Fresh Garlic From the People's Republic of China; Final Results of Antidumping Duty Administrative Review and Partial Termination of Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]

Fresh Garlic From the People's Republic of China; Final Results

of Antidumping Duty Administrative Review and Partial Termination of

Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review.

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SUMMARY: On June 20, 1997, the Department of Commerce published the

preliminary results of administrative review of the antidumping duty

order on fresh garlic from the People's Republic of China. The review

covers nine producers/exporters of subject merchandise. The period of

review is November 1, 1995, through October 31, 1996.

We gave interested parties an opportunity to comment on the

preliminary results. Since we received no comments from interested

parties, the final results are the same as our preliminary results. The

final dumping margin is listed below the section entitled ``Final

Results of the Review.''

EFFECTIVE DATE: September 30, 1997.

FOR FURTHER INFORMATION CONTACT: Andrea Chu or Robin Gray, Office of

AD/CVD Enforcement, Import Administration, International Trade

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

Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-

4733.

SUPPLEMENTARY INFORMATION:

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Tariff Act), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition,

unless otherwise indicated, all citations to the Department's

regulations are to19 CFR Part 353 (April 1997).

Background

On June 20, 1997, the Department published the preliminary results

of administrative review (62 FR 33601) of the antidumping duty order on

fresh garlic from the PRC (November 16, 1994, 59 FR 59209). Because we

determined that one named respondent, Rizhao Hanxi Fisheries &

Comprehensive Development Co., Ltd., failed to submit a complete

response to our questionnaire and the remaining named respondents

failed to respond at all to our questionnaires, we preliminarily

determined to use facts otherwise available for cash deposit and

assessment purposes for all PRC producers/exporters of the subject

merchandise. We received no comments from interested parties on our

preliminary results.

We have conducted this administrative review in accordance with

section 751 of the Tariff Act.

Scope of the Review

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.

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 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 Customs Service to that effect.

Final Results of the Review

As a result of our review, we determine that a margin of 376.67

percent exists for all producers/exporters of the subject merchandise

from the PRC for the period November 1, 1995 through October 31, 1996.

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

will issue appraisement instructions directly to the Customs Service.

Furthermore, the following cash deposit requirements will be

effective upon publication of these final results for all shipments of

the subject merchandise entered, or withdrawn from warehouse, for

consumption on or after the publication date, as provided for by

section 751(a)(1) of the Tariff Act: (1) for all PRC exporters, all of

which were found not to be entitled to separate rates, the cash deposit

will be 376.67 percent; and (2) for other non-PRC exporters of subject

merchandise from the PRC, 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.

This notice serves as a reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation

[[Page 51083]]

of the relevant entries during this review period. Failure to comply

with this requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

This notice also serves as a reminder to parties subject to

administrative protective orders (APO) of their responsibility

concerning disposition of proprietary information disclosed under APO

in accordance with 19 CFR 353.34(d). 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 the terms of an APO is a sanctionable violation.

This administrative review and notice are in accordance with

section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR

353.22 (1997).

Dated: September 11, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 97-25784 Filed 9-29-97; 8:45 am]

BILLING CODE 3510-DS-P