Fresh Garlic From the People's Republic of China; Initiation of New Shipper Review, 57561-57562 [05-19685]

Download as PDF Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices DOC Case No. A–201–802 ............................. ITC Case No. 731–TA–451 Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department’s regulations regarding Sunset Reviews (19 CFR 351.218) and Sunset Policy Bulletin, the Department’s schedule of Sunset Reviews, case history information (i.e., previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department’s sunset Internet website at the following address: ‘‘https://ia.ita.doc.gov/sunset/.’’ All submissions in these Sunset Reviews must be filed in accordance with the Department’s regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 15 days of the publication of the Notice of Initation. Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (‘‘APO’’) immediately following publication in the Federal Register of the notice of initiation of the sunset review. The Department’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day VerDate Aug<31>2005 17:26 Sep 30, 2005 Country Jkt 205001 Mexico Product Department Contact Gray Portland Cement & Clinker deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order–specific notice of intent to participate from a domestic interested party, the Department’s regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order–specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department’s information requirements are distinct from the Commission’s information requirements. Please consult the Department’s regulations for information regarding the Department’s conduct of Sunset Reviews.1 Please consult the Department’s regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: September 20, 2005. Holly A. Kuga, Senior Office Director, AD/CVD Operations, Office 4, for Import Administration. [FR Doc. 05–19753 Filed 9–30–05; 8:45 am] BILLING CODE 3510–DS–S 57561 Zev Primor(202) 482–4114 DEPARTMENT OF COMMERCE International Trade Administration A–570–831 Fresh Garlic From the People’s Republic of China; Initiation of New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 3, 2005. SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that a request for a new shipper review of the antidumping duty order on fresh garlic from the People’s Republic of China (‘‘PRC’’), received in May 2005, meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) of this new shipper review is November 1, 2004, through April 30, 2005. FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Wendy Frankel, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1277 and (202) 482–5849, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The notice announcing the antidumping duty order on fresh garlic from the PRC was published on November 16, 1994. On May 31,2005, we received a request for a new shipper review from Qufu Dongbao Import & Export Trade Co., Ltd., (Dongbao). Dongbao certified that it grew and exported the garlic on which it based its request for a new shipper review. Initiation of New Shipper Reviews. 1 In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2), Dongbao certified that it did not export fresh garlic to the United States during the period of investigation (POI). Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Dongbao, certified that, since the initiation of the investigation, it has never been affiliated with any exporter or grower who exported fresh garlic to the United States during the POI, including those not individually examined during the investigation. As E:\FR\FM\03OCN1.SGM 03OCN1 57562 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices required by 19 CFR 351.214(b)(2)(iii)(B), Dongbao also certified that its export activities were not controlled by the central government of the PRC. In addition to the certifications described above, the exporter submitted documentation establishing the following: (1) the date on which it first shipped fresh garlic for export to the United States and the date on which the fresh garlic was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment and the volume of subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States. Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), we are initiating this new shipper review for shipments of fresh garlic from the PRC grown and exported by Dongbao. The POR is November 1, 2004, through April 30, 2005. See 19 CFR 351.214(g)(1)(i)(B). We intend to issue preliminary results of these reviews no later than 180 days from the date of initiation, and final results of these reviews no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. Because Dongbao has certified that it grew and exported the fresh garlic on which it based its request for a new shipper review, we will instruct U.S. Customs and Border Protection (CBP) to allow, at the option of the importer, the posting of a bond or security in lieu of a cash deposit for each entry of fresh garlic both grown and exported by Dongbao until the completion of the new shipper review, pursuant to section 751(a)(2)(B)(iii) of the Act. Interested parties that need access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: September 23, 2005. Holly A. Kuga, Acting Assistant Secretary for Import Administration. [FR Doc. 05–19685 Filed 9–30–05; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 17:26 Sep 30, 2005 Jkt 205001 DEPARTMENT OF COMMERCE International Trade Administration (A–331–802) Notice of Initiation of New Shipper Antidumping Duty Review: Certain Frozen Warmwater Shrimp from Ecuador Import Administration, International Trade Administration, Department of Commerce. ACTION: Initiation of New Shipper Antidumping Duty Review. AGENCY: SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador published on February 1, 2005 (70 FR 5156). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping new shipper review of Studmark, S.A. (Studmark). EFFECTIVE DATE: October 3, 2005. FOR FURTHER INFORMATION CONTACT: David Goldberger or Gemal Brangman, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4136 or (202) 482– 3773, respectively; SUPPLEMENTARY INFORMATION: The Department received a timely request from Studmark, in accordance with 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005). Pursuant to 19 CFR 351.214(b), Studmark certified that it is both an exporter and producer of the subject merchandise, that it did not export subject merchandise to the United States during the period of the investigation (POI) (October 1, 2002, through September 30, 2003), and that it was not affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI. Studmark also submitted documentation establishing the date on which the subject merchandise was first entered for consumption, the volume shipped, and the date of its first sale to an unaffiliated customer in the United States. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Scope of the Order The scope of this order includes certain warmwater shrimp and prawns, whether frozen, wild–caught (ocean harvested) or farm–raised (produced by aquaculture), head–on or head–off, shell–on or peeled, tail–on or tail–off,1 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of this order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild– caught warmwater species include, but are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of this order. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of this order. Excluded from the scope are: 1) breaded shrimp and prawns (HTS subheading 1605.20.10.20); 2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; 3) fresh shrimp and prawns whether shell–on or peeled (HTS subheading 0306.23.00.20 and 0306.23.00.40); 4) shrimp and prawns in prepared meals (HTS subheading 1605.20.05.10); 5) dried shrimp and prawns; 6) canned warmwater shrimp and prawns (HTS subheading 1605.20.10.40); 7) certain dusted shrimp; and 8) certain battered shrimp. 1 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57561-57562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19685]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-831


Fresh Garlic From the People's Republic of China; Initiation of 
New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: October 3, 2005.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that a request for a new shipper review of the antidumping duty order 
on fresh garlic from the People's Republic of China (``PRC''), received 
in May 2005, meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') of this new shipper review 
is November 1, 2004, through April 30, 2005.

FOR FURTHER INFORMATION CONTACT: Ryan A. Douglas or Wendy Frankel, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1277 and (202) 482-5849, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fresh garlic 
from the PRC was published on November 16, 1994. On May 31,2005, we 
received a request for a new shipper review from Qufu Dongbao Import & 
Export Trade Co., Ltd., (Dongbao). Dongbao certified that it grew and 
exported the garlic on which it based its request for a new shipper 
review.

Initiation of New Shipper Reviews.

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2), Dongbao certified that it did not export fresh garlic to 
the United States during the period of investigation (POI). Pursuant to 
section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Dongbao, certified that, since the initiation of 
the investigation, it has never been affiliated with any exporter or 
grower who exported fresh garlic to the United States during the POI, 
including those not individually examined during the investigation. As

[[Page 57562]]

required by 19 CFR 351.214(b)(2)(iii)(B), Dongbao also certified that 
its export activities were not controlled by the central government of 
the PRC.
    In addition to the certifications described above, the exporter 
submitted documentation establishing the following: (1) the date on 
which it first shipped fresh garlic for export to the United States and 
the date on which the fresh garlic was first entered, or withdrawn from 
warehouse, for consumption; (2) the volume of its first shipment and 
the volume of subsequent shipments; and (3) the date of its first sale 
to an unaffiliated customer in the United States.
    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we are initiating this new shipper review for shipments 
of fresh garlic from the PRC grown and exported by Dongbao.
    The POR is November 1, 2004, through April 30, 2005. See 19 CFR 
351.214(g)(1)(i)(B). We intend to issue preliminary results of these 
reviews no later than 180 days from the date of initiation, and final 
results of these reviews no later than 270 days from the date of 
initiation. See section 751(a)(2)(B)(iv) of the Act.
    Because Dongbao has certified that it grew and exported the fresh 
garlic on which it based its request for a new shipper review, we will 
instruct U.S. Customs and Border Protection (CBP) to allow, at the 
option of the importer, the posting of a bond or security in lieu of a 
cash deposit for each entry of fresh garlic both grown and exported by 
Dongbao until the completion of the new shipper review, pursuant to 
section 751(a)(2)(B)(iii) of the Act. Interested parties that need 
access to proprietary information in this new shipper review should 
submit applications for disclosure under administrative protective 
order in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 23, 2005.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-19685 Filed 9-30-05; 8:45 am]
BILLING CODE 3510-DS-S