[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Pages 36059-36060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14619]


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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 Linyi Sanshan Import & 
Export Trading Co., Ltd.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 3, 2004, the Department of Commerce published the 
preliminary results of the new shipper reviews of the antidumping duty 
order on fresh garlic from the People's Republic of China covering six 
producers/exporters of subject merchandise. The period of review is 
November 1, 2002, through April 30, 2003. This notice pertains solely 
to the final results of review for Linyi Sanshan Import & Export 
Trading Co., Ltd. The notice of final results of review applicable to 
the other five producers/exporters is due July 26, 2004.
    We gave interested parties an opportunity to comment on the 
preliminary results of the new shipper reviews but received no comments 
with respect to Linyi Sanshan. Therefore, these final results of review 
have not changed from that presented in the preliminary results of 
review, in which we applied total adverse facts available. The final 
dumping margin for Linyi Sanshan is listed in the ``Final Results of 
New Shipper Review'' section below.

EFFECTIVE DATE: June 28, 2004.

FOR FURTHER INFORMATION CONTACT: Brian Ellman 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) 482-4852 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products subject to the 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

[[Page 36060]]

provided for convenience and customs purposes, the written description 
of the scope of this proceeding 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 (CBP) to that 
effect.

Background

    The Department of Commerce (the Department) is conducting this 
review of Linyi Sanshan Import & Export Trading Co., Ltd. (Linyi 
Sanshan) in accordance with section 751(a)(2)(B) of the Tariff Act of 
1930, as amended (the Act). On May 3, 2004, 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 (PRC) 
with respect to Linyi Sanshan. See Fresh Garlic from the People's 
Republic of China: Preliminary Results of Antidumping Duty New Shipper 
Reviews, 69 FR 24123 (Preliminary Results). We invited parties to 
comment on the Preliminary Results but received no comments with 
respect to Linyi Sanshan. Therefore, we have determined that no changes 
to the preliminary results are warranted for these final results.

Separate Rates

    In the Preliminary Results we determined that Linyi Sanshan did not 
qualify for a separate rate and is deemed to be covered by the PRC-wide 
rate. See Preliminary Results, 69 FR 24125. We have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for reconsideration of this determination.

The PRC-Wide Rate and Use of Facts Otherwise Available

    The information Linyi Sanshan submitted for this new shipper review 
could not be verified because the company chose not to participate in 
the verification. Linyi Sanshan's decision not to participate in the 
verification prevented the Department from checking the accuracy of the 
information that it submitted; therefore, the Department considers 
Linyi Shanshan to have hindered the calculation of an accurate dumping 
margin and impeded the proceeding. Accordingly, as adverse facts 
available pursuant to sections 776(a)(2)(C) and (D) and 776(b) of the 
Act and reflecting the determination that Linyi Sanshan is not eligible 
for a separate rate, we have assigned the PRC-wide rate of 376.67 
percent to Linyi Sanshan. For detailed information on the Department's 
corroboration of this rate see the Preliminary Results at 24125.
    We have not received any information since the issuance of the 
Preliminary Results that provides a basis for reconsideration of this 
determination.

Final Results of New Shipper Review

    We find that a dumping margin of 376.67 percent exists for the 
period November 1, 2002, through April 30, 2003, for shipments of fresh 
garlic from the PRC grown and exported by Linyi Sanshan Import & Export 
Trading Co., Ltd., as part of the PRC entity.

Assessment Rates and Cash-Deposit Requirements

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. We will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review.
    The following cash-deposit requirements will be effective upon 
publication of these final results of 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 exported by Linyi Sanshan Import & Export Trading Co., 
Ltd., the cash-deposit rate will be the PRC-countrywide rate, which is 
376.67 percent; (2) for all other PRC exporters of subject merchandise 
which have not been found to be entitled to a separate rate, the cash-
deposit rate will be the PRC-countrywide rate which is 376.67 percent; 
and (3) 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 to Interested Parties

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Linyi Sanshan 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 the final results of this new shipper 
review in accordance with sections 751(a)(2)(B) and 777(i) of the Act 
and 19 CFR 351.214(i)(1).

    Dated: June 22, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-14619 Filed 6-25-04; 8:45 am]
BILLING CODE 3510-DS-S