[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Notices]
[Pages 542-543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-190]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China

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

ACTION: Notice of initiation of new shipper antidumping duty reviews: 
fresh garlic from the People's Republic of China.

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EFFECTIVE DATE: January 6, 2003.
SUMMARY: The Department of Commerce has received requests to conduct 
four new shipper reviews of the antidumping duty order on fresh garlic 
from the People's Republic of China. In accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 
351.214(d), we are initiating three new shipper reviews and not 
initiating one new shipper review.

FOR FURTHER INFORMATION CONTACT: Jeffrey Frank or Mark Ross at (202) 
482-0090 and (202) 482-4794, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 26, 2002, we received a request for a new shipper 
review of the antidumping duty order on fresh garlic from the People's 
Republic of China from Shandong Heze International Trade and Developing 
Company (``Shandong Heze''). In its request for review, Shandong Heze 
submitted copies of the invoice and bill of lading associated with the 
first sales that it made to the United States. However, the dates of 
sale and entry listed in the submitted documentation indicate that 
Shandong Heze's first sale to the United States was made more than one 
year before its November 26, 2002, request for a new shipper review. 
Thus, Shandong Heze's request was untimely filed pursuant to the 
deadline established in 19 CFR 351.214(c) and we will not initiate a 
new shipper review based on that request.
    Instead, pursuant to its request in the alternative, we have 
initiated an administrative antidumping duty review of sales of subject 
merchandise made by Shandong Heze during the period of review, November 
1, 2001 through October 31, 2002. See Sec.  751 of the Tariff Act of 
1930, as amended (the Act). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 67 FR 78772 (December 26, 
2002).
    On November 21, 2002, we received a request for a new shipper 
review from Zhengzhou Harmoni Spice Co., Ltd. (``Zhengzhou''). On 
November 27, 2002, the Department received a request for a new shipper 
review from Xiangcheng Yisheng Foodstuffs Co., Ltd. (``Xiangcheng''). 
Also on November 27, 2002, we received a request for a new shipper 
review from Jining Trans-High Trading Co., Ltd. (``Jining Trans-
High''). Zhengzhou identified itself as a Chinese producer and exporter 
of fresh garlic from the People's Republic of China. Xiangcheng and 
Jining Trans-High are Chinese exporters of fresh garlic from the 
People's Republic of China. The garlic exported by Xiangcheng was 
produced by Henan Yuyu Fruits & Vegetables Products Co., Ltd. 
(``Henan''). The garlic exported by Jining Trans-High was produced by 
Jining Yun Feng Agricultural Products Co., Ltd. (``Jining Yun Feng'').

Initiation of Review

    Pursuant to 19 CFR 351.214(b)(2)(i), Zhengzhou provided 
certifications that it had not exported subject merchandise to the 
United States during the period of investigation. Pursuant to 19 CFR 
351.214(b)(2)(ii)(A), Xiangcheng and Jining Trans-High provided 
certifications that they had not exported subject merchandise to the 
United States during the period of investigation. Pursuant to 19 CFR 
351.214(b)(2)(ii)(B), Henan and Jining Yun Feng, producers of garlic 
for Xiangcheng and Jining Trans-High, respectively, provided 
certifications that they had not exported subject merchandise to the 
United States during the period of investigation.
    In accordance with 19 CFR 351.214(b)(2)(iii)(A), each of the three 
exporters, Zhengzhou, Xiangcheng, and Jining Trans-High, certified 
that, since the initiation of the original investigation, it has never 
been affiliated with any exporter or producer who exported the subject 
merchandise to the United States during the period of investigation, 
including those not individually examined during the investigation. 
Also, each of the two producers, Henan and Jining Yun Feng, certified 
that, since the initiation of the original investigation, it has never 
been affiliated with any exporter or producer who exported the subject 
merchandise to the United States during the period of investigation, 
including those not individually examined during the investigation.

[[Page 543]]

    As required by 19 CFR 351.214(b)(2)(iii)(B), each of the three 
exporters, Zhengzhou, Xiangcheng, and Jining Trans-High, certified that 
its export activities were not controlled by the central government. 
Also, each of the two producers, Henan and Jining Yun Feng, certified 
that its export activities were not controlled by the central 
government. Thus, the requests from Zhengzhou, Xiangcheng, and Jining 
Trans-High meet the content requirements set forth under 19 CFR 
351.214(b)(2)(i)-(iii).
    In addition, the companies submitted documentation establishing the 
following: (i) The date on which their subject merchandise was first 
entered, or withdrawn from warehouse, for consumption or the date on 
which the exporter or producer first shipped the subject merchandise 
for export to the United States; (ii) the volume of that and subsequent 
shipments; and (iii) the date of the first sale to an unaffiliated 
customer in the United States. Thus, the requests for review meet the 
content requirements set forth under 19 CFR 351.214(b)(2)(iv). 
Accordingly, pursuant to section 751(a)(2)(B)(ii) of the Act and 19 CFR 
351.214(d)(1), we are initiating new shipper reviews for shipments of 
fresh garlic from the People's Republic of China exported by Zhengzhou, 
Xiangcheng, and Jining Trans-High. The period of review covers the 
period November 1, 2001, through October 31, 2002. See 19 CFR 
351.214(g). We intend to issue final results of this review no later 
than 270 days after the day on which these new shipper reviews are 
initiated. See 19 CFR 351.214(i).
    We will instruct the Customs Service to allow, at the option of the 
importer, the posting of a bond or security in lieu of a cash deposit 
for each entry of the subject merchandise from the companies named 
above, until the completion of the review. As Zhengzhou has certified 
that it both produced and exported the subject merchandise exported to 
the United States during the relevant period of review, we will apply 
the bonding option under 19 CFR 351.107(b)(1)(i) only to subject 
merchandise for which it is both the producer and exporter. For both 
Jining Trans-High and Xiangcheng, we will apply the bonding option 
under 19 CFR 351.107(b)(1)(i) only to entries of subject merchandise 
from these two exporters for which the respective producers under 
review are the suppliers.
    The interested parties must submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B)(ii) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 31, 2002.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-190 Filed 1-3-03; 8:45 am]
BILLING CODE 3510-DS-P