[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Pages 26548-26549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10885]


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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.
SUMMARY: The Department of Commerce is extending the time limit for the 
final results of the administrative and new shipper reviews of the 
antidumping duty order on fresh garlic from the People's Republic of 
China until June 7, 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: May 13, 2004.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Mark Ross, AD/CVD 
Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-1690 and (202) 482-4794, respectively.

SUPPLEMENTARY INFORMATION:

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. 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). On February 
3, 2004, the Department published a notice extending the time limit for 
the final results of review until May 17, 2004. See 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 (69 FR 5132).

Statutory Time Limits

    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.

Extension of Time Limits for Final Results

    It would be extraordinarily complicated to complete 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., within the currently prescribed time period. The Department 
is still researching and analyzing comments raised after the 
preliminary results pertaining to the valuation of the factors of 
production for these companies. Further, on April 23, 2004, we received 
new factual information concerning one of the respondents. While 
normally we would not consider accepting new factual information at 
such a late stage in the review, in this situation, given the nature of 
the allegations within the submission, we considered it appropriate to 
accept the information and we require additional time to conduct a 
thorough evaluation. See April 30, 2004, memorandum from Mark Ross, 
Program Manager, to Laurie Parkhill, Office Director. Because of these 
complications and 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, it is not 
practicable to complete the final results by the

[[Page 26549]]

current deadline of May 17, 2004. Furthermore, in light of this new 
information on the record, it would be extraordinarily complicated to 
complete these reviews by this date. Thus, we are extending the 120-day 
period for completion of the final results of the administrative review 
and new shipper reviews to 180 days.
    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 until no later than June 7, 2004.

    Dated: May 7, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration, Group I.
[FR Doc. 04-10885 Filed 5-12-02; 8:45 am]
BILLING CODE 3510-DS-S