[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Notices]
[Pages 70621-70622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27754]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Partial 
Rescission of the 13\th\ Antidumping Duty Administrative Review

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

EFFECTIVE DATE: November 21, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Summer Avery, 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) 482-0780 
or (202) 482-4052, respectively.

Background

    On December 27, 2007, the Department published a notice of 
initiation of an administrative review of fresh garlic from the 
People's Republic of China (``PRC''), covering the period November 1, 
2006, through October 31, 2007. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27, 
2007) (Initiation Notice).
    On June 24, 2008, the Fresh Garlic Producers Association (``FGPA'') 
and its individual members\1\ (collectively, ``Petitioners'') partially 
withdrew their request for review of certain companies in this 
administrative review. On June 26, 2008, Petitioners submitted an 
amended partial withdrawal of request for review. In total, Petitioners 
withdrew their request for an administrative review for twenty-eight 
companies (see Attachment 1).
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    \1\ The individual members of the FGPA are Christopher Ranch 
L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, 
Inc.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. Further 
pursuant to 19 CFR 351.213(d)(1), the Department is permitted to extend 
this time limit if reasonable to do so. On March 27, 2008, the 
Department extended the deadline for the withdrawal of review requests 
to 30 days after the Department's receipt of the last response to the 
Department's initial questionnaire filed by any selected respondent in 
this review. On June 20, 2008, the Department further extended the 
deadline for the withdrawal of review requests to July 7, 2008.
    Therefore, because Petitioners' withdrawal of requests for review 
was timely and no other party requested a review of the aforementioned 
companies, in accordance with 19 CFR 351.213(d)(1), we are rescinding 
this review with respect to the twenty-eight companies named in 
Attachment 1. In addition, the Initiation Notice inadvertently included 
two companies that were not included in Petitioners' original request 
for review, i.e., Anqui Friend Food Co., Ltd. (``Anqui Friend'') and 
Anqui Haoshun Trade Co., Ltd. (``Anqui Haoshun''). No other party 
requested a review of these two companies. Therefore, we are also 
rescinding the review of Anqui Friend and Anqui Haoshun. Thus, in sum, 
we are rescinding the review with respect to thirty companies.

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review has been rescinded and which have 
a separate rate, antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice. For those companies for which this review has been 
rescinded but do not have a separate rate at this time (and thus remain 
part of the PRC-wide entity), the Department will issue assessment 
instructions upon the completion of this administrative review.

[[Page 70622]]

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
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 this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which may be subject to sanctions.
    This notice is issued and published in accordance with section 
777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: November 17, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.

Attachment 1

    1. Anqiu Haoshun Trade Co., Ltd.;
    2. Golden Bridge International, Inc.;
    3. Hebei Golden Bird Trading Co., Ltd.;
    4. Henan Weite Industrial Co., Ltd.;
    5. Henan Xingchang Sunny Foodstuff;
    6. Heze Ever-Best International Trade Co., Ltd. (f/k/a Shandong 
Heze International Trade and Developing Company);
    7. Huaiyang Hongda Dehydrated Vegetable Company;
    8. Jinan Yipin Corporation, Ltd.;
    9. Jinxiang Shanyang Freezing Storage Co., Ltd.;
    10. Jinxiang Tianma Freezing Storage Co., Ltd.;
    11. Jining Yongjia Trade Co., Ltd.;
    12. Linshu Dading Private Agricultural Products Co., Ltd.;
    13. Qingdao Aobeilin Import & Export Co.;
    14. Qingdao Camel Trading Co., Ltd.;
    15. Qingdao Longyuan Aquatic Products;
    16. Qingdao Oasis International Trade Co.;
    17. Qingdao Titan Shipping LLC;
    18. Shandong Longtai Fruits and Vegetables Co., Ltd.;
    19. Shandong Wonderland Organic Food Co., Ltd.;
    20. Shanghai Ever Rich Trade Company;
    21. Shenzhen Fanhui Import & Export Co., Ltd.;
    22. Shenzhen Xinboda Industrial Co., Ltd.;
    23. Sunny Import & Export Limited;
    24. Taian Fook Huat Tong Kee Pte. Ltd.;
    25. Taiyan Ziyang Food Co., Ltd.;
    26. Weifang Hongqiao International Logistic Co., Ltd.;
    27. XuZhou Simple Garlic Industry Co., Ltd.; and
    28. Zhengzhou Harmoni Spice Co., Ltd.
[FR Doc. E8-27754 Filed 11-20-08; 8:45 am]
BILLING CODE 3510-DS-S