[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 779-780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China

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

EFFECTIVE DATE: January 5, 2005.

SUMMARY: In November 2004, the Department of Commerce received three 
requests to conduct new shipper reviews of the antidumping duty order 
on fresh garlic from the People's Republic of China. We have determined 
that these requests meet the statutory and regulatory requirements for 
the initiation of a new shipper review.

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

SUPPLEMENTARY INFORMATION: 

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the People's Republic of China (PRC) was published on November 16, 
1994. On November 22, 2004, we received a request for a new shipper 
review from Zhangqui Quingyuan Vegetable Co., Ltd. (Quingyuan). On 
November 30, 2004, we received requests for new shipper reviews from 
Shanghai LJ International Trading Co., Ltd. (Shanghai LJ) and Huaiyang 
Huamei Foodstuff Co., Ltd. (Huamei).
    Qingyuan and Huamei certified that they both grew and exported the 
subject merchandise on which they based their requests for a new 
shipper review. Shanghai LJ certified that it exported the subject 
merchandise on which it based its request for a new shipper review, but 
that it did not grow the subject

[[Page 780]]

merchandise. Specifically, Shanghai LJ certified that Henan Xiancheng 
Sunny Foodstuff Factory (Sunny Foodstuff) grew the subject merchandise 
it exported.

Initiation of New Shipper Reviews

    Pursuant to 19 CFR 351.214(b)(2)(i), Huamei, Shanghai LJ, and 
Qingyuan certified that they did not export subject merchandise to the 
United States during the period of investigation (POI). In addition, 
pursuant to 19 CFR 351.214(b)(2)(ii)(B), Sunny Foodstuff, the grower of 
the garlic exported by Shanghai LJ, provided a certification that it 
did not export the subject merchandise to the United States during the 
POI.
    Pursuant to 19 CFR 351.214(b)(2)(iii)(A), each of the three 
exporters, Huamei, Shanghai LJ, and Qingyuan, certified that, since the 
initiation of the investigation, they have never been affiliated with 
any exporter or producer who exported the subject merchandise to the 
United States during the POI, including those not individually examined 
during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), 
each of the above-mentioned companies also certified that their export 
activities were not controlled by the central government.
    In addition to the certifications described above, the companies 
submitted documentation establishing the following: (1) The date on 
which they first shipped the subject merchandise for export to the 
United States and the date on which the subject merchandise was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of their first shipment and the volume of subsequent shipments; and (3) 
the date of their first sale to an unaffiliated customer in the United 
States.
    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(d)(1), we are initiating three 
new shipper reviews for shipments of fresh garlic from the PRC:
    (1) Grown and exported by Qingyuan,
    (2) Grown and exported by Huamei, and
    (3) Grown by Sunny Foodstuffs and exported by Shanghai LJ.
    The period of review (POR) is November 1, 2003, through October 31, 
2004. See 19 CFR 351.214(g)(1)(i)(A). We intend to issue preliminary 
results of these reviews no later than 180 days from the date of 
initiation, and final results of these reviews no later than 270 days 
from the date of initiation. See section 751(a)(2)(B)(iv) of the Act.
    Because Qingyuan and Huamei have certified that they both grew and 
exported the subject merchandise on which they based their request for 
a new shipper review, we will instruct U.S. Customs and Border 
Protection (CBP) to allow, at the option of the importer, the posting 
of a bond or security in lieu of a cash deposit for each entry of the 
subject merchandise both grown and exported by these companies until 
the completion of the new shipper reviews. With respect to Shanghai LJ, 
it has certified that it exported, but did not grow the subject 
merchandise on which it based its request for a new shipper review. 
Therefore, until completion of the new shipper reviews, we will 
instruct CBP to allow, at the option of the importer, the posting of a 
bond or security in lieu of a cash deposit for entries of subject 
merchandise grown by Sunny Foodstuffs and exported by Shanghai LJ.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 29, 2004.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 05-195 Filed 1-4-05; 8:45 am]
BILLING CODE 3510-DS-P