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AD Duty Order Administrative Reviews Initiated and Request for Revocation in Part

The International Trade Administration has initiated administrative reviews of the following antidumping duty orders for certain specified companies. The ITA also received a request to revoke one AD order in part.

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1If one of the companies named in the notice does not qualify for a separate rate, all other exporters of subject merchandise from China who have not qualified for a separate rate are deemed to be covered by this review as part of the single China entity of which the named exporters are a part.

(The ITA intends to issue the final results of these administrative reviews not later than November 30, 2009.)

Requests between anniversary dates. The ITA states that during any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an AD duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary of Commerce, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the administrative review (in this case, within 30 days of December 24, 2008), will determine whether AD duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the U.S. through an importer that is affiliated with such exporter or producer.

Request for AD Order Revocation in Part

The ITA also received a timely request to revoke in part the AD duty order on fresh garlic from China with respect to one exporter.

Separate Rate Certifications/Applications for China Due Jan 23rd/Feb 23rd

All firms listed in the ITA's notice that wish to qualify for separate-rate status in the administrative review involving a non-market economy (NME) country (China) must complete, as appropriate, either a Separate Rate Application or Certification.

For these administrative reviews, in order to demonstrate separate-rate eligibility, the ITA requires entities for whom a review was requested that were assigned a separate rate in the most recent segment of this proceeding in which they participated to certify that they continue to meet the criteria for obtaining a separate rate. Certifications are due no later than January 23, 2009.

For entities that have not previously been assigned a separate rate, the ITA requires a Separate Rate Status Application. Applications are due no later than February 23, 2009.

The ITA states that Separate Rate Certifications and the Separate Rate Status Applications will be available on its Web site at http://ia.ita.doc.gov/ia-highlights-and-news.html.

Notice of No Sales Due by January 23, 2009

If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review, it should notify the ITA by January 23, 2009. The ITA will consider rescinding the review only if the producer or exporter, as appropriate, submits a properly filed and timely statement certifying that it had no exports, sales, or entries of subject merchandise during the period of review.

ITA contact - Sheila Forbes (202) 482-4697

ITA notice (FR Pub 12/24/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-30682.pdf