International Trade Administration 2005 – Federal Register Recent Federal Regulation Documents

In response to requests from Allegheny Ludlum and United Steelworkers of America, AFL-CIO/CLC (collectively, ``Petitioners'') and Ugine & ALZ Belgium, NV (Respondent), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 37749 (Initiation Notice). This administrative review covered the period of May 1, 2004, through April 30, 2005. We are now rescinding this review as a result of both Petitioners' and Respondent's withdrawal of their requests for an administrative review.

We preliminarily determine that diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice.

In accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and section 351.216(b) of the U.S. Department of Commerce's (the Department's) regulations, Eutectic Corporation (Eutectic), a U.S. importer, filed a request for a changed circumstances review of the antidumping duty (AD) orders on certain corrosion-resistant carbon steel flat products from Canada and Germany. Petitioners and domestic interested parties have affirmatively expressed a lack of interest in the continuation of the orders with respect to this product.\1\ In response to this request, the Department is initiating changed circumstances reviews on certain corrosion- resistant carbon steel flat products from Canada and Germany with respect to ``wear plate'' (marketed as ``CastoDur Diamond Plate'') as described below.

In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping order on honey from Argentina. The review covers six firms. The period of review (POR) is December 1, 2003, through November 30, 2004. We preliminarily determine that sales of honey from Argentina have been made below the normal value (NV) in the case of Asociacion de Cooperativas Argentinas (ACA). For Seylinco S.A. (Seylinco), we preliminary find a zero margin. In addition, we have preliminarily determined to rescind the review with respect to Nutrin S.A. (Nutrin), Radix S.A. (Radix), Compania Europea Americana S.A. (CEASA), and HoneyMax S.A. (HoneyMax) because they had no shipments of subject merchandise to the United States during the period of review. If these preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties based on the difference between the export price (EP) and NV. Interested parties are invited to comment on these preliminary results. Parties who submit argument in these proceedings are requested to submit with the argument: 1) a statement of the issues, 2) a brief summary of the argument, and 3) a table of authorities.

The Department of Commerce (the Department) has received a request to conduct a new shipper review of the antidumping duty (AD) order on certain softwood lumber from Canada. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d) (2005), we are initiating an AD new shipper review for International Forest Products Corporation (IFP Corp.).

The Department of Commerce (the ``Department'') has determined that requests for new shipper reviews of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''), received in September and November 2005, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') of these new shipper reviews is November 1, 2004, through October 31, 2005.

On June 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty orders on ball bearings from Japan and Singapore. On the basis of the notice of intent to participate and adequate substantive responses and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty orders pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(e)(2)(i). As a result of these sunset reviews, the Department preliminarily finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Reviews.''

The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on January 13, 2006, at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, in Room 4830. The ETTAC will discuss global climate change mitigation initiatives, the European Union's electronic and other waste initiatives, updated negotiations in the World Trade Organization's environmental goods and services trade liberalization, the Export-Import Bank's environmental exports program, U.S. EPA's Environmental Technologies Verification (ETV) Program, the USG role in the Asia-Pacific Partnership, and an overview of the U.S. International Trade Commission's environmental services sector market analysis. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Ellen Bohon, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-0359. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482-5225.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on granular polytetrafluoroethylene resin (``PTFE Resin'') from Italy and Japan would likely lead to continuation or recurrence of dumping, and to material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping duty orders.

Based on affirmative final determinations by the Department of Commerce and International Trade Commission, the Department of Commerce is issuing an antidumping duty order on superalloy degassed chromium from Japan.

In response to requests from interested parties, the Department of Commerce (the Department) is conducting the third administrative review of the antidumping duty order on honey from the People's Republic of China (PRC). The period of review (POR) is December 1, 2003, through November 30, 2004. One named respondent company had no exports or sales of the subject merchandise during the POR; therefore, we are preliminarily rescinding our review of this company. We preliminarily determine that two companies have failed to cooperate by not acting to the best of their ability to comply with our requests for information and, as a result, should be assigned a rate based on adverse facts available. Finally, we have preliminarily determined that five respondents made sales to the United States of the subject merchandise at prices below normal value. We invite interested parties to comment on these preliminary results. Parties that submit comments are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument(s).

On November 7, 2005, the Department of Commerce (``the Department'') published its affirmative preliminary determination in this proceeding. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Artist Canvas from the People's Republic of China, 70 FR 67412 (November 7, 2005) (``Preliminary Determination''). While the Department did not receive any allegations of ministerial errors in the Preliminary Determination, the Department inadvertently stated an inaccurate manufacturer/producer name in the provided combination rate, and inadvertently failed to include one combination rate. In the Preliminary Determination, the Department stated it would calculate combination rates for certain respondents that are eligible for a separate rate in this investigation. Thus, we granted Jiangsu Animal By-products Import & Export Group Corp. (``Jiangsu By- products'') (i.e., a separate rate applicant) a separate rate and calculated a combination rate for Jiangsu By-products. However, in our Weighted-Average Dumping Margins section, the Department inadvertently stated an inaccurate manufacturer/producer name in the provided combination rate for Jiangsu By-products, and inadvertently failed to include one combination rate for Jiangsu By-products. Therefore, we are correcting the Weighted-Average Dumping Margins section to include the additional combination rate and to correct the manufacturer/producer name.

On November 28, 2005, the United States Court of International Trade (``CIT'') issued an order sustaining the Department of Commerce's (``the Department'') Second Remand Results. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. vs. United States, Consol. Ct. No. 03-00202 (October 21, 2005) (available at https://www.ia.ita.doc.gov) (``Second Remand Results''); see also, Globe Metallurgical, Inc. v. United States, Slip Op. 05-150 (CIT November 28, 2005) (``Globe Metallurgical III''). In the First Remand Results, the Department recalculated the antidumping margins for Bratsk Aluminum Smelter and Rual Trade Limited (collectively, ``Bratsk'') and ZAO Kremny and SUAL-Kremny-Ural Ltd. (collectively, ``Kremny'') to value the respondents' usage of recycled silicon metal sized zero to five millimeters. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. v. United States, Consol. Ct. No. 03-00202 (January 5, 2005) (available at https://www.ia.ita.doc.gov) (``First Remand Results''). In the Second Remand Results, the Department recalculated the adverse facts available (``AFA'') portion of Kremny's antidumping duty margin using the revised antidumping duty margin for Bratsk calculated in the First Remand Results. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the Globe Metallurgical III decision is ``not in harmony'' with the Department's final determination.

On July 11, 2005, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the administrative review of the order on certain stainless steel butt-weld pipe fittings from Taiwan. See Certain Stainless Steel Butt- Weld Pipe Fittings From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent To Rescind in Part, 70 FR 39735 (July 11, 2005) (``Preliminary Results''). This review covers two manufacturers/exporters of the subject merchandise. The merchandise covered by this order is certain stainless steel butt-weld pipe fittings from Taiwan as described in the ``Scope of the Order'' section of this notice. The period of review (``POR'') is June 1, 2003, through May 31, 2004. We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments received, we made changes to the margin calculation for one respondent. Therefore, the final results have changed from the preliminary results of this review. The final weight-averaged dumping margin is listed below in the section titled ``Final Results of the Review.''

The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters (``NFE'') on December 2, 2005. The Certificate has been amended fifteen times. The most recent previous amendment was issued to NFE on October 14, 2004, and published in the Federal Register on October 21, 2004 (69 FR 61802). The original Export Trade Certificate of Review No. 84-00012 was issued to NFE on June 11, 1984, and published in the Federal Register on June 14, 1984 (49 FR 24581).

On September 28, 2005, the Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty (AD) order on certain corrosion- resistant carbon steel flat products (CORE) from France for the period August 1, 2004, through July 31, 2005. The Department intends to rescind this review after determining that the party subject to this review did not have entries during the period of review (POR) upon which to assess antidumping duties.

On June 6, 2005, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margin for Huvis Corporation is listed below in the ``Final Results of the Review'' section of this notice.

On June 7, 2005, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty order on certain softwood lumber products (subject merchandise) from Canada for the period April 1, 2003, through March 31, 2004. See Notice of Preliminary Results of Countervailing Duty Administrative Review: Certain Softwood Lumber Products from Canada, 70 FR 33088 (June 7, 2005) (Preliminary Results). The Department has now completed this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Based on information received since the Preliminary Results and our analysis of comments received, the Department has revised the net subsidy rate. For further discussion, see the accompanying Issues and Decision Memorandum from Stephen Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, concerning the final results of the second countervailing duty administrative review of certain softwood lumber products from Canada (Decision Memorandum) dated December 5, 2005. The final net subsidy rate is listed below in the section entitled ``Final Results of Review.''