Fresh Garlic From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order, 777-778 [2012-81]

Download as PDF Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices Connecticut Advisory Committee to the Commission will be held at the University of Connecticut School of Law, Faculty Lounge, 55 Elizabeth Street, Hartford, CT 06105, and will convene at 12:00 noon (EST) Friday, January 13, 2012. The purpose of the planning meeting is to work to finalize the Committee report on racial profiling. Members of the public are entitled to submit written comments. The comments must be received in the regional office by Monday, February 13, 2011. Comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 624 9th Street NW., Suite 740, Washington, DC 20425, faxed to (202) 376–7548, or emailed to ero@usccr.gov. Persons needing accessibility services should contact the Eastern Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, https://www.usccr.gov, or to contact the Eastern Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. planning meeting is to plan future activities. Members of the public are entitled to submit written comments. The comments must be received in the regional office by Monday, February 13, 2012. Comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 624 9th Street NW., Suite 740, Washington, DC 20425, fax to (202) 376–7548, or email to ero@usccr.gov. Persons needing accessibility services should contact the Eastern Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Fresh Garlic From the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 1, 2011, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order fresh garlic from the People’s Republic of China (‘‘PRC’’), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted an expedited (120-day) sunset review for this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping 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 the order does not include the following: (a) Garlic that has been mechanically harvested and that is primarily, but not exclusively, destined Dated in Washington, DC, December 31, 2011. Peter Minarik, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2012–2 Filed 1–5–12; 8:45 am] BILLING CODE 6335–01–P [FR Doc. 2012–1 Filed 1–5–12; 8:45 am] International Trade Administration BILLING CODE 6335–01–P [A–570–831] DEPARTMENT OF COMMERCE pmangrum on DSK3VPTVN1PROD with NOTICES Agenda and Notice of Public Meeting of the New Hampshire Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a briefing meeting and planning meeting of the New Hampshire Advisory Committee to the Commission will be held at the City Hall Auditorium, 1 City Hall Plaza, Manchester, NH 03101, and will convene at 5:30 p.m. (EST) on Wednesday, January 11, 2012. The purpose of briefing meeting is to learn about diversity issues in the public school system. The purpose of the VerDate Mar<15>2010 14:40 Jan 05, 2012 Jkt 226001 duty order would be likely to lead to continuation or recurrence of dumping. DATES: Effective Date: January 6, 2012. FOR FURTHER INFORMATION: Sean Carey or Dana Mermelstein, 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) 482–3964 and (202) 482–1391, respectively. SUPPLEMENTARY INFORMATION: Background On September 1, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on fresh garlic from the PRC pursuant to section 751(c) of the Act. See Initiation of FiveYear (‘‘Sunset’’) Review, 76 FR 54430 (September 1, 2011). The Department received a notice of intent to participate from the Fresh Garlic Producers Association and its individual members: Christopher Ranch LLC; The Garlic Company; Valley Garlic, Inc.; and Vessey and Company, Inc. (collectively ‘‘the domestic interested parties’’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) 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. The Department received an adequate substantive response to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no responses from the respondent interested parties. As a result, pursuant to section 751(c)(5)(A) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the order. Dated in Washington, DC, December 31, 2011. Peter Minarik, Acting Chief, Regional Programs Coordination Unit COMMISSION ON CIVIL RIGHTS 777 AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1 778 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES 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 the 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 nonfresh 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 U.S. Customs and Border Protection to that effect. Analysis of Comments Received All issues raised in this review is addressed in the ‘‘Issues and Decision Memorandum for the Final Results of Expedited Sunset Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China’’ from Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Susan Kuhbach, Acting Assistant Secretary for Import Administration, dated concurrently with this notice (‘‘Decision Memorandum’’), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum consist of the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in this review and corresponding recommendations in this public memorandum, which is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS’’). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https://ia.ita.doc.gov/frn. The signed Decision Memo and the electronic versions of the Decision Memo are identical in content. VerDate Mar<15>2010 14:40 Jan 05, 2012 Jkt 226001 Final Results of Review We determine that revocation of the antidumping duty order on fresh garlic from the PRC would be likely to lead to continuation or recurrence of dumping. We determine that the following weighted-average percentage margin is likely to prevail: Manufacturers/exporters/ producers Weighted average margin PRC-Wide ..................................... 376.67% This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: December 29, 2011. Susan Kuhbach, Acting Assistant Secretary for Import Administration. [FR Doc. 2012–81 Filed 1–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Managing Our Nations III Conference, and other topics related to implementation of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The meeting will begin at 9 a.m. on Wednesday, January 25, 2012, recess at 5:30 p.m. or when business is complete; and reconvene at 9 a.m. on Thursday, January 26, 2012, and adjourn by 5:30 p.m. or when business is complete. ADDRESSES: The meeting will be held at the Crowne Plaza Hotel, 8777 Georgia Avenue, Silver Spring, MD 20910; telephone: (301) 563–3722, fax: (301) 589–4791. FOR FURTHER INFORMATION CONTACT: William D. Chappell: telephone: (301) 427–8505 or email at William.Chappell@noaa.gov; or Tara Scott: telephone: (301) 427–8579 or email: Tara.Scott@noaa.gov. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) of 2006 established the Council Coordination Committee by amending Section 302 (16 U.S.C. 1852) of the Magnuson-Stevens Act. The committee consists of the chairs, vice chairs, and executive directors of each of the eight Regional Fishery Management Councils authorized by the Magnuson-Stevens Act or other Council members or staff. NMFS will host this meeting and provide reports to the CCC for its information and discussion. All sessions are open to the public. DATES: National Oceanic and Atmospheric Administration Proposed Agenda RIN 0648–XA918 9 a.m.—Morning Session Begins. 9 a.m.–10:30 a.m.—Welcome comments and Council Reports. 10:30 a.m.–10:45 a.m.—Break. 10:45 a.m.–11:30 a.m.—Council Reports (Continued). 12 noon–1:30 p.m.—Lunch. 1:30 p.m.—Afternoon Session Begins. 1:30 p.m.–2:15 p.m.—Budget. • FY2012: Status, Council funding • FY2013: Update • Longer term discussion 3 p.m.–3:15 p.m.—Break. 3:15 p.m.–4:15 p.m.—Marine Recreational Information Program (MRIP) Update. 4:15–5:15 p.m.—Report on Allocation of Fishery Resources. 5:15 p.m.–5:30 p.m.—Wrap up and adjourn for the day. Council Coordination Committee Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: NMFS will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors in January 2012. The intent of this meeting is to discuss issues of relevance to the Councils, including FY 2012 budget allocations and budget planning for FY2013 and beyond, Marine Recreational Information Program Update, Report on the Allocation of Fishery Resources, Habitat Blueprint, SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Wednesday, January 25, 2012 Thursday, January 26, 2012 9 a.m.—Morning Session Begins. E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 777-778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-81]


=======================================================================
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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 Expedited Sunset Review of the Antidumping Duty Order

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

SUMMARY: On September 1, 2011, the Department of Commerce (the 
Department) initiated the third sunset review of the antidumping duty 
order fresh garlic from the People's Republic of China (``PRC''), 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). The Department has conducted an expedited (120-day) sunset review 
for this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). 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.

DATES: Effective Date: January 6, 2012.

FOR FURTHER INFORMATION: Sean Carey or Dana Mermelstein, 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-
3964 and (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2011, the Department published the notice of 
initiation of the third sunset review of the antidumping duty order on 
fresh garlic from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Review, 76 FR 54430 (September 1, 
2011). The Department received a notice of intent to participate from 
the Fresh Garlic Producers Association and its individual members: 
Christopher Ranch LLC; The Garlic Company; Valley Garlic, Inc.; and 
Vessey and Company, Inc. (collectively ``the domestic interested 
parties'''), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
The domestic interested parties claimed interested party status under 
section 771(9)(C) 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. The Department received 
an adequate substantive response to the notice of initiation from the 
domestic interested parties within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). We received no responses from the respondent 
interested parties. As a result, pursuant to section 751(c)(5)(A) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited (120-day) sunset review of the 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 the order does not include the following: (a) Garlic 
that has been mechanically harvested and that is primarily, but not 
exclusively, destined

[[Page 778]]

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 the 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 U.S. Customs and Border Protection to that effect.

Analysis of Comments Received

    All issues raised in this review is addressed in the ``Issues and 
Decision Memorandum for the Final Results of Expedited Sunset Review of 
the Antidumping Duty Order on Fresh Garlic from the People's Republic 
of China'' from Gary Taverman, Acting Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Susan Kuhbach, 
Acting Assistant Secretary for Import Administration, dated 
concurrently with this notice (``Decision Memorandum''), which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memorandum consist of the likelihood of continuation or recurrence of 
dumping and the magnitude of the margins likely to prevail if the 
orders were revoked. Parties can find a complete discussion of all 
issues raised in this review and corresponding recommendations in this 
public memorandum, which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit, room 7046 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at https://ia.ita.doc.gov/frn. 
The signed Decision Memo and the electronic versions of the Decision 
Memo are identical in content.

Final Results of Review

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

------------------------------------------------------------------------
                                                                Weighted
              Manufacturers/exporters/ producers                average
                                                                 margin
------------------------------------------------------------------------
PRC-Wide.....................................................    376.67%
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: December 29, 2011.
Susan Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-81 Filed 1-5-12; 8:45 am]
BILLING CODE 3510-DS-P

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