[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