Fresh Garlic from the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 38979-38981 [E8-15465]
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
pursuant to section 773(a)(7)(A) of the
Act. Therefore, for these preliminary
results, we have applied a CEP offset to
the NV–CEP comparisons, in
accordance with section 773(a)(7)(B) of
the Act.
The Department intends to examine
this issue fully for the final results in
light of comments by parties on this
issue.
Currency Conversion
For purposes of the preliminary
results, we made currency conversions
into U.S. dollars based on the exchange
rates in effect on the dates of the U.S.
sales, as certified by the Federal Reserve
Bank, in accordance with section
773A(a) of the Act.
Preliminary Results of the Review
As a result of our review, we
preliminarily determine the weighted–
average dumping margin for the
producer/exporter listed below for the
period June 1, 2006, through May 31,
2007, to be as follows:
Weighted–Average Margin
Ta Chen Stainless Pipe Co., Ltd
2.93%
ebenthall on PRODPC60 with NOTICES
Disclosure and Public Comment
The Department will disclose to
parties the calculations performed in
connection with these preliminary
results within five days of the date of
publication of this notice. See 19 CFR
351.224(b). Pursuant to 19 CFR 351.309,
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than 35 days after the date of
publication of this notice. Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each argument: 1) a statement of
the issue; 2) a brief summary of the
argument; and, 3) a table of authorities.
Interested parties who wish to request
a hearing or to participate if one is
requested must submit a written request
to the Assistant Secretary for Import
Administration, Room 1870, within 30
days of the date of publication of this
notice. Requests should contain: 1) the
party’s name, address and telephone
number; 2) the number of participants;
and, 3) a list of issues to be discussed.
See 19 CFR 351.310(c). Issues raised in
the hearing will be limited to those
raised in the respective case briefs. The
Department will issue the final results
of the administrative review, including
the results of its analysis of issues raised
in any written briefs, not later than 120
days after the date of publication of this
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16:24 Jul 07, 2008
Jkt 214001
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon completion of this review the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. In accordance with
19 CFR 351.212(b)(1), we have
calculated an importer–specific ad
valorem rate for merchandise exported
by Ta Chen which is subject to this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication of final results of
this review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). See
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003). This clarification will apply to
entries of subject merchandise during
the period of review produced by Ta
Chen or by any of the companies for
which we are rescinding this review and
for which Ta Chen or each no–shipment
respondent did not know its
merchandise would be exported by
another company to the United States.
In such instances, we will instruct CBP
to liquidate unreviewed entries at the
all–others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
Cash Deposit
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(1) of the Act: (1) the cash
deposit rate for the reviewed company
will be the rate listed in the final results
of review; (2) for previously investigated
companies not listed above, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be the ‘‘all
others’’ rate of 51.01 percent, which is
the ‘‘all others’’ rate established in the
LTFV investigation. These deposit
requirements, when imposed, shall
remain in effect until further notice.
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38979
Notification to Interested Parties
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) 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 presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–15475 Filed 7–7–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–831
Fresh Garlic from the People’s
Republic of China: Initiation of
Antidumping Duty New Shipper
Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 8, 2008.
SUMMARY: The Department of Commerce
(Department) has determined that six
timely requests for new shipper reviews
(NSRs) of the antidumping duty order
on fresh garlic from the People’s
Republic of China (PRC) meet the
statutory and regulatory requirements
for initiation. For three of the six NSRs
which the Department is initiating, the
period of review (POR) is November 1,
2007 through April 30, 2008. For the
remaining three NSRs where the
shipments entered after the POR, the
Department is initiating and extending
the POR by forty days, pursuant to 19
CFR 351.214(f)(2)(ii).
FOR FURTHER INFORMATION CONTACT:
Martha Douthit or Elfi Blum, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5050 or (202) 482–
0197, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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38980
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
Background
The notice announcing the
antidumping duty order on fresh garlic
from the PRC was published in the
Federal Register on November 16, 1994.
See Notice of Antidumping Duty Order:
Fresh Garlic from the People’s Republic
of China, 59 FR 59209 (November 16,
1994) (Order).1 On May 22, May 23,
May 27, and May 30, 2008, pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), and 19
CFR 351.214(c), the Department
received six timely requests for new
shipper reviews (NSR) from Jinxiang
Hejia Co., Ltd (Hejia), Weifang
Chenglong Import & Export Co., Ltd.
(Chenglong), Jinxiang Tianheng Trade
Co., Ltd (Tianheng), Juye Homestead
Fruits and Vegetables Co., Ltd. (Juye
Homestead), Chengwu County
Yuanxiang Industry & Commerce, Ltd.
(Chengwu), and Shandong Jinxiang
Zhengyang Import & Export Co., Ltd.
(Zhengyang), respectively. Five
companies certified that they are both
the producer and exporter of the subject
merchandise upon which the requests
for NSRs were based. One company,
Chenglong, certified that it is the
exporter of Jianxiang County Jichao
Farm Business Co., Ltd. (Jichao),
producer of the subject merchandise.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Hejia, Chenglong, Tianheng, Juye
Homestead, Chengwu, and Zhengyang
certified that they did not export fresh
garlic to the United States during the
period of investigation (POI). In
addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Hejia, Chenglong,
Tianheng, Juye Homestead, Chengwu,
and Zhengyang certified that, since the
initiation of the investigation, they have
never been affiliated with any PRC
exporter or producer 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),
Hejia, Chenglong, Tianheng, Juye
Homestead, Chengwu, and Zhengyang,
also certified that their export activities
were not controlled by the central
government of the PRC.
Pursuant to 19 CFR
351.214(b)(2)(ii)(B), Jichao, the producer
of the subject merchandise for
Chenglong during the POR, certified
that it did not export to the United
States during the POI, and has never
been affiliated with any exporter or
1 Therefore, a request for a NSR based on the
semi-annual anniversary month, May, was due to
the Department by the final day of May 2008. See
19 CFR 351.214(d)(1).
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15:11 Jul 07, 2008
Jkt 214001
producer who exported the subject
merchandise to the United States during
the POI.
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Hejia, Chenglong,
Tianheng, Juye Homestead, Chengwu,
and Zhengyang submitted
documentation establishing the
following: (1) the date on which Hejia,
Chenglong, Tianheng, Juye Homestead,
Chengwu, and Zhengyang 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 their first shipment;2 and
(3) the date of their first sale to an
unaffiliated customer in the United
States.
The Department conducted CBP
database queries and confirmed that
Hejia, Chenglong, Tianheng, Juye
Homestead, Chengwu, and Zhengyang’s
shipments of subject merchandise had
entered the United States for
consumption and that liquidation of
such entries had been properly
suspended for antidumping duties. The
Department also confirmed by
examining the CBP data that such
entries were made during the NSR POR,
or shortly thereafter. See Memorandum
to File: New Shipper Review of Fresh
Garlic from the People’s Republic of
China, Placing CBP data on the record,
dated concurrently with this notice.
Under 19 CFR 351.214(f)(2)(ii), when
the sale of the subject merchandise
occurs within the period of review
(POR), but the entry occurs after the
normal POR, the POR may be extended
unless it would be likely to prevent the
completion of the review within the
time limits set by the Department’s
regulations. The preamble to the
Department’s regulations states that
both the entry and the sale should occur
during the POR, and that under
‘‘appropriate’’ circumstances the
Department has the flexibility to extend
the POR. See Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27319–27320 (May 19, 1997). In
this instance, for three of the exporters
requesting a NSR, the sales were made
during the POR but the shipments
entered shortly after the end of the POR.
The exporters provided documentation
showing the date of entry following the
end of the POR. It is appropriate for the
Department to extend the POR by forty
days. The Department does not find that
this delay would prevent the
completion of the review within the
2 Hejia, Chenglong, Tianheng, Juye Homestead,
Chengwu, and Zhengyang made no subsequent
shipments to the United States.
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Fmt 4703
Sfmt 4703
time limits set by the Department’s
regulations.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), the
Department finds that Hejia, Chenglong,
Tianheng, Juye Homestead, Chengwu,
and Zhengyang meet the threshold
requirements for initiation of a NSR for
their shipments of fresh garlic from the
PRC. See Memorandum to File:
Initiation of AD New Shipper Review:
Fresh Garlic from the People’s Republic
of China, and the attached New Shipper
Initiation Checklists, dated concurrently
with this notice.
The POR for the three NSRs with
shipments which entered during the
POR is November 1, 2007 through April
30, 2008. See 19 CFR 351.214(g)(1)(i)(B).
As discussed above, under 19 CFR
351.214(f)(2)(ii), when the sale of the
subject merchandise occurs within the
POR, but the entry occurs after the
normal POR, the POR may be extended.
Therefore, the POR for the NSR of the
remaining three exporters and
producers discussed above will be
November 1, 2007 through May 31,
2008. The Department intends to issue
the preliminary results of these reviews
no later than 180 days from the date of
initiation, and the 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.
On August 17, 2006, the Pension
Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4
temporarily suspends the authority of
the Department to instruct CBP to
collect a bond or other security in lieu
of a cash deposit in new shipper
reviews. Therefore, the posting of a
bond under section 751(a)(2)(B)(iii) of
the Act in lieu of a cash deposit is not
available in this case. Importers of fresh
garlic from the PRC manufactured and/
or exported by Hejia, Chenglong,
Tianheng, Juye Homestead, Chengwu,
and Zhengyang must continue to post
cash deposits of estimated antidumping
duties on each entry of subject
merchandise at the current PRC–wide
rate of 376.67 percent.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306. This
initiation and notice are published in
accordance with section 751(a)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
Dated: July 1, 2008.
Faye Robinson,
Director, Statutory Import Programs Staff,
Import Administration.
[FR Doc. E8–15450 Filed 7–7–08; 8:45 am]
BILLING CODE 3510–DS–S
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
International Trade Administration
University of Colorado, et al., Notice of
Consolidated Decision on Applications
for Duty-Free Entry of Scientific
Instruments
ebenthall on PRODPC60 with NOTICES
Dated: June 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–15465 Filed 7–7–08; 8:45 am]
C–570–926
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L.106–36; 80 Stat. 897; 15 CFR part
301). Related records can be viewed
between 8:30 A.M. and 5:00 P.M. in
Room 2104, U.S. Department of
Commerce, 14th and Constitution Ave,
NW, Washington, D.C.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as each is intended to be
used, that was being manufactured in
the United States at the time of its order.
Docket Number: 08–016. Applicant:
University of Colorado, Boulder, CO
80309. Instrument: Three–Channel
Digital Radio Vector Field Sensor
(RVFS). Manufacturer: Swedish Institute
of Space Physics, Sweden. Intended
Use: See notice at 73 FR 30377, May 27,
2008. Reasons: The instrument has a
capability to work with dipole antennas
of two different lengths (1 m and 3 m)
and a capability to oversample the
output I&Q data. These specifications
enable the instrument to operate in both
mobile–mount and stationary
conditions which is essential to the
intended use.
Docket Number: 08–017. Applicant: City
College of the City University of New
York, New York, NY 10031. Instrument:
Ultrabroadband Ti:Sapphire Laser
Model Rainbow–DFG. Manufacturer:
Femtolasers, Inc., Austria. Intended Use:
See notice at 73 FR 30377, May 27,
2008. Reasons: The instrument can
generate optical pulses of less than 7
femtoseconds which is fundamental to
the intended use. The amplifier system
will be coupled with a 6 femtosecond
laser and streak camera system to
provide high spatial, high temporal and
high spectral resolution for
characterization, tunneling and carrier/
phonon dynamics studies for nanoscale
semiconductor quantum structures and
devices.
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16:24 Jul 07, 2008
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Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has reached a final
determination that countervailable
subsidies are being provided to
producers/exporters of sodium nitrite
from the People’s Republic of China
(PRC). On April 11, 2008, we issued the
Preliminary Determination, see Sodium
Nitrite From the People’s Republic of
China: Preliminary Affirmative
Countervailing Duty Determination, 73
FR 19816 (April 11, 2008) (Preliminary
Determination). Because neither the
Government of the People’s Republic of
China (GOC) nor the two mandatory
company respondents participated in
this investigation, the Department relied
on facts available and applied adverse
inferences in reaching the Preliminary
Determination. The Department
assigned a countervailable subsidy rate
to each program under investigation
using rates calculated in Coated Free
Sheet Paper from the People’s Republic
of China: Final Affirmative
Countervailing Duty Determination, 72
FR 60645 (October 25, 2007) and
accompanying Issues and Decision
Memorandum (CFS from the PRC). We
invited interested parties to comment on
the Preliminary Determination. No
interested party submitted comments
regarding the Preliminary
Determination.
Since the publication of the
Preliminary Determination, the
Department has reached affirmative
final countervailing duty determinations
in several investigations of products
from the PRC. We have used the rates
calculated in these intervening final
determinations to revise the
countervailable subsidy rates for certain
programs. For information on the
countervailable subsidy rates, see the
‘‘Final Determination’’ section of this
notice.
AGENCY:
EFFECTIVE DATE:
Frm 00014
FOR FURTHER INFORMATION CONTACT:
Gene Calvert or Paul Matino, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 7866, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–3586 or
(202) 482–4146, respectively.
SUPPLEMENTARY INFORMATION:
Case History
Sodium Nitrite From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination
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July 8, 2008.
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The following events have occurred
since the publication of the Preliminary
Determination in the Federal Register
on April 11, 2008. On April 14, 2008,
petitioner (General Chemical LLC)
submitted a letter, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), requesting
alignment of the final countervailing
duty determination with the final
determination in the companion
antidumping duty investigation of
sodium nitrite from the PRC. On April
28, 2008, the Department aligned the
final countervailing duty determination
with the final determination in the
companion antidumping duty
investigation of sodium nitrite from the
PRC. See Sodium Nitrite from the
People’s Republic of China: Alignment
of Final Countervailing Duty
Determination with Final Antidumping
Duty Determination, 73 FR 22920 (April
28, 2008).
Period of Investigation
The period of investigation (POI) for
which we are measuring subsidies is
calendar year 2006. See 19 CFR
351.204(b)(2).
Scope of the Investigation
The merchandise covered by this
investigation is sodium nitrite in any
form, at any purity level. In addition,
the sodium nitrite covered by this
investigation may or may not contain an
anti–caking agent. Examples of names
commonly used to reference sodium
nitrite are nitrous acid, sodium salt,
anti–rust, diazotizing salts, erinitrit, and
filmerine. The chemical composition of
sodium nitrite is NaNO2 and it is
generally classified under subheading
2834.10.1000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The American Chemical Society
Chemical Abstract Service (CAS) has
assigned the name ‘‘sodium nitrite’’ to
sodium nitrite. The CAS registry
number is 7632–00–0. For purposes of
the scope of this investigation, the
narrative description is dispositive, not
the tariff heading, CAS registry number
or CAS name, which are provided for
convenience and customs purposes.
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]]>Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38979-38981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15465]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-831
Fresh Garlic from the People's Republic of China: Initiation of
Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 8, 2008.
SUMMARY: The Department of Commerce (Department) has determined that
six timely requests for new shipper reviews (NSRs) of the antidumping
duty order on fresh garlic from the People's Republic of China (PRC)
meet the statutory and regulatory requirements for initiation. For
three of the six NSRs which the Department is initiating, the period of
review (POR) is November 1, 2007 through April 30, 2008. For the
remaining three NSRs where the shipments entered after the POR, the
Department is initiating and extending the POR by forty days, pursuant
to 19 CFR 351.214(f)(2)(ii).
FOR FURTHER INFORMATION CONTACT: Martha Douthit or Elfi Blum, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-0197, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 38980]]
Background
The notice announcing the antidumping duty order on fresh garlic
from the PRC was published in the Federal Register on November 16,
1994. See Notice of Antidumping Duty Order: Fresh Garlic from the
People's Republic of China, 59 FR 59209 (November 16, 1994) (Order).\1\
On May 22, May 23, May 27, and May 30, 2008, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.214(c), the Department received six timely requests for new
shipper reviews (NSR) from Jinxiang Hejia Co., Ltd (Hejia), Weifang
Chenglong Import & Export Co., Ltd. (Chenglong), Jinxiang Tianheng
Trade Co., Ltd (Tianheng), Juye Homestead Fruits and Vegetables Co.,
Ltd. (Juye Homestead), Chengwu County Yuanxiang Industry & Commerce,
Ltd. (Chengwu), and Shandong Jinxiang Zhengyang Import & Export Co.,
Ltd. (Zhengyang), respectively. Five companies certified that they are
both the producer and exporter of the subject merchandise upon which
the requests for NSRs were based. One company, Chenglong, certified
that it is the exporter of Jianxiang County Jichao Farm Business Co.,
Ltd. (Jichao), producer of the subject merchandise.
---------------------------------------------------------------------------
\1\ Therefore, a request for a NSR based on the semi-annual
anniversary month, May, was due to the Department by the final day
of May 2008. See 19 CFR 351.214(d)(1).
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu,
and Zhengyang certified that they did not export fresh garlic to the
United States during the period of investigation (POI). In addition,
pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Hejia, Chenglong, Tianheng, Juye Homestead,
Chengwu, and Zhengyang certified that, since the initiation of the
investigation, they have never been affiliated with any PRC exporter or
producer 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), Hejia, Chenglong, Tianheng,
Juye Homestead, Chengwu, and Zhengyang, also certified that their
export activities were not controlled by the central government of the
PRC.
Pursuant to 19 CFR 351.214(b)(2)(ii)(B), Jichao, the producer of
the subject merchandise for Chenglong during the POR, certified that it
did not export to the United States during the POI, and has never been
affiliated with any exporter or producer who exported the subject
merchandise to the United States during the POI.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Hejia, Chenglong, Tianheng, Juye Homestead,
Chengwu, and Zhengyang submitted documentation establishing the
following: (1) the date on which Hejia, Chenglong, Tianheng, Juye
Homestead, Chengwu, and Zhengyang 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 their first shipment;\2\ and (3) the date of their first sale to an
unaffiliated customer in the United States.
---------------------------------------------------------------------------
\2\ Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu, and
Zhengyang made no subsequent shipments to the United States.
---------------------------------------------------------------------------
The Department conducted CBP database queries and confirmed that
Hejia, Chenglong, Tianheng, Juye Homestead, Chengwu, and Zhengyang's
shipments of subject merchandise had entered the United States for
consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also confirmed by
examining the CBP data that such entries were made during the NSR POR,
or shortly thereafter. See Memorandum to File: New Shipper Review of
Fresh Garlic from the People's Republic of China, Placing CBP data on
the record, dated concurrently with this notice. Under 19 CFR
351.214(f)(2)(ii), when the sale of the subject merchandise occurs
within the period of review (POR), but the entry occurs after the
normal POR, the POR may be extended unless it would be likely to
prevent the completion of the review within the time limits set by the
Department's regulations. The preamble to the Department's regulations
states that both the entry and the sale should occur during the POR,
and that under ``appropriate'' circumstances the Department has the
flexibility to extend the POR. See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27319-27320 (May 19, 1997). In this
instance, for three of the exporters requesting a NSR, the sales were
made during the POR but the shipments entered shortly after the end of
the POR. The exporters provided documentation showing the date of entry
following the end of the POR. It is appropriate for the Department to
extend the POR by forty days. The Department does not find that this
delay would prevent the completion of the review within the time limits
set by the Department's regulations.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that Hejia, Chenglong, Tianheng,
Juye Homestead, Chengwu, and Zhengyang meet the threshold requirements
for initiation of a NSR for their shipments of fresh garlic from the
PRC. See Memorandum to File: Initiation of AD New Shipper Review: Fresh
Garlic from the People's Republic of China, and the attached New
Shipper Initiation Checklists, dated concurrently with this notice.
The POR for the three NSRs with shipments which entered during the
POR is November 1, 2007 through April 30, 2008. See 19 CFR
351.214(g)(1)(i)(B). As discussed above, under 19 CFR
351.214(f)(2)(ii), when the sale of the subject merchandise occurs
within the POR, but the entry occurs after the normal POR, the POR may
be extended. Therefore, the POR for the NSR of the remaining three
exporters and producers discussed above will be November 1, 2007
through May 31, 2008. The Department intends to issue the preliminary
results of these reviews no later than 180 days from the date of
initiation, and the 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.
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4 temporarily suspends the
authority of the Department to instruct CBP to collect a bond or other
security in lieu of a cash deposit in new shipper reviews. Therefore,
the posting of a bond under section 751(a)(2)(B)(iii) of the Act in
lieu of a cash deposit is not available in this case. Importers of
fresh garlic from the PRC manufactured and/or exported by Hejia,
Chenglong, Tianheng, Juye Homestead, Chengwu, and Zhengyang must
continue to post cash deposits of estimated antidumping duties on each
entry of subject merchandise at the current PRC-wide rate of 376.67
percent.
Interested parties requiring access to proprietary information in
this NSR should submit applications for disclosure under administrative
protective order in accordance with 19 CFR 351.305 and 351.306. This
initiation and notice are published in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
[[Page 38981]]
Dated: June 30, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-15465 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DS-S
