82 FR 51394 - Continuation of Antidumping Duty Order: Fresh Garlic From the People's Republic of China
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 213 (November 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51394-51394 | |
| FR Document | 2017-24071 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Notices] [Page 51394] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24071] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Continuation of Antidumping Duty Order: Fresh Garlic From the People's Republic of China AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) and the U.S. International Trade Commission (ITC) determined that revocation of the antidumping duty order (AD Order) on fresh garlic from the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation for this AD Order. DATES: Applicable November 6, 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 November 16, 1994, the Department of Commerce published in the Federal Register the AD Order on fresh garlic from the PRC.\1\ On April 3, 2017, the Department published in the Federal Register a notice of initiation of its fourth five-year (sunset) review of the AD Order on fresh garlic from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Fresh Garlic from the People's Republic of China, 59 FR 59209 (November 16, 1994). \2\ See Initiation of Five-Year (``Sunset'') Reviews, 82 FR 16159 (April 3, 2017). --------------------------------------------------------------------------- The Department conducted this sunset review on an expedited basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and adequate response from a domestic interested party but no substantive responses from respondent interested parties. As a result of this sunset review, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.\3\ --------------------------------------------------------------------------- \3\ See Fresh Garlic from the People's Republic of China: Final Results of Fourth Expedited Sunset Review of the Antidumping Duty Order, 82 FR 36752 (August 7, 2017) and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- On October 24, 2017, the ITC published its determination that revocation of the AD Order on fresh garlic would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(C) of the Act.\4\ --------------------------------------------------------------------------- \4\ See Fresh Garlic from China, 82 FR 49230 (October 24, 2017). --------------------------------------------------------------------------- Scope of the Order The products subject to the AD 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 AD 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 AD 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 (CBP) to that effect. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the AD Order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD Order on fresh garlic from the PRC. CBP will continue to collect antidumping duty cash 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 will be the date of publication in the Federal Register of the notice of continuation of the AD Order on fresh garlic. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the sunset review of this order not later than 30 days prior to the fifth anniversary of the effective date of continuation. The sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: October 31, 2017. 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. [FR Doc. 2017-24071 Filed 11-3-17; 8:45 am] BILLING CODE 3510-DS-P
![51394 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
Dated: October 31, 2017. fresh garlic from the PRC.1 On April 3, 0703.20.0015, 0703.20,0010,
Gary Taverman, 2017, the Department published in the 0703.20.0020, 0703.20.0090,
Deputy Assistant Secretary for Antidumping Federal Register a notice of initiation of 0710.80.7060, 0710.80.9750,
and Countervailing Duty Operations, its fourth five-year (sunset) review of the 0711.90.6000, 0711.90.6500,
performing the non-exclusive functions and AD Order on fresh garlic from the PRC, 2005.90.9500, 2005.90.9700 and
duties of Assistant Secretary for Enforcement pursuant to section 751(c) of the Tariff 2005.99.9700 of the Harmonized Tariff
and Compliance. Act of 1930, as amended (the Act).2 Schedule of the United States (HTSUS).
Appendix The Department conducted this Although the HTSUS subheadings are
sunset review on an expedited basis,
List of Topics Discussed in the Issues and provided for convenience and customs
pursuant to section 751(c)(3)(B) of the
Decision Memorandum purposes, the written description of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
I. Summary because it received a complete, timely, scope of the order is dispositive. In
II. Background and adequate response from a domestic order to be excluded from the AD Order
III. Scope of the Orders interested party but no substantive garlic entered under the HTSUS
IV. History of the Orders responses from respondent interested subheadings listed above that is (1)
V. Legal Framework parties. As a result of this sunset review, mechanically harvested and primarily,
VI. Discussion of the Issues but not exclusively, destined for non-
1. Likelihood of Continuation or
the Department determined that
revocation of the AD order would likely fresh use or (2) specially prepared and
Recurrence of Dumping
2. Magnitude of the Margins Likely To lead to a continuation or recurrence of cultivated prior to planting and then
Prevail dumping and, therefore, notified the ITC harvested and otherwise prepared for
VII. Final Results of Sunset Reviews of the magnitude of the margins likely use as seed must be accompanied by
VIII. Recommendation to prevail should the order be revoked.3 declarations to U.S. Customs and Border
[FR Doc. 2017–24074 Filed 11–3–17; 8:45 am] On October 24, 2017, the ITC Protection (CBP) to that effect.
BILLING CODE 3510–DS–P
published its determination that
revocation of the AD Order on fresh Continuation of the Order
garlic would likely lead to a
As a result of the determinations by
DEPARTMENT OF COMMERCE continuation or recurrence of material
injury to an industry in the United the Department and the ITC that
States within a reasonably foreseeable revocation of the AD Order would likely
International Trade Administration
time, pursuant to section 751(C) of the lead to a continuation or recurrence of
Act.4 dumping and material injury to an
[A–570–831] industry in the United States, pursuant
Scope of the Order to section 751(d)(2) of the Act and 19
Continuation of Antidumping Duty
Order: Fresh Garlic From the People’s The products subject to the AD Order CFR 351.218(a), the Department hereby
Republic of China are all grades of garlic, whole or orders the continuation of the AD Order
separated into constituent cloves, on fresh garlic from the PRC.
AGENCY: Enforcement and Compliance, whether or not peeled, fresh, chilled,
CBP will continue to collect
International Trade Administration, frozen, provisionally preserved, or
antidumping duty cash deposits at the
Department of Commerce. packed in water or other neutral
substance, but not prepared or rates in effect at the time of entry for all
SUMMARY: The Department of Commerce preserved by the addition of other imports of subject merchandise. The
(Department) and the U.S. International ingredients or heat processing. The effective date of the continuation of this
Trade Commission (ITC) determined differences between grades are based on order will be the date of publication in
that revocation of the antidumping duty color, size, sheathing, and level of the Federal Register of the notice of
order (AD Order) on fresh garlic from decay. continuation of the AD Order on fresh
the People’s Republic of China (PRC) The scope of the AD Order does not garlic. Pursuant to section 751(c)(2) of
would likely lead to a continuation or include the following: (a) Garlic that has the Act, the Department intends to
recurrence of dumping and material been mechanically harvested and that is initiate the sunset review of this order
injury to an industry in the United primarily, but not exclusively, destined not later than 30 days prior to the fifth
States. Therefore, the Department is for non-fresh use; or (b) garlic that has anniversary of the effective date of
publishing a notice of continuation for been specially prepared and cultivated continuation.
this AD Order. prior to planting and then harvested and The sunset review and this notice are
otherwise prepared for use as seed.
DATES: Applicable November 6, 2017. The subject merchandise is used in accordance with section 751(c) of the
principally as a food product and for Act and published pursuant to section
FOR FURTHER INFORMATION CONTACT:
seasoning. The subject garlic is 777(i)(1) of the Act and 19 CFR
Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and currently classifiable under subheadings 351.218(f)(4).
Compliance, International Trade 0703.20.0000, 0703.20.0005, Dated: October 31, 2017.
Administration, U.S. Department of Gary Taverman,
1 See Antidumping Duty Order: Fresh Garlic from
Commerce, 1401 Constitution Avenue Deputy Assistant Secretary for Antidumping
the People’s Republic of China, 59 FR 59209
NW., Washington, DC 20230; telephone: (November 16, 1994). and Countervailing Duty Operations,
Pmangrum on DSK3GDR082PROD with NOTICES
(202) 482–5255. 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, performing the non-exclusive functions and
SUPPLEMENTARY INFORMATION:
82 FR 16159 (April 3, 2017). duties of the Assistant Secretary for
3 See Fresh Garlic from the People’s Republic of Enforcement and Compliance.
Background China: Final Results of Fourth Expedited Sunset [FR Doc. 2017–24071 Filed 11–3–17; 8:45 am]
Review of the Antidumping Duty Order, 82 FR
On November 16, 1994, the 36752 (August 7, 2017) and accompanying Issues BILLING CODE 3510–DS–P
and Decision Memorandum.
Department of Commerce published in 4 See Fresh Garlic from China, 82 FR 49230
the Federal Register the AD Order on (October 24, 2017).
VerDate Sep<11>2014 14:48 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\06NON1.SGM 06NON1](https://thefederalregister.org/doc/82_FR_51607/page/1.svg)
Document Created: 2017-11-07 10:30:52
Document Modified: 2017-11-07 10:30:52
| 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 November 6, 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 51394 |
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