[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40692-40694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11290]


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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 2004-2005 Semi-Annual New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 4, 2006, the Department of Commerce (``the 
Department'') published the preliminary results of new shipper reviews 
of the antidumping duty order on fresh garlic from the People's 
Republic of China (``PRC''). See Fresh Garlic from the People's 
Republic of China: Preliminary Results of 2004-2005 Semi-Annual New 
Shipper Reviews, 71 FR 26322 (May 4, 2006) (``Preliminary Results''). 
The

[[Page 40693]]

merchandise covered by this order is fresh garlic as described in the 
``Scope of the Order'' section of this notice. The period of review 
(``POR'') is November 1, 2004, through April 30, 2005. We invited 
parties to comment on our Preliminary Results. We received no comments, 
and no new evidence was placed on the record to cause us to question 
that determination. Therefore, the final results are unchanged from 
those presented in the Preliminary Results. The final dumping margins 
for these reviews are listed in the ``Final Results of the Reviews'' 
section below.

EFFECTIVE DATE: July 18, 2006.

FOR FURTHER INFORMATION CONTACT: Ryan Douglas or Katharine Huang, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1277 and (202) 482-1271, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2006, the Department published the preliminary results of 
the 2004-2005 semi-annual new shipper reviews of fresh garlic from the 
PRC. See Preliminary Results. These new shipper reviews cover four 
respondents,\1\ and the period November 1, 2004, through April 30, 
2005. In the Preliminary Results, we invited parties to comment. We 
received no comments.
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    \1\ The four respondents are Shandong Chengshun Farm Produce 
Trading Company, Ltd. (``Chengshun''), Shenzhen Fanhui Import and 
Export Co., Ltd. (``Fanhui''), Qufu Dongbao Import and Export Trade 
Co., Ltd. (``Dongbao''), and Anqiu Friend Food Co., Ltd. (``Anqiu 
Friend''). These new shipper reviews cover shipments of fresh garlic 
from the PRC that were produced by Jinxiang Chengsen Agricultural 
Trade Company, Ltd. (``CATC'') and exported by Chengshun, produced 
and exported by Fanhui, produced and exported by Dongbao, and 
produced and exported by Anqiu Friend.
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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 U.S. Customs and Border Protection (``CBP'') to that 
effect.

Separate Rates

    In our Preliminary Results, we preliminarily found that Chengshun, 
Fanhui, Dongbao, and Anqiu Friend had met the criteria for the 
application of a separate antidumping duty rate. See Preliminary 
Results, 71 FR at 26325. We have not received any information since the 
issuance of the Preliminary Results that provides a basis for 
reconsideration of these determinations.

Final Results of the Reviews

    The Department has determined that the following final dumping 
margins exist for the period November 1, 2004, through April 30, 2005:

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                                                                                                        Margin
                   Exporter                                           Producer                         (percent)
----------------------------------------------------------------------------------------------------------------
Shandong Chengshun Farm Produce Trading           Jinxiang Chengsen Agricultural Trade Company, Ltd.        0.00
 Company, Ltd................................
Shenzhen Fanhui Import and Export Co., Ltd...            Shenzhen Fanhui Import and Export Co., Ltd.        0.00
Qufu Dongbao Import and Export Trade Co.,             Qufu Dongbao Import and Export Trade Co., Ltd.        0.00
 Ltd.........................................
Anqiu Friend Food Co., Ltd...................                            Anqiu Friend Food Co., Ltd.        0.00
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Duty Assessment and Cash-Deposit Requirements

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer- (or customer-) specific assessment rate is 
zero.
    Bonding will no longer be permitted to fulfill security 
requirements for shipments of fresh garlic from the PRC produced by 
CATC and exported by Chengshun, produced and exported by Fanhui, 
produced and exported by Dongbao, and produced and exported by Anqiu 
Friend that are entered, or withdrawn from warehouse, for consumption 
on or after the publication date of the final results of these new 
shipper reviews. The following cash deposit requirements will be 
effective upon publication of the final results of these new shipper 
reviews for all shipments of subject merchandise from Chengshun, 
Fanhui, Dongbao, and Anqiu Friend entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For subject merchandise produced 
by CATC and exported by Chengshun; produced and exported by Fanhui; 
produced and exported by Dongbao; or produced and exported by Anqiu 
Friend, the cash deposit rate will be zero; (2) for subject merchandise 
exported by Chengshun but not produced by CATC, the cash deposit rate 
will continue to be the PRC-wide rate (i.e., 376.67 percent); (3) for 
subject merchandise exported by Fanhui, Dongbao, or Anqiu Friend, but 
produced by any party other than itself, the cash deposit rate will be 
the PRC-wide rate (i.e., 376.67 percent); (4) for subject merchandise 
produced by Fanhui, Dongbao, or Anqiu Friend, but exported by any party 
other than itself, the cash deposit rate will be the PRC-wide rate 
(i.e., 376.67 percent); and (5) for subject merchandise produced by 
CATC but exported by any party other than Chengshun, the cash deposit 
rate

[[Page 40694]]

will be the PRC-wide rate (i.e., 376.67 percent).

Notification of Interested Parties

    This notice serves as a final reminder to importers 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 the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative protective order itself. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act, 19 CFR 351.214(i)(1), 
and 19 CFR 351.221(b)(5).

    Dated: July 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-11290 Filed 7-17-06; 8:45 am]
BILLING CODE 3510-DS-S