[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Notices]
[Pages 56405-56406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2286]


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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: Rescission of Antidumping Duty New Shipper Review.

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SUMMARY: On June 30, 2004, the Department of Commerce (the Department) 
initiated a new shipper review of the antidumping duty order on fresh 
garlic from the People's Republic of China covering the period November 
1, 2003, through April 30, 2004. See Fresh Garlic from the People's 
Republic of China: Notice of Initiation of New Shipper Antidumping Duty 
Review, 69 FR 40868 (July 7, 2003) (Initiation Notice). This new 
shipper review covered one exporter, Shandong Jining Jinshan Textile 
Co., Ltd. (Jining Jinshan). For the reasons discussed below, we are 
rescinding the review of Jining Jinshan.

DATES: Effective September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Sochieta Moth or Charles Riggle at 
(202) 482-0168 and (202) 482-0650, respectively, NME Office, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 2004, the Department received a timely request for a new 
shipper review of the antidumping duty order on fresh garlic from the 
People's Republic of China (PRC) from Jining Jinshan, a producer of 
subject merchandise sold to the United States. On June 30, 2004, the 
Department initiated this new shipper review covering the period 
November 1, 2003, through April 30, 2004. Based on evidence contained 
in Jining Jinshan's request for a new shipper review, the Department 
also launched a middleman-dumping inquiry on Jining Jinshan's exporter, 
H & T Trading Company. See Initiation Notice. On August 18, 2004, 
Jining Jinshan withdrew its request for review.

Scope of the Antidumping Duty Order

    The products subject to 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 (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 0703.20.0000, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 
2005.90.9500 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
proceeding is dispositive.
    In order to be excluded from antidumping duties, 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 the U.S. Customs and Border Protection 
(CBP) to that effect.

Rescission of New Shipper Review

    Pursuant to 19 CFR 351.214(f)(1), the Department may rescind a new 
shipper review if a party that requested a review withdraws its request 
not later than 60 days after the date of publication of notice of 
initiation of the requested review. Jining Jinshan withdrew its request 
for a new shipper review on August 18, 2004, before the expiration of 
the 60-day deadline. We find no

[[Page 56406]]

compelling reason not to permit withdrawal of the request for this new 
shipper review. Specifically, we had not started reviewing information 
for purposes of calculating an antidumping duty margin for Jining 
Jinshan. Furthermore, we did not receive any submissions opposing 
Jining Jinshan's withdrawal of its request for review. For these 
reasons, we have accepted Jining Jinshan's withdrawal and are 
rescinding the new shipper review of the antidumping duty order on 
fresh garlic from the PRC with respect to Jining Jinshan in accordance 
with 19 CFR 351.214(f)(1). We are also terminating our middleman-
dumping inquiry on exporter H & T Trading Company.

Cash Deposits

    The Department will notify CBP that bonding is no longer permitted 
to fulfill security requirements for shipments from Jining Jinshan 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 Jining Jinshan 
and entered, or withdrawn from warehouse, for consumption, the cash 
deposit rate will be the PRC-wide rate, which is 376.67 percent.

Notification to Parties Subject to Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO material or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act 
of 1930, as amended.

    Date: September 15, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E4-2286 Filed 9-20-04; 8:45 am]
BILLING CODE 3510-P