[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 343-344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31316]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that three timely requests for a new shipper review of the antidumping 
duty order on fresh garlic from the People's Republic of China (PRC), 
meet the statutory and regulatory requirements for initiation. The 
period of review (POR) of these new shipper reviews is November 1, 2008 
through October 31, 2009.

EFFECTIVE DATE: January 5, 2010.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, 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.

SUPPLEMENTARY INFORMATION:

[[Page 344]]

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the PRC was published on November 16, 1994. See Antidumping Duty 
Order: Fresh Garlic from the People's Republic of China, 59 FR 59209 
(November 16, 1994) (Order). On November 27, 2009, the Department 
received timely requests for a new shipper review from Jinxiang Chengda 
Imp & Exp Co., Ltd. (Chengda) and Jinxiang Yuanxin Imp & Exp Co., Ltd. 
(Yuanxin), and on December 1, 2009 the Department received a timely 
request from Zhengzhou Huachao Industrial Co., Ltd. (Huachao) in 
accordance with 19 CFR 351.214(c) and 351.214(d)(1). Chengda, Yuaxin 
and Huachao have each certified that it is both the producer and 
exporter of all of the fresh garlic they exported to the United States, 
which is the basis for its request for a new shipper review.
    Pursuant to the requirements set forth in 19 CFR 351.214(b)(2)(i), 
in their requests for a new shipper review, Chengda, Yuaxin, and 
Huachao each certified that (1) it did not export fresh garlic to the 
United States during the period of investigation (POI); (2) since the 
initiation of the investigation, it has never been affiliated with any 
company that exported subject merchandise to the United States during 
the POI, including any exporter or producer not individually examined 
during the investigation; and (3) its export activities are not 
controlled by the central government of the PRC. In accordance with 19 
CFR 351.214(b)(2)(iv), Chengda, Yuaxin, and Huachao submitted 
documentation establishing the following: (1) the date on which it 
first shipped fresh garlic for export to the United States and the date 
on which fresh garlic was first entered, or withdrawn from warehouse, 
for consumption; (2) the volume of its first shipment; and (3) the date 
of its first sale to an unaffiliated customer in the United States.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.214(d)(1), we find that the requests 
submitted by Chengda, Yuaxin, and Huachao meet the threshold 
requirements for initiation of a new shipper review for shipments of 
fresh garlic from the PRC. See Memoranda to the File through Barbara E. 
Tillman, Director, AD/CVD Operations, Office 6, Fresh Garlic from the 
People's Republic of China: Initiation of Antidumping New Shipper 
Review-Yuanxin, Fresh Garlic from the People's Republic of China: 
Initiation of Antidumping New Shipper Review-Chengda, and Fresh Garlic 
from the People's Republic of China: Initiation of Antidumping New 
Shipper Review-Huachao, each dated concurrently with this notice. See 
19 CFR 351.214(g)(1)(i)(A).
    The Department will conduct these reviews according to the 
deadlines set forth in section 751(a)(2)(B)(iv) of the Act. It is the 
Department's usual practice, in cases involving non-market economies, 
to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate provide 
evidence of de jure and de facto absence of government control over the 
company's export activities. Accordingly, we will issue questionnaires 
to Chengda, Yuaxin, and Huachao, which will include a separate rate 
section. The review will proceed if the response provides sufficient 
indication that Chengda, Yuaxin, and Huachao are each not subject to 
either de jure or de facto government control with respect to the 
export of fresh garlic.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Chengda, Yuaxin, and Huachao in 
accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e). Because Chengda, Yuaxin, and Huachao each certified that it 
both produced and exported the subject merchandise, the sale of which 
is the basis for this new shipper review request, we will apply the 
bonding privilege to Chengda, Yuaxin, and Huachao only for subject 
merchandise which Chengda, Yuaxin, and Huachao each both produced and 
exported.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: December 29, 2009.
Susan Kuhbach,
Senior Director, Office 1 for Antidumping and Countervailing Duty 
Operations.
[FR Doc. E9-31316 Filed 1-4-10; 8:45 am]
BILLING CODE 3510-DS-S