[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31241-31242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15459]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Initiation of 
New Shipper Review

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

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on fresh garlic from the People's Republic of China (``PRC''), received 
on May 21, 2009, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') of this new shipper review 
is November 1, 2008 through April 30, 2009.

DATES: Effective Date: June 30, 2009.

FOR FURTHER INFORMATION CONTACT: Martha Douthit, 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.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the PRC was published on November 16, 1994. See Antidumping Duty 
Order: Fresh Garlic from the People's Republic of China, 59 FR 59209 
(November 16, 1994) (``Order''). On May 21, 2009, we received a timely 
request for a new shipper review from Qingdao Sea-line International 
Trading Co., Ltd. (``Sea-line'') in accordance with 19 CFR 351.214(c) 
and 351.214(d)(2). Sea-line has certified that it is the exporter of 
all of the fresh garlic it exported to the United States, which is the 
basis for its request for a new shipper review.
    Pursuant to the requirements set forth in 19 CFR 351.214(b)(2)(ii), 
in its request for a new shipper review, Sea-line, as an exporter, 
certified that (1) It did not export fresh garlic to the United States 
during the period of investigation (``POI''); (2) since the initiation 
of the investigation, it has never been affiliated with any company 
that exported subject merchandise to the United States during the POI, 
including any exporter or producer not individually examined during the 
investigation; and (3) its export activities are not controlled by the 
central government of the PRC. In addition, Jinxiang County Juxinyuan 
Trading Co., Ltd. (``Juxinyuan

[[Page 31242]]

Trading''), the producer of the subject merchandise, certified that it 
did not export the subject merchandise to the United States during the 
POI. In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act 
and 19 CFR 351.214(b)(2)(iii)(A), Sea-line certified that, since the 
initiation of the investigation, it has never been affiliated with any 
Chinese exporter or producer who exported steel nails to the United 
States during the POI, including those not individually examined during 
the investigation has not been affiliated with . In accordance with 19 
CFR 351.214(b)(2)(iv), Sea-line submitted documentation establishing 
the following: (1) The date on which it first shipped fresh garlic for 
export to the United States and the date on which fresh garlic were 
first entered, or withdrawn from warehouse, for consumption; (2) the 
volume of its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the 
request submitted by Sea-line meets the threshold requirements for 
initiation of a new shipper review for shipments of fresh garlic from 
the PRC, exported by Sea-line and produced by Juxinyuan Trading. See 
Memorandum to the File through Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, Fresh Garlic from the People's Republic of China: 
Initiation of Antidumping New Shipper Review, dated concurrently with 
this notice. See 19 CFR 351.214(g)(1)(i)(B).
    The Department will conduct this review according to the deadlines 
set forth in section 751(a)(2)(B)(iv) of the Act. It is the 
Department's usual practice, in cases involving non-market economies, 
to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate provide 
evidence of de jure and de facto absence of government control over the 
company's export activities. Accordingly, we will issue a questionnaire 
to Sea-line, which will include a separate rate section. The review 
will proceed if the response provides sufficient indication that Sea-
line is not subject to either de jure or de facto government control 
with respect to its export of fresh garlic.
    On August 17, 2006, the Pension Protection Act of 2006, Public Law 
109-280, (``H.R. 4''), was signed into law. Section 1632 of H.R. 4 
temporarily suspended the authority of the Department to instruct U.S. 
Customs and Border Protection to collect a bond or other security in 
lieu of a cash deposit in new shipper reviews initiated during the 
period April 1, 2006 through June 30, 2009. Therefore, the posting of a 
bond or other security under section 751(a)(2)(B)(iii) of the Act in 
lieu of a cash deposit is not available in this case. Importers of 
fresh garlic, exported by Sea-line, must continue to post a cash 
deposit of estimated antidumping duties on each entry of subject 
merchandise at the per unit PRC-wide rate.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: June 24, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-15459 Filed 6-29-09; 8:45 am]
BILLING CODE 3510-DS-P