Continuation of Antidumping Duty Order: Fresh Garlic From the People's Republic of China, 51394 [2017-24071]
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51394
Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely To
Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2017–24074 Filed 11–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Continuation of Antidumping Duty
Order: Fresh Garlic From the People’s
Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Department) and the U.S. International
Trade Commission (ITC) determined
that revocation of the antidumping duty
order (AD Order) on fresh garlic from
the People’s Republic of China (PRC)
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States. Therefore, the Department is
publishing a notice of continuation for
this AD Order.
SUMMARY:
DATES:
Applicable November 6, 2017.
Pmangrum on DSK3GDR082PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5255.
SUPPLEMENTARY INFORMATION:
Background
On November 16, 1994, the
Department of Commerce published in
the Federal Register the AD Order on
VerDate Sep<11>2014
14:48 Nov 03, 2017
Jkt 244001
fresh garlic from the PRC.1 On April 3,
2017, the Department published in the
Federal Register a notice of initiation of
its fourth five-year (sunset) review of the
AD Order on fresh garlic from the PRC,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2
The Department conducted this
sunset review on an expedited basis,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
because it received a complete, timely,
and adequate response from a domestic
interested party but no substantive
responses from respondent interested
parties. As a result of this sunset review,
the Department determined that
revocation of the AD order would likely
lead to a continuation or recurrence of
dumping and, therefore, notified the ITC
of the magnitude of the margins likely
to prevail should the order be revoked.3
On October 24, 2017, the ITC
published its determination that
revocation of the AD Order on fresh
garlic would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, pursuant to section 751(C) of the
Act.4
Scope of the Order
The products subject to the AD 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 AD 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
0703.20.0000, 0703.20.0005,
1 See Antidumping Duty Order: Fresh Garlic from
the People’s Republic of China, 59 FR 59209
(November 16, 1994).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
82 FR 16159 (April 3, 2017).
3 See Fresh Garlic from the People’s Republic of
China: Final Results of Fourth Expedited Sunset
Review of the Antidumping Duty Order, 82 FR
36752 (August 7, 2017) and accompanying Issues
and Decision Memorandum.
4 See Fresh Garlic from China, 82 FR 49230
(October 24, 2017).
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
0703.20.0015, 0703.20,0010,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700 and
2005.99.9700 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 AD 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 (CBP) to that effect.
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the AD Order would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act and 19
CFR 351.218(a), the Department hereby
orders the continuation of the AD Order
on fresh garlic from the PRC.
CBP will continue to collect
antidumping duty cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise. The
effective date of the continuation of this
order will be the date of publication in
the Federal Register of the notice of
continuation of the AD Order on fresh
garlic. Pursuant to section 751(c)(2) of
the Act, the Department intends to
initiate the sunset review of this order
not later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
The sunset review and this notice are
in accordance with section 751(c) of the
Act and published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–24071 Filed 11–3–17; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\06NON1.SGM
06NON1
Agencies
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Page 51394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24071]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Continuation of Antidumping Duty Order: Fresh Garlic From the
People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) and the U.S.
International Trade Commission (ITC) determined that revocation of the
antidumping duty order (AD Order) on fresh garlic from the People's
Republic of China (PRC) would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States. Therefore, the Department is publishing a notice of
continuation for this AD Order.
DATES: Applicable November 6, 2017.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5255.
SUPPLEMENTARY INFORMATION:
Background
On November 16, 1994, the Department of Commerce published in the
Federal Register the AD Order on fresh garlic from the PRC.\1\ On April
3, 2017, the Department published in the Federal Register a notice of
initiation of its fourth five-year (sunset) review of the AD Order on
fresh garlic from the PRC, pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 59209 (November 16, 1994).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 82 FR
16159 (April 3, 2017).
---------------------------------------------------------------------------
The Department conducted this sunset review on an expedited basis,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), because it received a complete, timely, and
adequate response from a domestic interested party but no substantive
responses from respondent interested parties. As a result of this
sunset review, the Department determined that revocation of the AD
order would likely lead to a continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margins likely to
prevail should the order be revoked.\3\
---------------------------------------------------------------------------
\3\ See Fresh Garlic from the People's Republic of China: Final
Results of Fourth Expedited Sunset Review of the Antidumping Duty
Order, 82 FR 36752 (August 7, 2017) and accompanying Issues and
Decision Memorandum.
---------------------------------------------------------------------------
On October 24, 2017, the ITC published its determination that
revocation of the AD Order on fresh garlic would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, pursuant to section
751(C) of the Act.\4\
---------------------------------------------------------------------------
\4\ See Fresh Garlic from China, 82 FR 49230 (October 24, 2017).
---------------------------------------------------------------------------
Scope of the Order
The products subject to the AD 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 AD 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 0703.20.0000, 0703.20.0005, 0703.20.0015, 0703.20,0010,
0703.20.0020, 0703.20.0090, 0710.80.7060, 0710.80.9750, 0711.90.6000,
0711.90.6500, 2005.90.9500, 2005.90.9700 and 2005.99.9700 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 AD 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 (CBP) to that
effect.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the AD Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
the Department hereby orders the continuation of the AD Order on fresh
garlic from the PRC.
CBP will continue to collect antidumping duty cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of this order will
be the date of publication in the Federal Register of the notice of
continuation of the AD Order on fresh garlic. Pursuant to section
751(c)(2) of the Act, the Department intends to initiate the sunset
review of this order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
The sunset review and this notice are in accordance with section
751(c) of the Act and published pursuant to section 777(i)(1) of the
Act and 19 CFR 351.218(f)(4).
Dated: October 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24071 Filed 11-3-17; 8:45 am]
BILLING CODE 3510-DS-P