Notice2023-02537
Fresh Garlic from the People's Republic of China: Final Results of Expedited Fifth Sunset Review of the Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on fresh garlic (garlic) from the People's Republic of China (China) would likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7940-7941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02537]
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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 Fifth Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited review, the U.S. Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on fresh garlic (garlic) from the People's Republic of China
(China) would likely to lead to continuation or recurrence of dumping
at the levels indicated in the ``Final Results of Review'' section of
this notice.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD
Operations, 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 October 3, 2022, Commerce published the notice of initiation of
the sunset review of the AD order on garlic from China, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ On
October 12, 2022, Commerce received a notice of intent to participate
from the domestic interested parties \2\ with respect to the Order,
within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as manufacturers of the domestic like
product in the United States.\4\ On June 1, 2022, the domestic
interested parties submitted a timely substantive response for this
sunset review within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any other interested parties with respect to the Order covered by
this sunset review.
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\1\ See Initiation of Five-Year Sunset Reviews, 87 FR 59779
(October 3, 2022); see also Antidumping Duty Order: Fresh Garlic
from the People's Republic of China, 59 FR 59209 (November 16, 1994)
(Order).
\2\ The domestic interested parties in this sunset review are
the petitioners, who consist of the Fresh Garlic Producers
Association and its individual members: Christopher Ranch L.L.C.,
The Garlic Company, and Valley Garlic, Inc.
\3\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Fresh Garlic from the People's
Republic of China--Petitioners' Notice of Intent to Participate,''
dated October 12, 2022.
\4\ Id.
\5\ See Petitioners' Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Fresh Garlic from the People's
Republic of China--Petitioners' Substantive Response to the
Department's Notice of Initiation,'' dated November 2, 2022.
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On November 30, 2022, Commerce notified the U.S. International
Trade Commission that it did not receive an adequate substantive
response from respondent interested parties in this sunset review.\6\
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day)
sunset review of this Order.
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\6\ See Commerce's Letter, ``Sunset Reviews for October 2022,''
dated November 30, 2022.
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Scope of the Order
The products covered by the Order are all grades of garlic, whole
or separated into constituent cloves. For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Fifth Sunset Review of the
Antidumping Duty Order on Fresh Garlic from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the Order would be likely
[[Page 7941]]
to lead to continuation or recurrence of dumping, and that the
magnitude of the dumping margins likely to prevail would be weighted-
average dumping margins of up to 376.67 percent.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
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.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: January 31, 2023.
Lisa W. Wang,
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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-02537 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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