[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Page 54117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Notice of Amended Final Results of Antidumping Duty New Shipper 
Review: Fresh Garlic From the People's Republic of China

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


EFFECTIVE DATE: September 7, 2004.

FOR FURTHER INFORMATION CONTACT: Susan Lehman or Minoo Hatten, AD/CVD 
Enforcement, Office 5, 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.

Amendment of Final Results

    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, 
as amended (the Act), on July 26, 2004, the Department of Commerce (the 
Department) issued its notice of final results of antidumping duty new 
shipper reviews of fresh garlic from the People's Republic of China 
(PRC).\1\ On August 2, 2004, we received a timely ministerial-error 
allegation from Sunny Import & Export, Ltd. (Sunny), pursuant to 19 CFR 
351.224(c)(2). On August 3, 2004, we received comments from the 
petitioners (the Fresh Garlic Producers Association and its individual 
members) concerning the final margin calculations for the Jinxiang Dong 
Yun Freezing Storage Co., Ltd. (Dong Yun). No other party alleged 
ministerial errors or submitted comments.
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    \1\ See Fresh Garlic from the People's Republic of China: Final 
Results of Antidumping Duty New Shipper Reviews, 69 FR 47498 (August 
3, 2004) (Final Results).
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    After analyzing the submissions, we have determined, in accordance 
with section 751(h) of the Act and 19 CFR 351.224(e), that we made a 
ministerial error in our calculation of the number of days Sunny's 
garlic was held in cold storage. Correcting this error resulted in a 
revised antidumping margin for Sunny. For a detailed discussion of this 
ministerial error, see the August 31, 2004, memorandum from Susan 
Lehman to the file entitled ``Ministerial Error Allegation in the Final 
Results of the Antidumping Duty New Shipper Review of Sunny Import & 
Export, Ltd.''
    We have determined that the issues the petitioners raised in their 
comments concerning Dong Yun are not ministerial errors as described 
under section 751(h) of the Act and 19 CFR 351.224(e), and, therefore, 
have not made any changes to the Final Results with respect to Dong 
Yun. See the August 31, 2004, memorandum from Lyn Johnson to the file 
entitled ``Comments on the Final Results of the Antidumping Duty New 
Shipper Review of Jinxiang Dong Yun Freezing Storage Co., Ltd.''
    Pursuant to section 751(h) of the Act and 19 CFR 351.224(e), we are 
amending the Final Results for Sunny. The revised antidumping margin is 
as follows:

------------------------------------------------------------------------
                                                  Original     Amended
                                                   final        final
              Producer & Exporter                  margin       margin
                                                 (percent)    (percent)
------------------------------------------------------------------------
Sunny Import and Export, Ltd..................       33.66        13.81
------------------------------------------------------------------------

Duty Assessment and Cash Deposit Requirements

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. With respect to Sunny, the Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of the amended final results of review. Further, the following cash-
deposit requirements will be effective upon publication of these 
amended final results of review for shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these amended final results, as provided 
by section 751(a)(2)(C) of the Act: (1) For subject merchandise grown 
and exported by Sunny Import and Export, Ltd., the cash-deposit rate 
will be the rate listed above; (2) for all other subject merchandise 
exported by Sunny Import and Export, Ltd., the cash-deposit rate will 
be the PRC-wide rate, which is 376.76 percent; (3) for all other PRC 
exporters of subject merchandise (including merchandise produced and/or 
supplied by Sunny Import and Export, Ltd.) which have not been found to 
be entitled to a separate rate, the cash-deposit rate will be the PRC-
wide rate of 376.76 percent; (4) for all non-PRC exporters of subject 
merchandise, the cash-deposit rate will be the rate applicable to the 
PRC exporter that supplied that exporter. These deposit requirements, 
when imposed, shall remain in effect until publication of the final 
results of the next administrative review.
    With respect to Dong Yun, the duty assessment and cash deposit 
requirements remain the same (see the Final Results at 69 FR 46500).
    The amended final results are issued and published pursuant to 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: August 31, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-20250 Filed 9-3-04; 8:45 am]
BILLING CODE 3510-DS-M