Fresh Garlic from the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 33279-33280 [E6-8940]

Download as PDF Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 2nd day of June 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–8934 Filed 6–7–06; 8:45 am] Forest Service Mendocino Resource Advisory Committee ACTION: Sunshine Act Notice International Trade Administration AGENCY: A–570–831 U.S. Commission on Civil Rights. Friday, June 16, 2006. 9:30 a.m., Commission Briefing and Meeting. DATE AND TIME: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Room 540, Washington, DC 20425. PLACE: STATUS: Agenda Forest Service, USDA. Notice of meeting. SUMMARY: The Mendocino County Resource Advisory Committee will meet June 15, 2006 (RAC) in Willits, California. Agenda items to be covered include: (1) Approval of minutes, (2) Handout Discussion, (3) Public Comment, (4) Financial Report, (5) Subcommittees, (6) Matters before the group, (7) Discussion—approval of projects, and (8) Next agenda and meeting date. The meeting will be held on June 16, 2006, from 9 a.m. to 12 noon. DATES: The meeting will be held at the Mendocino County Museum, located at 400 E. Commercial St., Willits, California. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Roberta Hurt, Committee Coordinator, USDA, Mendocino National Forest, Covelo Ranger District, 78150 Covelo Road, Covelo, CA 95428. (707) 983– 8503; e-mail rhurt@fs.fed.us. The meeting is open to the public. Persons who wish to bring matters to the attention of the Committee may file written statements with the Committee staff by June 12, 2006. Public comment will have the opportunity to address the committee at the meeting. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with NOTICES DEPARTMENT OF COMMERCE Commission Briefing: Affirmative Act and Law Schools • Introductory Remarks by Chairman. • Speaker’s Presentations. • Questions by Commissioners and Staff Director. DEPARTMENT OF AGRICULTURE AGENCY: COMMISSION ON CIVIL RIGHTS Briefing Agency BILLING CODE 3410–34–P I. Approval of Agenda II. Approval of Minutes of May 4, and May 5, 2006 Meetings III. Announcements IV. Staff Director’s Report V. Program Planning • FY 2008 Statutory Report on Religious Discrimination and Prisoner Rights. • Schedule for Briefing on Racially Identifiable School Districts in Omaha, NE. • Report from the Briefing on Campus Anti-Semitism. VI. Management and Operations • Web site: Posting Addendum to Transcript of November 2005 Briefing on Campus Anti-Semitism. • Proposed Information Quality Guidelines. • Working Group on Briefing Reports. • Strategic Planning. VII. State Advisory Committee Issues • Religious Discrimination and Prisoner Rights. • Recharter Package for the North Carolina State Advisory Committee. VIII. Future Agenda Items CONTACT PERSON FOR FURTHER INFORMATION: Audrey Wright, Office of the Staff Director (202) 376–7700. Dated: May 25, 2006. Blaine Baker, Designated Federal Official. [FR Doc. 06–5211 Filed 6–7–06; 8:45 am] Kenneth L. Marcus, Staff Director, Acting General Counsel. [FR Doc. 06–5276 Filed 6–6–06; 3:39 pm] BILLING CODE 3410–11–M BILLING CODE 6335–01–M VerDate Aug<31>2005 15:37 Jun 07, 2006 Jkt 208001 33279 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Fresh Garlic from the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2006, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on fresh garlic (‘‘garlic’’) from the People’s Republic of China (‘‘PRC’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties and inadequate response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice. EFFECTIVE DATE: June 8, 2006. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4340, or (202) 482–0783, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background: On February 1, 2006, the Department published the notice of initiation of the second sunset review of the antidumping duty order on garlic from the PRC pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 71 FR 5243 (February 1, 2006). The Department received the Notice of Intent to Participate from the Fresh Garlic Producers Association and its individual members: Christopher Ranch LLC; The Garlic Company; Valley Garlic; and Vessey and Company, Inc. (collectively ‘‘the domestic interested parties’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s Regulations (‘‘Sunset Regulations’’). The domestic interested parties claimed interested party status E:\FR\FM\08JNN1.SGM 08JNN1 33280 Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices cprice-sewell on PROD1PC66 with NOTICES under sections 771(9)(C) and (F) 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. We received complete substantive responses only from the domestic interested parties within the 30-day deadline specified in section 351.218(d)(3)(i) of the Deparment’s regulations. We received no responses from the respondent interested parties. As a result, pursuant to section 751(c)(5)(A) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department conducted an expedited (120-day) sunset review of this order. 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 this 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 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000, and 2005.90.9700 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 this 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 Customs and Border Protection to that effect. Analysis of Comments Received All issues raised in these reviews are addressed in the ‘‘Issues and Decision VerDate Aug<31>2005 15:37 Jun 07, 2006 Jkt 208001 Memorandum’’ (‘‘Decision Memo’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated June 1, 2006, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were to be revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B–099 of the main Commerce Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn, under the heading ‘‘June 2006.’’ The paper copy and electronic versions of the Decision Memorandum are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on garlic from the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted–average percentage margin: Manufacturers/Exporters/Producers Weighted Average Margin (percent) PRC–wide ..................... 376.67 We are issuing and publishing the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: June 1, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–8940 Filed 6–7–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–427–819) Low Enriched Uranium from France: Notice of Court Decision and Suspension of Liquidation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 18, 2006, the United States Court of International Trade (‘‘CIT’’) sustained the Department of Commerce’s (‘‘the Department’s’’) March 2, 2006, Final Results of Redetermination on Remand pursuant to Eurodif S.A., Compagnie Generale AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06–3 (CIT, January 5, 2006) (‘‘LEU Remand Redetermination’’), which pertains to the Final Affirmative Countervailing Duty Determination on Low Enriched Uranium (‘‘LEU’’) from France. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a conclusive decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection to liquidate all relevant entries from Eurodif S.A./Compagnie Generale Des Matieres Nucleaires (collectively, ‘‘Eurodif’’ or ‘‘respondents’’). EFFECTIVE DATE: May 28, 2006. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: Background On December 21, 2001, the Department published a notice of final affirmative determination in the countervailing duty investigation of LEU from France. See Notice of Final Affirmative Countervailing Duty Determination: Low Enriched Uranium from France, 66 FR 65901 (December 21, 2001) (‘‘LEU Final Determination’’), and accompanying Issues and Decision Memorandum: Final Affirmative Countervailing Determination: Low Enriched Uranium from France. The LEU Final Determination was subsequently amended. See Amended Final Determination and Notice of Countervailing Duty Order: Low Enriched Uranium from France, 67 FR 6689 (February 13, 2002). Respondents challenged the Department’s final determination before the CIT. The case was later appealed and the Federal Circuit, in Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, 411 F.3d 1355 (Fed. Cir. 2005) (‘‘Eurodif I’’), ruled in favor of respondents. The court panel later clarified its ruling, issuing a decision in Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, 423 F. 3d. 1275 E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Pages 33279-33280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8940]


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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 the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2006, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on fresh garlic (``garlic'') from the People's Republic of China 
(``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of a notice of intent to 
participate and an adequate substantive response filed on behalf of 
domestic interested parties and inadequate response from respondent 
interested parties, the Department conducted an expedited (120-day) 
sunset review. As a result of this sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Review section of this notice.

EFFECTIVE DATE: June 8, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4340, or (202) 
482-0783, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On February 1, 2006, the Department published the notice of 
initiation of the second sunset review of the antidumping duty order on 
garlic from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-year (``Sunset'') Reviews, 71 FR 5243 (February 1, 
2006). The Department received the Notice of Intent to Participate from 
the Fresh Garlic Producers Association and its individual members: 
Christopher Ranch LLC; The Garlic Company; Valley Garlic; and Vessey 
and Company, Inc. (collectively ``the domestic interested parties''), 
within the deadline specified in section 351.218(d)(1)(i) of the 
Department's Regulations (``Sunset Regulations''). The domestic 
interested parties claimed interested party status

[[Page 33280]]

under sections 771(9)(C) and (F) 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. We received 
complete substantive responses only from the domestic interested 
parties within the 30-day deadline specified in section 
351.218(d)(3)(i) of the Deparment's regulations. We received no 
responses from the respondent interested parties. As a result, pursuant 
to section 751(c)(5)(A) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations, the Department conducted an expedited 
(120-day) sunset review of this order.

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 this 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 0703.20.0010, 0703.20.0020, 0703.20.0090, 0710.80.7060, 
0710.80.9750, 0711.90.6000, and 2005.90.9700 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 this 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 Customs and Border Protection to that effect.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated June 1, 
2006, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were to be revoked. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum which is on file in room B-099 of the main 
Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn, under the 
heading ``June 2006.'' The paper copy and electronic versions of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on 
garlic from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margin:

------------------------------------------------------------------------
                                                       Weighted Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
PRC-wide............................................              376.67
------------------------------------------------------------------------

    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 1, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-8940 Filed 6-7-06; 8:45 am]
BILLING CODE 3510-DS-S
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