Notice2023-11061
Fresh Garlic From the People's Republic of China: Continuation of 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
May 24, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) in their five-year (sunset) review that revocation of the antidumping duty (AD) order on fresh garlic from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of the AD order on fresh garlic from China.
Full Text
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<title>Federal Register, Volume 88 Issue 100 (Wednesday, May 24, 2023)</title>
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[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33570-33571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11061]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: As a result of determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
in their five-year (sunset) review that revocation of the antidumping
duty (AD) order on fresh garlic from the People's Republic of China
(China) would likely lead to a continuation or recurrence of dumping
and material injury to an industry in the United States. Therefore,
Commerce is publishing a notice of continuation of the AD order on
fresh garlic from China.
DATES: Applicable May 24, 2023.
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, Commerce published the AD order on imports of
fresh garlic from China.\1\ On October 3, 2022, the ITC instituted,\2\
and Commerce initiated \3\ the fifth five-year (sunset) review of the
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended
(the Act). Commerce conducted an expedited (120-day) sunset review of
the 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 its review, Commerce
determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and, therefore, Commerce notified the ITC of the
magnitude of the margin likely to prevail were the Order to be
revoked.\4\
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\1\ See Antidumping Duty Order: Fresh Garlic from the People's
Republic of China, 59 FR 5209 (November 16, 1994) (Order).
\2\ See Fresh Garlic from China; Institution of a Five-Year
Review, 87 FR 59824 (October 3, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779
(October 3, 2022).
\4\ See Fresh Garlic from the People's Republic of China: Final
Results of the Expedited Fifth Review of the Antidumping Duty Order,
88 FR 7940 (February 7, 2023).
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On May 17, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to a continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Fresh Garlic from the People's Republic of China,
Investigation No. 731-TA-683 (Fifth Review), 88 FR 31525 (May 17,
2023).
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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, 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: 0703.20.0005, 0703.20.0010,
0703.20.0015, 0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060,
0710.80.97500, 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, our written description of the scope of the Order is
dispositive. To be excluded from the 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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to sections 751(c) and 751(d)(2) of the Act, Commerce
hereby orders the continuation of the Order. U.S. Customs and Border
Protection will continue to collect AD 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 the Order will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year review of this Order not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
[[Page 33571]]
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction or conversion to judicial
protective order of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Failure to comply with the
regulations and terms of an APO is a violation which may be subject to
sanctions.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
sections 751(c) and (d)(2) and 777(i)(1) the Act, and published in
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: May 18, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11061 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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