[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Page 28355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11609]



[[Page 28355]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determination by the Department of Commerce 
(``the Department'') and the International Trade Commission (``ITC'') 
that revocation of the antidumping duty order on fresh garlic from the 
People's Republic of China (``PRC'') would be likely to lead to 
continuation or recurrence of dumping and of material injury to an 
industry in the United States within a reasonably foreseeable time, the 
Department is publishing notice of the continuation of the antidumping 
duty order.

DATES: Effective Date: April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein, 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-
3964 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2011, the Department published the notice of 
initiation of the third sunset review of the antidumping duty order on 
fresh garlic from the PRC pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (Act).\1\ The Department conducted an expedited 
sunset review of this order. As a result of its review, the Department 
found that revocation of the antidumping duty order would be likely to 
lead to continuation or recurrence of dumping and notified the ITC of 
the magnitude of the margins likely to prevail were the order to be 
revoked.\2\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 54430 
(September 1, 2011).
    \2\ See Fresh Garlic from the People's Republic of China: Final 
Results of Expedited Sunset Review of the Antidumping Duty Order, 77 
FR 777 (January 6, 2012).
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    On April 27, 2012, the ITC issued its determination pursuant to 
section 751(c) of the Act that revocation of the antidumping duty order 
on fresh garlic from the PRC would be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \3\ See Fresh Garlic From China; Determination, 77 FR 26579 (May 
4, 2012).
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Scope of the Order

    The products subject to the antidumping duty order are all grades 
of garlic, whole or separated into constituent cloves, whether or not 
peeled, fresh, chilled, frozen, provisionally preserved, or packed in 
water or other neutral substance, but not prepared or preserved by the 
addition of other ingredients or heat processing. The differences 
between grades are based on color, size, sheathing, and level of decay.
    The scope of the order does not include the following: (a) Garlic 
that has been mechanically harvested and that is primarily, but not 
exclusively, destined for non-fresh use; or (b) garlic that has been 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed.
    The subject merchandise is used principally as a food product and 
for seasoning. The subject garlic is currently classifiable under 
subheadings 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6500, and 2005.99.9700 of the Harmonized Tariff 
Schedule of the United States (``HTSUS'').\4\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive. In order 
to be excluded from the antidumping duty order, garlic entered under 
the HTSUS subheadings listed above that is (1) mechanically harvested 
and primarily, but not exclusively, destined for non-fresh use or (2) 
specially prepared and cultivated prior to planting and then harvested 
and otherwise prepared for use as seed must be accompanied by 
declarations to U.S. Customs and Border Protection to that effect.
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    \4\ Effective January 10, 2002, HTSUS subheading 0711.90.60 was 
replaced by 0711.90.65. See Proclamation 7515--To Modify the 
Harmonized Tariff Schedule of the United States, To Provide Rules of 
Origin Under the North American Free Trade Agreement for Affected 
Goods, and for Other Purposes, 66 FR 66549 (December 26, 2001). 
Effective February 3, 2007, HTSUS subheading 2005.90.97 was replaced 
by 2005.99.97. See Proclamation 8097--To Modify the Harmonized 
Tariff Schedule of the United States, To Adjust Rules of Origin 
Under the United States-Australia Free Trade Agreement and for Other 
Purposes By the President of the United States of America, 72 FR 453 
(January 4, 2006).
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Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping and of material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on fresh garlic from the PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of the order will be the 
effective date listed above. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of this continuation of the antidumping duty order.
    This five-year (sunset) review and this notice are in accordance 
with sections 751(c) and 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: May 8, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-11609 Filed 5-11-12; 8:45 am]
BILLING CODE 3510-DS-P