Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices 56639 

1The Fresh Garlic Producers Association and its 

individual members (Christopher Ranch L.L.C., The 

Garlic Company, Valley Garlic, and Vessey and 

Company, Inc). 

Notification to Importers 

This notice serves as a preliminary 

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 could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This new shipper review and notice 

are in accordance with sections 

751(a)(1), 751(a)(2)(B), and 777(i) of the 

Act and 19 CFR 351.214. 

Dated: September 20, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19363 Filed 9–27–05; 8:45 am] 

Billing Code: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Notice of Amended Final Results of 

Antidumping Duty Administrative 

Review: Garlic from the People’s 

Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 13, 2005, the 

Department of Commerce (‘‘the 

Department’’) published the final results 

of its administrative review of the 

antidumping duty order on fresh garlic 

from the People’s Republic of China 

(‘‘PRC’’) for the period from November 

1, 2002, through October 31, 2003, in 

the Federal Register. See Final Results 

of Antidumping Duty Administrative 

Review: Fresh Garlic from the People’s 

Republic of China, 69 FR 34082, and 

accompanying ‘‘Issues and Decision 

Memorandum,’’ dated June 6, 2005 

(‘‘Final Results’’). We released the 

disclosure documents to the 

respondents on June 14, 2005, and to 

the petitioners1 on June 16, 2005. On 

June 20, 2005, the following parties filed 

timely allegations that the Department 

made various ministerial errors in the 

Final Results: Jinan Yipin Corporation 

Ltd. (‘‘Jinan Yipin’’), Linshu Dading 

Private Agricultural Co., Ltd. (‘‘Linshu 

Dading’’), Sunny Import and Export Co., 

Ltd. (‘‘Sunny’’), Taian Fook Huat Tong 

Kee Foodstuffs Co., Ltd. (‘‘FHTK’’), 

Taiyan Ziyang Food Co., Ltd. 

(‘‘Ziyang’’), and Zhengzhou Harmoni 

Spice Co., Ltd. (‘‘Harmoni’’). On June 

23, 2005, the petitioners submitted 

rebuttal comments to one of the 

ministerial error allegations filed 

collectively by Jinan Yipin, Linshu 

Dading, Sunny, and Harmoni. In 

addition, when examining the 

ministerial error allegations raised by 

FHTK and Ziyang, the Department 

found other ministerial errors. Ziyang 

and FHTK filed complaints with the 

Court of International Trade (‘‘CIT’’), 

challenging the final results of review 

on June 14, and June 15, 2005, 

respectively. On July 26, 2005, Harmoni, 

Jinan Yipin, Linshu Dading, and Sunny 

filed similar complaints with the CIT, 

challenging the final results of review. 

On August 9 and August 10, 2005, 

Jinxiang Dongyun Freezing Storage Co. 

Ltd. and the petitioners, respectively, 

also filed complaints with the CIT, 

challenging the final results of review. 

When the interested parties noted above 

filed their complaints with the CIT the 

Department no longer had jurisdiction 

to correct the ministerial errors. 

Therefore, the Department requested 

leave from the CIT to correct these 

errors. On September 15, 2005, the CIT 

granted the Department leave to correct 

the errors. 

We are amending our Final Results to 

correct ministerial errors for 

respondents Jinan Yipin, Linshu 

Dading, FHTK, Ziyang, and Harmoni 

pursuant to section 751(h) of the Tariff 

Act of 1930, as amended (‘‘the Act’’). 

EFFECTIVE DATE: September 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sochieta Moth, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW, 

Washington, DC 20230; telephone: (202) 

482–0168. 

SUPPLEMENTARY INFORMATION: 

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 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 

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 U.S. Customs and 

Border Protection (‘‘CBP’’) to that effect. 

Amendment to Final Determination 

In accordance with sections 751(a) 

and 777(i)(1) of the Act, on June 13, 

2005, the Department published the 

Final Results. On June 20, 2005, the 

following parties filed timely allegations 

that the Department made various 

ministerial errors in the Final 

Determination: Jinan Yipin, Linshu 

Dading, Sunny Import and Export Co., 

Ltd. (‘‘Sunny’’), FHTK, Ziyang, and 

Harmoni. On June 23, 2005, the 

petitioners submitted rebuttal comments 

to one of the ministerial error 

allegations filed by Jinan Yipin, Linshu 

Dading, Sunny, and Harmoni. 

After analyzing all interested parties’

comments and rebuttal comments, we 

have determined, in accordance with 

section 751(h) of the Act and 19 CFR 

351.224(e), that the Department has 

made ministerial errors in the final 

determination calculations for Harmoni, 

Jinan Yipin, Linshu Dading, FHTK, and 

Ziyang. In addition, when examining 

FHTK’s and Ziyang’s ministerial error 

allegations, the Department found 

additional ministerial errors that 

affected our margin calculations in the 

Final Results. For a detailed discussion 

of these ministerial errors, and our 

analysis, see Memorandum from 

Barbara E. Tillman to Joseph A. Spetrini 

re: Issues and Decision Memorandum 

for the Amended Final Determination in 

the Administrative Review on Fresh 

Garlic from the People’s Republic of 

China, dated September 22, 2005 

56640 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices 

1Seed Timber’s antidumping new shipper review 

was subsequently rescinded as a result of the 

company’s withdrawal of its request for a review 

(69 FR 54766, September 10, 2004). 

2Case briefs were submitted on behalf of the 

Coalition of Fair Lumber Imports Executive 

Committee (the petitioners), the Government of 

Canada, and the Government of British Columbia. 

(‘‘Amended Final Issues and Decision 

Memorandum’’), and the company–

specific amended final determination 

analysis memoranda dated September 

22, 2005. 

Therefore, in accordance with section 

751(h) of the Act, we are amending the 

final determination of sales at less than 

fair value in the antidumping duty 

administrative review of fresh garlic 

from the PRC for the period November 

1, 2002, through October 31, 2003. The 

revised weighted–average dumping 

margins are listed in the ‘‘Amended 

Final Results of Review’’ section below. 

Amended Final Results of Review 

As a result of correcting the 

ministerial errors discussed in the 

Amended Final Issues and Decision 

Memorandum, the amended weighted–

average dumping margins for FHTK, 

Harmoni, Jinan Yipin, Linshu Dading, 

and Ziyang are as follows: 

Company Weighted–Average 

Margin 

FHTK ............................ 19.68% 

Harmoni ........................ 14.20% 

Jinan Yipin .................... 15.92% 

Linshu Dading ............... 10.78% 

Ziyang ........................... 15.09% 

Duty Assessment and Cash Deposit 

Requirements 

The Department will determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. The Department 

will issue appropriate assessment 

instructions directly to CBP within 15 

days of publication of the amended final 

results of this review, where injunctions 

are not in place. 

Further, the following cash–deposit 

requirements will be effective upon 

publication of these final amended 

results of the administrative review for 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of these final amended 

results, as provided by section 

751(a)(2)(C) of the Act: (1) for subject 

merchandise exported by FHTK, 

Harmoni, Jinan Yipin, Linshu Dading, 

and Ziyang, the cash–deposit rate will 

be that established in these amended 

final results of review; (2) for all other 

PRC exporters of subject merchandise 

which have not been found to be 

entitled to a separate rate, the cash–

deposit rate will be the PRC–wide rate 

of 376.67 percent; (3) for all non–PRC 

exporters of subject merchandise, 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. 

These final amended results of 

administrative review and notice are 

issued and published in accordance 

with sections 751(a)(1), 751(h) and 

777(i)(1) of the Act. 

Dated: September 22, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–19362 Filed 9–27–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–839] 

Final Results of Countervailing Duty 

New Shipper Review: Certain Softwood 

Lumber Products From Canada 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 3, 2005, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary results of the 

new shipper review of Seed Timber Co. 

Ltd. (Seed Timber) under the 

countervailing duty (CVD) order on 

certain softwood lumber products from 

Canada. See Certain Softwood Lumber 

Products from Canada: Preliminary 

Results of Countervailing Duty New 

Shipper Review, 70 FR 22848 (May 3, 

2005) (Preliminary Results). 

Based on our analysis of comments 

received in this review, the Department 

has not revised the net subsidy rate for 

Seed Timber, the only producer/ 

exporter of subject merchandise covered 

by this review. For further discussion of 

our analysis of the comments received 

for these final results, see the September 

22, 2005, Issues and Decision 

Memorandum from Barbara E. Tillman, 

Acting Deputy Assistant Secretary for 

Import Administration, to Joseph A. 

Spetrini, Acting Assistant Secretary for 

Import Administration, concerning the 

Final Results of Countervailing Duty 

New Shipper Review: Certain Softwood 

Lumber Products from Canada. (New 

Shipper Decision Memorandum). The 

final net subsidy rate for Seed Timber is 

listed below in ‘‘Final Results of 

Review.’’

EFFECTIVE DATE: September 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office 3, Import Administration, U.S. 

Department of Commerce, Room 4014, 

14th Street and Constitution Avenue, 

NW, Washington, DC 20230; telephone: 

(202) 482–4793. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 30, 2004, we initiated a new 

shipper review for Seed Timber 

covering the review period January 1, 

2003, through December 31, 2003 (POR). 

See Certain Softwood Lumber Products 

From Canada: Notice of Initiation of 

Antidumping Duty New Shipper Review 

for the Period May 1, 2003, through 

April 30, 2004, and Notice of Initiation 

of Countervailing Duty New Shipper 

Review for the Period January 1, 2003, 

Through December 31, 2003, 69 FR 

41229 (July 8, 2004).1 On May 3, 2005, 

the preliminary results of Seed Timber’s 

new shipper review were published in 

the Federal Register . See Preliminary 

Results, 70 FR 22848. Interested parties 

submitted case briefs to the Department 

on June 2, 2005.2

In accordance with 19 CFR 

351.214(a), this new shipper review 

covers only the exporter or producer for 

which a review was specifically 

requested. Accordingly, this new 

shipper review only covers subject 

merchandise exported and produced by 

Seed Timber. 

Scope of Order 

The products covered by this order 

are softwood lumber, flooring and 

siding (softwood lumber products). 

Softwood lumber products include all 

products classified under subheadings 

4407.1000, 4409.1010, 4409.1090, and 

4409.1020, respectively, of the 

Harmonized Tariff Schedule of the 

United States (HTSUS), and any 

softwood lumber, flooring and siding 

described below. These softwood 

lumber products include: 

(1) Coniferous wood, sawn or chipped 

lengthwise, sliced or peeled, 

whether or not planed, sanded or 

finger–jointed, of a thickness 

exceeding six millimeters; 

(2) Coniferous wood siding (including 

strips and friezes for parquet 

flooring, not assembled) 

continuously shaped (tongued, 

grooved, rabbeted, chamfered, v–

jointed, beaded, molded, rounded 

or the like) along any of its edges or 

faces, whether or not planed, 

sanded or finger–jointed; 

(3) Other coniferous wood (including