[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75210-75211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32065]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-831)


Fresh Garlic from the People's Republic of China: Final Results 
of Antidumping Duty New Shipper Review for Xiangcheng Yisheng 
Foodstuffs Co., Ltd.

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

ACTION: Notice of Final Results of Antidumping Duty New Shipper Review 
for Xiangcheng Yisheng Foodstuffs Co., Ltd.

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SUMMARY: On September 26, 2003, the Department of Commerce published 
the preliminary results of the new shipper review of the antidumping 
duty order on fresh garlic from the People's Republic of China. The 
period of review is November 1, 2001, through October 31, 2002. The new 
shipper review initially covered three producers/exporters of subject 
merchandise. The Department issued a separate notice of preliminary 
results of the new shipper review for Xiangcheng Yisheng Foodstuffs 
Co., Ltd. (``Yisheng''). Accordingly, this notice pertains solely to 
the final results of review for Yisheng. The notice of final results of 
the review applicable to the other two producers/exporters is due April 
8, 2004.
    We invited interested parties to comment on our preliminary 
results. Based on our analysis of the comments received, we have made 
no changes to our preliminary determination that, based on the use of 
adverse facts available, the respondent sold subject merchandise to the 
United States at prices below normal value. The final dumping margin 
for Yisheng is listed in the ``Final Results of Review'' section below.

EFFECTIVE DATE: December 30, 2003.

FOR FURTHER INFORMATION CONTACT: Jeffrey Frank or Minoo Hatten, Office 
of AD/CVD Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Room 4203, Washington, DC 20230; telephone 
(202) 482-0090 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by this antidumping duty order are all grades 
of garlic, whole or separated into constituent cloves, whether or not 
peeled, fresh, chilled, frozen, provisionally preserved, or packed in 
water or other neutral substance, but not prepared or preserved by the 
addition of other ingredients or heat processing. The differences 
between grades are based on color, size, sheathing, and level of decay.
    The scope of this order does not include the following: (a) garlic 
that has been mechanically harvested and that is primarily, but not 
exclusively, destined for non-fresh use; or (b) garlic that has been 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed.
    The subject merchandise is used principally as a food product and 
for seasoning. The subject garlic is currently classifiable under 
subheadings 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9700 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this order is dispositive. In order 
to be excluded from the antidumping duty order, garlic entered under 
the HTSUS subheadings listed above that is (1) mechanically harvested 
and primarily, but not exclusively, destined for non-fresh use or (2) 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection (``Customs'') to 
that effect.

Background

    The Department of Commerce (``Department'') is conducting this 
review of Yisheng in accordance with section 751(a)(2)(B) of the Tariff 
Act of 1930, as amended (``the Act''). On September 26, 2003, the 
Department published the preliminary results of the new shipper review 
of the antidumping duty order on fresh garlic from the People's 
Republic of China with respect to Yisheng. See Fresh Garlic from the 
People's Republic of China: Preliminary Results of Antidumping Duty New 
Shipper Review for Xiangcheng Yisheng Foodstuffs Co., Ltd., 68 FR 55583 
(``Preliminary Results''). We invited parties to comment on that 
Preliminary Results. We received comments from Yisheng and rebuttal 
comments from the petitioners, the Fresh Garlic Producers 
Association\1\ and its individual members. On November 5, 2003, we held 
a hearing during which the parties presented their comments.
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    \1\ The members of the Fresh Garlic Producers Association are 
Christopher Ranch LLC, Farm Gate LLC, The Garlic Company, Spice 
World, Inc., and Vessey and Company, Inc.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to the 
new shipper review are addressed in the ``Issues and Decision 
Memorandum for Final Results of the New Shipper Review of the 
Antidumping Duty Order of Fresh Garlic from the People's Republic of 
China'' from Jeff May to James J. Jochum (December 22, 2003) 
(``Decision Memo''), which is hereby adopted by this notice. A list of 
the issues which parties raised and to which we respond in the Decision 
Memo is attached to this notice as an Appendix. The Decision Memo is a 
public document and is on file in the Central Records Unit, Main 
Commerce Building, Room B-099, and is accessible on the Web at 
www.ia.ita.doc.gov.

Separate Rates

    In the Preliminary Results, the Department established that Yisheng 
is

[[Page 75211]]

sufficiently independent in its export activities from government 
control to be entitled to a separate, company-specific rate. See 
Preliminary Results, 68 FR at 55584. We have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for reconsideration of this determination.

Use of Adverse Facts Available

    In the Preliminary Results, the Department assigned Yisheng the 
rate of 376.67 percent based on the use of adverse facts available. See 
Preliminary Results, 68 FR at 55586. The Department has considered the 
issues raised by Yisheng and the petitioners and has addressed them in 
the Decision Memo. Based on its analysis of the parties' comments and 
for the reasons outlined in the Preliminary Results, the Department has 
not changed its determination with respect to the application of 
adverse facts available to subject merchandise exported by Yisheng. In 
summary, Yisheng withheld information requested by the Department, 
failed to provide requested information in a timely manner, 
significantly impeded the proceeding within the meaning of section 
776(a)(2) of the Act, and did not act to the best of its ability to 
comply with the Department's request for information. Thus, for the 
final results of review, the Department has determined that it is 
appropriate to base Yisheng's antidumping margin on adverse facts 
available.

Final Results of Review

    As a result of the application of adverse facts available, we find 
that a dumping margin of 376.67 percent exists for the period November 
1, 2001, through October 31, 2002, on Yisheng's shipments of fresh 
garlic from the PRC.
    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. We will issue 
appropriate assessment instructions directly to Customs within 15 days 
of publication of these final results of review.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise grown by Henan Yuyu Fruit & Vegetables Products Co., Ltd., 
and exported by Yisheng, the cash-deposit rate will be 376.67 percent; 
(2) for all other subject merchandise exported by Yisheng, the cash-
deposit rate will be the PRC countrywide rate, which is 376.67 percent; 
(3) for all other PRC exporters which have not been found to be 
entitled to a separate rate, the cash-deposit rate will be the PRC 
countrywide rate; (4) for all PRC exporters of subject merchandise 
which have been found to be entitled to a separate rate, the cash-
deposit rate will remain the rate applicable to that exporter; and (5) 
for all non-PRC exporters of subject merchandise, the cash-deposit rate 
will be the rate applicable to the PRC exporter which supplied that 
exporter. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.

Notification

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Yisheng of fresh garlic from the PRC entered, or 
withdrawn from warehouse, for consumption in the United States on or 
after the publication of this notice in the Federal Register.
    This notice serves as a final reminder to importers covered by this 
determination of their responsibility under 19 CFR 351.402(f) to file a 
certificate regarding the reimbursement of antidumping duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
351.214(i)(1) and 351.210(c).

    Dated: December 19, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

Decision Memo

1. Use of Adverse Facts Available
2. Supplier is Not an Interested Party
3. AFA Should Have Been Applied Only to the FOP Segment
[FR Doc. 03-32065 Filed 12-29-03; 8:45 am]
BILLING CODE 3510-DS-S