[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38986-38988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16506]


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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.

[[Page 38987]]

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.

DATES: Effective Date: July 7, 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:

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 May 28, 2010, we received timely 
requests for a new shipper review from Shenzhen Bainong Co. Ltd. 
(Bainong), Yantai Jinyan Trading Co. Ltd. (Jinyan), and Jining Yifa 
Garlic Produce Co., Ltd. (Yifa) in accordance with 19 CFR 351.214(c) 
and 351.214(d)(2). Jinyan and Yifa have each certified that they are 
both the producer and exporter of all of the fresh garlic they exported 
to the United States, which is the basis for their requests for a new 
shipper review. Bainong has certified that it is the exporter of the 
fresh garlic it exported to the United States, while Mingkai Garlic 
Industry Co. Ltd. (Mingkai) is the producer of the fresh garlic 
exported by Bainong.
    Pursuant to the requirements set forth in 19 CFR 351.214(b)(2), in 
their requests for a new shipper review, Bainong, Jinyan, and Yifa each 
certified that (1) they did not export fresh garlic to the United 
States during the period of investigation (POI); (2) since the 
initiation of the investigation, they have 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) their export activities are 
not controlled by the central government of the PRC. In addition, 
Mingkai, the producer of the subject merchandise for Bainong, certified 
that it did not export the subject merchandise to the United States 
during the POI. In accordance with 19 CFR 351.214(b)(2)(iv), Bainong, 
Jinyan, and Yifa submitted documentation establishing the following: 
(1) The date on which each company 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 the first shipment; and (3) the date of the first sale to an 
unaffiliated customer in the United States.

Periods of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(B), the period of review 
(POR) for new shipper reviews initiated in the month immediately 
following the semi-annual anniversary month will be the six-month 
period immediately preceding the semiannual anniversary month. 
Therefore, under this order, the POR is November 1, 2009 through April 
30, 2010. The sales and entries into the United States of subject 
merchandise exported by Bainong and Yifa occurred during this six-month 
POR. Therefore, the POR for these new shippers is November 1, 2009 
through April 30, 2010.
    When the sale of the subject merchandise occurs within the POR 
specified by the Department's regulations but the entry occurs after 
the POR, the specified 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. See 19 CFR 351.214(f)(2)(ii). Additionally, 
the preamble to the Department's regulations states that both the entry 
and the sale should occur during the POR, but 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, 
Jinyan's sale of subject merchandise was made during the POR specified 
by the Department's regulations but the shipment entered almost a month 
after the end of that POR. In its request for a new shipper review, 
Jinyan requested that the Department extend the POR for its NSR to 
capture its entry. The Department finds that extending the POR to 
capture this entry would not prevent the completion of the review 
within the time limits set by the Department's regulations. Therefore, 
the Department has extended the POR for Jinyan's new shipper review by 
one month, making the POR for Jinyan November 1, 2009 through May 31, 
2010.

Initiation of New Shipper Reviews

    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 Bainong, Jinyan, and Yifa 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--
Bainong, Fresh Garlic from the People's Republic of China: Initiation 
of Antidumping New Shipper Review--Jinyan, and Fresh Garlic from the 
People's Republic of China: Initiation of Antidumping New Shipper 
Review--Yifa, 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 Bainong, Jinyan, and Yifa, which will include a separate rate 
section. The review will proceed if the response provides sufficient 
indication that Bainong, Jinyan, and Yifa 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 Bainong, Jinyan, and Yifa in accordance 
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). 
Because Jinyan and Yifa 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 
Jinyan and Yifa only for subject merchandise which Jinyan and Yifa each 
both produced and exported. Because Bainong certified that its subject 
merchandise was produced by Mingkai, we will apply the bonding 
privilege to Bainong only for subject merchandise produced by Mingkai.
    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.

[[Page 38988]]

    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: June 30, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-16506 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P