[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Pages 38607-38608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10575]
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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: July 7, 2006.
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
May 2005, meet the statutory and regulatory requirements for
initiation. The period of review (``POR'') of these new shipper reviews
is November 1, 2005, through April 30, 2006.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos or 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-
2243 and (202) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on fresh garlic
from the PRC 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 four timely requests for a new shipper
review in accordance with 19 CFR 351.214(c), dated as follows:
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Date Requester
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May 18, 2006...................................................... Shenzhen Xinboda Industrial Co., Ltd. (``Xinboda'')
May 25, 2006...................................................... Shandong Wonderland Organic Food Co., Ltd. (``Shandong Wonderland'')
[[Page 38608]]
May 30, 2006...................................................... Jinxiang Tianma Freezing Storage Co., Ltd. (``Tianma Freezing'')
May 31, 2006...................................................... Weifang Hongqiao International Logistic Co., Ltd. (``Weifang Hongqiao'')
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On June 16, 2006, Weifan Hongqiao submitted a revised public
version of its request. Xinboda, Shandong Wonderland, and Tianma
Freezing each identified itself as the producer and exporter of the
fresh garlic on which it based its request for a new shipper review.
Weifang Hongqiao identified itself as the exporter and Jinxiang Dingtai
Garlic Production Co., Ltd. (``Jinxiang Dingtai'') as the producer of
the fresh garlic on which it based its request for a new shipper
review.
As required by 19 CFR 351.214(b)(2) and (b)(2)(iii)(A), Xinboda,
Shandong Wonderland, Tianma Freezing and Weifang Hongqiao certified
that they did not export fresh garlic to the United States during the
period of investigation (``POI''), and that each company has never been
affiliated with any exporter or producer which exported fresh garlic to
the United States during the POI. In addition, as required by 19 CFR
351.214(b)(2)(ii)(B) and (iii)(A), Jinxing Dintai, Weifang Hongqiao's
producer, certified that it did not export fresh garlic to the United
States during the POI and that it has never been affiliated with any
exporter or producer which exported fresh garlic to the United States
during the POI. Furthermore, Xinboda, Shandong Wonderland, Tianma
Freezing, and Weifang Hongqiao have also certified that their export
activities are not controlled by the central government of the PRC,
satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B).
Pursuant to 19 CFR 351.214(b)(2)(iv) each exporter submitted
documentation establishing: (A) the date on which the subject
merchandise was first entered, or withdrawn from warehouse, for
consumption; (B) the volume of its first shipment and any subsequent
shipments; and (C) the date of its first sale to an unaffiliated
customer in the United States. The Department conducted Customs
database queries to confirm that each company's shipment had officially
entered the United States via assignment of an entry date in the
Customs database by U.S. Customs and Border Protection (``CBP'').
Initiation of Reviews
In accordance with section 751(a)(2)(B) of the Tariff Act of 1930,
as amended (``the Act''), and 19 CFR 351.214(d)(1), and based on
information on the record, we are initiating new shipper reviews for
Xinboda, Shandong Wonderland, Tianma Freezing, and Weifang Hongqiao.
See Memoranda to the File titled ``New Shipper Initiation Checklist''
for Xiboda, Shandong Wonderland, Tianma Freezing, and Weifang Hongqiao,
dated June 27, 2006. We intend to issue the preliminary results of this
review not later than 180 days after the date on which this review was
initiated, and the final results of this review within 90 days after
the date on which the preliminary results are issued. See section
751(a)(2)(B)(iv) of the Act.
As noted above, pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for
a new shipper review initiated in the month immediately following the
semiannual anniversary month will be the six-month period immediately
preceding the semiannual anniversary month. Therefore, the POR for the
new shipper reviews of Xinboda, Shandong Wonderland, Tianma Freezing,
and Weifang Hongqiao will be November 1, 2005, through April 30, 2006.
It is the Department's usual practice in cases involving non-market
economies to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide evidence of the absence of de jure and de facto government
control over the company's export activities. Accordingly, we will
issue questionnaires to Xinboda, Shandong Wonderland, Tianma Freezing,
and Weifang Hongqiao including a ``separate rates'' section. The
reviews will proceed if the responses provide sufficient indication
that Xinboda, Shandong Wonderland, Tianma Freezing, and Weifang
Hongqiao, are not subject to either de jure or de facto government
control with respect to their exports of fresh garlic. However, if the
exporter does not demonstrate the company's eligibility for a separate
rate, then the company will be deemed not separate from the PRC-wide
entity, which exported during the POI, and its new shipper review will
be rescinded. See 19 CFR 351.214(b)(2)(iii)(A); see also Notice of
Preliminary Results of Antidumping Duty New Shipper Review and
Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from
the People's Republic of China, 69 FR 53669 (September 2, 2004) and
Brake Rotors from the People's Republic of China: Rescission of Second
New Shipper Review and Final Results and Partial Rescission of First
Antidumping Duty Administrative Review, 64 FR 61581 (November 12,
1999).
In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e), we will instruct CBP to allow, at the option of the
importer, the posting, until the completion of these reviews, of a
single entry bond or security in lieu of a cash deposit for certain
entries of the merchandise exported by either Xinboda, Shandong
Wonderland, Tianma Freezing, or Weifang Hongqiao. We will apply the
bonding option under 19 CFR 351.107(b)(1)(i) only to entries from these
four exporters for which the respective producers under review are the
suppliers.
Interested parties that need access to proprietary information in
these new shipper reviews should submit applications for disclosure
under administrative protective orders in accordance with 19 CFR
351.305 and 351.306.
This initiation and notice are in accordance with section 751(a) of
the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: June 27, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-10575 Filed 7-6-06; 8:45 am]
BILLING CODE 3510-DS-S