[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'')
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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