International Trade Administration 2005 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on steel concrete reinforcing bars (rebar) from Latvia. We preliminarily determine that sales of subject merchandise by Joint Stock Company Liepajas Metalurgs (LM) have been made below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries based on the difference between the export price (EP) and the NV. Interested parties are invited to comment on these preliminary results.

The Department of Commerce is initiating countervailing duty investigations to determine whether manufacturers, producers, or exporters of certain lined paper products from India and Indonesia receive countervailable subsidies.

On April 22, 2005, the Department of Commerce published a notice of initiation of an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from Brazil for the period March 1, 2004, through February 28, 2005. The Department intends to rescind this review after determining that one of the parties subject to this review did not have entries during the period of review (POR) upon which to assess antidumping duties, and that the other party had no entries in addition to those that are already being examined in an ongoing new shipper review.

The Department of Commerce (the ``Department'') has determined that a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC''), received before August 31, 2005,\1\ meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is July 16, 2004, through July 31, 2005.

On June 1, 2005, the Department of Commerce (``the Department'') initiated the sunset review of the antidumping duty order on tapered roller bearings from the People's Republic of China (``China'') 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, adequate substantive responses filed on behalf of domestic interested parties, and lack of response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins likely to prevail if the order were revoked are identified in the Final Results of Review section of this notice.

On June 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on glycine from the People's Republic of China pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (Sunset) Reviews, 70 FR 31423 (June 1, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate response from respondent interested parties (in this case, no response), the Department conducted an expedited sunset review of the antidumping duty order pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(B) of the Department's regulations. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

The Department of Commerce is extending the time limit for the final results of the administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea. The period of review is May 1, 2003, through April 30, 2004. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act.

On June 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty orders on antifriction bearings and parts thereof from France, Germany, Italy and the United Kingdom pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of the notice of intent to participate and adequate substantive responses filed on behalf of the domestic interested parties and inadequate responses from respondent interested parties, the Department conducted expedited sunset reviews. 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 levels listed below in the section entitled ``Final Results of Reviews.''

On March 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on certain in- shell raw pistachios from Iran, 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 an adequate substantive response filed on behalf of domestic interested parties and an inadequate response from respondent interested parties, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador published on February 1, 2005 (70 FR 5156). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping new shipper review of Studmark, S.A. (Studmark).

On August 23, 2005, the Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) redetermination regarding the 1999-2000 antidumping duty administrative review of certain cased pencils (pencils) from the People's Republic of China (PRC). Pursuant to the Court's remand order, in its redetermination the Department assigned Guangdong Provincial Stationery & Sporting Goods Import & Export Corp. (Guangdong) a cash deposit rate of 13.91 percent, rather than the PRC-wide rate assigned to the company in the contested administrative review. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in The Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation, 893 F. 2d 337 (Fed. Cir. 1990) (Timken), the Department is publishing this notice of the CIT's decision which is not in harmony with the Department's determination in the 1999-2000 antidumping duty administrative review of pencils from the PRC.

The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke two countervailing duty orders in part.

On June 13, 2005, the Department of Commerce (``the Department'') published the final results of its administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC'') for the period from November 1, 2002, through October 31, 2003, in the Federal Register. See Final Results of Antidumping Duty Administrative Review: Fresh Garlic from the People's Republic of China, 69 FR 34082, and accompanying ``Issues and Decision Memorandum,'' dated June 6, 2005 (``Final Results''). We released the disclosure documents to the respondents on June 14, 2005, and to the petitioners\1\ on June 16, 2005. On June 20, 2005, the following parties filed timely allegations that the Department made various ministerial errors in the Final Results: Jinan Yipin Corporation Ltd. (``Jinan Yipin''), Linshu Dading Private Agricultural Co., Ltd. (``Linshu Dading''), Sunny Import and Export Co., Ltd. (``Sunny''), Taian Fook Huat Tong Kee Foodstuffs Co., Ltd. (``FHTK''), Taiyan Ziyang Food Co., Ltd. (``Ziyang''), and Zhengzhou Harmoni Spice Co., Ltd. (``Harmoni''). On June 23, 2005, the petitioners submitted rebuttal comments to one of the ministerial error allegations filed collectively by Jinan Yipin, Linshu Dading, Sunny, and Harmoni. In addition, when examining the ministerial error allegations raised by FHTK and Ziyang, the Department found other ministerial errors. Ziyang and FHTK filed complaints with the Court of International Trade (``CIT''), challenging the final results of review on June 14, and June 15, 2005, respectively. On July 26, 2005, Harmoni, Jinan Yipin, Linshu Dading, and Sunny filed similar complaints with the CIT, challenging the final results of review. On August 9 and August 10, 2005, Jinxiang Dongyun Freezing Storage Co. Ltd. and the petitioners, respectively, also filed complaints with the CIT, challenging the final results of review. When the interested parties noted above filed their complaints with the CIT the Department no longer had jurisdiction to correct the ministerial errors. Therefore, the Department requested leave from the CIT to correct these errors. On September 15, 2005, the CIT granted the Department leave to correct the errors.

On March 1, 2005, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty orders on top-of-the-stove stainless steel cooking ware (``cooking ware'') from the Republic of Korea (``Korea'') and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). The Department conducted expedited (120-day) sunset reviews of these orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Reviews section of this notice.

The Department of Commerce (``the Department'') is currently conducting a changed circumstances review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC''). We have preliminarily determined that 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. Interested parties are invited to comment on these preliminary results. The Department will issue the final results of this antidumping duty changed circumstances review not later than November 7, 2005, as the Department plans to issue the final results of this changed circumstance review at the same time as the final results of the concurrent administrative review.

On August 26, 2005, in Elkem Metals Company and Globe Metallurgical Inc. v. United States, Slip Op. 05-109 (Elkem Metals III), the Court of International Trade (CIT) affirmed the Final Results of Redetermination Pursuant to Remand (Remand Results II) released by the Department of Commerce (the Department), on March 16, 2005. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ``conclusive'' decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate all relevant entries from Rima Industrial, S.A. (Rima), as appropriate.

On March 10, 2005, the Department of Commerce (the ``Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on heavy forged hand tools, finished or unfinished, with or without handles (``HFHTs''), from the People's Republic of China (``PRC''). See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Preliminary Results of Administrative Reviews and Preliminary Partial Rescission of Antidumping Duty Administrative Reviews, 70 FR 11934 (March 10, 2005) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results and conducted verification of two Respondents. Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. We find that certain manufacturers/exporters sold subject merchandise at less than normal value during the POR.

On September 9, 2005, the binational panel issued its decision in the review of the final determination made by the International Trade Administration, respecting Alloy Magnesium from Canada Final Countervailing Duty Determination, New Shipper Review, Secretariat File No. USA-CDA-2003-1904-02. The binational panel affirmed the International Trade Administration determination with two dissenting opinions and one concurring opinion. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On May 13, 2005, the Department of Commerce published the preliminary results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore and the United Kingdom. The reviews cover 19 manufacturers/exporters. The period of review is May 1, 2003, through April 30, 2004. Based on our analysis of the comments received, we have made changes, including corrections of certain programming and other clerical errors, in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Reviews.''