[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Notices]
[Pages 39788-39790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3518]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Amended Final Results of Antidumping Duty Administrative Review: 
Fresh Garlic From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 22, 2007, the Department of Commerce (``Department'') 
published in the Federal Register the final results of the eleventh 
administrative review and concurrent new shipper reviews of the 
antidumping duty order on fresh garlic from the Peoples Republic of 
China

[[Page 39789]]

(``PRC''). See Fresh Garlic from the People's Republic of China: Final 
Results and Partial Rescission of the Eleventh Administrative Review 
and New Shipper Reviews, 72 FR 34438 (June 22, 2007) ``(Final 
Results'') and accompanying Issues and Decision Memorandum. The period 
of review (``POR'') covered November 1, 2004, through October 31, 2005. 
We are amending our Final Results to correct ministerial errors made in 
the calculation of the antidumping duty margin for Jinxiang Shanyang 
Freezing Storage Co., Ltd. (``Shanyang''), pursuant to section 751(h) 
of the Tariff Act of 1930, as amended (``Act'').

EFFECTIVE DATE: July 20, 2007.

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 June 22, 2007, the Department published the Final Results and 
corresponding issues and decision memorandum. See ``Memorandum from 
Stephen J. Caleys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, Subject: Antidumping Duty Order on Fresh Garlic from 
the People's Republic of China: Issues and Decision Memorandum for the 
Eleventh Administrative Review and New Shipper Reviews'' (``Final 
Decision Memo'').
    On June 18, 2007, Fresh Garlic Producers Association and its 
individual members, Christopher Ranch L.L.C., the Garlic Company, 
Valley Garlic, and Vessey and Company, (``Petitioners'') submitted a 
letter requesting a two-day extension to submit ministerial error 
comments. Accordingly, the Department extended the deadline by two days 
to June 20, 2007, to submit any ministerial error allegations with 
respect to the Final Results. On June 20, 2007, Shanyang filed timely 
clerical error allegations with respect to the Department's antidumping 
duty margin calculation in the Final Results. On June 25, 2007, 
Petitioners filed timely rebuttal comments to Shanyang's clerical error 
allegations.

Scope to Order

    The products covered by this 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, our 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.

Ministerial Errors

    A ministerial error is defined in section 751(h) of the Act and 
further clarified in 19 CFR 351.224(f) as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.''
    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in certain calculations for Shanyang in the Final 
Results. Correction of these errors results in a change to Shanyang's 
final antidumping duty margin. Additionally, the rate change for 
Shanyang also affects the deposit rates for the companies subject to 
the administrative review which are receiving a separate rate.\1\ The 
rate for the PRC-wide entity remains unchanged. For a detailed 
discussion of these ministerial errors, as well as the Department's 
analysis, see ``Memorandum to James C. Doyle, Director, Office 9, 
Import Administration, through Alex Villanueva, Program Manager, Office 
9, Import Administration, from Irene Gorelik, Case Analyst, Office 9, 
Subject: Analysis of Ministerial Error Allegations,'' (July 12, 2007) 
(``Ministerial Error Allegation Memorandum''). the Ministerial Error 
Allegation Memorandum is on file in the Central Records Unit, room B-
099 in the main Department building.
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    \1\ The companies subject to the administrative review which are 
receiving a separate rate are: Fook Huat Tong Kee Foodstuffs Co., 
Ltd.; Heze Ever-Best International Trade Co., Ltd.; Huaiyang Hongda 
Dehydrated Vegetable Company; Linshu Dading Private Agricultural 
Products Co., Ltd.; and Taiyan Ziyang Food Co., Ltd.
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    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of fresh garlic from the PRC. The revised weighted-average 
dumping margins are detailed below. For company-specific calculation, 
see ``Memorandum from Irene Gorelik, Case Analyst, through Alex 
Villanueva, to the File, Subject: Analysis Memorandum for the Amended 
Final Results for Shanyang,'' (July 12, 2007). The revised final 
weighted-average dumping margins are as follows:

       Fresh Garlic From the PRC-Weighted-Average Dumping Margins
------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer exporter                    deposit rate
                                                           (percent)
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Jinxiang Shanyang Freezing Storage Co., Ltd.........               24.73
Fook Huat Tong Kee Foodstuffs Co., Ltd..............                9.84
Heze Ever-Best International Trade Co., Ltd.........                9.84

[[Page 39790]]

 
Huaiyang Hongda Dehydrated Vegetable Company........                9.84
Linshu Dading Private Agricultural Products Co., Ltd                9.84
Taiyan Ziyang Food Co., Ltd.........................                9.84
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    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries based on the amended final results. 
For details on the assessment of antidumping duties on all appropriate 
entries, see Final Results.
    These amended final results are published in accordance with 
section 751(h) and 777(i)(1) of the Act.

    Dated: July 12, 2007.
David A. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 07-3518 Filed 7-19-07; 8:45 am]
BILLING CODE 3510-DS-M