[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76608-76609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31235]


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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

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 August 8, 2000, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on fresh garlic from the People's Republic of China. The 
review covers three producers/exporters of subject merchandise. The 
period of review is November 1, 1998, through October 31, 1999.
    We invited interested parties to comment on our preliminary 
results. We received no comments and have made no changes to our 
preliminary results for these final results. The final dumping margin 
is listed in the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: December 7, 2000.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Richard Rimlinger, 
Office of Antidumping/Countervailing Duty Enforcement 3, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-3931 or (202) 482-4477, 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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are at 19 CFR part 351 (1999).

Background

    On August 8, 2000, the Department published the preliminary results 
of the administrative review (65 FR 48464) of the antidumping duty 
order on fresh garlic from the People's Republic of China (the PRC) (59 
FR 59209, November 16, 1994). We invited parties to comment on our 
preliminary results. We received no comments and have made no changes 
to our preliminary results for the final results of review.
    We have conducted this administrative review in accordance with 
section 751 of the Act and 19 CFR 351.213.

Scope of Review

    The products subject to this antidumping duty administrative review 
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 
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, 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.

[[Page 76609]]

Use of Facts Otherwise Available

    Our use of facts otherwise available in this review has not changed 
from the preliminary results, in which we assigned a PRC-wide rate of 
376.67 percent since the three respondents did not respond to our 
requests for information. For a detailed discussion of our application 
of facts otherwise available, see our preliminary results at 65 FR 
48464 (August 8, 2000).

Final Results of the Review

    We determine that a margin of 376.67 percent exists for all 
producers/exporters of the subject merchandise as the PRC-entity for 
the period November 1, 1998, through October 31, 1999. The Department 
shall determine, and Customs shall assess, antidumping duties on all 
appropriate entries. The Department will issue appraisement 
instructions directly to Customs.

Cash-Deposit Requirements

    The following deposit rates will be effective upon publication of 
this notice of final results of administrative review for all shipments 
of fresh garlic from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(c) of the Act: (1) For all PRC exporters, all of 
which were found not to be entitled to separate rates, the cash-deposit 
rate will be 376.67 percent; and (2) for all 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 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 this review period. Failure to comply 
with this requirement, pursuant to 19 CFR 351.402(f)(3), 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 order (APO) of their responsibility 
concerning disposition of proprietary information disclosed under APO 
in accordance with 19 CFR 351.305 and 19 CFR 351.306. 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. See 19 CFR 351.306 and 19 CFR 354.3.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 1, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-31235 Filed 12-6-00; 8:45 am]
BILLING CODE 3510-DS-P