[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61787-61788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5951]


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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 26, 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. See Antidumping Duty 
Order: Fresh Garlic From the People's Republic of China, 59 FR 59209 
(November 16, 1994). On May 17, 2005, we received a timely request for 
a new shipper review from Anqiu Friend Food Co., Ltd. (``Anqiu 
Friend'') in accordance with 19 CFR 351.214(d)(2). Anqiu Friend has 
certified that it grew and exported the garlic on which it based its 
request for a new shipper review. The Department initially denied Anqiu 
Friend's request for a new shipper review in this case. However, as a 
result of litigation and agreement with the requester, the Department 
has reconsidered its decision and is now initiating the new shipper 
review.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (``the Act'') and 19 CFR 351.214(b)(2), Anqiu Friend 
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), Anqiu 
Friend 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 required by 19 CFR 
351.214(b)(2)(iii)(B), Anqiu Friend 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 Anqiu Friend. See 
Memorandum to the File through Wendy Frankel, ``New Shipper Initiation 
Checklist,'' dated October 12, 2005.
    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 Anqiu Friend 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 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 
Anqiu Friend 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).


[[Page 61788]]


    Dated: October 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5951 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-DS-S