2010-13731. Fresh Garlic From the People's Republic of China: Extension of Time Limit for the Preliminary Results of the New Shipper Reviews

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

DATES:

Effective Date: June 8, 2010.

FOR FURTHER INFORMATION CONTACT:

Scott Lindsay, 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: [phone].

Background

On December 29, 2009, the Department of Commerce (Department) initiated new shipper reviews of fresh garlic from the People's Republic of China (PRC) for Jinxiang Chengda Imp & Exp Co., Ltd. (Chengda), Jinxiang Yuanxin Imp & Exp Co., Ltd. (Yuanxin), and Zhengzhou Huachao Industrial Co., Ltd. (Huachao) covering the period November 1, 2008 through October 31, 2009. See Fresh Garlic from the People's Republic of China: Initiation of New Shipper Reviews, 75 FR 343 (January 5, 2010). On February 12, 2010, the Department issued a memorandum that tolled the deadlines for all Import Administration cases by seven calendar days due to the Federal Government closure. See Memorandum for the Record from Ronald Lorentzen, DAS for Import Administration, Tolling of Administrative Deadlines as a Result of the Government Closure During the Recent Snowstorm, dated February 12, 2010. As a result, the preliminary results of these new shipper reviews are currently due no later than July 6, 2010.

Statutory Time Limits

Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. See also 19 CFR 351.214(i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. See 19 CFR 351.214(i)(2).

Extension of Time Limit for Preliminary Results

The Department determines that these new shipper reviews involve extraordinarily complicated methodological issues, including the examination of importer information. Additional time is also required to ensure that the Department has adequate time to include Chengda, Yuanxin, and Huachao's supplemental questionnaire responses in its examination of the bona fides of the companies' sales. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for these preliminary results to 300 days, until no later than November 1, 2010.

We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act.

Dated: June 1, 2010.

John M. Andersen,

Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.