82 FR 36752 - Fresh Garlic From the People's Republic of China: Final Results of Fourth Expedited Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 150 (August 7, 2017)

Page Range		36752-36753
FR Document		2017-16575

As a result of this sunset review, the Department finds that revocation of the antidumping duty order on fresh garlic would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margin likely to prevail is indicated in the ``Final Results of Sunset Review'' section of this notice.

Federal Register, Volume 82 Issue 150 (Monday, August 7, 2017)

[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36752-36753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16575]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-831]


Fresh Garlic From the People's Republic of China: Final Results 
of Fourth Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department finds that 
revocation of the antidumping duty order on fresh garlic would be 
likely to lead to continuation or recurrence of dumping. The magnitude 
of the dumping margin likely to prevail is indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Applicable August 7, 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 April 3, 2017, the Department published the notice of initiation 
of the fourth sunset review of the antidumping duty order on fresh 
garlic from the PRC pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\1\ The Department received a notice of 
intent to participate from the Fresh Garlic Producers Association and 
its individual members: Christopher Ranch LLC; The Garlic Company; 
Valley Garlic, Inc.; and Vessey and Company, Inc. (collectively, the 
domestic interested parties), within the deadline specified in 19 CFR 
351.218(d)(1)(i). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act as domestic producers 
and packagers of fresh garlic and a trade association whose members 
produce and process a domestic like product in the United States. The 
Department received an adequate substantive response to the notice of 
initiation from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). We received no responses 
from the respondent interested parties. As a result, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR

[[Page 36753]]

351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 82 FR 
16159 (April 3, 2017).
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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 the 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 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 U.S. Customs and Border Protection to that effect.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum,\2\ the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the order 
is revoked. Parties can find a complete discussion of all issues raised 
in this review and corresponding recommendations in the Issues and 
Decision Memorandum, which is on file electronically via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Services System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov/login.aspx in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
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    \2\ See ``Issues and Decision Memorandum: Final Results of 
Expedited Fourth Sunset Review of the Antidumping Duty Order on 
Fresh Garlic from the People's Republic of China,'' from 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, to James Maeder, Senior Director performing the duties 
of the Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, which is dated concurrently with this Federal 
Register notice (Issues and Decision Memorandum).
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Final Results of Review

    We determine that revocation of the antidumping duty order on fresh 
garlic from the PRC would be likely to lead to continuation or 
recurrence of dumping. We determine that the weighted-average dumping 
margin likely to prevail is a margin up to 376.67 percent.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: August 1, 2017.
Gary Taverman,
Deputy Assistant Secretary, performing the non-exclusive functions and 
duties of the Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-16575 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices 36753

351.218(e)(1)(ii)(C)(2), the Department continuation or recurrence of dumping COMMITTEE FOR PURCHASE FROM
conducted an expedited (120-day) and the magnitude of the margins likely PEOPLE WHO ARE BLIND OR
sunset review of the order. to prevail if the order is revoked. Parties SEVERELY DISABLED
Scope of the Order can find a complete discussion of all
issues raised in this review and Procurement List; Proposed Additions
The products subject to the corresponding recommendations in the and Deletions
antidumping duty order are all grades of
Issues and Decision Memorandum, AGENCY: Committee for Purchase From
garlic, whole or separated into
which is on file electronically via People Who Are Blind or Severely
constituent cloves, whether or not
peeled, fresh, chilled, frozen, Enforcement and Compliance’s Disabled.
provisionally preserved, or packed in Antidumping and Countervailing Duty ACTION: Proposed additions to and
water or other neutral substance, but not Centralized Electronic Services System deletions from the Procurement List.
prepared or preserved by the addition of (ACCESS). ACCESS is available to
other ingredients or heat processing. registered users at https:// SUMMARY: The Committee is proposing
The differences between grades are access.trade.gov/login.aspx in the to add products to the Procurement List
based on color, size, sheathing, and Central Records Unit, Room B8024 of that will be furnished by a nonprofit
level of decay. the main Department of Commerce agency employing persons who are
The scope of the order does not building. In addition, a complete blind or have other severe disabilities,
include the following: (a) Garlic that has version of the Issues and Decision and deletes products and services
been mechanically harvested and that is Memorandum can be accessed directly previously furnished by such agencies.
primarily, but not exclusively, destined on the Internet at http:// DATES: Comments must be received on
for non-fresh use; or (b) garlic that has enforcement.trade.gov/frn/. The signed or before September 3, 2017.
been specially prepared and cultivated Issues and Decision Memorandum and ADDRESSES: Committee for Purchase
prior to planting and then harvested and the electronic versions of the Issues and from People Who are Blind or Severely
otherwise prepared for use as seed. Decision Memorandum are identical in Disabled, 1401 S. Clark Street, Suite
The subject merchandise is used
content. 715, Arlington, Virginia 22202–4149.
principally as a food product and for
seasoning. The subject garlic is Final Results of Review FOR FURTHER INFORMATION CONTACT: For
currently classifiable under subheadings further information or to submit
0703.20.0000, 0703.20.0005, We determine that revocation of the comments contact: Amy B. Jensen,
0703.20.0015, 0703.20,0010, antidumping duty order on fresh garlic Telephone: (703) 603–7740, Fax: (703)
0703.20.0020, 0703.20.0090, from the PRC would be likely to lead to 603–0655, or email CMTEFedReg@
0710.80.7060, 0710.80.9750, continuation or recurrence of dumping. AbilityOne.gov.
0711.90.6000, 0711.90.6500, We determine that the weighted-average SUPPLEMENTARY INFORMATION: This
2005.90.9500, 2005.90.9700 and dumping margin likely to prevail is a notice is published pursuant to 41
2005.99.9700 of the Harmonized Tariff margin up to 376.67 percent. U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
Schedule of the United States (HTSUS). purpose is to provide interested persons
This notice also serves as the only
Although the HTSUS subheadings are an opportunity to submit comments on
provided for convenience and customs reminder to parties subject to
administrative protective order (APO) of the proposed actions.
purposes, the written description of the
scope of the order is dispositive. In their responsibility concerning the Additions
order to be excluded from the return or destruction of proprietary
If the Committee approves the
antidumping duty order, garlic entered information disclosed under APO in
proposed additions, the entities of the
under the HTSUS subheadings listed accordance with 19 CFR 351.305.
Federal Government identified in this
above that is (1) mechanically harvested Timely notification of the return or
notice will be required to procure the
and primarily, but not exclusively, destruction of APO materials or products listed below from the
destined for non-fresh use or (2) conversion to judicial protective orders nonprofit agency employing persons
specially prepared and cultivated prior is hereby requested. Failure to comply who are blind or have other severe
to planting and then harvested and with the regulations and terms of an disabilities.
otherwise prepared for use as seed must APO is a violation which is subject to The following products are proposed
be accompanied by declarations to U.S. sanction. for addition to the Procurement List for
Customs and Border Protection to that production by the nonprofit agency
We are issuing and publishing these
effect. listed:
results and notice in accordance with
Analysis of Comments Received sections 751(c), 752(c), and 777(i)(1) of
the Act. Products
All issues raised in this review are
addressed in the Issues and Decision NSN(s)—Product Name(s):
Dated: August 1, 2017. 7125–00–NIB–0006—Cabinet, Storage,
Memorandum,2 the likelihood of Gary Taverman, Blow-Molded, 46″, Black
2 See ‘‘Issues and Decision Memorandum: Final Deputy Assistant Secretary, performing the 7125–00–NIB–0007—Cabinet, Storage,
non-exclusive functions and duties of the Blow-Molded, 46″, Platinum
Results of Expedited Fourth Sunset Review of the
Antidumping Duty Order on Fresh Garlic from the Assistant Secretary for Enforcement and 7125–00–NIB–0008—Cabinet, Storage,
People’s Republic of China,’’ from Gary Taverman, Compliance. Blow-Molded, 66″, Black
mstockstill on DSK30JT082PROD with NOTICES

Deputy Assistant Secretary for Antidumping and 7125–00–NIB–0009—Cabinet, Storage,
[FR Doc. 2017–16575 Filed 8–4–17; 8:45 am]
Countervailing Duty Operations, performing the Blow-Molded, 66″, Platinum
non-exclusive functions and duties of the Assistant BILLING CODE 3510–DS–P 7125–00–NIB–0010—Cabinet, Storage,
Secretary for Enforcement and Compliance, to Blow-Molded, 72″, Black
James Maeder, Senior Director performing the
duties of the Deputy Assistant Secretary for 7125–00–NIB–0011—Cabinet, Storage,
Antidumping and Countervailing Duty Operations, Blow-Molded, 72″, Platinum
which is dated concurrently with this Federal 7125–00–NIB–0012—Shelf, Open Storage,
Register notice (Issues and Decision Memorandum). 4 Shelves, 54″, Platinum

VerDate Sep<11>2014 18:14 Aug 04, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\07AUN1.SGM 07AUN1

Document Created: 2017-08-05 03:00:02
Document Modified: 2017-08-05 03:00:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable August 7, 2017.
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.
FR Citation		82 FR 36752

82 FR 36752 - Fresh Garlic From the People's Republic of China: Final Results of Fourth Expedited Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 150 (August 7, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration