[Federal Register Volume 68, Number 46 (Monday, March 10, 2003)]
[Notices]
[Pages 11368-11369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5637]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China; Notice of 
Amended Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On January 30, 2003, the Department of Commerce published the 
final results of an administrative review of the antidumping duty order 
on fresh garlic from the People's Republic of China. The period of 
review is November 1, 2000, through October 31, 2001. The petitioners 
requested the correction of two ministerial errors with respect to the 
final results of review for Taian Fook Huat Tong Kee Pte. Ltd. Based on 
the correction of these two ministerial errors, we have concluded that 
this company's sale was bona fide and that the two corrections do not 
result in a change to the calculation of the final weighted-average 
margin for this company.

EFFECTIVE DATE: March 10, 2003.

FOR FURTHER INFORMATION CONTACT: Edythe Artman, Office of AD/CVD 
Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3931.

SUPPLEMENTARY INFORMATION: 

Background

    On January 30, 2003, the Department of Commerce (the Department) 
published the final results of an administrative review of the 
antidumping duty order on fresh garlic from the People's Republic of 
China in the Federal Register. See Fresh Garlic from the People's 
Republic of China; Final Results of Antidumping Duty Administrative 
Review and Rescission of Administrative Review in Part (68 FR 4758).
    On January 29, 2003, the petitioners, the Fresh Garlic Producers 
Association and its individual members, filed an allegation of two 
ministerial errors in the final results of review with respect to the 
respondent company Taian Fook Huat Tong Kee Pte. Ltd. (FHTK). FHTK did 
not file comments on the allegations.

Allegation of Ministerial Errors

    In its January 29, 2003, submission, the petitioners alleged that 
the Department made two ministerial errors in its January 21, 2003, 
final results analysis memorandum (Final Results Analysis Memorandum) 
regarding the calculation of FHTK's margin. First, the petitioners 
asserted that the Department erred in the amount it listed as the 
quantity of subject merchandise sold by FHTK. Second, they asserted 
that the Department erred in its statement of FHTK's reported sales 
price by stating the price as a per-kilogram amount instead of as a 
per-pound amount. The petitioners claimed that, because of this error, 
the Department had improperly dismissed their argument concerning the 
bona fides of FHTK's sale. Specifically, the petitioners claimed that 
the Department's conclusion that FHTK's price was not unreasonably high 
when compared to the average export price for Chinese garlic exported 
to the United States at the time of the sale was not supported by the 
price comparison that the Department explained in its Final Results 
Analysis Memorandum since the Department stated the FHTK price 
incorrectly. The petitioners requested that the Department revise its 
analysis using the correct price, conclude that the transaction in 
question was not a bona fide commercial sale, and issue amended final 
results in this review.
    We have reviewed the record and agree that the quantity sold and 
the sales price were stated incorrectly in the Final Results Analysis 
Memorandum. By correcting the sales price, we find that the price was 
higher than the average export prices for Chinese garlic exported to 
the United States that we

[[Page 11369]]

examined in our final results of review. Thus, we have reconsidered our 
analysis of whether FHTK's sale was bona fide.
    In determining whether a transaction is bona fide for purposes of 
an antidumping review, the Department will typically consider the 
totality of circumstances surrounding a sale rather than a single 
circumstance, such as price. See Fresh Garlic from the People's 
Republic of China: Final Results of Antidumping Administrative Review 
and Rescission of New Shipper Review, 67 FR 11283 (March 13, 2002), and 
accompanying Issues and Decision Memorandum (Clipper Rescission); 
Notice of Final Results of Antidumping Duty New Shipper Review: Certain 
In-Shell Raw Pistachios from Iran, 68 FR 353 (January 3, 2003), and 
accompanying Issues and Decision Memorandum; and Freshwater Crawfish 
Tail Meat from the People's Republic of China; Notice of Final Results 
of Antidumping Duty New Shipper Review, and Final Rescission of 
Antidumping Duty New Shipper Review, 68 FR 1439 (January 10, 2003), and 
accompanying Issues and Decision Memorandum. We have reviewed the 
totality of circumstances surrounding FHTK's sale and have found that 
the transaction was a bona fide sale. Specifically, we found that, in 
light of average monthly U.S. import values for the subject merchandise 
during the period of review (POR), FHTK's price was not unreasonably 
high nor did the price provided a basis for determining that the sale 
was not commercially reasonable. In addition, we analyzed U.S. Customs 
Service data and found that the quantity involved in FHTK's transaction 
was not dissimilar to the quantity of other entries of subject 
merchandise during the POR and that the quantity was therefore 
commercially reasonable. We found that no information of record caused 
us to question the bona fides of FHTK or its customer as legitimate, 
historically commercial enterprises. Finally, we reviewed the record 
and confirmed that the terms of sale between FHTK and its customer were 
typical of the commercial selling practices of other exporters of the 
subject merchandise. For a detailed discussion of our review of the 
circumstances of FHTK's sale, see the ``Memorandum to Faryar Shirzad 
from Susan Kuhbach'' regarding the analysis of ministerial error 
comments (February 21, 2003), on file in the Central Records Unit, Main 
Commerce Building, Room B-099.

Amended Final Results of Review

    Because correction of the two ministerial errors in the Final 
Results Analysis Memorandum does not result in a change of the 
calculation of the final margin for FHTK, the weighted-average margin 
remains 0.00 percent for this company.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(h) and 777(i)(1) of the Act.

    Dated: March 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-5637 Filed 3-7-03; 8:45 am]
BILLING CODE 3510-DS-P