[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 777-778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-81]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: On September 1, 2011, the Department of Commerce (the 
Department) initiated the third sunset review of the antidumping duty 
order fresh garlic from the People's Republic of China (``PRC''), 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). The Department has conducted an expedited (120-day) sunset review 
for this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping.

DATES: Effective Date: January 6, 2012.

FOR FURTHER INFORMATION: Sean Carey or Dana Mermelstein, 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: (202) 482-
3964 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2011, the Department published the notice of 
initiation of the third sunset review of the antidumping duty order on 
fresh garlic from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Review, 76 FR 54430 (September 1, 
2011). The Department received a notice of intent to participate from 
the Fresh Garlic Producers Association and its individual members: 
Christopher Ranch LLC; The Garlic Company; Valley Garlic, Inc.; and 
Vessey and Company, Inc. (collectively ``the domestic interested 
parties'''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
The domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as domestic producers and packagers of 
fresh garlic and a trade association whose members produce and process 
a domestic like product in the United States. The Department received 
an adequate substantive response to the notice of initiation from the 
domestic interested parties within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). We received no responses from the respondent 
interested parties. As a result, pursuant to section 751(c)(5)(A) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited (120-day) sunset review of the order.

Scope of the Order

    The products subject to the 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 the order does not include the following: (a) Garlic 
that has been mechanically harvested and that is primarily, but not 
exclusively, destined

[[Page 778]]

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 0703.20.0010, 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, the 
written description of the scope of the 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 U.S. Customs and Border Protection to that effect.

Analysis of Comments Received

    All issues raised in this review is addressed in the ``Issues and 
Decision Memorandum for the Final Results of Expedited Sunset Review of 
the Antidumping Duty Order on Fresh Garlic from the People's Republic 
of China'' from Gary Taverman, Acting Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Susan Kuhbach, 
Acting Assistant Secretary for Import Administration, dated 
concurrently with this notice (``Decision Memorandum''), which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memorandum consist of the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the 
orders were revoked. Parties can find a complete discussion of all 
issues raised in this review and corresponding recommendations in this 
public memorandum, which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit, room 7046 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at http://ia.ita.doc.gov/frn. 
The signed Decision Memo and the electronic versions of the Decision 
Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on fresh 
garlic from the PRC would be likely to lead to continuation or 
recurrence of dumping. We determine that the following weighted-average 
percentage margin is likely to prevail:

------------------------------------------------------------------------
                                                                Weighted
              Manufacturers/exporters/ producers                average
                                                                 margin
------------------------------------------------------------------------
PRC-Wide.....................................................    376.67%
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: December 29, 2011.
Susan Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-81 Filed 1-5-12; 8:45 am]
BILLING CODE 3510-DS-P