[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8774-8775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4132]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Extension of 
Time Limits for Final Results of the Antidumping Duty Administrative 
Review and New Shipper Reviews

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

EFFECTIVE DATE: February 26, 2009.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Summer Avery, 
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-
1395 and (202) 482-4052, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2007, the Department of Commerce (Department) 
published the initiation of an administrative review of fresh garlic 
from the People's Republic of China. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 72 FR 73315 (December 27, 
2007). On January 2, 2008, the Department published the initiation of 
new shipper reviews of fresh garlic from the People's Republic of 
China. See Fresh Garlic from the People's Republic of China: Initiation 
of Antidumping Duty New Shipper Reviews, 73 FR 161 (January 2, 2008). 
On July 23, 2008, the Department aligned the new shipper reviews with 
the administrative review, in accordance with 19 CFR 351.214(j). See 
Memorandum to All Interested Parties from the Department Re: The 
Alignment of the New Shipper Reviews with the 13th Antidumping Duty 
Administrative Review of Fresh Garlic from the People's Republic of 
China (July 23, 2008), which is on file in the Central Records Unit, 
room 1117 of the main Commerce building. As such, the time limits for 
the new shipper reviews were aligned with those for the administrative 
review. On December 8, 2008, the Department published the preliminary 
results of this antidumping duty administrative review and the new 
shipper reviews. See Fresh Garlic from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative and New 
Shipper Reviews and Intent to Rescind, In Part, the Antidumping Duty 
Administrative and New Shipper Reviews, 73 FR 74462 (December 8, 2008). 
The period of review for this administrative review and the new shipper 
reviews is November 1, 2006 through October 31, 2007. The final results 
are currently due on April 7, 2009.

Extension of Time Limits for Final Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), provides that the Department will issue the final results in an 
administrative review of an antidumping duty order within 120 days 
after the date on which the preliminary results are published. However, 
the Department may extend the deadline for completion of the final 
results of an administrative review to 180 days if it determines it is 
not practicable to complete the review within the foregoing time 
period. See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). 
Section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2) also 
provide that the Department may extend the deadlines in a new shipper 
review if we determine that the case is extraordinarily complicated.
    The Department determines that it is not practicable to complete 
the final results of the aligned administrative review and new shipper 
reviews by the current deadline of April 7, 2009. Specifically, the 
Department requires additional time to conduct sales and factors of 
production verifications and to analyze issues it considers to be 
extraordinarily complicated, including, but not limited to, the bona 
fides nature of certain transactions and surrogate financial ratios. 
Thus, we are fully extending the time for completion of the final 
results of the administrative review and new shipper reviews to no 
later than June 6, 2009, a Saturday. Where a statutory deadline falls 
on a weekend, federal holiday, or any other day when the Department is 
closed, the Department will continue its longstanding practice of 
issuing a determination on the next business day. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, in this 
instance, the due date for the final results will now be no later than 
June 8, 2009.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.


[[Page 8775]]


    Dated: February 20, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-4132 Filed 2-25-09; 8:45 am]
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