51394 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices 

1See Antidumping Duty Order: Fresh Garlic from 

the People’s Republic of China, 59 FR 59209 

(November 16, 1994). 

2See Initiation of Five-Year (‘‘Sunset’’) Reviews, 

82 FR 16159 (April 3, 2017). 

3See Fresh Garlic from the People’s Republic of 

China: Final Results of Fourth Expedited Sunset 

Review of the Antidumping Duty Order, 82 FR 

36752 (August 7, 2017) and accompanying Issues 

and Decision Memorandum. 

4See Fresh Garlic from China, 82 FR 49230 

(October 24, 2017). 

Dated: October 31, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. History of the Orders 

V. Legal Framework 

VI. Discussion of the Issues 

1. Likelihood of Continuation or 

Recurrence of Dumping 

2. Magnitude of the Margins Likely To 

Prevail 

VII. Final Results of Sunset Reviews 

VIII. Recommendation 

[FR Doc. 2017–24074 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Continuation of Antidumping Duty 

Order: Fresh Garlic From the People’s 

Republic of China 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) and the U.S. International 

Trade Commission (ITC) determined 

that revocation of the antidumping duty 

order (AD Order) on fresh garlic from 

the People’s Republic of China (PRC) 

would likely lead to a continuation or 

recurrence of dumping and material 

injury to an industry in the United 

States. Therefore, the Department is 

publishing a notice of continuation for 

this AD Order. 

DATES: Applicable November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Arrowsmith, AD/CVD 

Operations, Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230; telephone: 

(202) 482–5255. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1994, the 

Department of Commerce published in 

the Federal Register the AD Order on 

fresh garlic from the PRC.1 On April 3, 

2017, the Department published in the 

Federal Register a notice of initiation of 

its fourth five-year (sunset) review of the 

AD Order on fresh garlic from the PRC, 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act).2

The Department conducted this 

sunset review on an expedited basis, 

pursuant to section 751(c)(3)(B) of the 

Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 

because it received a complete, timely, 

and adequate response from a domestic 

interested party but no substantive 

responses from respondent interested 

parties. As a result of this sunset review, 

the Department determined that 

revocation of the AD order would likely 

lead to a continuation or recurrence of 

dumping and, therefore, notified the ITC 

of the magnitude of the margins likely 

to prevail should the order be revoked.3

On October 24, 2017, the ITC 

published its determination that 

revocation of the AD Order on fresh 

garlic would likely lead to a 

continuation or recurrence of material 

injury to an industry in the United 

States within a reasonably foreseeable 

time, pursuant to section 751(C) of the 

Act.4

Scope of the Order 

The products subject to the AD 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 the AD 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 

0703.20.0000, 0703.20.0005, 

0703.20.0015, 0703.20,0010, 

0703.20.0020, 0703.20.0090, 

0710.80.7060, 0710.80.9750, 

0711.90.6000, 0711.90.6500, 

2005.90.9500, 2005.90.9700 and 

2005.99.9700 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the order is dispositive. In 

order to be excluded from the AD Order 

garlic entered under the HTSUS 

subheadings listed above that is (1) 

mechanically harvested and primarily, 

but not exclusively, destined for nonfresh 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 U.S. Customs and Border 

Protection (CBP) to that effect. 

Continuation of the Order 

As a result of the determinations by 

the Department and the ITC that 

revocation of the AD Order would likely 

lead to a continuation or recurrence of 

dumping and material injury to an 

industry in the United States, pursuant 

to section 751(d)(2) of the Act and 19 

CFR 351.218(a), the Department hereby 

orders the continuation of the AD Order 

on fresh garlic from the PRC. 

CBP will continue to collect 

antidumping duty cash deposits at the 

rates in effect at the time of entry for all 

imports of subject merchandise. The 

effective date of the continuation of this 

order will be the date of publication in 

the Federal Register of the notice of 

continuation of the AD Order on fresh 

garlic. Pursuant to section 751(c)(2) of 

the Act, the Department intends to 

initiate the sunset review of this order 

not later than 30 days prior to the fifth 

anniversary of the effective date of 

continuation. 

The sunset review and this notice are 

in accordance with section 751(c) of the 

Act and published pursuant to section 

777(i)(1) of the Act and 19 CFR 

351.218(f)(4). 

Dated: October 31, 2017. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2017–24071 Filed 11–3–17; 8:45 am] 

BILLING CODE 3510–DS–P 


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