[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14544-14545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


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

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

ACTION: Notice of continuation of antidumping duty order on fresh 
garlic from the People's Republic of China.

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SUMMARY: On July 5, 2000, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty order on fresh garlic from the People's Republic of 
China (``PRC'') would be likely to lead to continuation or recurrence 
of dumping. See Fresh Garlic From the People's Republic of China; Final 
Results of Expedited Sunset Review of Antidumping Duty Order (65 FR 
41432).
    On February 28, 2001, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty order on fresh garlic from the PRC 
would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. See Fresh Garlic from China, 66 FR 12810 (February 
28, 2001). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department 
is publishing this notice of continuation of the antidumping duty order 
on fresh garlic from the PRC.

Effective Date: March 13, 2001.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-5050 
or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 14545]]

Background

    On December 1, 1999, the Department initiated (64 FR 67247), and 
the Commission instituted (64 FR 67315), a sunset review of the 
antidumping duty order on fresh garlic from the PRC pursuant to section 
751(c) of the Act. As a result of its review, the Department found on 
July 5, 2000, that revocation of the antidumping duty order on fresh 
garlic from the PRC (65 FR 41432) would likely lead to continuation or 
recurrence of dumping and notified the Commission of the magnitude of 
the margin likely to prevail were the order revoked.
    On February 28, 2001, the Commission determined, pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
order on fresh garlic from the PRC would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See 66 FR 12810 
(February 28, 2001) and USITC Publication 3393 (February 2001) 
Investigation Nos. 731-TA-683 (Review).

Scope of the Order

    The product subject to this antidumping duty order is 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 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.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on fresh garlic from China. The effective 
date of continuation of this order will be the date of publication in 
the Federal Register of this Notice of Continuation. Pursuant to 
section 751(c)(2) and 751(c)(6) of the Act, the Department intends to 
initiate the next five-year review of this order not later than 
February 2006.
    Effective January 20, 2001, Bernard T. Carreau is fulfilling the 
duties of the Assistant Secretary for Import Administration.

    Dated: March 7, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-6227 Filed 3-12-01; 8:45 am]
BILLING CODE 3510-DS-P