[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Pages 33279-33280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8940]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-831


Fresh Garlic from the People's Republic of China: Final Results 
of the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2006, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on fresh garlic (``garlic'') from the People's Republic of China 
(``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of a notice of intent to 
participate and an adequate substantive response filed on behalf of 
domestic interested parties and inadequate response from respondent 
interested parties, the Department conducted an expedited (120-day) 
sunset review. As a result of this sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Review section of this notice.

EFFECTIVE DATE: June 8, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4340, or (202) 
482-0783, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On February 1, 2006, the Department published the notice of 
initiation of the second sunset review of the antidumping duty order on 
garlic from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-year (``Sunset'') Reviews, 71 FR 5243 (February 1, 
2006). The Department received the Notice of Intent to Participate from 
the Fresh Garlic Producers Association and its individual members: 
Christopher Ranch LLC; The Garlic Company; Valley Garlic; and Vessey 
and Company, Inc. (collectively ``the domestic interested parties''), 
within the deadline specified in section 351.218(d)(1)(i) of the 
Department's Regulations (``Sunset Regulations''). The domestic 
interested parties claimed interested party status

[[Page 33280]]

under sections 771(9)(C) and (F) of the Act, as domestic producers and 
packagers of fresh garlic and a trade association whose members produce 
and process a domestic like product in the United States. We received 
complete substantive responses only from the domestic interested 
parties within the 30-day deadline specified in section 
351.218(d)(3)(i) of the Deparment's regulations. We received no 
responses from the respondent interested parties. As a result, pursuant 
to section 751(c)(5)(A) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations, the Department conducted an expedited 
(120-day) sunset review of this order.

Scope of the Order:

    The products subject to the 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, the 
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 Customs and Border Protection to that effect.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated June 1, 
2006, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum which is on file in room B-099 of the main 
Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``June 2006.'' The paper copy and electronic versions of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
garlic from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margin:

------------------------------------------------------------------------
                                                       Weighted Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
PRC-wide............................................              376.67
------------------------------------------------------------------------

    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 1, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-8940 Filed 6-7-06; 8:45 am]
BILLING CODE 3510-DS-S