[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Notices]
[Pages 37537-37538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10292]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China: Notice of
Intent to Rescind and Partial Rescission of the 11th Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 30, 2006.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2005, the Department published a notice of
initiation of an administrative review of fresh garlic from the
People's Republic of China (``PRC''), covering the period November 1,
2004, through October 31, 2005. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 70 FR 76024 (December 22, 2005).
On January 17, 2006, Weifang Shennong Foodstuff Company Ltd.
(``WSFC'') notified the Department that it had no shipments of subject
merchandise to the United States during the POR. On January 27, 2006,
Jinan Yipin Corporation Ltd. (``Jinan Yipin'') notified the Department
that it had no shipments of subject merchandise to the United States
during the period of review (``POR'').
On March 20, 2006, the Fresh Garlic Producers Association (the
``Petitioner'') withdrew its request for an administrative review on
four companies: Shandong Chengshun Farm Produce Trading Company Ltd.
(``Chengshun''), Shanghai LJ International Trading Company Ltd.
(``Shanghai LJ''), Jinxiang Tianshan Foodstuff Company Ltd.
(``Tianshan'') and Xi'an XiongLi Foodstuff Company Ltd. (``XiongLi'').
On May 20, 2006, the
[[Page 37538]]
Petitioner withdrew its request for an administrative review on fifteen
additional companies: Anqiu Friend Food Company Ltd. (``Anqiu
Friend''), Clipper Manufacturing Ltd. (``Clipper''), H&T Trading
Company (``H&T''), Huaiyang Huamei Foodstuff Company Ltd. (``Huaiyang
Huamei''), Jining Yun Feng Agricultural Products Company Ltd. (``Yun
Feng''), Jinxiang Hongyu Freezing and Storage Company Ltd.
(``Hongyu''), Linyi Sanshan Import & Export Trading Company Ltd.
(``Linyi Sanshan''), Qingdao Saturn International Trade Company Ltd.
(``Qingdao Saturn''), Qufu Dongbao Import & Export Trade Company Ltd.
(``Qufu Dongbao''), Shandong Dongyue Produce Company Ltd.
(``Dongyue''), Shandong Jining Jinshan Textile Company Ltd.
(``Jinshan''), Shenzhen Fanhui Import & Export Company Ltd.
(``Fanhui''), Tancheng County Dexing Foods Company Ltd. (``Dexing
Foods''), Xiangcheng Yisheng Foodstuffs Company (``Xiangcheng
Yisheng'') and Zhengzhou Harmoni Spice Company Ltd. (``Harmoni''). On
May 30, 2006, Harmoni withdrew its own request for an administrative
review.
Intent to Rescind in Part
Section 351.213(d)(3) of the Department's regulations provides that
the Department may rescind an administrative review, in whole or only
with respect to a particular exporter or producer, if the Secretary
concludes that, during the period covered by the review, there were no
entries, exports, or sales of the subject merchandise. On January 17,
2006, WSFC, and on January 20, 2006, Jinan Yipin, informed the
Department that they did not sell subject merchandise to the United
States during the POR. The Department reviewed data on entries under
the order during the period of review from U.S. Customs and Border
Protection (``CBP''), and found no entries or sales of subject
merchandise by WSFC or Jinan Yipin into the United States during the
POR. See Memo to the File, CBP Packages, dated June 20, 2006.
Therefore, absent the submission of any evidence that WSFC or Jinan
Yipin had U.S. entries or sales of subject merchandise during the POR,
the Department intends to rescind the administrative review with
respect to these companies. See 19 CFR 351.213(d)(3).
In accordance with section 351.309(c)(ii) of the Department's
regulations, interested parties may submit case briefs no later than 30
days after the date of publication of this preliminary notice.
Additionally, in accordance with section 351.309(d) of the Department's
regulations, rebuttal briefs, limited to issues raised in such briefs,
may be filed no later than five days after the time limit for filing
the case brief. Parties who submit arguments are requested to submit
with the argument (1) a statement of the issue; (2) a brief summary of
the argument; and, (3) a table of authorities. Further, parties
submitting written comments should provide the Department with an
additional copy of the public version of any such comments on diskette.
Partial Rescission
Pursuant to section 351.213(d)(1) of the Department's regulations,
the Secretary will rescind an administrative review, in whole or in
part, if a party who requested the review withdraws the request within
ninety days of the date of publication of notice of initiation of the
requested review.
Therefore, because the Petitioner's requests were timely, in
accordance with section 351.213(d)(1) of the Department's regulations,
we are rescinding this review with respect to Chengshun, Shanghai LJ,
Tianshan, XiongLi, Anqiu Friend, Clipper, H&T, Huaiyang Huamei, Yun
Feng, Hongyu, Linyi Sanshan, Qingdao Saturn, Qufu Dongbao, Dongyue,
Jinshan, Fanhui, Dexing Foods and Xiangcheng Yisheng. In addition,
because the Petitioner's and Harmoni's requests were timely, in
accordance with section 351.213(d)(1) of the Department's regulations,
we are rescinding this review with respect to Harmoni.
Assessment Rates
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For those companies for which this review has
been rescinded, antidumping duties shall be assessed at rates equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2). The Department will issue appropriate
assessment instructions directly to CBP within 15 days of publication
of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation which is subject to sanction.
This notice is issued and published in accordance with section
777(i)(1) of the Act and 19 CFR 351.213(d)(4).
Dated: June 20, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-10292 Filed 6-29-06; 8:45 am]
BILLING CODE 3510-DS-S