[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76765-76766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7882]


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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: December 28, 2005.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that requests for new shipper reviews of the antidumping duty order on 
fresh garlic from the People's Republic of China (``PRC''), received in 
September and November 2005, meet the statutory and regulatory 
requirements for initiation. The period of review (``POR'') of these 
new shipper reviews is November 1, 2004, through October 31, 2005.

FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Jim Nunno, 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) 482-0783, 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). The Department received five timely requests for a 
new shipper review in accordance with 19 CFR 351.214(d)(1), dated as 
follows:

------------------------------------------------------------------------
                     Date                               Requester
------------------------------------------------------------------------
September 30, 2005............................     Qingdao Camel Trading
                                                     Co., Ltd.(``Qingdao
                                                                Camel'')
November 2, 2005..............................       Qingdao Xintianfeng
                                                              Foods Co.,
                                                          Ltd.(``Qingdao
                                                          Xintianfeng'')
November 15, 2005.............................      XuZhou Simple Garlic
                                                           Industry Co.,
                                                 Ltd.(``XuZhou Simple'')
November 29, 2005.............................            Qingdao Saturn
                                                International Trade Co.,
                                                Ltd.(``Qingdao Saturn'')
November 30, 2005.............................   Shandong Longtai Fruits
                                                and Vegetables Co., Ltd.
                                                           (``Longtai'')
------------------------------------------------------------------------

Qingdao Xintianfeng, XuZhou Simple, and Longtai certified that they 
grew and exported the garlic on which they based their requests for a 
new shipper review. Qingdao Camel certified that Jinxiang County Lufeng 
Agricultural Production Material Co., Ltd. (``Lufeng'') grew the 
subject merchandise it exported. Qingdao Saturn certified that 
Changshan County Taifeng Agricultural By-Products Processing Co., Ltd. 
(``Taifeng'') grew the subject merchandise that it exported.

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), Qingdao Camel, 
Qingdao Saturn, Qingdao Xiantianfeng, Longtai, and XuZhou Simple 
certified that they did not export fresh garlic to the United States 
during the period of investigation (``POI''). In addition, Lufang and 
Taifeng, producers of the subject merchandise, exported by Qingdao 
Camel and Qingdao Saturn, respectively, provided certifications that 
they did not export the subject merchandise to the United States during 
the POI, pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(ii)(B). Pursuant to section 751(a)(2)(B)(i)(II) and 19 
CFR 351.214(b)(2)(iii)(A), all companies discussed above 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), 
these companies also certified that their export activities are not 
controlled by the central government of the PRC.
    In addition to the certifications described above, each 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 five new shipper reviews for shipments 
of fresh garlic from the PRC:
    (1) grown by Lufeng and exported by Qingdao Camel,
    (2) grown by Taifeng and exported by Qingdao Saturn,
    (3) grown and exported by Qingdao Xiantianfeng,

[[Page 76766]]

    (4) grown and exported by XuZhou Simple, and
    (5) grown and exported by Longtai.
See Memoranda to the File titled, ``New Shipper Initiation Checklist'' 
for Qingdao Camel, Qingdao Saturn, Qingdao Xiantianfeng, Longtai, and 
XuZhou Simple, dated December 20, 2005.
    The POR is November 1, 2004, through October 31, 2005. See 19 CFR 
351.214(g)(1)(i)(A). 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 Qingdao Xiantianfeng, Longtai, and XuZhou Simple have 
certified that they grew and exported the fresh garlic on which they 
based their requests 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 Qingdao 
Xiantianfeng, Longtai, and XuZhou Simple, respectively, until the 
completion of the new shipper review, pursuant to section 
751(a)(2)(B)(iii) of the Act.
    With respect to Qingdao Camel and Qingdao Saturn, they have 
certified that they exported, but did not grow, the subject merchandise 
on which they based their requests for a new shipper review. Therefore, 
until completion of these 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 subject merchandise (1) grown 
by Lufeng and exported by Qingdao Camel, or (2) grown by Taifeng and 
exported by Qingdao Saturn. 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: December 20, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7882 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-DS-S