[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Notices]
[Pages 40242-40243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17064]


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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: July 7, 2003.
SUMMARY: In May 2003 the Department of Commerce received eight requests 
to conduct new shipper reviews of the antidumping duty order on fresh 
garlic from the People's Republic of China. One of these requests was 
withdrawn. We have determined that the seven remaining requests meet 
the statutory and regulatory requirements for the initiation of a new 
shipper review.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Mark Ross at (202) 
482-1690 and (202) 482-4794, respectively, AD/CVD Enforcement III, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the People's Republic of China (PRC) was published on November 16, 
1994. In May 2003 we received eight requests to conduct new shipper 
reviews of the antidumping duty order.
    On May 29, 2003, we received a request for a new shipper review 
from Linyi Sanshan Import & Export Trading Co., Ltd. (Linyi Sanshan). 
In its request for review, Linyi Sanshan submitted documentation 
establishing the date of sale and entry for the transaction on which it 
based the request for a new shipper review. The dates of sale and entry 
on the submitted documentation did not fall within the period of review 
(POR), however, so on June 10, 2003, we issued a letter to Linyi 
Sanshan in which we stated that we did not intend to initiate a new 
shipper review it requested. On June 12, 2003, Lini Sanshan provided 
documentation establishing that the actual date on which the subject 
merchandise entered the United States for consumption is during the 
POR.
    On May 29, 2003, we also received requests for new shipper reviews 
from Sunny Imp & Exp Limited (Sunny), Linshu Dading Private 
Agricultural Products Co., Ltd. (Linshu), and Tancheng County Dexing 
Foods Co., Ltd. (Tancheng). Further, on May 30, 2003, we received 
requests for new shipper reviews from Jinxiang Dong Yun Freezing 
Storage Co., Ltd. (Dong Yun), Shanghai Ever Rich Trade Company (Ever 
Rich), Taian Ziyang Food Co., Ltd. (Ziyang), and H&T Trading Company 
(H&T). H&T withdrew its request for a new shipper review on June 10, 
2003.
    Linyi Sanshan, Sunny, Dong Yun, Tancheng, and Ziyang certified that 
they both grew and exported the subject merchandise on which they based 
their requests for a new shipper review. Ever Rich and Linshu Dading 
certified that they exported the subject merchandise on which they 
based their requests for a new shipper review, but that they did not 
grow the subject merchandise. Specifically, Ever Rich certified that 
Pizhou Guangda Import and Export Corp., Ltd. (Pizhou Guangda), grew the 
subject merchandise it exported, and Linshu Dading certified that 
Jinxiang County Jinda Agricultural Industrial Trading Co., Ltd. 
(Jinxiang Jinda), grew the subject merchandise it exported.
    Between June 12 and June 27, 2003, Linyi Shanshan, Sunny, Linshu 
Dading, Tancheng, Dong Yun, Ever Rich, and Ziyang resubmitted their 
requests for new shipper reviews to correct certain deficiencies (e.g., 
over-bracketing of public information) that we identified in their 
submissions.

Initiation of New Shipper Reviews

    Pursuant to 19 CFR 351.214(b)(2)(i), Linyi Shanshan, Sunny, Linshu 
Dading, Tancheng Dexing, Dong Yun, Ever Rich, and Ziyang certified that 
they did not export subject merchandise to the United States during the 
period of investigation (POI). In addition, pursuant to 19 CFR 
351.214(b)(2)(ii)(B), Pizhou Guangda and Jinxiang Jinda, the growers of 
the garlic exported by Ever Rich and Linshu Dading, respectively, 
provided certifications that they did not export the subject 
merchandise to the United States during the POI.
    Pursuant to 19 CFR 351.214(b)(2)(iii)(A), each of the seven 
exporters, Linyi Sanshan, Sunny, Linshu Dading, Tancheng, Dong Yun, 
Ever Rich, and Ziyang, certified that, since the initiation of the 
investigation, they have never been affiliated with any exporter or 
producer who exported the subject merchandise to the United States 
during the POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), each of the 
above-mentioned companies also certified that their export activities 
were not controlled by the central government.
    In addition to the certifications described above, the companies 
submitted documentation establishing the following: (1) the date on 
which they first shipped the subject merchandise for export to the 
United States and the date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of their first shipment and the volume of subsequent shipments; (3) the 
date of their first sale to an unaffiliated customer in the United 
States.
    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(d)(1), we are initiating new 
shipper reviews for shipments of fresh garlic from the PRC:

[[Page 40243]]

(1) Grown and exported by Sunny, Linyi Sanshan, Dong Yun, Tancheng, and 
Ziyang;
(2) Grown by Pizhou Guangda and exported by Ever Rich;
(3) Grown by Jinxiang Jinda and exported by Linshu Dading.
    The POR is November 1, 2002, through April 30, 2003. See 19 CFR 
351.214(g)(1)(i)(A). We intend to issue final results of these reviews 
no later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    Because Linyi Sanshan, Sunny, Dong Yun, Tancheng, and Ziyang have 
certified that they both grew and exported the subject merchandise on 
which they based their request for a new shipper review, we will 
instruct the Bureau of Customs and Border Protection (Customs) 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 
both grown and exported by these companies until the completion of the 
new shipper reviews. With respect to Ever Rich and Linshu Dading, they 
have certified that they exported but did not grow the subject 
merchandise on which they based their request for a new shipper review 
(i.e., Pizhou Guangda certified that it grew the subject merchandise 
exported by Ever Rich and Jinxiang Jinda certified that it grew the 
subject merchandise exported by Linshu Dading). Therefore, until 
completion of the new shipper reviews, we will instruct Customs to 
allow, at the option of the importer, the posting of a bond or security 
in lieu of a cash deposit for entries of subject merchandise grown by 
Pizhou Guangda and exported by Ever Rich or grown by Jinxian Jinda and 
exported by Linshu Dading.
    Interested parties that need access to proprietary information in 
this new shipper review should 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) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: June 30, 2003.
Louis Apple,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-17064 Filed 7-3-03; 8:45 am]
BILLING CODE 3510-DS-S