[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Pages 266-267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33763]


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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 (Department) has determined that 
two requests for a new shipper review (NSR) under 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) is November 1, 2010, through October 31, 2011.

DATES: Effective Date: January 4, 2012.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang and 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-
2316 and (202) 482-0780.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on fresh garlic 
from the PRC in the Federal Register on November 16, 1994. See 
Antidumping Duty Order: Fresh Garlic From the People's Republic of 
China, 59 FR 59209 (November 16, 1994). On November 16, 2011, and 
November 30, 2011, the Department received timely NSR requests from 
Foshan Fuyi Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & 
Export Co., Ltd. (Maycarrier) in accordance with section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c).
    Pursuant to the requirements set forth in 19 CFR 351.214(b), Fuyi 
certified that it is the exporter and Jinxiang Shenglong Trade Co., 
Ltd. (Shenglong) certified that it is the producer of the fresh garlic 
exported by Fuyi; Maycarrier certified that it is the exporter and 
Yishui Hengshun Food Co., Ltd. (YHFC) certified that it is the producer 
of the fresh garlic exported by Maycarrier. Moreover, Fuyi, Shenglong, 
Maycarrier and YHFC each certified that: (1) They did not export fresh 
garlic for sale to the United States during the period of investigation 
(POI); (2) since the investigation was initiated, they have never been 
affiliated with any exporter or producer who exported the subject 
merchandise to the United States during the POI, including those not 
individually examined during the investigation; and (3) their export 
activities are not controlled by the

[[Page 267]]

central government of the PRC. In addition, Fuyi and Maycarrier 
submitted documentation establishing the following: (1) The date on 
which fresh garlic was first entered; and (2) the volume of that and 
subsequent shipments; and (3) the date of the first sale to an 
unaffiliated customer in the United States.
    The Department queried the database of U.S. Customs and Border 
Protection (CBP) in an attempt to confirm that shipments reported by 
Fuyi and Maycarrier had entered the United States for consumption and 
that liquidation had been properly suspended for antidumping duties. 
The information which the Department examined was consistent with that 
provided by Fuyi and Maycarrier in their requests. See Memorandum to 
The File from The Team, ``Fresh Garlic from People's Republic of China: 
Initiation of Antidumping New Shipper Review for Foshan Fuyi Food Co., 
Ltd.''; see also Memorandum to The File from The Team, ``Fresh Garlic 
from People's Republic of China: Initiation of Antidumping New Shipper 
Review for Qingdao Maycarrier Import & Export Co., Ltd.''

Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for an NSR 
initiated in the month immediately following the anniversary month will 
be the twelve-month period immediately preceding the anniversary month. 
Therefore, the POR for this NSR is November 1, 2010, through October 
31, 2011. The sales and entries into the United States of subject 
merchandise exported by Fuyi and Maycarrier and produced by Shenglong 
and YHFC, respectively, occurred during this twelve-month POR.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that the 
requests submitted by Fuyi and Maycarrier meet the threshold 
requirements for initiation of an NSR of their shipments of fresh 
garlic from the PRC. The Department intends to issue the preliminary 
results within 180 days after the date on which these reviews are 
initiated, and final results within 90 days after the date on which 
preliminary results are published, in accordance with 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 Fuyi and Maycarrier which will include a 
separate rate section. The review of the exporter will proceed if the 
response provides sufficient indication that the exporter is not 
subject to either de jure or de facto government control with respect 
to the export of fresh garlic.
    We will instruct CBP 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 certain entries of the subject merchandise 
from Fuyi and Maycarrier in accordance with section 751(a)(2)(B)(iii) 
of the Act and 19 CFR 351.214(e). Specifically, the bonding privilege 
will only apply to entries of subject merchandise exported by Fuyi 
which have been produced by Shenglong, because it certified that the 
sale of subject merchandise documented in its NSR request was produced 
by Shenglong. Likewise, the bonding privilege will only apply to 
entries of subject merchandise exported by Maycarrier which have been 
produced by YHFC, because Maycarrier certified that the subject 
merchandise documented in its NSR request was produced by YHFC.
    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 in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

     Dated: December 23, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-33763 Filed 1-3-12; 8:45 am]
BILLING CODE 3510-DS-P