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)

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, 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