[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57561-57562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19685]


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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 Review

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

EFFECTIVE DATE: October 3, 2005.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on fresh garlic from the People's Republic of China (``PRC''), received 
in May 2005, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') of this new shipper review 
is November 1, 2004, through April 30, 2005.

FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Wendy Frankel, 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) 482-5849, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the PRC was published on November 16, 1994. On May 31,2005, we 
received a request for a new shipper review from Qufu Dongbao Import & 
Export Trade Co., Ltd., (Dongbao). Dongbao certified that it grew and 
exported the garlic on which it based its request for a new shipper 
review.

Initiation of New Shipper Reviews.

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2), Dongbao certified that it did not export fresh garlic to 
the United States during the period of investigation (POI). Pursuant to 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Dongbao, certified that, since the initiation of 
the investigation, it has 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

[[Page 57562]]

required by 19 CFR 351.214(b)(2)(iii)(B), Dongbao also certified that 
its export activities were not controlled by the central government of 
the PRC.
    In addition to the certifications described above, the exporter 
submitted documentation establishing the following: (1) the date on 
which it 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 its first shipment and 
the volume of subsequent shipments; and (3) the date of its 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 this new shipper review for shipments 
of fresh garlic from the PRC grown and exported by Dongbao.
    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 Dongbao 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 
Dongbao until the completion of the new shipper review, pursuant to 
section 751(a)(2)(B)(iii) of the Act. 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: September 23, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-19685 Filed 9-30-05; 8:45 am]
BILLING CODE 3510-DS-S