[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: 94-28462]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Antidumping Duty Order: Fresh Garlic From the People's Republic
of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 16, 1994.
FOR FURTHER INFORMATION CONTACT: Jennifer Stagner, Office of
Antidumping Investigations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C., 20230; telephone (202)
482-1673.
Scope of Order
The products subject to this 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 this order does not include: (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.\1\
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\1\Fresh Garlic from the People's Republic of China, Inv. No.
731-TA-683 (Final), USITC Pub. 2825 (November 1994).
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The subject merchandise is used principally as a food product and
for seasoning. The subject garlic is currently classifiable under
subheadings 0703.20.0000, 0710.80.7060, 0710.80.9750, 0711.90.6000, and
2005.90.9500 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 this
proceeding is dispositive.
In order to be excluded from the antidumping duties ordered in this
notice, 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 the Customs Service to
that effect. We invite interested parties to provide suggested language
for the certifications within ten days after publication of this order.
Antidumping Duty Order
In accordance with section 735(a) of the Tariff Act of 1930, as
amended (the Act), on September 19, 1994, the Department of Commerce
(the Department) made its final determination that fresh garlic from
the People's Republic of China (PRC) is being sold at less than fair
value (59 FR 49058, September 26, 1994).
On November 7, 1994, in accordance with section 735(d) of the Act,
the U.S. International Trade Commission (ITC) notified the Department
of its final determination in this investigation. In its determination,
the ITC found three like products: (1) Fresh garlic, defined as garlic
that has been manually harvested and is intended for use as fresh
produce; (2) dehy garlic, defined as garlic that has been mechanically
harvested and that is primarily, but not exclusively, destined for non-
fresh use; and (3) seed garlic, defined as garlic that has been
specially prepared and cultivated prior to planting and then harvested
and otherwise prepared for use as seed. The ITC determined that the
industry in the United States producing fresh garlic, as defined by the
ITC, is materially injured by reason of less than fair value (LTFV)
imports from the PRC, but that critical circumstances do not exist with
regard to such imports. The ITC further determined that the industries
in the United States producing dehy and seed garlic are not materially
injured nor threatened with material injury by reason of LTFV imports
from the PRC.
Regarding fresh garlic, since the ITC determined that imports of
such merchandise are materially injuring a U.S. industry, but that
critical circumstances do not exist with regard to such imports,
retroactive imposition of antidumping duties is not necessary. All
unliquidated entries of fresh garlic from the PRC entered, or withdrawn
from warehouse, for consumption on or after July 11, 1994, the date on
which the Department published its preliminary determination (59 FR
35310), will be liable for the assessment of antidumping duties. The
Department will direct U.S. Customs officers to terminate the
suspension of liquidation for entries of fresh garlic from the PRC
entered, or withdrawn from warehouse, for consumption before July 11,
1994, and to release any bond or other security, and refund any cash
deposit, posted to secure the payment of estimated antidumping duties
with respect to these entries.
In accordance with section 736(a)(1) of the Act, we are directing
the Customs Service to assess antidumping duties equal to the amount by
which the foreign market value of the merchandise exceeds the United
State price for entries of fresh garlic from the PRC. These antidumping
duties will be assessed on all unliquidated entries of fresh garlic
from the PRC, as defined in the ``Scope of Order'' section of this
notice, that are entered, or withdrawn from warehouse, for consumption
on or after July 11, 1994. The Customs Service must require, at the
same time as importers would normally deposit estimated duties, the
following cash deposit for the subject merchandise:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Producer/Exporter margin
percent
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All Manufacturers/Producers/Exporters...................... 376.67
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This notice constitutes the antidumping duty order with respect to
fresh garlic from the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Central Records Unit, room B-099 of
the Main Commerce Building, for copies of an updated list of
antidumping orders currently in effect.
This order is published in accordance with section 736(a) of the
Act (19 U.S.C. 1673b(f)) and 19 CFR 353.21.
Dated: November 10, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-28462 Filed 11-15-94; 8:45 am]
BILLING CODE 3510-DO-P
