[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7940-7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02537]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Final Results 
of Expedited Fifth Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this expedited review, the U.S. Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
order on fresh garlic (garlic) from the People's Republic of China 
(China) would likely to lead to continuation or recurrence of dumping 
at the levels indicated in the ``Final Results of Review'' section of 
this notice.

DATES: Applicable February 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2022, Commerce published the notice of initiation of 
the sunset review of the AD order on garlic from China, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ On 
October 12, 2022, Commerce received a notice of intent to participate 
from the domestic interested parties \2\ with respect to the Order, 
within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The 
domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as manufacturers of the domestic like 
product in the United States.\4\ On June 1, 2022, the domestic 
interested parties submitted a timely substantive response for this 
sunset review within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response 
from any other interested parties with respect to the Order covered by 
this sunset review.
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    \1\ See Initiation of Five-Year Sunset Reviews, 87 FR 59779 
(October 3, 2022); see also Antidumping Duty Order: Fresh Garlic 
from the People's Republic of China, 59 FR 59209 (November 16, 1994) 
(Order).
    \2\ The domestic interested parties in this sunset review are 
the petitioners, who consist of the Fresh Garlic Producers 
Association and its individual members: Christopher Ranch L.L.C., 
The Garlic Company, and Valley Garlic, Inc.
    \3\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of 
the Antidumping Duty Order on Fresh Garlic from the People's 
Republic of China--Petitioners' Notice of Intent to Participate,'' 
dated October 12, 2022.
    \4\ Id.
    \5\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of 
the Antidumping Duty Order on Fresh Garlic from the People's 
Republic of China--Petitioners' Substantive Response to the 
Department's Notice of Initiation,'' dated November 2, 2022.
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    On November 30, 2022, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties in this sunset review.\6\ 
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) 
sunset review of this Order.
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    \6\ See Commerce's Letter, ``Sunset Reviews for October 2022,'' 
dated November 30, 2022.
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Scope of the Order

    The products covered by the Order are all grades of garlic, whole 
or separated into constituent cloves. For a complete description of the 
scope of the Order, see the Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fifth Sunset Review of the 
Antidumping Duty Order on Fresh Garlic from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(c) of the Act, Commerce 
determines that revocation of the Order would be likely

[[Page 7941]]

to lead to continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins of up to 376.67 percent.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely notification of the 
destruction of APO materials or conversion to judicial protective 
orders is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

    Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-02537 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P