[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38979-38981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15465]


-----------------------------------------------------------------------

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: July 8, 2008.
SUMMARY: The Department of Commerce (Department) has determined that 
six timely requests for new shipper reviews (NSRs) of the antidumping 
duty order on fresh garlic from the People's Republic of China (PRC) 
meet the statutory and regulatory requirements for initiation. For 
three of the six NSRs which the Department is initiating, the period of 
review (POR) is November 1, 2007 through April 30, 2008. For the 
remaining three NSRs where the shipments entered after the POR, the 
Department is initiating and extending the POR by forty days, pursuant 
to 19 CFR 351.214(f)(2)(ii).

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Elfi Blum, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-0197, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 38980]]

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 May 22, May 23, May 27, and May 30, 2008, 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 six timely requests for new 
shipper reviews (NSR) from Jinxiang Hejia Co., Ltd (Hejia), Weifang 
Chenglong Import & Export Co., Ltd. (Chenglong), Jinxiang Tianheng 
Trade Co., Ltd (Tianheng), Juye Homestead Fruits and Vegetables Co., 
Ltd. (Juye Homestead), Chengwu County Yuanxiang Industry & Commerce, 
Ltd. (Chengwu), and Shandong Jinxiang Zhengyang Import & Export Co., 
Ltd. (Zhengyang), respectively. Five companies certified that they are 
both the producer and exporter of the subject merchandise upon which 
the requests for NSRs were based. One company, Chenglong, certified 
that it is the exporter of Jianxiang County Jichao Farm Business Co., 
Ltd. (Jichao), producer of the subject merchandise.
---------------------------------------------------------------------------

    \1\ Therefore, a request for a NSR based on the semi-annual 
anniversary month, May, was due to the Department by the final day 
of May 2008. See 19 CFR 351.214(d)(1).
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu, 
and Zhengyang 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), Hejia, Chenglong, Tianheng, Juye Homestead, 
Chengwu, and Zhengyang 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), Hejia, Chenglong, Tianheng, 
Juye Homestead, Chengwu, and Zhengyang, also certified that their 
export activities were not controlled by the central government of the 
PRC.
    Pursuant to 19 CFR 351.214(b)(2)(ii)(B), Jichao, the producer of 
the subject merchandise for Chenglong during the POR, certified that it 
did not export to the United States during the POI, and has never been 
affiliated with any exporter or producer who exported the subject 
merchandise to the United States during the POI.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Hejia, Chenglong, Tianheng, Juye Homestead, 
Chengwu, and Zhengyang submitted documentation establishing the 
following: (1) the date on which Hejia, Chenglong, Tianheng, Juye 
Homestead, Chengwu, and Zhengyang 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.
---------------------------------------------------------------------------

    \2\ Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu, and 
Zhengyang made no subsequent shipments to the United States.
---------------------------------------------------------------------------

    The Department conducted CBP database queries and confirmed that 
Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu, and Zhengyang'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 confirmed by 
examining the CBP data that such entries were made during the NSR POR, 
or shortly thereafter. See Memorandum to File: New Shipper Review of 
Fresh Garlic from the People's Republic of China, Placing CBP data on 
the record, dated concurrently with this notice. Under 19 CFR 
351.214(f)(2)(ii), when the sale of the subject merchandise occurs 
within the period of review (POR), but the entry occurs after the 
normal POR, the POR may be extended unless it would be likely to 
prevent the completion of the review within the time limits set by the 
Department's regulations. The preamble to the Department's regulations 
states that both the entry and the sale should occur during the POR, 
and that under ``appropriate'' circumstances the Department has the 
flexibility to extend the POR. See Antidumping Duties; Countervailing 
Duties; Final Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this 
instance, for three of the exporters requesting a NSR, the sales were 
made during the POR but the shipments entered shortly after the end of 
the POR. The exporters provided documentation showing the date of entry 
following the end of the POR. It is appropriate for the Department to 
extend the POR by forty days. The Department does not find that this 
delay would prevent the completion of the review within the time limits 
set by the Department's regulations.

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 Hejia, Chenglong, Tianheng, 
Juye Homestead, Chengwu, and Zhengyang meet the threshold requirements 
for initiation of a NSR for their shipments of fresh garlic from the 
PRC. See Memorandum to File: Initiation of AD New Shipper Review: Fresh 
Garlic from the People's Republic of China, and the attached New 
Shipper Initiation Checklists, dated concurrently with this notice.
    The POR for the three NSRs with shipments which entered during the 
POR is November 1, 2007 through April 30, 2008. See 19 CFR 
351.214(g)(1)(i)(B). As discussed above, under 19 CFR 
351.214(f)(2)(ii), when the sale of the subject merchandise occurs 
within the POR, but the entry occurs after the normal POR, the POR may 
be extended. Therefore, the POR for the NSR of the remaining three 
exporters and producers discussed above will be November 1, 2007 
through May 31, 2008. The Department intends to issue the preliminary 
results of these reviews no later than 180 days from the date of 
initiation, and the 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)(2)(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 Hejia, 
Chenglong, Tianheng, Juye Homestead, Chengwu, and Zhengyang 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).


[[Page 38981]]


    Dated: June 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-15465 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DS-S