[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]
BILLING CODE 3510-DS-P