[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30081-30082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2653]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China; Notice of 
Rescission of Antidumping Duty New Shipper Review

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

EFFECTIVE DATE: May 25, 2005.
SUMMARY: In response to a request from an interested party, 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 (PRC) with respect to Huaiyang Huamei Foodstuff Co., 
Ltd. (Huamei). However, Huamei has failed to respond to our new shipper 
questionnaire; consequently, we are rescinding the review of this 
company.

FOR FURTHER INFORMATION CONTACT: Coleen Schoch or Brian Ledgerwood at 
(202) 482-4551 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:

Scope of the Order

    The products covered by 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 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 provided for convenience and customs purposes, the written 
description of the scope of this order 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 antidumping duty order on fresh garlic from the PRC was 
published on November 16, 1994. See Antidumping Duty Order: Fresh 
Garlic From the People's Republic of China, 59 FR 59209. On November 
30, 2004, the Department received a request for a new shipper review 
from Huamei. We conducted an initial examination of its new shipper 
review request and initiated a new shipper review of the antidumping 
duty order on fresh garlic from the PRC for Huamei. See Notice of 
Initiation of New Shipper Reviews, 70 FR 779 (January 5, 2005). The 
period of review (POR) for the new shipper review is November 1, 2003, 
through October 31, 2004. As part of this new shipper review, the 
Department sent an antidumping duty questionnaire to Huamei on January 
4, 2005. Pursuant to section 351.301(c)(2)(ii) of the Department's 
regulations, the questionnaire included (a) a deadline for the 
response; (b) a description of the form and manner in which Huamei must 
submit the information; and (c) a statement that failure to submit the 
requested information in the requested form and manner by the date 
specified could result in the application of facts available.

[[Page 30082]]

    In a letter submitted to the Department on March 2, 2005, Huamei's 
counsel withdrew its representation of Huamei. Huamei's response to the 
Department's questionnaire was due on March 3, 2005. The Department 
received no response from Huamei and no other party has filed an entry 
of appearance on behalf of Huamei.
    On March 15, 2005, the Department issued a letter to Huamei's last 
known address, including a copy of the antidumping duty questionnaire 
and request that Huamei respond by April 4, 2005. The Department warned 
that, should Huamei fail to provide the information requested by the 
due date, the Department could resort to the use of facts available 
with an adverse inference for purposes of this new shipper review, 
pursuant to sections 776(a) and 776(b) of the Tariff Act of 1930, as 
amended (the Act). Also on March 15, 2005, the Department issued a 
similar letter to the Director of the Bureau of Fair Trade for Imports 
and Exports at the PRC Ministry of Commerce.
    To date, the Department has not received any response from Huamei. 
Furthermore, we have not received notice that Huamei would be unable to 
respond to our questionnaire within the specified time limits or that 
it would be unable to provide the information to the Department in the 
form required.

Rescission of New Shipper Review

    Because Huamei failed to respond to our questionnaire after 
requesting a new shipper review, we are rescinding the new shipper 
review of the antidumping duty order on fresh garlic from the PRC with 
respect to this company.

Cash Deposits

    Bonding is no longer permitted to fulfill the security requirements 
for shipments of subject merchandise produced or exported by Huamei and 
entered or withdrawn from warehouse for consumption in the United 
States on or after the date of publication of this notice. Further, 
effective upon publication of this notice for all shipments of subject 
merchandise produced or exported by Huamei, and entered or withdrawn 
from warehouse for consumption, the cash-deposit rate will be the PRC-
wide rate of 376.67 percent.

Assessment of Antidumping Duties

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. Since we are rescinding this antidumping duty 
new shipper review, the PRC-wide rate of 376.67 percent that was in 
effect at the time of entry, applies to all exports of subject 
merchandise produced or exported by Huamei during the period of review. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of this notice.
    This notice is published in accordance with section 751 of the Act 
and 19 CFR 351.213(d)(4).

    Dated: May 18, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2653 Filed 5-24-05; 8:45 am]
BILLING CODE 3510-DS-S