[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Pages 56639-56640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19362]


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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 
petitioners\1\ 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.
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    \1\ The Fresh Garlic Producers Association and its individual 
members (Christopher Ranch L.L.C., The Garlic Company, Valley 
Garlic, and Vessey and Company, Inc).
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    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

[[Page 56640]]

(``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:

------------------------------------------------------------------------
                                                       Weighted-Average
                       Company                              Margin
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FHTK................................................              19.68%
Harmoni.............................................              14.20%
Jinan Yipin.........................................              15.92%
Linshu Dading.......................................              10.78%
Ziyang..............................................              15.09%
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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