[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54358-54359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5020]


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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, 2005, 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'') 
covering the period November 1, 2004, through April 30, 2005. See Fresh 
Garlic from the People's Republic of China: Notice of Initiation of New 
Shipper Antidumping Duty Review, 70 FR 39733 (July 11, 2005) 
(``Initiation Notice''). This new shipper review covered three 
exporters, Shandong Chenshun Farm Produce Trading Company, Ltd., 
Shenzhen Fanhui Import and Export Co., Ltd., and Xi'an XiongLi 
Foodstuff Co., Ltd. (``Xian XiongLi''). For the reasons discussed 
below, pursuant to 19 CFR 351.214(f)(1), we are rescinding the review 
of Xian XiongLi.

EFFECTIVE DATE: September 14, 2005.

FOR FURTHER INFORMATION CONTACT: Ryan Douglas or Brian Ledgerwood at 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1277 and (202) 482-3836, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2005, the Department received a timely request for a new 
shipper review of the antidumping duty order on fresh garlic from the 
PRC from Xian XiongLi, an exporter of subject merchandise sold to the 
United States. On June 30, 2005, the Department initiated this new 
shipper review covering the period November 1, 2004, through April 30, 
2005. On August 9, 2005, the Department received a timely request from 
Xian XiongLi to withdraw its request for this review. See Letter from 
Xian XiongLi Foodstuff Co., Ltd. to the Department, August 9, 2005.

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 will 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 the notice of 
initiation of the requested review. Xian XiongLi; withdrew its request 
for a new shipper review on August 09, 2005, before the expiration of 
the 60-day deadline. No other party requested a new shipper review of 
Xian XiongLi, therefore, we are rescinding the new shipper review of 
the antidumping duty order on fresh garlic from the PRC with respect to 
Xian XiongLi in accordance with 19 CFR 351.214(f)(1).

Cash Deposits

    The Department will issue appropriate cash deposit instructions to 
CBP for shipments from Xian XiongLi of fresh garlic from the PRC 
entered, or withdrawn from warehouse, for

[[Page 54359]]

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 Xian XiongLi 
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, and 19 CFR 351.214(f)(3).

    Dated: September 7, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-5020 Filed 9-13-05; 8:45 am]
BILLING CODE 3510-DS-P