[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61708-61709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17358]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Continuation of Antidumping Duty Order: Fresh Garlic from the 
People's Republic of China

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``Commission'') that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''), the Department 
hereby orders the continuation of the antidumping duty order on fresh 
garlic from the People's Republic of China (``the PRC''). The 
Department is publishing this notice of continuation of the antidumping 
duty

[[Page 61709]]

order in accordance with 19 CFR 351.218(f)(4).

EFFECTIVE DATE: October 19, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Juanita H. 
Chen, AD/CVD Operations, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-4340 
or (202) 482-1904, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2006, the Department initiated and the Commission 
instituted a sunset review of the antidumping duty order on fresh 
garlic from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-year (``Sunset'') Reviews, 71 FR 5243 (February 1, 
2006). As a result of its review, the Department found that revocation 
of the antidumping duty order would be likely to lead to continuation 
or recurrence of dumping and notified the Commission of the magnitude 
of the margins likely to prevail were the order to be revoked. See 
Fresh Garlic from the People's Republic of China: Notice of Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order, 
71 FR 33279 (June 8, 2006).
    The Commission determined, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on fresh garlic from the 
PRC would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. See Fresh Garlic from China, 71 FR 58630 (October 4, 
2006) and USITC Publication 3886 (September 2006) (Inv. No. 731-TA-683 
(Second Review)).

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 Customs and Border Protection to that effect.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of this antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to sections 
751(d)(2)(A) and (B) of the Act, the Department hereby orders the 
continuation of the antidumping duty order on fresh garlic from the 
PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of this order is the date of publication in the Federal 
Register of this continuation notice. Pursuant to section 751(c)(2) of 
the Act, the Department intends to initiate the next five-year review 
of this antidumping order not later than October 2011.
    This sunset review has been conducted in accordance with section 
751(c) of the Act, and this continuation notice is published pursuant 
to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-17358 Filed 10-18-06; 8:45 am]
BILLING CODE 3510-DS-S