67 FR 65782, October 28, 2002

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]
 
Fresh Garlic From the People's Republic of China: Partial 
Rescisson of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of partial rescission of the antidumping duty new 
shipper review of fresh garlic from the People's Republic of China.

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SUMMARY: On July 31, 2002, the Department of Commerce published the 
preliminary results of the new shipper review of the antidumping duty 
order on fresh garlic from the People's Republic of China. The review 
covers Jinan Yipin Corporation, Ltd., and Shandong Heze International 
Trade and Developing Company. The period of review is November 1, 2000, 
through October 31, 2001. For the reasons discussed below, we are 
rescinding the review of Shandong Heze International Trade and 
Developing Company.\1\
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    \1\ We are also conducting a new shipper review of the 
antidumping duty order on fresh garlic from the People's Republic of 
China for Jinan Yipin Corporation, Ltd. On October 22, 2002, we 
issued a notice extending the final results of that new shipper 
review.

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EFFECTIVE DATE: October 28, 2002.

FOR FURTHER INFORMATION CONTACT: Brian Ellman or Mark Ross, Office of 
AD/CVD Enforcement 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4852 and (202) 482-4794, respectively.

SUPPLEMENTARY INFORMATION: 

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR part 351 (April 2001).

Scope of the Order

    The products covered by 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 the following: (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 
subheading 0703.20.0010, 0703.20.0020 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9700 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 order 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.

Background

    On July 31, 2002, we published in the Federal Register the notice 
of preliminary results of the new shipper review of the antidumping 
duty order on fresh garlic from the People's Republic of China (PRC), 
in which we indicated our intent to rescind the review of Shandong Heze 
International Trade and Developing Company (Shandong Heze) based on 
lack of evidence supporting Shandong Heze's entitlement to a separate 
rate from the PRC-wide entity. See Fresh Garlic from the People's 
Republic of China: Preliminary Results of Antidumping Duty New Shipper 
Review and Intent to Rescind in Part, 67 FR 49669 (July 31, 2002); see 
also Shandong Heze International Trade and Developing Company--Separate 
Rates Analysis and Deficient Submissions Memorandum, dated July 24, 
2002, available in the Central Records Units (CRU), Room B-099 of the 
main Department of Commerce Building. In the notice we invited 
interested parties to comment on our preliminary results.
    On August 15, 2002, Shandong Heze filed a case brief addressing 
issues raised in the Department's preliminary results of review, and 
the petitioner filed rebuttal comments on August 21, 2002. Subsequent 
to our receipt of the case brief, we identified an additional 
deficiency in Shandong Heze's reporting and, on September 19, 2002, we 
released for comment the draft decision memorandum in which we 
identified the deficiency. See Shandong Heze International Trade and 
Developing Company--Recission of New Shipper Review Due to Lack of 
Required Certification, dated September 19, 2002, available in CRU. We 
did not receive any comments from either party by the due date we 
established. Therefore, the analysis we proposed in that memorandum 
remains unchanged.

Rescission of Review

    The Department's regulations at 19 CFR 351.214(b)(2)(ii) state 
that, if the company requesting the review is the exporter but not the 
producer of the subject merchandise, then the request from this company 
must contain: (1) A certification that the company did not export 
subject merchandise to the United States during the period of 
investigation (POI), and (2) a certification from the person or company 
that produced or supplied the subject merchandise to the company 
requesting the review that the producer or supplier did not export the 
subject merchandise to the United States during the POI. Shandong Heze 
did not supply the Department with the certifications required in a new 
shipper review under 351.214(b)(2)(ii)(B) of the Department's 
regulations. As discussed above, the Department released to the parties 
for comment a draft decision memorandum in which it identified the 
deficiency and, in the memorandum, a prompt rescission of the review of 
Shandong Heze was recommended. As indicated above, we did not receive 
any comments on this issue. Therefore, we find it appropriate to 
rescind the new shipper review of Shandong Heze based on its failure, 
despite multiple opportunities, to provide the proper certifications 
pursuant to 19 CFR 351.214(b)(2)(ii).

Analysis of Comments Received

    Because the Department is rescinding this review based on Shandong 
Heze's failure to provide the proper certifications, we have not 
addressed

[[Page 65783]]

the other, unrelated arguments offered by the parties after issuance of 
the preliminary results of the new shipper review.

Notification

    Bonding is no longer permitted to fulfill security requirements for 
shipments from Shandong Heze of fresh garlic from the PRC entered, or 
withdrawn from warehouse, for consumption in the United States on or 
after the publication of this rescission notice in the Federal 
Register.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during these review periods. Failure to comply 
with this requirement, pursuant to 19 CFR 351.402(f)(3), could result 
in the Department's presumption that reimbursement of antidumping 
duties occurred and the subsequent assessment of doubled antidumping 
duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Tariff Act 
of 1930, as amended.

    Dated: October 22, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-27395 Filed 10-25-02; 8:45 am]
BILLING CODE 3510-DS-M