[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26329-26333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6759]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Final Results 
and Partial Rescission of Antidumping Duty Administrative Review and 
Final Results of New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 18, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review and the preliminary results of the new shipper reviews of the 
antidumping duty order on fresh garlic from the People's Republic of 
China. The period of review is November 1, 2003, through October 31, 
2004. The administrative review covers twenty-one exporters, and the 
new shipper reviews cover two exporters.
    We invited interested parties to comment on our preliminary 
results. We specifically invited comments on surrogate country 
selection for water valuation; however, no parties submitted comments 
on this issue.\1\ Based on our analysis of the comments received, we 
have made certain changes to our calculations. The final dumping 
margins for these reviews are listed in the ``Final Results of the 
Reviews'' section below.
---------------------------------------------------------------------------

    \1\ The Department determined in the 2002-2003 administrative 
review that agrarian water rates for irrigation are highly 
subsidized by the Indian government and, therefore, it is 
appropriate to use an Indian industrial rate as a surrogate value 
for water in the PRC.

---------------------------------------------------------------------------
EFFECTIVE DATE: May 4, 2006.

FOR FURTHER INFORMATION CONTACT: Katharine Huang or Blanche Ziv, 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-
5047 and (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2005, the Department published the preliminary 
results of the administrative review and new shipper reviews of the 
antidumping duty order on fresh garlic from the People's Republic of 
China. See Fresh Garlic from the People's Republic of China: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review and Preliminary Results of New Shipper Reviews, 
70 FR 69942 (November 18, 2005) (``Preliminary Results''). On December 
19, 2005, Taian Fook Huat Tong Kee Foodstuffs Co., Ltd. (``FHTK'') 
submitted comments on minor errors contained in the Department's 
preliminary margin calculation for FHTK. In December 2005, we extended 
the deadline by which interested parties may submit publicly available 
information to value factors of production to January 5, 2006. Also in 
December 2005, we postponed the briefing schedule until January 2006 
and notified interested parties.
    On January 5, 2006, we received surrogate value submissions from 
the petitioners\2\ and five respondents.\3\ On January 17, 2006, we 
received additional surrogate value information from the petitioners in 
rebuttal to the January 5, 2006, submissions from respondents. We also 
received submissions from seven respondents\4\ in rebuttal to the 
January 5, 2006, submission from the petitioners. On January 23, 2006, 
we received a case brief from the petitioners and their request for a 
public hearing. We also received case briefs from Linshu Dading, Sunny, 
Harmoni, Shanyang, Jinan Yipin, FHTK, Weifang Shennong Foodstuff Co., 
Ltd. (``WSFC''), Jining Trans-High Trading Co., Ltd. (``Trans-High''), 
Shanghai LJ International Trading Company (``Shanghai LJ''), and 
Jinxiang Dong Yun Freezing Storage Co., Ltd. (``Dong Yun''). On January 
30, 2006, we received rebuttal submissions from the petitioners, Linshu 
Dading, Sunny, Harmoni, Shanyang, Jinan Yipin, FHTK, Trans-High, 
Shanghai LJ, Dong Yun, and Taian Ziyang Food Co., Ltd. (``Ziyang''). No 
comments were submitted by Huaiyang Hongda Dehydrated Vegetable Company 
(``Hongda'') or Zhangqiu Qingyuan Vegetable Co., Ltd. (``Qingyuan'').
---------------------------------------------------------------------------

    \2\ The Fresh Garlic Producers Association (``FGPA'') and its 
individual members. The individual members are Christopher Ranch 
L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, 
Inc.
    \3\ The five respondents are Linshu Dading Private Agricultural 
Products Co., Ltd. (``Linshu Dading''), Sunny Import and Export Ltd. 
(``Sunny''), Zhengzhou Harmoni Spice Co., Ltd. (``Harmoni''), 
Jinxiang Shanyang Freezing Storage Co., Ltd. (``Shanyang''), and 
Jinan Yipin Co., Ltd. (``Jinan Yipin``).
    \4\ The seven respondents are Linshu Dading, Sunny, Harmoni, 
Shanyang, Jinan Yipin, FHTK, and Taian Ziyang Food Co., Ltd. 
(``Ziyang'').
---------------------------------------------------------------------------

    On February 14, 2006, the petitioners submitted a letter 
withdrawing their request for a hearing. As there were no other 
requests for a hearing, the Department did not conduct a hearing in 
these reviews.
    On February 14, 2006, we evaluated Trans-High's comments in its 
case briefs with regard to the copying error in the verification report 
and identified that Trans-High had based its comments on a draft of the 
report released for bracketing of business proprietary information, 
rather than on the official version of the verification report released 
to the parties. Pursuant to its relevant comments in its case brief, 
the Department discovered that Trans-High had not picked up the 
official version of the report from the Department's Central Records 
Unit (``CRU''). In response to Trans-High's omission, we re-released 
the official version of the verification report to Trans-High and 
allowed it one week to submit any comments relevant to the official 
version. See Letter from Blanche Ziv to Francis Sailer, dated February 
14, 2006. Trans-High did not submit any comments in response to this 
opportunity. See Memorandum from Jennifer Moats to the File entitled, 
``No Comments on Official Version of Trans-High Verification Report,'' 
dated March 9, 2006.
    On March 1, 2006, we issued a letter to all interested parties 
requesting comments on a change in our allocation of certain labor 
items from direct labor to manufacturing overhead in the calculation of 
the surrogate financial ratios. We received comments on our allocation 
methodology from Linshu Dading, Sunny, Harmoni, Shanyang, and Jinan 
Yipin on March 10, 2006.
    On March 16, 2006, we extended the time limit for the completion of 
the final results of these reviews, including our analysis of issues 
raised in case or rebuttal briefs until April 17, 2006. See Notice of 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review and New

[[Page 26330]]

Shipper Reviews: Fresh Garlic from the People's Republic of China, 71 
FR 14681 (March 23, 2006).
    On March 22, 2006, we issued a letter to all interested parties 
requesting comments on publicly available information to value garlic 
bulbs for the final results of review. We received comments from the 
petitioners, Linshu Dading, Sunny, Harmoni, Shanyang, Jinan Yipin, 
Ziyang, and FHTK on March 28, 2006.
    On April 14, 2006, we extended the time limit for the completion of 
the final results of these reviews, including our analysis of issues 
raised in case or rebuttal briefs, until April 26, 2006. See Notice of 
Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review and New Shipper Reviews: Fresh Garlic from the 
People's Republic of China, 71 FR 20645 (April 21, 2006).
    We have conducted these reviews in accordance with sections 751 and 
777 of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.213, 351.214 and 352.221 (2005).

Scope of the Order

    The products covered by 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 the following: (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 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9700 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this order is dispositive. In order 
to be excluded from the antidumping duty order, 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 U.S. Customs and Border Protection (``CBP'') to that 
effect.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the Issues and Decision Memorandum, dated 
April 26, 2006 (``Decision Memorandum''), which is hereby adopted by 
this notice. A list of the issues which parties raised and to which we 
respond in the Decision Memorandum is attached to this notice as an 
Appendix. The Decision Memorandum is a public document which is on file 
in CRU in room B-099 in the main Department building, and is accessible 
on the Web at http://ia.ita.doc.gov. The paper copy and electronic 
version of the memorandum are identical in content.

Partial Recession of Administrative Reviews

    In the Preliminary Results, the Department issued a notice of 
intent to rescind the administrative review with respect to Shanghai 
Ever Rich Trade Company (``Ever Rich'') because we found no evidence 
that Ever Rich made shipments of subject merchandise during the POR. 
The Department also issued a notice of intent to rescind the 
administrative review with respect to Linyi Sanshan Import & Export 
Trading Co., Ltd. (``Linyi''), Shandong Jining Jishan Textile Co., Ltd. 
(``Shandong Jining''), Tacheng County Dexing Foods Co., Ltd. 
(``Tancheng''), and Xiangcheng Yisheng Foodstuff Co., Ltd. 
(``Yisheng'') because no other parties requested a review of these 
companies and the petitioners have withdrawn their request. See 
Preliminary Results, 70 FR at 69944. The Department received no 
comments on this issue, and we did not receive any further information 
since the issuance of the Preliminary Results that provides a basis for 
reconsideration of this determination. Therefore, the Department is 
rescinding this administrative review with respect to Ever Rich, Linyi, 
Shandong Jining, Tancheng, and Yisheng.

Separate Rates

    In our Preliminary Results, we determined that Dong Yun, FHTK, 
Hongda, Harmoni, Linshu Dading, Sunny, Ziyang, Jinan Yipin, Trans-High, 
WSFC, Shanyang, Shanghai LJ, and Qingyuan met the criteria for the 
application of a separate rate. We determined that Pizhou Guangda 
Import and Export Co., Ltd. (``Guangda''), H&T Trading Company 
(``H&T''), Jinxiang Hongyu Freezing and Storing Co., Ltd. (``Hongyu''), 
Jining Yun Feng Agriculture Products Co., Ltd. (``Yun Feng''), Clipper 
Manufacturing Ltd. (``Clipper''), and Heze Ever-Best International 
Trade Co., Ltd. (``Ever Best'') did not qualify for separate rate 
status and, therefore, are deemed to be included in the PRC entity. See 
Preliminary Results, 70 FR at 69943. We have not received any 
information since the issuance of the Preliminary Results that provides 
a basis for reconsideration of these determinations.

The PRC-Wide Rate and Use of Adverse Facts Available

Guangda, H&T, Hongyu, Yun Feng, Clipper, and Ever-Best
    In the Preliminary Results, we determined that the PRC entity 
(including Guangda, H&T, Hongyu, Yun Feng, Clipper, and Ever-Best) 
received copies of the questionnaire but did not respond and, 
therefore, failed to cooperate to the best of its ability in the 
administrative review. Accordingly, we determined that the use of facts 
otherwise available in reaching our determination is appropriate 
pursuant to sections 776(a)(2)(A) and (B) of the Act and that the use 
of an adverse inference in selecting from the facts available is 
appropriate pursuant to section 776(b) of the Act. In accordance with 
the Department's practice, as adverse facts available, we assigned to 
the PRC entity (including Guangda, H&T, Hongyu, Yun Feng, Clipper, and 
Ever-Best) the PRC-wide rate of 376.67 percent. For detailed 
information on the Department's corroboration of this rate, see 
Preliminary Results, 70 FR at 69942, and Memorandum to the File, 
entitled ``2003-2004 Antidumping Duty Administrative Review of Fresh 
Garlic from the People's Republic of China: Corroboration of the PRC-
Wide Adverse Facts-Available Rate,'' dated November 10, 2005.

Normal Value Methodology

    The Department's general policy, consistent with section 
773(c)(1)(B) of the Act, is to calculate normal value (``NV'') using 
the factors of production (``FOPs'') that a respondent consumes in 
order to produce a unit of the subject merchandise. There are 
circumstances, however, in which the Department will modify its 
standard FOP methodology, choosing to apply a surrogate value to an 
intermediate input instead of the individual FOPs used to produce that 
intermediate input. First, in some cases, a respondent may report 
factors used to produce an intermediate input that

[[Page 26331]]

accounts for an insignificant share of total output. When the potential 
increase in accuracy to the overall calculation that results from 
valuing each of the FOPs is outweighed by the resources, time, and 
burden such an analysis would place on all parties to the proceeding, 
the Department has valued the intermediate input directly using a 
surrogate value. See, e.g., Notice of Final Antidumping Duty 
Determination of Sales at Less Than Fair Value and Affirmative Critical 
Circumstances: Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam, 68 FR 37116 (June 23, 2003), and accompanying Issues and 
Decision Memorandum at Comment 3 (``Fish Fillets Final'').
    Also, there are circumstances in which valuing the FOPs used to 
yield an intermediate product would lead to an inaccurate result 
because the Department would not be able to account for a significant 
element of cost adequately in the overall factors buildup. In this 
situation, the Department would also value the intermediate input 
directly. See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Carbon and Certain Alloy Steel Wire Rod from Ukraine, 
67 FR 55785 (August 30, 2002), and Final Determination of Sales at Less 
Than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products from the 
People's Republic of China, 66 FR 49632 (September 28, 2001). See also 
Certain Preserved Mushrooms from the People's Republic of China: Final 
Results of First New Shipper Review and First Antidumping Duty 
Administrative Review, 66 FR 31204 (June 11, 2001), and accompanying 
Issues and Decision Memorandum at Comment 2; Notice of Preliminary 
Determination of Sales at Less Than Fair Value, Affirmative Preliminary 
Determination of Critical Circumstances and Postponement of Final 
Determination: Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam, 68 FR 498, 449 (January 31, 2003); and Fish Fillets Final.
    In the Preliminary Results, the Department found that the 
respondents in these proceedings are unable to accurately record and 
substantiate the complete costs of growing garlic based on our analysis 
of the information on the record and for the reasons outlined in the 
Memorandum to the File entitled, ``2003-2004 Administrative and New 
Shipper Reviews of the Antidumping Duty Order on Fresh Garlic From the 
People's Republic of China: Intermediate Input Methodology,'' dated 
November 10, 2005 (``Intermediate Product Memorandum''). See 
Preliminary Results, at 69948. In order to eliminate the distortions in 
our calculation of NV for all of the reasons identified in the 
Intermediate Product Memorandum, we have applied an intermediate-
product valuation methodology to all companies for these final results 
of review. Using this methodology, we calculated NV by starting with a 
surrogate value for the garlic bulb (i.e., the ``intermediate 
product''), adjusted for yield losses during the processing stages, and 
adding the respondents' processing costs, which were calculated using 
their reported usage rates for processing fresh garlic. For a complete 
explanation of the Department's analysis, and for a more detailed 
analysis of these issues with respect to each respondent, see 
Intermediate Product Memorandum and the Decision Memorandum at Comment 
1.
    In future reviews, should a respondent be able provide sufficient 
factual evidence that it maintains the necessary information in its 
internal books and records that would allow us to establish the 
completeness and accuracy of the reported FOPs, we will revisit this 
issue and consider whether to use its reported FOPs in the calculation 
of NV. For further details, see Intermediate Product Memorandum.

Changes Since the Preliminary Results

    Based on our analysis of information on the record of these 
reviews, and comments received from the interested parties, we have 
made changes to the margin calculations for certain respondents.
    We have revalued several of the surrogate values used in the 
Preliminary Results. The values that were modified for these final 
results are those for garlic bulbs, foreign brokerage and handling, 
ocean freight, and the surrogate financial ratio for overhead, selling, 
general and administrative expenses, and profit. For further details 
see ``Factors Valuations for the Final Results of the Administrative 
Review,'' dated April 26, 2006.
    In addition, we have made some company-specific changes since the 
Preliminary Results. Specifically, we have incorporated, where 
applicable, post-preliminary clarifications, and performed clerical 
error corrections for Shanyang, FHTK, Qingyuan, Sunny and Linshu 
Dading. For further details on these company-specific changes, see 
Decision Memorandum at Comments 14 through 22. For further information 
detailing all of these changes, see Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Jinan Yipin Corporation, Ltd.,'' dated April 26, 2006; 
Memorandum to the File, entitled ``Analysis for the Final Results of 
the Administrative Review of the Antidumping Duty Order on Fresh Garlic 
from the People's Republic of China: Linshu Dading Private Agricultural 
Products Co., Ltd.,'' dated April 26, 2006; Memorandum to the File, 
entitled ``Analysis for the Final Results of the Administrative Review 
of the Antidumping Duty Order on Fresh Garlic from the People's 
Republic of China: Sunny Import and Export Ltd.,'' dated April 26, 
2006; Memorandum to the File, entitled ``Analysis for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Fresh 
Garlic from the People's Republic of China: Zhengzhou Harmoni Spice 
Co., Ltd.,'' dated April 26, 2006; Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Jinxiang Shanyang Freezing Storage Co.,'' dated April 26, 2006; 
Memorandum to the File, entitled ``Analysis for the Final Results of 
the Administrative Review of the Antidumping Duty Order on Fresh Garlic 
from the People's Republic of China: Weifang Shennong Foodstuff Co., 
Ltd.,'' dated April 26, 2006; Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Jining Trans-High Trading Co., Ltd.,'' dated April 26, 2006; 
Memorandum to the File, entitled ``Analysis for the Final Results of 
the New Shipper Review of the Antidumping Duty Order on Fresh Garlic 
from the People's Republic of China: Shanghai LJ International Trading 
Company,'' dated April 26, 2006; Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Jinxiang Dong Yun Freezing Storage Co., Ltd.,'' dated April 26, 
2006; Memorandum to the File, entitled ``Analysis for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Fresh 
Garlic from the People's Republic of China: Taian Ziyang Food Co., 
Ltd.,'' dated April 26, 2006; Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of

[[Page 26332]]

China: Huaiyang Hongda Dehydrated Vegetable Company,'' dated April 26, 
2006; Memorandum to the File, entitled ``Analysis for the Final Results 
of the New Shipper Review of the Antidumping Duty Order on Fresh Garlic 
from the People's Republic of China: Zhangqiu Qingyuan Vegetable Co., 
Ltd.,'' dated April 26, 2006; and Memorandum to the File, entitled 
``Analysis for the Final Results of the Administrative Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China: Taian Fook Huat Tong Kee Foodstuffs Co., Ltd.,'' dated April 26, 
2006.

Final Results of the Reviews

    The Department has determined that the following final dumping 
margins exist for the period November 1, 2003, through October 31, 
2004:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                         percentage margin
------------------------------------------------------------------------
Fook Huat Tong Kee Pte., Ltd........................                5.56
Huaiyang Hongda Dehydrated Vegetable Company........                0.00
Jinan Yipin Corporation, Ltd........................               29.52
Jining Trans-High Trading Co., Ltd..................                0.00
Jinxiang Dongyun Freezing Storage Co., Ltd..........   0.29 (de minimis)
Jinxiang Shanyang Freezing and Storage Co., Ltd.....               14.79
Linshu Dading Private Agricultural Products Co.,                   22.47
 Ltd................................................
Sunny Import & Export Limited.......................               10.52
Taian Ziyang Food Co., Ltd..........................                0.95
Weifang Shennong Foodstuff Co., Ltd.................                0.00
Zhengzhou Harmoni Spice Co., Ltd.0.27 (de minimis)..
Shanghai LJ International Trading Co., Ltd..........                0.00
Zhangqiu Qingyuan Vegetable Co., Ltd................               15.36
PRC-wide rate[ast]..................................              376.67
------------------------------------------------------------------------
[ast] includes Pizhou Guangda Import and Export Co., Ltd., H&T Trading
  Company, Jinxiang Hongyu and Storing Co., Ltd., Jining Yun Feng
  Agriculture Products Co., Ltd., Clipper Manufacturing Ltd., and Heze
  Ever-Best International Trade Co., Ltd.

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(6).

Duty Assessment and Cash-Deposit Requirements

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of the final results of these reviews. For assessment 
purposes, we divided the total dumping duties due for each importer (or 
customer) by the total quantity of subject merchandise sold to that 
importer during the POR to calculate a per-unit assessment amount. For 
duty-assessment rates calculated on this basis, we will direct CBP to 
assess importer- (or customer-) specific assessment rates based on the 
resulting per-unit (i.e., per kilogram) amount on each of the 
applicable importer's (customer's ) entries of the subject merchandise 
during the POR.
    Bonding will no longer be permitted to fulfill security 
requirements for shipments of fresh garlic from the PRC produced by 
Xiangcheng San Li and exported by Shanghai LJ, and produced and 
exported by Qingyuan that are entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
these new shipper reviews. The following cash deposit requirements will 
be effective upon publication of the final results of these new shipper 
reviews for all shipments of subject merchandise from Shanghai LJ and 
Qingyuan entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided by section 751(a)(2)(C) of the 
Act: (1) For subject merchandise produced by Xiangcheng San Li and 
exported by Shanghai LJ, and produced and exported by Qingyuan, the 
cash-deposit rate will be that established in these final results of 
reviews; (2) for subject merchandise exported by Shanghai LJ but not 
manufactured by Xiangcheng San Li, the cash deposit rate will continue 
to be the PRC-wide rate (i.e., 376.67 percent); and (3) for subject 
merchandise exported by Qingyuan, but manufactured by any other party, 
the cash deposit rate will be the PRC-wide rate (i.e., 376.67 percent).
    Further, the following cash deposit requirements will be effective 
upon publication of the final results of the administrative review for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results, as provided by section 751(a)(2)(C) of the Act: (1) For 
subject merchandise exported by Dong Yun, FHTK, Hongda, Jinan Yipin, 
Linshu Dading, Sunny, Ziyang, Trans-High, Harmoni, WSFC, and Shanyang, 
the cash-deposit rate will be that established in these final results 
of review; (2) for previously reviewed or investigated companies not 
listed above that have separate rates, the cash-deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) for all other PRC exporters of subject merchandise which 
have not been found to be entitled to a separate rate, the cash-deposit 
rate will be the PRC-wide rate of 376.67 percent; (4) for all non-PRC 
exporters of subject merchandise, the cash-deposit rate will be the 
rate applicable to the PRC exporter that supplied that exporter. These 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of final results of administrative review and new 
shipper reviews is issued and published in accordance with sections 
751(a)(2)(c) and 777(i) of the Act.

    Dated: April 26, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix 1

Decision Memorandum
1. Use of Intermediate Input Methodology
2. Valuation of Garlic Bulb
3. Calculation of Surrogate Wage Rate

[[Page 26333]]

4. Double Counting of Selling Expenses, Profits, Land Cost, Packing or 
Processing Costs
5. By-products
6. Valuation of Foreign Brokerage and Handling
7. Valuation of Ocean Freight
8. Valuation of Cartons
9. Valuation of Jars
10. Financial Ratios
11. Sunny's Observed Labor Hours at on-site Verification
12. FHTK's Observed Labor Hours at on-site Verification
13. Trans-High's Observed Labor Hours at on-site Verification
14. Yield Loss Ratio for Shanyang
15. Yield-Loss Ratio to Processing Inputs for FHTK
16. Water and Electricity - FHTK
17. Clerical Error - Valuation of Cartons for Shanyang
18. Clerical Error - Shanyang's Plastic Jars and Lids
19. Exchange Rate Application - FHTK
20. Clerical Error - Linshu Dading Select Gross Unit Prices
21. Clerical Error - Bulb Freight for Sunny and Qingyuan
22. Clerical Error Calculation of Electricity for Qingyuan
23. Clerical Error - Normal Value Calculation for Dong Yun
24. Clerical Error - FOPs for Direct and Indirect Labor - FHTK
[FR Doc. E6-6759 Filed 5-3-06; 8:45 am]
BILLING CODE 3510-DS-S