[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51082-51083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25784]
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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 Antidumping Duty Administrative Review and Partial Termination of
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
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SUMMARY: On June 20, 1997, the Department of Commerce published the
preliminary results of administrative review of the antidumping duty
order on fresh garlic from the People's Republic of China. The review
covers nine producers/exporters of subject merchandise. The period of
review is November 1, 1995, through October 31, 1996.
We gave interested parties an opportunity to comment on the
preliminary results. Since we received no comments from interested
parties, the final results are the same as our preliminary results. The
final dumping margin is listed below the section entitled ``Final
Results of the Review.''
EFFECTIVE DATE: September 30, 1997.
FOR FURTHER INFORMATION CONTACT: Andrea Chu or Robin Gray, 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 Tariff Act of
1930, as amended (the Tariff Act), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition,
unless otherwise indicated, all citations to the Department's
regulations are to19 CFR Part 353 (April 1997).
Background
On June 20, 1997, the Department published the preliminary results
of administrative review (62 FR 33601) of the antidumping duty order on
fresh garlic from the PRC (November 16, 1994, 59 FR 59209). Because we
determined that one named respondent, Rizhao Hanxi Fisheries &
Comprehensive Development Co., Ltd., failed to submit a complete
response to our questionnaire and the remaining named respondents
failed to respond at all to our questionnaires, we preliminarily
determined to use facts otherwise available for cash deposit and
assessment purposes for all PRC producers/exporters of the subject
merchandise. We received no comments from interested parties on our
preliminary results.
We have conducted this administrative review in accordance with
section 751 of the Tariff Act.
Scope of the Review
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.
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.
Final Results of the Review
As a result of our review, we determine that a margin of 376.67
percent exists for all producers/exporters of the subject merchandise
from the PRC for the period November 1, 1995 through October 31, 1996.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions directly to the Customs Service.
Furthermore, the following cash deposit requirements will be
effective upon publication of these final results for all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(1) of the Tariff Act: (1) for all PRC exporters, all of
which were found not to be entitled to separate rates, the cash deposit
will be 376.67 percent; and (2) for other non-PRC exporters of subject
merchandise from the PRC, the cash deposit rate will be the rate
applicable to the PRC supplier of that exporter. These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
This notice serves as a reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation
[[Page 51083]]
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 notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning disposition of proprietary information disclosed under APO
in accordance with 19 CFR 353.34(d). Timely written notification of the
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22 (1997).
Dated: September 11, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-25784 Filed 9-29-97; 8:45 am]
BILLING CODE 3510-DS-P
