International Trade Administration 2005 – Federal Register Recent Federal Regulation Documents

On April 8, 2005, in response to appeals in NTN Corporation, NTN Bearing Corporation of America, American NTN Bearing Manufacturing Corporation, NTN Driveshaft, Inc., NTN Bower Corporation, and NTN-BCA Corporation v. United States and Timken U.S. Corporation (NTN v. United States), 125 Fed. Appx. 1011 (CAFC April 8, 2005), the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) decision of the Department of Commerce's (the Department's) final remand determination, Court No. 00-09-00443, Slip. Op. 04-64 (CIT June 9, 2004). This remand determination affects final assessment rates for the administrative reviews of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan for the period of review May 1, 1998, through April 30, 1999. The merchandise covered by these reviews is ball bearings and parts thereof (BBs), cylindrical roller bearings and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). Because there is now a final and conclusive court decision, we are amending our final results of reviews and we will instruct U.S. Customs and Border Protection to liquidate entries subject to these reviews.

On May 13, 2005, the Department of Commerce (the Department) published a notice of initiation and the preliminary results of its changed-circumstances review of the antidumping duty order on certain hot-rolled carbon steel flat products from Romania in which it preliminarily determined that Mittal Steel Galati S.A. (Mittal Steel) is the successor-in-interest to S.C. Ispat Sidex S.A. (Sidex). See Certain Hot-Rolled Carbon Steel Flat Products from Romania: Initiation and Preliminary Results of Changed-Circumstances Review, 70 FR 25547 (May 13, 2005). We gave interested parties the opportunity to comment. We received no comments. Therefore, for these final results, the Department is adopting its preliminary determination that Mittal Steel is the successor-in-interest to Sidex.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(C) (2) (A)).

The Department of Commerce is extending the time limit for completion of the preliminary results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from Romania until November 30, 2005. The period of review is November 1, 2003, through October 31, 2004.

This notice sets forth objectives, procedures and application review criteria associated with support for domestic trade shows by the International Buyer Program of the U.S. Department of Commerce (DOC). As the program is changing from a fiscal year to a calendar year basis, this announcement covers selection for International Buyer Program participation for Fiscal Year 2007 (October 1, 2006 through September 30, 2007) and the 1st quarter of Fiscal Year 2008 (October 1, 2007 through December 31, 2007). The International Buyer Program was established to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The International Buyer Program emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. The assistance provided to show organizers includes worldwide overseas promotion of selected shows to potential international buyers, end- users, representatives and distributors. The worldwide promotion is executed through the offices of the DOC United States and Foreign Commercial Service (hereinafter referred to as the Commercial Service) in more than 70 countries representing America's major trading partners, and also in U.S. Embassies in countries where the Commercial Service does not maintain offices. As the program is changing from a fiscal year to a calendar year basis, the Department expects to select approximately 50 shows for the October 1, 2006 through December 31, 2007 period from among applicants to the program. Shows selected for the International Buyer Program will provide a venue for U.S. companies interested in expanding their sales into international markets. Successful show organizer applicants will be required to enter into a Memorandum of Understanding (MOU) with the DOC. The MOU constitutes an agreement between the DOC and the show organizer specifying which responsibilities are to be undertaken by DOC as part of the IBP and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting information about applying will be sent a copy of the MOU along with the application package. The responsibilities to be undertaken by DOC will be carried out by the Commercial Service.

On March 7, 2005, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative reviews of the countervailing duty (CVD) orders on low enriched uranium from Germany, the Netherlands, and the United Kingdom for the period January 1, 2003, through December 31, 2003 (see Preliminary Results of Countervailing Duty Administrative Reviews: Low Enriched Uranium from Germany, the Netherlands, and the United Kingdom, 70 FR 10986 (March 7, 2005) (Preliminary Results)). The Department has now completed these administrative reviews 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 the comments received, the Department has not revised the net subsidy rate for Urenco Deutschland GmbH of Germany (UD), Urenco Nederland B.V. of the Netherlands (UNL), Urenco (Capenhurst) Limited (UCL) of the United Kingdom, Urenco Ltd., and Urenco Inc. (collectively, the Urenco Group or respondents), the producers/ exporters of subject merchandise covered by these reviews. For further discussion of our positions, see the ``Issues and Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration concerning the ``Final Results of Countervailing Duty Administrative Reviews: Low Enriched Uranium from Germany, the Netherlands, and the United Kingdom'' (Decision Memorandum) dated July 5, 2005. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Reviews.''

On March 7, 2005, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on low enriched uranium from France for the period January 1, 2003, through December 31, 2003 (see Preliminary Results of Countervailing Duty Administrative Review: Low Enriched Uranium from France, 70 FR 10989 (March 7, 2005) (LEU Preliminary Results 2003)). The Department has now completed the administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Based on our analysis of the comments received, the Department has not revised the net subsidy rate for Eurodif S.A. (Eurodif)/Compagnie Generale Des Matieres Nucleaires (COGEMA), the producer/exporter of subject merchandise covered by this review. For further discussion of our analysis of the comments received for these final results, see the July 5, 2005, Issues and Decision Memorandum from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, concerning the Final Results of Countervailing Duty Administrative Review: Low Enriched Uranium from France (LEU Decision Memorandum 2003). The final net subsidy rate for Eurodif/COGEMA is listed below in ``Final Results of Review.''

The Department of Commerce is fully extending the time limit for the final results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from Brazil. The period of review is March 1, 2003, through February 29, 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.

In response to a request from P.T. Ispat Indo (Ispat Indo), the U.S. Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Indonesia (A-560-815). This administrative review covers imports of subject merchandise from Ispat Indo. The period of review is October 1, 2003, through September 30, 2004. We preliminarily determine that sales of subject merchandise by Ispat Indo did not make sales of subject merchandise at less than normal value (NV) during the period of review. If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to liquidate appropriate entries without regard to antidumping duties. Interested parties are invited to comment on these preliminary results. Parties who submit argument in this proceeding 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.

In response to multiple requests, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on folding metal tables and chairs (FMTCs) from the People's Republic of China (PRC). The period of review (POR) is June 1, 2003, through May 31, 2004. Upon completion of this review, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise that were exported by the companies under review and entered during the POR. Interested parties are invited to comment on these preliminary results.

The Department of Commerce (the ``Department'') has determined that three requests for new shipper reviews of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''), received in May 2005, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') of these new shipper reviews is November 1, 2004, through April 30, 2005.

Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing antidumping duty orders on purified carboxymethylcellulose (CMC) from Finland, Mexico, the Netherlands and Sweden. On June 30, 2005, the ITC notified the Department of its affirmative determination of injury to a U.S. industry. See letter from the ITC to the Secretary of Commerce, Notification of Final Affirmative Determination of Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands, and Sweden (Investigation Nos. 731-TA-1084-1087 (Final)), dated June 30, 2005. See also Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands, and Sweden, USITC Publication 3787, June 30, 2005.

The Department of Commerce (the Department) has determined that Mittal Canada Inc. (Mittal) is the successor-in-interest to Ispat Sidebec Inc. (Ispat) and, as a result, should be accorded the same treatment previously accorded to Ispat in regard to the antidumping order on steel wire rod from Canada as of the date of publication of this notice in the Federal Register.

Pursuant to the Order of the Binational Panel dated May 20, 2005, affirming the final remand determination described above the panel review was completed on May 31, 2005.

On June 24, 2005 the binational panel issued its decision in the review of the five year review made by the International Trade Commission, respecting Gray Portland Cement and Clinker from Mexico, NAFTA Secretariat File Number USA-MEX-2000-1904-10. The binational panel affirmed in part and remanded in part the International Trade Commission's determination. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On December 27, 2004, the Department published the Preliminary Results of the second administrative review of the antidumping duty order on honey from the People's Republic of China (``PRC'') (69 FR 77184). This review covers nine exporters or producer/exporters: (1) Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. (``Zhejiang''); (2) Shanghai Eswell Enterprise Co., Ltd. (``Eswell''); (3) Wuhan Bee Healthy Company, Ltd. (``Wuhan Bee''); (4) Jinfu Trading Co., Ltd. (``Jinfu''); (5) Sichuan- Dujiangyan Dubao Bee Industrial Co., Ltd. (``Dubao''); (6) Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import & Export Corp. (``Inner Mongolia''); (7) Shanghai Xiuwei International Trading Co., Ltd. (``Shanghai Xiuwei''); (8) Shanghai Shinomiel International Trade Corporation (``Shanghai Shinomiel''); and (9) Kunshan Foreign Trade Company (``Kunshan''), and exports of the subject merchandise to the United States during the period December 1, 2002 through November 30, 2003. Based on our analysis of the record, including factual information obtained since the Preliminary Results, we have made changes to the margin calculations for Zhejiang, Eswell, Wuhan Bee, and Jinfu. Based on Dubao's non-cooperation after the Preliminary Results, we have applied total adverse facts available to all of Dubao's sales during the POR. Therefore, the final results differ from the Preliminary Results. See ``Final Results of Review'' section below

The Department of Commerce has completed the allocation of the increase in the 2005 worsted wool fabric tariff rate quota (TRQ) mandated by the ``Wool Suit and Textile Trade Extension Act of 2004'' (included in the Miscellaneous Trade and Technical Corrections Act of 2004, H.R. 1047). These actions were taken in accordance with Department of Commerce regulations (15 CFR 335) (70 FR 25774). The increases in the 2005 TRQs are: 1 million square meters for Harmonized Tariff Schedule (HTS) 9902.51.11 to an annual total level of 5.5 million square meters (worsted wool fabrics with average fiber diameters greater than 18.5 microns) and 1.5 million square meters for HTS 9902.51.15 to an annual total level of 5 million square meters (worsted wool fabrics with average fiber diameters of 18.5 microns or less).

The Department of Commerce, in consultation with the Secretary of Agriculture, has prepared its quarterly update to the annual list of foreign government subsidies on articles of cheese subject to an in- quota rate of duty during the period January 1, 2005, through March 31, 2005. We are publishing the current listing of those subsidies that we have determined exist.

Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (``the Department'') and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as appropriate) and of material injury. As a courtesy, the Department provides advance notice of the cases that are scheduled for sunset reviews one month before those reviews are initiated.

The United States Department of Commerce, International Trade Administration, U.S. Commercial Service is organizing a Renewable Energy Trade Mission to Brazil, October 17-19, 2005, to help U.S. firms find business partners and sell renewable energy equipment and services in Rio de Janeiro, S[atilde]o Paulo, and Salvador da Bahia. Targeted sectors include hydro, wind, solar, bio- diesel and biomass.