[Federal Register Volume 68, Number 205 (Thursday, October 23, 2003)]
[Notices]
[Pages 60640-60641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26798]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Notice of 
Extension of Time Limit for the Preliminary Results of Antidumping Duty 
Administrative and New Shipper Reviews

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

ACTION: Notice of extension of time limit for the preliminary results 
of antidumping duty administrative and new shipper reviews.

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SUMMARY: The Department of Commerce is extending the time limit for the 
preliminary results of the administrative and new shipper reviews of 
the antidumping duty order on fresh garlic from the People's Republic 
of China until December 1, 2003. This extension applies to the 
administrative review of four exporters, Jinan Yipin Corporation, Ltd., 
Shandong Heze International Trade and Developing Company, Top Pearl 
Ltd., and Wo Hing (H.K.) Trading Co., and the new shipper reviews of 
two exporters, Jining Trans-High Trading Company and Zhengzhou Harmoni 
Spice Co., Ltd. The period of review is November 1, 2001, through 
October 31, 2002.

EFFECTIVE DATE: October 23, 2003.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Minoo Hatten, AD/CVD 
Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230;

[[Page 60641]]

telephone: (202) 482-5047 and (202) 482-1690, respectively.

Background

    On December 26, 2002, the Department of Commerce (the Department) 
published the Notice of Initiation of Antidumping and Countervailing 
Duty Administrative Reviews (67 FR 78772), in which it initiated an 
administrative review of the antidumping duty order on fresh garlic 
from the People's Republic of China. On January 6, 2003, the Department 
published the Notice of Initiation of New Shipper Antidumping Duty 
Reviews: Fresh Garlic from the People's Republic of China (68 FR 542), 
in which it initiated new shipper reviews for three companies. On March 
10, 2003, we aligned the new shipper reviews with the administrative 
review pursuant to 19 CFR 351.214(j)(3). As such, the time limits for 
the new shipper reviews were aligned with those for the administrative 
review. See memorandum to the File from Jennifer Moats entitled 
``Request for Alignment of Annual and New Shipper Reviews,'' dated 
March 10, 2003. On July 31, 2003, we issued a notice partially 
rescinding the administrative review covering sales made during the 
period by Clipper Manufacturing Ltd., Fook Huat Tong Kee Pte., Ltd., 
Huaiyang Hongda Dehydrated Vegetable Company, Golden Light Trading 
Company, Ltd., Good Fate International, Philo-Sino International 
Trading Inc., and Mai Xuan Fruitex Co., Ltd. On August 7, 2003, we 
extended the deadline for issuance of the preliminary results by 90 
days, until October 31, 2003 (68 FR 47020). On September 26, 2003, we 
issued the preliminary results for the new shipper review of Xiangcheng 
Yisheng Foodstuffs Co., Ltd., one of the three companies listed in our 
January 6, 2003, notice of initiation of new shipper antidumping duty 
reviews.

Extension of Time Limit for Preliminary Results of Administrative and 
New Shipper Reviews

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), provides that the Department will issue the preliminary results 
of an administrative review of an antidumping duty order within 245 
days after the last day of the anniversary month of the date of 
publication of the order. The Act provides further that the Department 
may extend that 245-day period to 365 days if it determines it is not 
practicable to complete the review within the foregoing time period. 
Section 751(a)(2)(B)(iv) of the Act also provides that we may extend 
the deadlines in a new shipper review period if we determine that the 
case is extraordinarily complicated.
    The Department has determined that the aligned administrative 
review and new shipper reviews of Jinan Yipin Corporation Ltd., 
Shandong Heze International Trade and Developing Company, Jining Trans-
High Trading Company, and Zhengzhou Harmoni Spice Co., Ltd., are 
extraordinarily complicated and that it is not practicable to complete 
the preliminary results by the partially extended deadline of October 
31, 2003. There are a number of complex factual and legal questions 
related to the calculation of the antidumping margins in the 
administrative review and new shipper reviews, in particular the 
analysis of the bona fides of certain sales at issue and the valuation 
of the factors of production. We require additional time to address 
these matters through the gathering and verification of certain 
information.
    Therefore, in accordance with sections 751(a)(2)(B)(iv) and 
751(a)(3)(A) of the Act, the Department is extending the time limit for 
the preliminary results by an additional 30 days, until no later than 
December 1, 2003.\1\
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    \1\ A 30-day extension of the current deadline for the 
preliminary results of review would fall on November 30, 2003, which 
is a Sunday. Therefore, the new deadline for the preliminary results 
is the following business day.

    Dated: October 17, 2003.
Jeffrey May,
Deputy Assistant Secretary for AD/CVD Enforcement I.
[FR Doc. 03-26798 Filed 10-22-03; 8:45 am]
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