[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]


=======================================================================
-----------------------------------------------------------------------

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