[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54029-54030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic from the People's Republic of China: Partial 
Rescission of Antidumping Duty Administrative Review

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

FOR FURTHER INFORMATION CONTACT: Martha Douthit 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) 482-5050 
or (202) 482-4052, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 24, 2008, the Department published a notice of 
initiation of an administrative review of fresh garlic from the 
People's Republic of China (PRC), covering the period November 1, 2007 
through October 31, 2008. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 73 FR 79055 (December 24, 2008) (Initiation Notice).
    On April 3, 2009, the Fresh Garlic Producers Association (FGPA) and 
its individual members\1\ (collectively, Petitioners) withdrew their 
request of review of certain companies in this administrative review. 
On April 28, 2009, Shenzhen Xinboda Industrial Co., Ltd. (Xinboda), 
also withdrew its own review request. See the Attachment to this notice 
for the list of companies for which the Department is rescinding its 
review.
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    \1\ The individual members of the FGPA are Christopher Ranch 
L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, 
Inc.
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Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of the initiation notice of the requested review. Further, 
pursuant to 19 CFR 351.213(d)(1), the Department is permitted to extend 
this time limit if it is reasonable to do so. On March 24, 2009, at the 
request of Petitioners, the Department extended the deadline for the 
withdrawal of review requests to March 31, 2009. On March 31, 2009, the 
Department further extended the deadline for the withdrawal of review 
requests to April 3, 2009.
    For all but one of the companies listed in the Attachment, 
Petitioners were the only party that requested the review. In addition 
to Petitioners' request for a review of Xinboda, the company itself 
requested a review. Although Xinboda's withdrawal of its request for a 
review was beyond the April 3 deadline, the Department has decided to 
accept its withdrawal given that Petitioners timely withdrew their 
request for review of Xinboda.
    Therefore, in accordance with 19 CFR 351.213(d)(1), we are 
rescinding this review with respect to all companies named in the 
Attachment to this notice.

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For 
those companies for which this review has been rescinded and which have 
a separate rate, antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice. For those companies for which this review has been 
rescinded, but which do not have a separate rate at this time (and thus 
remain part of the PRC-wide entity), the Department will issue 
assessment instructions upon the completion of this administrative 
review.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded 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 the 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance

[[Page 54030]]

with 19 CFR 351.305, which continues to govern business proprietary 
information in this segment of the proceeding. 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 terms of an APO is a violation which may be 
subject to sanctions.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.213(d)(4).

    Dated: October 8, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Attachment

    The following companies were named in our Initiation Notice. 
Subsequently, interested parties withdrew all relevant requests for 
review for these companies. Therefore, pursuant to 19 CFR 
351.213(d)(1), we are rescinding this administrative review with 
respect to these companies.
    American Pioneer Shipping
    Anhui Dongqian Foods Ltd.
    Anqiu Haoshun Trade Co., Ltd.
    APS Qingdao
    Chengwu County Yuanxiang Industry & Commerce Co., Ltd
    Chiping Shengkang Foodstuff Co., Ltd.
    Hangzhou Guanyu Foods Co., Ltd.
    Hongqiao International Logistics Co
    IT Logistics Qingdao Branch
    Jinan Solar Summit International Co., Ltd.
    Jining Highton Trading Co., Ltd.
    Jinxian County Huaguang Food Import & Export, Ltd.
    Jinxiang Dacheng Food Co., Ltd.
    Jinxiang Hejia Co., Ltd.
    Jinxiang Jinma Fruits Vegetables Products Co., Ltd
    Jinxiang Tianheng Trade Co., Ltd.
    Juye Homestead Fruits and Vegetables Co., Ltd.
    Laizhou Xubin Fruits and Vegetables
    Linyi City Heding District Jiuli Foodstuff Co
    Ningjin Ruifeng Foodstuff Co., Ltd.
    Qingdao Lianghe International Trade Co., Ltd.
    Qingdao Tiantaixing Foods Co., Ltd.
    Qingdao Winner Foods Co., Ltd. Qingdao Yuankang International
    Samyoung America (Shanghai) Inc.
    Shandong Chengshun Farm Produce Trading Co., Ltd.
    Shandong Chenhe Int'l Trading Co., Ltd.
    Shandong Dongsheng Eastsun Foods Co., Ltd.
    Shandong Garlic Company
    Shandong Jinxiang Zhengyang Import & Export Co., Ltd.
    Shandong Sanxing Food Co., Ltd.
    Shandong Xingda Foodstuffs Group Co., Ltd.
    Shandong Yipin Agro (Group) Co., Ltd
    Shenzhen Xinboda Industrial Co., Ltd.
    T&S International, LLC
    Taian Eastsun Foods Co., Ltd.
    Weifang Chenglong Import & Export Co., Ltd.
    Weifang Naike Foodstuffs Co., Ltd.
    WSSF Corporation (Weifang)
    Xiamen Huamin Import Export Company
    You Shi Li International Trading Co., Ltd.
    Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd.
    Zhengzhou Harmoni Spice Co., Ltd.
    Zhengzhou Yuanli Trading Co., Ltd.
[FR Doc. E9-25350 Filed 10-20-09; 8:45 am]
BILLING CODE 3510-DS-S