[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28279]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-683; Final]
Fresh Garlic From the People's Republic of China
Determination
On the basis of the record1 developed in the subject
investigation, the Commission determines, pursuant to section 735(b) of
the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (the Act), that the
industry in the United States producing fresh garlic2 is
materially injured by reason of imports from the People's Republic of
China (China) of fresh garlic, as defined by the Department of Commerce
(Commerce), that have been found by Commerce to be sold in the United
States at less than fair value (LTFV).3, 14 The Commission also
determines, pursuant to section 735(b)(4)(a), that critical
circumstances do not exist such that it is necessary to impose the duty
retroactively.
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\1\The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
\2\Defined as garlic that has been manually harvested and is
intended for use as fresh produce.
\3\For purposes of this investigation, Commerce has defined
``fresh garlic'' as 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 by heat processing, the foregoing used principally as
a food product and for seasoning. Fresh garlic is provided for in
subheadings 0703.20.00, 0710.80.70, 0710.80.97, 0711.90.60, and
2005.90.95 of the Harmonized Tariff Schedule of the United States,
\4\Commissioner Crawford finds one like product corresponding to
the scope of this investigation as defined by Commerce, and finds
that the industry in the United States producing garlic is
materially injured by reason of LTFV imports from the People's
Republic of China.
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Chairman Watson, Vice Chairman Nuzum, and Commissioners Bragg,
Rohr, and Newquist find that the industry in the United States
producing dehy garlic5 is not materially injured or threatened
with material injury, and the establishment of an industry in the
United States is not materially retarded, by reason of LTFV imports
from China.6 Chairman Watson, Vice Chairman Nuzum, and
Commissioners Bragg, Rohr, and Newquist also find that the industry in
the United States producing seed garlic7 is not materially injured
or threatened with material injury, and the establishment of an
industry in the United States is not materially retarded, by reason of
LTFV imports from China.8
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\5\Defined as garlic that has been mechanically harvested and
that is primarily, but not exclusively, destined for non-fresh use.
\6\Because Commissioner Crawford finds one like product
corresponding to the scope of this investigation as defined by
Commerce, she does not make a separate injury finding for this
industry.
\7\Defined as garlic that has been specially prepared and
cultivated prior to planting and then harvested and otherwise
prepared for use as seed.
\8\Because Commissioner Crawford finds one like product
corresponding to the scope of this investigation as defined by
Commerce, she does not make a separate injury finding for this
industry.
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Background
The Commission instituted this investigation effective July 11,
1994, following a preliminary determination by the Department of
Commerce that imports of fresh garlic from China were being sold at
LTFV within the meaning of section 733(b) of the Act (19 U.S.C.
Sec. 1673b(b)). Notice of the institution of the Commission's
investigation and of a public hearing to be held in connection
therewith was given by posting copies of the notice in the Office of
the Secretary, U.S. International Trade Commission, Washington, DC, and
by publishing the notice in the Federal Register of August 3, 1994 (59
F.R. 39674). The hearing was held in Washington, DC, on September 27,
1994, and all persons who requested the opportunity were permitted to
appear in person or by counsel.
The Commission transmitted its determination in this investigation
to the Secretary of Commerce on November 7, 1994. The views of the
Commission are contained in USITC Publication 2825 (November 1994),
entitled ``Fresh Garlic from the People's Republic of China:
Investigation No. 731-TA-683 (Final).''
Issued: November 7, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-28279 Filed 11-15-94; 8:45 am]
BILLING CODE 7020-02-P
