[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 777-778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-81]
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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 Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 1, 2011, the Department of Commerce (the
Department) initiated the third sunset review of the antidumping duty
order fresh garlic from the People's Republic of China (``PRC''),
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). The Department has conducted an expedited (120-day) sunset review
for this 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 this sunset review, the
Department finds that revocation of the antidumping duty order would be
likely to lead to continuation or recurrence of dumping.
DATES: Effective Date: January 6, 2012.
FOR FURTHER INFORMATION: 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 Act. See
Initiation of Five-Year (``Sunset'') Review, 76 FR 54430 (September 1,
2011). The Department received a notice of intent to participate from
the Fresh Garlic Producers Association and its individual members:
Christopher Ranch LLC; The Garlic Company; Valley Garlic, Inc.; and
Vessey and Company, Inc. (collectively ``the domestic interested
parties'''), within the deadline specified in 19 CFR 351.218(d)(1)(i).
The domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as domestic producers and packagers of
fresh garlic and a trade association whose members produce and process
a domestic like product in the United States. The Department received
an adequate substantive response to the notice of initiation from the
domestic interested parties within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i). We received no responses from the respondent
interested parties. As a result, pursuant to section 751(c)(5)(A) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an
expedited (120-day) sunset review of the order.
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
[[Page 778]]
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, 0711.90.6000, and 2005.90.9700 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). 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.
Analysis of Comments Received
All issues raised in this review is addressed in the ``Issues and
Decision Memorandum for the Final Results of Expedited Sunset Review of
the Antidumping Duty Order on Fresh Garlic from the People's Republic
of China'' from Gary Taverman, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Susan Kuhbach,
Acting Assistant Secretary for Import Administration, dated
concurrently with this notice (``Decision Memorandum''), which is
hereby adopted by this notice. The issues discussed in the Decision
Memorandum consist of the likelihood of continuation or recurrence of
dumping and the magnitude of the margins likely to prevail if the
orders were revoked. Parties can find a complete discussion of all
issues raised in this review and corresponding recommendations in this
public memorandum, which is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit, room 7046 of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at http://ia.ita.doc.gov/frn.
The signed Decision Memo and the electronic versions of the Decision
Memo are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order on fresh
garlic from the PRC would be likely to lead to continuation or
recurrence of dumping. We determine that the following weighted-average
percentage margin is likely to prevail:
------------------------------------------------------------------------
Weighted
Manufacturers/exporters/ producers average
margin
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PRC-Wide..................................................... 376.67%
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This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or 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.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 29, 2011.
Susan Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-81 Filed 1-5-12; 8:45 am]
BILLING CODE 3510-DS-P