Antidumping Duty Order: Fresh Garlic From the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]

Antidumping Duty Order: Fresh Garlic From the People's Republic

of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: November 16, 1994.

FOR FURTHER INFORMATION CONTACT: Jennifer Stagner, Office of

Antidumping Investigations, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C., 20230; telephone (202)

482-1673.

Scope of Order

The products subject to 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: (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.\1\

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\1\Fresh Garlic from the People's Republic of China, Inv. No.

731-TA-683 (Final), USITC Pub. 2825 (November 1994).

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The subject merchandise is used principally as a food product and

for seasoning. The subject garlic is currently classifiable under

subheadings 0703.20.0000, 0710.80.7060, 0710.80.9750, 0711.90.6000, and

2005.90.9500 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

proceeding is dispositive.

In order to be excluded from the antidumping duties ordered in this

notice, 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 Customs Service to

that effect. We invite interested parties to provide suggested language

for the certifications within ten days after publication of this order.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (the Act), on September 19, 1994, the Department of Commerce

(the Department) made its final determination that fresh garlic from

the People's Republic of China (PRC) is being sold at less than fair

value (59 FR 49058, September 26, 1994).

On November 7, 1994, in accordance with section 735(d) of the Act,

the U.S. International Trade Commission (ITC) notified the Department

of its final determination in this investigation. In its determination,

the ITC found three like products: (1) Fresh garlic, defined as garlic

that has been manually harvested and is intended for use as fresh

produce; (2) dehy garlic, defined as garlic that has been mechanically

harvested and that is primarily, but not exclusively, destined for non-

fresh use; and (3) seed garlic, defined as garlic that has been

specially prepared and cultivated prior to planting and then harvested

and otherwise prepared for use as seed. The ITC determined that the

industry in the United States producing fresh garlic, as defined by the

ITC, is materially injured by reason of less than fair value (LTFV)

imports from the PRC, but that critical circumstances do not exist with

regard to such imports. The ITC further determined that the industries

in the United States producing dehy and seed garlic are not materially

injured nor threatened with material injury by reason of LTFV imports

from the PRC.

Regarding fresh garlic, since the ITC determined that imports of

such merchandise are materially injuring a U.S. industry, but that

critical circumstances do not exist with regard to such imports,

retroactive imposition of antidumping duties is not necessary. All

unliquidated entries of fresh garlic from the PRC entered, or withdrawn

from warehouse, for consumption on or after July 11, 1994, the date on

which the Department published its preliminary determination (59 FR

35310), will be liable for the assessment of antidumping duties. The

Department will direct U.S. Customs officers to terminate the

suspension of liquidation for entries of fresh garlic from the PRC

entered, or withdrawn from warehouse, for consumption before July 11,

1994, and to release any bond or other security, and refund any cash

deposit, posted to secure the payment of estimated antidumping duties

with respect to these entries.

In accordance with section 736(a)(1) of the Act, we are directing

the Customs Service to assess antidumping duties equal to the amount by

which the foreign market value of the merchandise exceeds the United

State price for entries of fresh garlic from the PRC. These antidumping

duties will be assessed on all unliquidated entries of fresh garlic

from the PRC, as defined in the ``Scope of Order'' section of this

notice, that are entered, or withdrawn from warehouse, for consumption

on or after July 11, 1994. The Customs Service must require, at the

same time as importers would normally deposit estimated duties, the

following cash deposit for the subject merchandise:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/Producer/Exporter margin

percent

------------------------------------------------------------------------

All Manufacturers/Producers/Exporters...................... 376.67

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This notice constitutes the antidumping duty order with respect to

fresh garlic from the PRC, pursuant to section 736(a) of the Act.

Interested parties may contact the Central Records Unit, room B-099 of

the Main Commerce Building, for copies of an updated list of

antidumping orders currently in effect.

This order is published in accordance with section 736(a) of the

Act (19 U.S.C. 1673b(f)) and 19 CFR 353.21.

Dated: November 10, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-28462 Filed 11-15-94; 8:45 am]

BILLING CODE 3510-DO-P