[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39733-39734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13502]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China; Initiation of 
New Shipper Reviews

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

EFFECTIVE DATE: July 11, 2005.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that three requests for new shipper reviews of the antidumping duty 
order on fresh garlic from the People's Republic of China (``PRC''), 
received in May 2005, meet the statutory and regulatory requirements 
for initiation. The period of review (``POR'') of these new shipper 
reviews is November 1, 2004, through April 30, 2005.

FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Brian Ledgerwood at 
(202) 482-1277 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 PRC was published on November 16, 1994. On May 17, May 26, and 
May 31, 2005, we received requests for new shipper reviews from 
Shandong Chengshun Farm Produce Trading Company, Ltd. (``Shandong 
Chengshun''); Xi'an XiongLi Foodstuff Co., Ltd. (``Xian XiongLi''); and 
Shenzhen Fanhui Import and Export Co., Ltd. (``Fanhui''), respectively.
    Fanhui certified that it grew and exported the garlic on which it 
based its request for a new shipper review. Shandong Chengshun and Xian 
XiongLi certified that they exported, but did not grow, the fresh 
garlic on which they based their requests for a new shipper review. 
Specifically, Shandong Chengshun certified that Jinxiang Chengsen 
Agricultural Trade Company, Ltd. (``CATC'') grew the fresh garlic it 
exported and Xian XiongLi certified that Jinxiang Tianshan Foodstuff 
Co., Ltd. (``JTFC'') grew the fresh garlic it exported.

Initiation of New Shipper Reviews.

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Shandong Chengshun, Fanhui, and Xian XiongLi 
certified that they did not export fresh garlic to the United States 
during the period of investigation (``POI''). In addition, pursuant to 
19 CFR 351.214(b)(2)(ii)(B), CATC and JTFC, the growers of the garlic 
exported by Shandong Chengshun and Xian XiongLi, respectively, provided 
certification that they did not export fresh garlic to the United 
States during the POI. Pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), each of the three exporters, 
Shandong Chengshun, Fanhui, and Xian XiongLi, certified that, since the 
initiation of the investigation, they have never been affiliated with 
any exporter or grower who exported fresh garlic 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 of the PRC.
    In addition to the certifications described above, the exporters 
submitted documentation establishing the following: (1) the date on 
which they first shipped fresh garlic for export to the United States 
and the date on which the fresh garlic 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 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 by CATC and exported by Shandong Chengshun;
    2) grown and exported by Fanhui; and
    3) grown by JTFC and exported by Xian XiongLi.
    The POR is November 1, 2004, through April 30, 2005. See 19 CFR 
351.214(g)(1)(i)(B). 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 Fanhui has certified that it grew and exported the fresh 
garlic on which it based its 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 fresh garlic both grown and exported by 
Fanhui until the completion of the new shipper reviews, pursuant to 
section 751(a)(2)(B)(iii) of the Act. With respect

[[Page 39734]]

to Shandong Chengshun and Xian XiongLi, they have certified that they 
exported, but did not grow, the fresh garlic on which they based their 
requests for new shipper reviews. 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 fresh garlic grown by CATC and exported by 
Shandong Chengshun or fresh garlic grown by JTFC and exported by Xian 
XiongLi.
    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: June 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-13502 Filed 7-8-05; 8:45 am]
BILLING CODE 3510-DS-S