[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33570-33571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11061]


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

SUMMARY: As a result of determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
in their five-year (sunset) review that revocation of the antidumping 
duty (AD) order on fresh garlic from the People's Republic of China 
(China) would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States. Therefore, 
Commerce is publishing a notice of continuation of the AD order on 
fresh garlic from China.

DATES: Applicable May 24, 2023.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, 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 November 16, 1994, Commerce published the AD order on imports of 
fresh garlic from China.\1\ On October 3, 2022, the ITC instituted,\2\ 
and Commerce initiated \3\ the fifth five-year (sunset) review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act). Commerce conducted an expedited (120-day) sunset review of 
the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of its review, Commerce 
determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and, therefore, Commerce notified the ITC of the 
magnitude of the margin likely to prevail were the Order to be 
revoked.\4\
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    \1\ See Antidumping Duty Order: Fresh Garlic from the People's 
Republic of China, 59 FR 5209 (November 16, 1994) (Order).
    \2\ See Fresh Garlic from China; Institution of a Five-Year 
Review, 87 FR 59824 (October 3, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 
(October 3, 2022).
    \4\ See Fresh Garlic from the People's Republic of China: Final 
Results of the Expedited Fifth Review of the Antidumping Duty Order, 
88 FR 7940 (February 7, 2023).
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    On May 17, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Fresh Garlic from the People's Republic of China, 
Investigation No. 731-TA-683 (Fifth Review), 88 FR 31525 (May 17, 
2023).
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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, 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 
this 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: 0703.20.0005, 0703.20.0010, 
0703.20.0015, 0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060, 
0710.80.97500, 0711.90.6000, 0711.90.6500, 2005.90.9500, 2005.90.9700, 
and 2005.99.9700 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the Order is 
dispositive. To be excluded from the 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the Order will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of this Order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

[[Page 33571]]

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction or conversion to judicial 
protective order of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Failure to comply with the 
regulations and terms of an APO is a violation which may be subject to 
sanctions.

Notification to Interested Parties

    This five-year (sunset) review and notice are in accordance with 
sections 751(c) and (d)(2) and 777(i)(1) the Act, and published in 
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: May 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11061 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P