International Trade Administration November 2005 – Federal Register Recent Federal Regulation Documents

On April 4, 2005, the Department of Commerce (the Department) published a notice of initiation of changed circumstance review of the antidumping order on certain circular welded carbon steel pipes and tubes from Taiwan to determine whether Yieh Phui Enterprise, Ltd. (Yieh Phui) is a successor-in-interest to Yieh Hsing Enterprise, Ltd. (Yieh Hsing). See Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Initiation of Antidumping Duty Changed Circumstance Review, 70 FR 17063 (April 4, 2005) (Initiation Notice). On October 17, 2005, the Department published a notice of preliminary results of this changed circumstance review in which we preliminarily determined that Yieh Phui is the successor-in-interest to Yieh Hsing for purposes of determining antidumping liability. We gave interested parties the opportunity to comment after publication of the Preliminary Results. See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Prelminary Results of Antidumping duty Changed Circumstance Review, 70 FR 60279 (October 17, 2005) (Preliminary Results). No comments were received; thus, the Department is adopting its preliminary determination for these final results.

To provide additional information regarding a Federal Register notice published November 14, 2005, Volume 70, Number 218, regarding the United States Travel and Tourism Advisory Board (``Board'') intent to hold a meeting on December 1, 2005, in New Orleans, Louisiana, to discuss topics related to the travel and tourism industry. The meeting has been postponed and will be rescheduled. Date: TBA. Time: TBA. Address: TBA.

The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between July 1, 2005, and September 30, 2005. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of September 30, 2005. We intend to publish future lists after the close of the next calendar quarter.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the countervailing duty (``CVD'') order on top-of-the-stove stainless steel cookware (``TOS cookware'') from South Korea (``Korea'') would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the CVD order.

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 porcelain- on-steel cooking ware from the People's Republic of China (``PRC'') and Taiwan would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of this antidumping duty order.

The Department of Commerce (``Department'') is postponing the preliminary determination in the antidumping duty investigation of metal calendar slides from the Japan from December 6, 2005, until no later than January 25, 2006. This postponement is made pursuant to section 733(c)(1)(A) of the Tariff Act of 1930, as amended (``the Act'').

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''). The period of review (``POR'') for this administrative review is November 1, 2003, through October 31, 2004. The Department is also conducting new shipper reviews for two exporters/producers. The POR for the new shipper reviews is also November 1, 2003, through October 31, 2004. One company named in the initiation of this review made no exports or sales of the subject merchandise during the POR and, consequently, we are preliminarily rescinding the review for this company. In addition, we are preliminarily rescinding the review for four companies because the requesting party withdrew its request for reviews of those companies. Therefore, this review covers nineteen producers/exporters of the subject merchandise. We preliminarily determine that thirteen of these companies have made sales in the United States at prices below normal value. Further, we preliminarily determine that the remaining six companies are not entitled to separate rates and have assigned them the rate for the PRC- wide entity. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We will issue the final results no later than 120 days from the date of publication of this notice.

On September 20, 2005, the Department of Commerce (``the Department'') published the notice of preliminary results of its changed circumstances review examining whether Shandong Huanri Group Co., Ltd. (``Huanri Group'') is the successor-in-interest to Shandong Huanri Group General Company (``Huanri Group General'') for purposes of determining antidumping liability. See Brake Rotors From the People's Republic of China: Preliminary Results of Antidumping Duty Changed Circumstances Review, 70 FR 55107 (September 20, 2005) (``Preliminary Results''). In those Preliminary Results, the Department found that Huanri Group was the successor-in-interest to Huanri Group General. However, after consideration of factual information evaluated in the Department's seventh administrative review of brake rotors from the People's Republic of China (PRC), the Department finds that although Huanri Group remains the successor-in-interest to Huanri Group General, information in the above-referenced administrative review has led the Department to deny Huanri Group General a separate rate. See Comment 7 of the Issues and Decision Memorandum for the Final Results in the 2003/2004 Administrative Review of Brake Rotors from the People's Republic of China, to Stephen J. Claeys, Acting Assistant Secretary for Import Administration, from Edward Yang, Senior Enforcement Coordinator / NME Unit, Import Administration (November 7, 2005) (``2003/2004 Issues and Decision Memorandum''), which is on file in the Central Records Unit, Room B-099 of the main Department building. We have now completed this changed circumstances review in accordance with 19 CFR 351.216 and 351.221(c)(3).

On March 15, 2005, the United States Court of International Trade (``CIT'') issued an order sustaining the Department of Commerce's (``the Department'') second remand determination of the Final Determination of Sales at Less Than Fair Value: Certain Hot Rolled Carbon Steel Flat Products from the People's Republic of China, 66 FR 49632 (September 28, 2001) (``Final Determination''). See Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Because all litigation in this matter has now concluded, the Department is issuing its amended final determination in accordance with the CIT's decision.

Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (ITC) determined that revocation of the antidumping duty order on top-of-the-stove stainless steel cooking ware (cooking ware) from Taiwan would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Investigations Nos. 731-TA-298 and 299 (Second Review); Investigations Nos. 701-TA-267 and 268 and 731-TA-304 and 305 (Second Review); Porcelain-on-Steel Cooking Ware From China and Taiwan; Top-of-the-Stove Stainless Steel Cooking Ware From Korea and Taiwan, 70 FR 67740 (November 8, 2005) (ITC Determination). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department of Commerce (the Department) is revoking the antidumping duty order on cooking ware from Taiwan. Pursuant to section 751(c)(6)(A)(iv) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation of the antidumping duty order is April 18, 2005, the fifth anniversary of the date of publication in the Federal Register of the determination to continue the order.

On July 12, 2005, the Department of Commerce (``the Department'') published the preliminary results of its second administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago. The review covers one producer of the subject merchandise. The period of review (``POR'') is October 1, 2003, through September 30, 2004. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section.

On October 21, 2005, the Department of Commerce published in the Federal Register the amended final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Japan. The period of review is May 1, 2003, through April 30, 2004. Based on the correction of a certain ministerial error, we have changed the margin for Nippon Pillow Block Co., Ltd., for the administrative review of ball bearings and parts thereof from Japan.

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 order on glycine from the People's Republic of China (``PRC'') would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of this antidumping duty order.

Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.

On November 3, 2005, the binational panel issued its decision in the review of the final determination made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico Final Antidumping Duty Administrative Review, Secretariat File No. USA-MEX-98-1904-02. The binational panel affirmed in part and remanded in part to the International Trade Administration. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On July 1, 2005, the Department of Commerce (``the Department'') initiated the second sunset reviews of the antidumping duty orders on certain circular welded carbon steel pipes and tubes from India, Taiwan, Thailand, and Turkey, and circular welded non-alloy steel pipe from Brazil, Republic of Korea (``Korea''), Mexico, and Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of the domestic interested parties and inadequate response from respondent interested parties, the Department has conducted expedited sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the level indicated in the ``Final Results of Review'' section of this notice.