97-16247. Fresh Garlic From the People's Republic of China; Preliminary Results of Antidumping Duty Administrative Review  

  • [Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
    [Notices]
    [Pages 33601-33603]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-16247]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [A-570-831]
    
    
    Fresh Garlic From the People's Republic of China; Preliminary 
    Results of Antidumping Duty Administrative Review
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    ACTION: Notice of preliminary results of Antidumping Duty 
    Administrative Review.
    
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    SUMMARY: In response to requests by the petitioner, the Fresh Garlic 
    Producers Association and its individual members, and an importer, the 
    Department of Commerce is conducting an administrative review of the 
    antidumping duty order on fresh garlic from the People's Republic of 
    China. The period of review is November 1, 1995, through October 31, 
    1996. Petitioner requested a review of eight exporters. Haitai America, 
    Inc., a U.S. importer, requested a review of sales of its exporter/
    producer Rizhao Hanxi Fisheries & Comprehensive Development Co., Ltd. 
    Because we have determined that one named respondent has failed to 
    submit a complete response to our questionnaire and the remaining named 
    respondents failed to respond at all to our questionnaires, we have 
    preliminarily determined to use facts otherwise available for cash 
    deposit and assessment purposes for all producers/exporters of the 
    subject merchandise.
        Interested parties are invited to comment on these preliminary 
    results. Parties who submit comments are requested to submit with each 
    argument (1) a statement of the issue and (2) a brief summary of the 
    argument.
    
    EFFECTIVE DATE: June 20, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Andrea Chu or Thomas O. Barlow, Office 
    of AD/CVD Enforcement, Import Administration, International Trade 
    Administration, U.S. Department of Commerce, 14th Street and 
    Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
    4733.
    
    SUPPLEMENTARY INFORMATION:
    
    Applicable Statute
    
        Unless otherwise indicated, all citations to the statute are 
    references to the provisions effective January 1, 1995, the effective 
    date of the amendments made to the Tariff Act of 1930 (the Act) by the 
    Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
    indicated, all citations to the Department's regulations are to the 
    current regulations, as amended by the interim regulations published in 
    the Federal Register on May 11, 1995 (60 FR 25130).
    
    Background
    
        On November 4, 1996, the Department published in the Federal 
    Register (61 FR 56663) a notice of ``Opportunity to Request an 
    Administrative Review'' of the antidumping duty order (59 FR 59209, 
    November 16, 1994) on fresh garlic from the PRC. On November 27, 1996, 
    petitioner requested an administrative review of eight producers/
    exporters of this merchandise
    
    [[Page 33602]]
    
    to the United States. On December 2, 1996, Haitai America, a U.S. 
    importer of the merchandise, requested a review of its exporter/
    producer, Rizhao Hanxi Fisheries & Comprehensive Development Co., Ltd. 
    (Rizhao). We published a notice of initiation of this review on 
    December 16, 1996 (61 FR 66017), and on January 17, 1997, we sent 
    questionnaires to the Embassy of the PRC, the Ministry of Foreign Trade 
    and Economic Cooperation (MOFTEC) and the nine respondent firms named 
    in the initiation notice.
    
    Scope of the Review
    
        The products covered by this review 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.
        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 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 the Customs Service to that effect.
    
    Use of Facts Otherwise Available
    
        On January 17, 1997, we sent questionnaires to the Embassy of the 
    PRC, MOFTEC and the nine respondent firms named in the initiation 
    notice. We did not receive a response from either the PRC embassy or 
    MOFTEC. Only one respondent, Rizhao, has responded to any part of our 
    antidumping questionnaire. However, Rizhao did not provide factors-of-
    production data and therefore has not provided a response with 
    sufficient information to enable us to proceed with our dumping 
    analysis. We also do not have any information on the record with regard 
    to the other eight named respondents. Therefore, we must rely on facts 
    otherwise available in accordance with section 776(a) of the Act for 
    these preliminary results of review.
        Because necessary information is not available on the record with 
    regard to sales by the named respondent firms, as a result of their 
    withholding the requested information, we are preliminarily determining 
    to apply antidumping duties based on facts otherwise available pursuant 
    to section 776(a) of the Act. In addition, the Department finds that, 
    in not responding completely or at all to our antidumping 
    questionnaire, the firms failed to cooperate by not acting to the best 
    of their ability to comply with requests for information from the 
    Department.
        Where the Department must resort to the facts otherwise available, 
    section 776(b) of the Act authorizes the Department to use an inference 
    adverse to the interests of that respondent in choosing facts 
    available. Section 776(b) of the Act also authorizes the Department to 
    use, as adverse facts available, information derived from the petition, 
    the final determination, a previous administrative review, or other 
    information placed on the record. Because information from the petition 
    and prior segments of the proceeding constitutes secondary information, 
    section 776(c) of the Act provides that the Department shall, to the 
    extent practicable, corroborate that secondary information from 
    independent sources reasonably at its disposal. The Statement of 
    Administrative Action (SAA) provides that ``corroborate'' means simply 
    that the Department will satisfy itself that the secondary information 
    to be used has probative value.
        In this case, we are using as facts available the PRC-wide rate 
    determined for companies involved in the less-than-fair-value 
    investigation (376.67 percent). Although that rate constitutes 
    secondary information, the information has already been corroborated in 
    a prior review. See Final Results of Administrative Review: Fresh 
    Garlic from the People's Republic of China, 61 FR 68229 (December 27, 
    1996). There is no evidence that would warrant revisiting that issue in 
    this review. Moreover, we have preliminarily determined that the non-
    responsive companies do not merit separate rates. See, e.g., Natural 
    Bristle Paint Brushes and Brush Heads From the People's Republic of 
    China; Preliminary Results of Antidumping Duty Administrative Review, 
    61 FR 57390 (November 6, 1996). Although Rizhao answered the separate-
    rates and sales portions of the questionnaire, it failed to provide 
    factors of production data and therefore we do not have sufficient 
    data. Accordingly, Rizhao will receive the PRC-wide rate of 376.67 
    percent.
    
    Preliminary Results of the Review
    
        As a result of our review, we preliminarily determine that a margin 
    of 376.67 percent exists for all producers/exporters of the subject 
    merchandise for the period November 1, 1995, through October 31, 1996.
        Parties to the proceeding may request disclosure within 5 days of 
    the date of publication of this notice. Any interested party may 
    request a hearing within 10 days of publication. Any hearing, if 
    requested, will be held 44 days after the publication of this notice or 
    the first workday thereafter. Interested parties may submit case briefs 
    within 30 days of the date of publication of this notice. Rebuttal 
    briefs, which must be limited to issues raised in the case briefs, may 
    be filed not later than 37 days after the date of publication. The 
    Department will issue a notice of final results of this administrative 
    review, which will include the results of its analysis of issues raised 
    in any such comments, within 120 days of publication of these 
    preliminary results.
        The Department will determine, and the Customs Service will assess, 
    antidumping duties on all appropriate entries. Upon completion of this 
    review, the Department will issue appraisement instructions directly to 
    the Customs Service.
        Furthermore, the following deposit rates will be effective upon 
    publication of the final results of this administrative review for all 
    shipments of fresh garlic from the PRC entered, or withdrawn from 
    warehouse, for consumption on or after the publication date, as 
    provided for by section 751(a)(2)(c) of the Act: for all PRC exporters 
    and for all non-PRC exporters of subject merchandise from the PRC, the 
    cash deposit rate will be the PRC-wide rate established in the final 
    results of this review.
        These deposit rates, when imposed, shall remain in effect until 
    publication of the final results of the next administrative review.
        This notice also serves as a preliminary reminder to importers of 
    their responsibility under 19 CFR 353.26 to file a certificate 
    regarding the reimbursement of antidumping duties
    
    [[Page 33603]]
    
    prior to liquidation of the relevant entries during this review period. 
    Failure to comply with this requirement could result in the Secretary's 
    presumption that reimbursement of antidumping duties occurred and the 
    subsequent assessment of double antidumping duties.
        This administrative review and notice are in accordance with 
    section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
    
    Robert S. LaRussa,
    Acting Assistant Secretary for Import Administration.
        Dated: June 16, 1997.
    [FR Doc. 97-16247 Filed 6-19-97; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
6/20/1997
Published:
06/20/1997
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of preliminary results of Antidumping Duty Administrative Review.
Document Number:
97-16247
Dates:
June 20, 1997.
Pages:
33601-33603 (3 pages)
Docket Numbers:
A-570-831
PDF File:
97-16247.pdf