[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Page 58892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2460]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Fresh Garlic From the People's Republic of China

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

ACTION: Notice of final results of antidumping duty changed 
circumstances review.

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SUMMARY: The Department of Commerce (the Department) has determined 
that Heze Ever-Best International Trade Co., Ltd. (Heze Ever-Best), is 
the successor-in-interest to Shandong Heze International Trade and 
Developing Company (Shandong Heze) and, as such, entries of its 
merchandise are entitled to Shandong Heze's cash-deposit rate.

EFFECTIVE DATE: October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Sochieta Moth or Brian Ledgerwood at 
(202) 482-0168 or (202) 482-3836, respectively; China/NME Enforcement 
Group, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 8, 2004, Shandong Heze requested that the Department 
initiate a changed-circumstances review pursuant to section 751(b)(1) 
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 to 
confirm that Heze Ever-Best is the successor-in-interest to Shandong 
Heze for purposes of determining antidumping duty liabilities. On July 
28, 2004, the Department requested additional information from Heze 
Ever-Best concerning the circumstances of the name change. On August 4, 
2004, Heze Ever-Best responded to our request for information. On 
August 25, 2004, the Department published a joint initiation and 
preliminary results of review pursuant to 19 CFR 351.221(c)(3)(ii) and 
preliminarily determined that Heze Ever-Best is the successor-in-
interest to Shandong Heze for purposes of determining antidumping duty 
liability in this proceeding. See Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Fresh Garlic from the 
People's Republic of China, 69 FR 52229 (August 25, 2004) (Initiation 
Notice and Preliminary Results). The Department did not receive any 
comments regarding its preliminary results of review.

Scope of the Review

    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, our 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 United States.

Final Results of Changed Circumstances Review

    Pursuant to 751(b)(1) of the Act and 19 CFR 351.216(e), we find we 
find that Heze Ever-Best is the successor-in-interest to Shandong Heze 
and, as such, entries of its merchandise are entitled to Shandong 
Heze's cash-deposit rate. For a complete discussion of the basis of 
this decision, see Initiation Notice and Preliminary Results. Because 
we received no comments, we have adopted the same position in these 
final results.
    Effective as of the date of these final results, we will instruct 
U.S. Customs and Border Protection to assign Heze Ever-Best the same 
43.3% antidumping duty cash-deposit rate applicable to Shandong Heze. 
The cash-deposit determination from this changed-circumstances review 
will apply to all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed-circumstances review. 
See Granular Polytetrafluoroethylene Resin from Italy: Final Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 
2003).
    This notice serves as a final reminder to parties to administrative 
protective orders (APOs) of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(5). Failure to timely notify the 
Department in writing of the return/destruction of APO material is a 
sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 
351.216(e) and 19 CFR 351.221(c)(3)(i).

    Dated: September 24, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-2460 Filed 9-30-04; 8:45 am]
BILLING CODE 3510-DS-P