[Federal Register: March 10, 2003 (Volume 68, Number 46)]
[Notices]
[Page 11368-11369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr03-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People's Republic of China; Notice of
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amended Final Results of Antidumping Duty
Administrative Review.
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SUMMARY: On January 30, 2003, the Department of Commerce published the
final results of an administrative review of the antidumping duty order
on fresh garlic from the People's Republic of China. The period of
review is November 1, 2000, through October 31, 2001. The petitioners
requested the correction of two ministerial errors with respect to the
final results of review for Taian Fook Huat Tong Kee Pte. Ltd. Based on
the correction of these two ministerial errors, we have concluded that
this company's sale was bona fide and that the two corrections do not
result in a change to the calculation of the final weighted-average
margin for this company.
EFFECTIVE DATE: March 10, 2003.
FOR FURTHER INFORMATION CONTACT: Edythe Artman, Office of AD/CVD
Enforcement 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3931.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2003, the Department of Commerce (the Department)
published the final results of an administrative review of the
antidumping duty order on fresh garlic from the People's Republic of
China in the Federal Register. See Fresh Garlic from the People's
Republic of China; Final Results of Antidumping Duty Administrative
Review and Rescission of Administrative Review in Part (68 FR 4758).
On January 29, 2003, the petitioners, the Fresh Garlic Producers
Association and its individual members, filed an allegation of two
ministerial errors in the final results of review with respect to the
respondent company Taian Fook Huat Tong Kee Pte. Ltd. (FHTK). FHTK did
not file comments on the allegations.
Allegation of Ministerial Errors
In its January 29, 2003, submission, the petitioners alleged that
the Department made two ministerial errors in its January 21, 2003,
final results analysis memorandum (Final Results Analysis Memorandum)
regarding the calculation of FHTK's margin. First, the petitioners
asserted that the Department erred in the amount it listed as the
quantity of subject merchandise sold by FHTK. Second, they asserted
that the Department erred in its statement of FHTK's reported sales
price by stating the price as a per-kilogram amount instead of as a
per-pound amount. The petitioners claimed that, because of this error,
the Department had improperly dismissed their argument concerning the
bona fides of FHTK's sale. Specifically, the petitioners claimed that
the Department's conclusion that FHTK's price was not unreasonably high
when compared to the average export price for Chinese garlic exported
to the United States at the time of the sale was not supported by the
price comparison that the Department explained in its Final Results
Analysis Memorandum since the Department stated the FHTK price
incorrectly. The petitioners requested that the Department revise its
analysis using the correct price, conclude that the transaction in
question was not a bona fide commercial sale, and issue amended final
results in this review.
We have reviewed the record and agree that the quantity sold and
the sales price were stated incorrectly in the Final Results Analysis
Memorandum. By correcting the sales price, we find that the price was
higher than the average export prices for Chinese garlic exported to
the United States that we
[[Page 11369]]
examined in our final results of review. Thus, we have reconsidered our
analysis of whether FHTK's sale was bona fide.
In determining whether a transaction is bona fide for purposes of
an antidumping review, the Department will typically consider the
totality of circumstances surrounding a sale rather than a single
circumstance, such as price. See Fresh Garlic from the People's
Republic of China: Final Results of Antidumping Administrative Review
and Rescission of New Shipper Review, 67 FR 11283 (March 13, 2002), and
accompanying Issues and Decision Memorandum (Clipper Rescission);
Notice of Final Results of Antidumping Duty New Shipper Review: Certain
In-Shell Raw Pistachios from Iran, 68 FR 353 (January 3, 2003), and
accompanying Issues and Decision Memorandum; and Freshwater Crawfish
Tail Meat from the People's Republic of China; Notice of Final Results
of Antidumping Duty New Shipper Review, and Final Rescission of
Antidumping Duty New Shipper Review, 68 FR 1439 (January 10, 2003), and
accompanying Issues and Decision Memorandum. We have reviewed the
totality of circumstances surrounding FHTK's sale and have found that
the transaction was a bona fide sale. Specifically, we found that, in
light of average monthly U.S. import values for the subject merchandise
during the period of review (POR), FHTK's price was not unreasonably
high nor did the price provided a basis for determining that the sale
was not commercially reasonable. In addition, we analyzed U.S. Customs
Service data and found that the quantity involved in FHTK's transaction
was not dissimilar to the quantity of other entries of subject
merchandise during the POR and that the quantity was therefore
commercially reasonable. We found that no information of record caused
us to question the bona fides of FHTK or its customer as legitimate,
historically commercial enterprises. Finally, we reviewed the record
and confirmed that the terms of sale between FHTK and its customer were
typical of the commercial selling practices of other exporters of the
subject merchandise. For a detailed discussion of our review of the
circumstances of FHTK's sale, see the ``Memorandum to Faryar Shirzad
from Susan Kuhbach'' regarding the analysis of ministerial error
comments (February 21, 2003), on file in the Central Records Unit, Main
Commerce Building, Room B-099.
Amended Final Results of Review
Because correction of the two ministerial errors in the Final
Results Analysis Memorandum does not result in a change of the
calculation of the final margin for FHTK, the weighted-average margin
remains 0.00 percent for this company.
We are issuing and publishing this determination and notice in
accordance with sections 751(h) and 777(i)(1) of the Act.
Dated: March 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-5637 Filed 3-7-03; 8:45 am]