a notice 
of intent to participate and adequate substantive response filed on 
behalf of domestic interested parties and inadequate responses from 
respondent interested parties, we determined to conduct an expedited 
sunset review. Based on our analysis of the comments received, we find 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled Final Results of the Review.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho or James Maeder, Office of 
Policy for Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1698 or (202) 482-3330, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to 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's regulations are to 19 CFR Part 351 (1999). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department Policy 
Bulletin 98:3--Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (Sunset Policy Bulletin).

Background

    On December 1, 1999, the Department published the notice of 
initiation of sunset review of the antidumping duty order on fresh 
garlic from the PRC (64 FR 67247). We invited parties to comment. On 
the basis of a notice of intent to participate and adequate substantive 
response filed on behalf of domestic interested parties and inadequate 
substantive responses from respondent interested parties, we determined 
to conduct an expedited sunset review. The Department is conducting 
this sunset review in accordance with sections 751 and 752 of the Act.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Therefore, on April 6, 2000, the 
Department determined that the sunset review of the antidumping duty 
order on fresh garlic from the PRC is extraordinarily complicated and 
extended the time limit for completion of the final results of this 
review until not later than June 28, 2000, in accordance with section 
751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 65 FR 18058 (April 6, 2000).
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Scope of Review

    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 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 0703.20.0000, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9500 of the Harmonized Tariff 
Schedule of the United States (``HTSUS'').
    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.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding is dispositive.

Analysis of Comments Received

    All issues raised in substantive responses by parties to this 
sunset review are addressed in the Issues and Decision Memorandum 
(``Decision Memo'') from Jeffrey A. May, Director, Office of Policy, 
Import Administration, to Troy H. Cribb, Acting Assistant Secretary for 
Import Administration, dated March 30, 2000, which is hereby adopted by 
this notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the order revoked. 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, the Central Records Unit, of the main Commerce building.

[[Page 41433]]

    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at ia.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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PRC-wide...................................................       376.67
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 777(i) of the Act.

    Dated: June 28, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16954 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P