[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Notices]
[Pages 5132-5133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2167]


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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 Final 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 final 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 
final

[[Page 5133]]

results of the administrative and new shipper reviews of the 
antidumping duty order on fresh garlic from the People's Republic of 
China until May 17, 2004. This extension applies to the administrative 
review of two exporters, Jinan Yipin Corporation, Ltd., and Shandong 
Heze International Trade and Developing Company, 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: February 3, 2004.

FOR FURTHER INFORMATION CONTACT: Susan Lehman 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; telephone: (202) 482-
0180 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: Fresh Garlic from the People's Republic of 
China (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 the 
new shipper reviews. 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 December 10, 
2003, the Department published the Notice of Preliminary Results of 
Antidumping Duty Administrative Review and New Shipper Reviews: Fresh 
Garlic from the People's Republic of China (69 FR 68868).
    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), provides that the Department will issue the final results of an 
administrative review of an antidumping duty order within 120 days 
after the date upon which the preliminary determination is published. 
The Act provides further that the Department may extend that 120-day 
period to 180 days if it determines that 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 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. Some of the companies have 
yet to be verified, and the Department has been unable, as of yet, to 
research and conduct a thorough analysis of the matter pertaining to 
the valuation of the factors of production for those companies. 
Therefore, because of these complications, it is not practicable to 
complete the final results by the current deadline of April 8, 2004. 
Furthermore, there are a number of other complex factual and legal 
questions which are currently before the agency that relate directly to 
the assignment of antidumping duty margins in this case. Thus, it is 
not practicable to complete the administrative review and new shipper 
reviews within the 120-day period and we require additional time to 
address these matters.
    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 final results by 39 days, until no later than May 17, 2004.

    Dated: January 27, 2004.
Jeffrey May,
Deputy Assistant Secretary for AD/CVD Enforcement I.
[FR Doc. 04-2167 Filed 2-2-04; 8:45 am]
BILLING CODE 3510-DS-S