[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Notices]
[Pages 23171-23172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9642]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Rescission of 
Antidumping Duty New Shipper Review

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

ACTION: Notice of rescission of the antidumping duty new shipper review 
of fresh garlic from the People's Republic of China.

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SUMMARY: In response to a request from Tancheng County Dexing Foods 
Co., Ltd., the Department of Commerce initiated a 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, 2002, through April 30, 
2003. For the reasons discussed below, we are rescinding this new 
shipper review.

EFFECTIVE DATES: April 28, 2004.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Mark Ross, Office 
of 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-
1757 and (202) 482-4794, 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,

[[Page 23172]]

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 the U.S. Customs and Border 
Protection (CBP) to that effect.

Background

    On July 7, 2003, the Department of Commerce (the Department) 
published in the Federal Register the Notice of Initiation of New 
Shipper Antidumping Duty Reviews: Fresh Garlic From the People's 
Republic of China (68 FR 40242). On July 15, 2003, the Department 
issued an antidumping questionnaire to Tancheng County Dexing Foods 
Co., Ltd. (Tancheng Dexing). On December 16, 2003, the Department 
issued a supplemental questionnaire to Tancheng Dexing.
    On August 28, 2003, and January 20, 2004, the Department received 
responses to sections A, C, and D of the Department's original 
questionnaire and supplemental questionnaire, respectively, from 
Tancheng Dexing.
    On March 10, 2004, Tancheng Dexing withdrew its request for a 
review.

Rescission of New Shipper Review

    We are rescinding the new shipper review with respect to Tancheng 
Dexing. On March 10, 2004, Tancheng Dexing withdrew its request for a 
review. Although Tancheng Dexing withdrew its request after the 60-day 
deadline, we found it reasonable to extend the deadline because we had 
not committed significant resources yet to the new shipper review of 
Tancheng Dexing. See Fresh Garlic from the People's Republic of China: 
Partial Rescission of Antidumping Duty Administrative Review, 68 FR 
46580 (August 6, 2003). Specifically, we had not started calculating a 
margin for Tancheng Dexing and we had not yet verified Tancheng 
Dexing's data. Further, Tancheng Dexing was the only party to request 
the review. In a March 19, 2004, letter to Tancheng Dexing, we 
expressed our intent to extend the deadline for the withdrawal of the 
request of the review and rescind the new shipper review subsequently. 
We did not receive any submissions opposing the withdrawal of the 
request for the review or our intent to rescind. For these reasons, we 
have accepted Tancheng Dexing's withdrawal and are rescinding the new 
shipper review of the antidumping duty order on fresh garlic from the 
People's Republic of China (PRC) with respect to Tancheng Dexing in 
accordance with 19 CFR 351.214(f)(1).

Cash Deposits

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Tancheng Dexing 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 of rescission of antidumping duty 
new shipper review in the Federal Register. Further, effective upon 
publication of this notice for all shipments of the subject merchandise 
exported by Tancheng Dexing and entered, or withdrawn from warehouse, 
for consumption, the cash-deposit rate will be the PRC-countrywide 
rate, which is 376.67 percent.

Assessment of Antidumping Duties

    The Department shall instruct CBP to assess antidumping duties on 
all appropriate entries. Since we are rescinding this antidumping duty 
new shipper review, the PRC-wide rate of 367.67 percent in effect at 
the time of entry applies to all exports of fresh garlic from the PRC 
produced and exported by Tancheng Dexing during the period of review. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of this notice of rescission of 
antidumping duty new shipper review.

Notification to Interested Parties

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 352.402(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 Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.
    This notice is published in accordance with section 751(B) of the 
Tariff Act of 1930, as amended, and 19 CFR 351(f)(3).

    Dated: April 20, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-9642 Filed 4-27-04; 8:45 am]
BILLING CODE 3510-DS-M