[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61708-61709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-25]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Continuation of Antidumping Duty Order: Fresh Garlic from the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``Commission'') that revocation of the antidumping duty order would be
likely to lead to continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (``the Act''), the Department
hereby orders the continuation of the antidumping duty order on fresh
garlic from the People's Republic of China (``the PRC''). The
Department is publishing this notice of continuation of the antidumping
duty
[[Page 61709]]
order in accordance with 19 CFR 351.218(f)(4).
EFFECTIVE DATE: October 19, 2006.
FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Juanita H.
Chen, AD/CVD Operations, Office 8, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-4340
or (202) 482-1904, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2006, the Department initiated and the Commission
instituted a sunset review of the antidumping duty order on fresh
garlic from the PRC pursuant to section 751(c) of the Act. See
Initiation of Five-year (``Sunset'') Reviews, 71 FR 5243 (February 1,
2006). As a result of its review, the Department found that revocation
of the antidumping duty order would be likely to lead to continuation
or recurrence of dumping and notified the Commission of the magnitude
of the margins likely to prevail were the order to be revoked. See
Fresh Garlic from the People's Republic of China: Notice of Final
Results of the Expedited Sunset Review of the Antidumping Duty Order,
71 FR 33279 (June 8, 2006).
The Commission determined, pursuant to section 751(c) of the Act,
that revocation of the antidumping duty order on fresh garlic from the
PRC would be likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. See Fresh Garlic from China, 71 FR 58630 (October 4,
2006) and USITC Publication 3886 (September 2006) (Inv. No. 731-TA-683
(Second Review)).
Scope of the Order
The products subject to the 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 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 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060,
0710.80.9750, 0711.90.6000, and 2005.90.9700 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 this order 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 Customs and Border Protection to that effect.
Determination
As a result of the determinations by the Department and the
Commission that revocation of this antidumping duty order would be
likely to lead to continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to sections
751(d)(2)(A) and (B) of the Act, the Department hereby orders the
continuation of the antidumping duty order on fresh garlic from the
PRC.
U.S. Customs and Border Protection will continue to collect
antidumping duty 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 is the date of publication in the Federal
Register of this continuation notice. Pursuant to section 751(c)(2) of
the Act, the Department intends to initiate the next five-year review
of this antidumping order not later than October 2011.
This sunset review has been conducted in accordance with section
751(c) of the Act, and this continuation notice is published pursuant
to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-17358 Filed 10-18-06; 8:45 am]
BILLING CODE 3510-DS-S