[Federal Register Volume 73, Number 1 (Wednesday, January 2, 2008)]
[Notices]
[Page 161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25499]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Initiation of 
Antidumping Duty New Shipper Reviews

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

EFFECTIVE DATE: January 2, 2008.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that three requests for new shipper reviews (``NSRs'') of the 
antidumping duty order on fresh garlic from the People's Republic of 
China (``PRC''), received on November 20 and November 30, 2007, 
respectively, meet the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for the three NSRs which the 
Department is initiating is November 1, 2006, through October 31, 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, N.W., 
Washington, D.C. 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the PRC was published in the Federal Register on November 16, 
1994. See Notice of Antidumping Duty Order: Fresh Garlic from the 
People's Republic of China, 59 FR 59209 (November 16, 1994) 
(``Order'').\1\ On November 20 and November 30, 2007, pursuant to 
section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.214(c), the Department received three new 
shipper review (``NSR'') requests from Anqiu Haoshun Trade Co., Ltd., 
(``Haoshun''), Ningjin Ruifeng Foodstuff Co., Ltd. (``Ningjin''), and 
Zhengzhou Yuanli Trading Co., Ltd. (``Yuanli''), respectively. All 
three companies certified that they are both the producer and exporter 
of the subject merchandise upon which the requests for NSRs were based.
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    \1\ Therefore, a request for a NSR based on the annual 
anniversary month, November, was due to the Department by the final 
day of November 2007. See 19 CFR 351.214(d)(1).
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    On December 4, 2007, the Department documented a phone call to 
Haoshun's consultant regarding the erroneous POR identified in the 
caption of Haoshun's NSR request. On December 5, 2007, the Department 
issued a letter to Haoshun requesting further information that was not 
contained within its NSR request. On December 10, 2007, Haoshun 
submitted certifications, pursuant to 19 CFR 351.214(b)(2)(ii)(B) and a 
correction to the POR indicated in the caption of its request.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Haoshun, Ningjin, and Yuanli certified that they did 
not export fresh garlic to the United States during the period of 
investigation (``POI''). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Haoshun, Ningjin, and Yuanli certified that, since the initiation of 
the investigation, they have never been affiliated with any PRC 
exporter or producer who exported fresh garlic to the United States 
during the POI, including those not individually examined during the 
investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Haoshun, 
Ningjin, and Yuanli also certified that their export activities were 
not controlled by the central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Haoshun, Ningjin, and Yuanli submitted 
documentation establishing the following: (1) the date on which 
Haoshun, Ningjin, and Yuanli first shipped fresh garlic for export to 
the United States and the date on which the fresh garlic was first 
entered, or withdrawn from warehouse, for consumption; (2) the volume 
of their first shipment;\2\ and (3) the date of their first sale to an 
unaffiliated customer in the United States.
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    \2\ Haoshun, Ningjin, and Yuanli made no subsequent shipments to 
the United States.
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    The Department conducted CBP database queries in an attempt to 
confirm that Haoshun, Ningjin, and Yuanli's shipments of subject 
merchandise had entered the United States for consumption and that 
liquidation of such entries had been properly suspended for antidumping 
duties. The Department also examined whether the CBP data confirmed 
that such entries were made during the NSR POR.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Haoshun, Ningjin, and Yuanli 
meet the threshold requirements for initiation of a NSR for the 
shipment of fresh garlic from the PRC they produced and exported. See 
Memorandum to File from Irene Gorelik, Senior Analyst, through Alex 
Villanueva, Program Manager, Office 9, Initiation of AD New Shipper 
Review: Fresh Garlic from the People's Republic of China (A-570-831), 
(December xx, 2007) (``NSR Initiation Memo'').
    The POR for the three NSRs is November 1, 2006, through October 31, 
2007. See 19 CFR 351.214(g)(1)(i)(A). The Department intends to issue 
the preliminary results of these reviews no later than 180 days from 
the date of initiation, and final results of these reviews no later 
than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) 
of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (``H.R. 4'') 
was signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews. Therefore, 
the posting of a bond under section 751(a)(B)(iii) of the Act in lieu 
of a cash deposit is not available in this case. Importers of fresh 
garlic from the PRC manufactured and/or exported by Haoshun, Ningjin, 
and Yuanli must continue to post cash deposits of estimated antidumping 
duties on each entry of subject merchandise at the current PRC-wide 
rate of 376.67 percent.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    December 21, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-25499 Filed 12-31-07; 8:45 am]
BILLING CODE 3510-DS-S