[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-28462] [[Page Unknown]] [Federal Register: November 16, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Antidumping Duty Order: Fresh Garlic From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 16, 1994. FOR FURTHER INFORMATION CONTACT: Jennifer Stagner, Office of Antidumping Investigations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C., 20230; telephone (202) 482-1673. Scope of Order 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.\1\ --------------------------------------------------------------------------- \1\Fresh Garlic from the People's Republic of China, Inv. No. 731-TA-683 (Final), USITC Pub. 2825 (November 1994). --------------------------------------------------------------------------- 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 duties ordered in this notice, 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. We invite interested parties to provide suggested language for the certifications within ten days after publication of this order. Antidumping Duty Order In accordance with section 735(a) of the Tariff Act of 1930, as amended (the Act), on September 19, 1994, the Department of Commerce (the Department) made its final determination that fresh garlic from the People's Republic of China (PRC) is being sold at less than fair value (59 FR 49058, September 26, 1994). On November 7, 1994, in accordance with section 735(d) of the Act, the U.S. International Trade Commission (ITC) notified the Department of its final determination in this investigation. In its determination, the ITC found three like products: (1) Fresh garlic, defined as garlic that has been manually harvested and is intended for use as fresh produce; (2) dehy garlic, defined as garlic that has been mechanically harvested and that is primarily, but not exclusively, destined for non- fresh use; and (3) seed garlic, defined as garlic that has been specially prepared and cultivated prior to planting and then harvested and otherwise prepared for use as seed. The ITC determined that the industry in the United States producing fresh garlic, as defined by the ITC, is materially injured by reason of less than fair value (LTFV) imports from the PRC, but that critical circumstances do not exist with regard to such imports. The ITC further determined that the industries in the United States producing dehy and seed garlic are not materially injured nor threatened with material injury by reason of LTFV imports from the PRC. Regarding fresh garlic, since the ITC determined that imports of such merchandise are materially injuring a U.S. industry, but that critical circumstances do not exist with regard to such imports, retroactive imposition of antidumping duties is not necessary. All unliquidated entries of fresh garlic from the PRC entered, or withdrawn from warehouse, for consumption on or after July 11, 1994, the date on which the Department published its preliminary determination (59 FR 35310), will be liable for the assessment of antidumping duties. The Department will direct U.S. Customs officers to terminate the suspension of liquidation for entries of fresh garlic from the PRC entered, or withdrawn from warehouse, for consumption before July 11, 1994, and to release any bond or other security, and refund any cash deposit, posted to secure the payment of estimated antidumping duties with respect to these entries. In accordance with section 736(a)(1) of the Act, we are directing the Customs Service to assess antidumping duties equal to the amount by which the foreign market value of the merchandise exceeds the United State price for entries of fresh garlic from the PRC. These antidumping duties will be assessed on all unliquidated entries of fresh garlic from the PRC, as defined in the ``Scope of Order'' section of this notice, that are entered, or withdrawn from warehouse, for consumption on or after July 11, 1994. The Customs Service must require, at the same time as importers would normally deposit estimated duties, the following cash deposit for the subject merchandise: ------------------------------------------------------------------------ Weighted- average Manufacturer/Producer/Exporter margin percent ------------------------------------------------------------------------ All Manufacturers/Producers/Exporters...................... 376.67 ------------------------------------------------------------------------ This notice constitutes the antidumping duty order with respect to fresh garlic from the PRC, pursuant to section 736(a) of the Act. Interested parties may contact the Central Records Unit, room B-099 of the Main Commerce Building, for copies of an updated list of antidumping orders currently in effect. This order is published in accordance with section 736(a) of the Act (19 U.S.C. 1673b(f)) and 19 CFR 353.21. Dated: November 10, 1994. Susan G. Esserman, Assistant Secretary for Import Administration. [FR Doc. 94-28462 Filed 11-15-94; 8:45 am] BILLING CODE 3510-DO-P