Fresh Garlic From the People's Republic of China; Initiation of New Shipper Review, 61787-61788 [E5-5951]

Download as PDF Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices The application indicates a need for zone services in the Lawrence County, Ohio, area. Several firms have indicated an interest in using zone procedures for warehousing/distribution activities. Specific manufacturing approvals are not being sought at this time. Requests would be made to the Board on a case– by-case basis. In accordance with the Board’s regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. As part of the investigation, the Commerce examiner will hold a public hearing on November 17, 2005, at 2 p.m., SouthPoint Community Center, 404 Second Street West, South Point, Ohio. Public comment on the application is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at one of the following addresses below: 1. Submissions via Express/Package Delivery Services: Foreign–Trade Zones Board, U.S. Department of Commerce, Franklin Court Building–Suite 4100W, 1099 14th Street, NW, Washington, DC 20005; or 2. Submissions via U.S. Postal Service: Foreign–Trade Zones Board, U.S. Department of Commerce, FCB–4100W, 1401 Constitution Avenue, NW, Washington, DC 20230. The closing period for their receipt is December 27, 2005. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to January 9, 2006). A copy of the application will be available for public inspection at the Office of the Foreign–Trade Zones Board’s Executive Secretary at address No. 1 listed above and the Lawrence Economic Development Corporation, 216 Collins Avenue, South Point, Ohio 45680. Dated: October 20, 2005. Dennis Puccinelli, Executive Secretary. [FR Doc. 05–21387 Filed 10–25–05; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 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 26, 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. See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 FR 59209 (November 16, 1994). On May 17, 2005, we received a timely request for a new shipper review from Anqiu Friend Food Co., Ltd. (‘‘Anqiu Friend’’) in accordance with 19 CFR 351.214(d)(2). Anqiu Friend has certified that it grew and exported the garlic on which it based its request for a new shipper review. The Department initially denied Anqiu Friend’s request for a new shipper review in this case. However, as a result of litigation and agreement with the requester, the Department has reconsidered its decision and is now initiating the new shipper review. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.214(b)(2), Anqiu Friend 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), Anqiu Friend certified that, since the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 61787 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 required by 19 CFR 351.214(b)(2)(iii)(B), Anqiu Friend 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 Anqiu Friend. See Memorandum to the File through Wendy Frankel, ‘‘New Shipper Initiation Checklist,’’ dated October 12, 2005. 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 Anqiu Friend 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 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 Anqiu Friend 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). E:\FR\FM\26OCN1.SGM 26OCN1 61788 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices Dated: October 20, 2005. Joseph A. Spetrini, Acting Assistant Secretaryfor Import Administration. [FR Doc. E5–5951 Filed 10–25–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished or Unfinished From The People’s Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, and Sept 12, 2005, respectively, Yantai Timken Company Limited (‘‘Yantai Timken’’) and Wanxiang Group Company (‘‘Wanxiang’’) withdrew their requests for administrative review. Accordingly, because no other party requested a review for either company, we are rescinding, in accordance with 19 CFR 351.213(d)(1), the administrative review of sales of tapered roller bearings and parts thereof, finished or unfinished (‘‘TRBs’’) from The People’s Republic of China (‘‘PRC’’) for the period covering June 1, 2004 through May 31, 2005, for Yantai Timken and Wanxiang. EFFECTIVE DATE: October 26, 2005. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Hua Lu, 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) 482–4243 and (202) 482–6478, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 15, 1987, the Department published in the Federal Register the antidumping duty order on TRBs from PRC. See Antidumping Duty Order: Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China, 52 FR 22667 (June 15, 1987). On June 1, 2005, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on TRBs from the PRC for the period June 1, 2004, through May 31, 2005. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request VerDate Aug<31>2005 16:26 Oct 25, 2005 Jkt 208001 Administrative Review, 70 FR 31422 (June 1, 2005). On June 30, 2005, Yantai Timken and Wanxiang requested administrative reviews of their sales to the United States during the period of review (‘‘POR’’). No other party requested an administrative review of Yantai Timken or Wanxiang for this time period. On July 21, 2005, the Department published in the Federal Register a notice of the initiation of the antidumping duty administrative review of TRBs from the PRC for the 2004–2005 POR. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 30694 (May 27, 2005) (‘‘Initiation Notice’’).1 Wanxiang withdrew its request for review on July 1, 2005 and on September 12, 2005, Yantai Timken withdrew its request for review. Partial Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of requested review. Yantai Timken and Wanxiang withdrew their respective requests for review within the 90-day time limit and no other party requested a review with respect to either Yantai Timken or Wanxiang. Accordingly, we are rescinding this administrative review of the sales in the United States made by Yantai Timken and Wanxiang and will issue appropriate assessment instructions to U.S. Customs and Border Protection. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s assumption that reimbursement of antidumping duties occurred and subsequent assessment of double antidumping duties. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department’s regulations. 1 The initiation notice inadvertently failed to include Wanxiang in the list of companies covered by the review. On August 29, 2005, the Department issued an amendment to its July 21, 2005, Initiation Notice, including Wanxiang in the 2004-2005 review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009, 51010 (August 29, 2005). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Dated: October 20, 2005. Gary Taverman, Acting Deputy Assistant Secretaryfor Import Administration. [FR Doc. E5–5950 Filed 10–25–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–475–819] Certain Pasta from Italy: Notice of Partial Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request made on July 29, 2005, by Moline e Pastificio Tomasello S.r.L., the Department of Commerce initiated an administrative review of the countervailing duty order on certain pasta from Italy, covering the period January 1, 2004, through December 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). As a result of a timely withdrawal of the request for review by Moline e Pastificio Tomasello S.r.L., we are rescinding this review, in part. EFFECTIVE DATE: October 26, 2005. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Marc Rivitz, AD/ CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–0182 and (202) 482–1382, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 24, 1996, the Department of Commerce (‘‘the Department’’) published a countervailing duty order on certain pasta from Italy. See Notice of Countervailing Duty Order and Amended Final Affirmative Countervailing Duty Determination: Certain Pasta (‘‘Pasta’’) From Italy, 61 FR 38543 (July 24, 1996). On July 29, 2005, Moline e Pastificio Tomasello S.r.L. requested an administrative review of the countervailing duty order on certain pasta from Italy covering the period January 1, 2004, through December 31, 2004. In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on August 29, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61787-61788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5951]


-----------------------------------------------------------------------

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 26, 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. See Antidumping Duty 
Order: Fresh Garlic From the People's Republic of China, 59 FR 59209 
(November 16, 1994). On May 17, 2005, we received a timely request for 
a new shipper review from Anqiu Friend Food Co., Ltd. (``Anqiu 
Friend'') in accordance with 19 CFR 351.214(d)(2). Anqiu Friend has 
certified that it grew and exported the garlic on which it based its 
request for a new shipper review. The Department initially denied Anqiu 
Friend's request for a new shipper review in this case. However, as a 
result of litigation and agreement with the requester, the Department 
has reconsidered its decision and is now initiating the new shipper 
review.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (``the Act'') and 19 CFR 351.214(b)(2), Anqiu Friend 
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), Anqiu 
Friend 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 required by 19 CFR 
351.214(b)(2)(iii)(B), Anqiu Friend 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 Anqiu Friend. See 
Memorandum to the File through Wendy Frankel, ``New Shipper Initiation 
Checklist,'' dated October 12, 2005.
    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 Anqiu Friend 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 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 
Anqiu Friend 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).


[[Page 61788]]


    Dated: October 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5951 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-DS-S

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