International Trade Administration March 2006 – Federal Register Recent Federal Regulation Documents

On January 19, 2006, the Department of Commerce (the Department) published in the Federal Register a notice announcing the initiation of a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada. See Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada 71 FR 4350 (January 19, 2006) (Initiation Notice). The review was requested by Weyerhaeuser Company Limited and Weyerhaeuser Saskatchewan Limited (collectively, Weyerhaeuser). We are now rescinding this review as a result of Weyerhaeuser's withdrawal of its request for a changed circumstances review.

On November 7, 2005, the Department of Commerce (``the Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of artist canvas from the People's Republic of China (``PRC''). The period of investigation (``POI'') is July 1, 2004, through December 31, 2004. The investigation covers two manufacturers/exporters which are mandatory respondents and two separate-rate status applicants. On February 17, 2006, we issued a preliminary scope ruling with regard to cut and stretched artist canvas made in the PRC from bulk roll canvas woven and primed in India. We invited interested parties to comment on our preliminary determination of sales at LTFV and our preliminary scope ruling. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.

On February 24, 2006, the Department of Commerce (the Department) published a notice in the Federal Register announcing the initiation of an administrative review of the antidumping duty order on prestressed concrete steel wire strand from Thailand, covering the period January 1, 2005, to December 31, 2005. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Thailand: Prestressed Concrete Steel Wire Strand, 71 FR 9519 (February 24, 2006). The review covers Siam Industrial Wire Co. Ltd. (SIW). We are now rescinding this review as a result of SIW's timely withdrawal of its request for an administrative review.

On February 1, 2006, in response to a timely request from the American Honey Producers Association and the Sioux Honey Association (Petitioner), the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on honey from Argentina. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 71 FR 5241 (February 1, 2006) (Initiation Notice). This administrative review covered the period January 1, 2005 through December 31, 2005. We are now rescinding this review as a result of Petitioner's withdrawal of its requests for an administrative review of this order.

The Department of Commerce is revoking the countervailing duty order on stainless steel plate in coils from Italy because we have concluded that substantially all domestic producers lack interest in the relief provided by this order.

On February 1, 2006, the Department of Commerce (``the Department'') initiated the sunset reviews of the antidumping duty (``AD'') orders on grain-oriented electrical steel (``GOES'') from Italy and Japan and of the countervailing duty (``CVD'') order on GOES from Italy. (See 70 FR 5243). Because the domestic interested parties did not participate in these sunset reviews, the Department is revoking these AD and CVD orders.

In response to requests from Niples Del Norte S.A. de C.V. (``NDN''), Hylsa S.A. de C.V. (``Hylsa''), Mueller Comercial de Mexico, S. de R.L. de C.V (``Mueller'') and Productos Laminados de Monterrey, S.A. de C.V (``Prolamsa''), four Mexican manufacturers of circular welded non-alloy steel pipe, and Southland Pipe Nipples Co., Inc. (``Southland''), an interested party, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on circular welded non-alloy steel pipe from Mexico. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 76024 (December 22, 2005). This administrative review covered the period November 1, 2004, through October 31, 2005. We are now rescinding this review due to requests by parties to withdraw from the review and the Department's determination that Prolamsa did not have shipments of subject merchandise during the period of review.

On March 13, 2006, the United States Court of International Trade (the Court) sustained the final remand redetermination made by the Department of Commerce (the Department) pursuant to the Court's remand of the final results of the 2002-2003 administrative review of certain steel concrete reinforcing bars from Turkey. See Colakoglu Metalurji A.S. v. United States, Court No. 04-00621, Slip Op. 06-36 (CIT Mar.13, 2006) (Colakoglu Remand). This case arises out of the Department's Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination Not To Revoke in Part, 69 FR 64731 (Nov. 8, 2004) (Final Results). The final judgment in this case was not in harmony with the Department's November 2004 Final Results.

The Department of Commerce (``Department'') has determined that a request to conduct a new shipper review of the antidumping duty order on frozen warmwater shrimp from the People's Republic of China (``PRC''), received on February 22, 2006, meets the statutory and regulatory requirements for initiation. Therefore, in accordance with 19 CFR 351.214(d), we are initiating a new shipper review for Hai Li Aquatic Co., Ltd. Zhao An, Fujian (also known as Haili Aquatic Co. Ltd. Zhaoan, Fujian) (``Hai Li''). The period of review (``POR'') for this new shipper review is July 16, 2004, through January 31, 2006.\1\

On March 17, 2006, the binational panel issued its decision in the review of the final results of the countervailing duty determination made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-03) affirmed the re-determination on remand of the Department of Commerce. A copy of the complete panel decision is available from the NAFTA Secretariat.

In response to a request by LDR Industries, Inc. and Beijing Sai Lin Ke Hardware Co., Ltd., the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain malleable iron pipe fittings from the People's Republic of China with respect to Beijing Sai Lin Ke Hardware Co., Ltd. No other interested party requested a review. The period of review is December 1, 2004, through November 30, 2005. On February 13, 2006, LDR Industries, Inc. and Beijing Sai Lin Ke Hardware Co., Ltd. withdrew their request for an administrative review of Beijing Sai Lin Ke Hardware Co., Ltd. Accordingly, the Department is now rescinding the administrative review of Beijing Sai Lin Ke Hardware Co., Ltd.

On February 8, 2006, the U.S. Department of Commerce (the Department) published a notice of preliminary results of changed circumstances reviews with the intent to revoke, in part, the antidumping duty orders on certain corrosion-resistant carbon steel flat products (corrosion-resistant steel) from Canada and Germany, as described below. See Preliminary Results of Antidumping Duty Changed Circumstances Reviews And Notice of Intent to Revoke Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Canada and Germany, 71 FR 6447 (February 8, 2006) (Preliminary Results). In our Preliminary Results, the Department invited interested parties to comment on the request to exclude ``wear plate'' (described below) from the scope of these orders. The Department received no comments. The Department concludes that producers accounting for substantially all of the production of the domestic like product to which these orders pertain lack interest in the relief provided by these orders with respect to wear plate because the domestic parties: 1) made an affirmative statement of no interest in the continuation of the orders with respect to that merchandise; and 2) did not comment on the Preliminary Results, in which the Department stated its intent to revoke the order with respect to this merchandise. Therefore, the Department concludes that it is appropriate to revoke these orders, in part, with respect to unliquidated entries of wear plate, not subject to the final results of an administrative review.

On September 15, 2005, the Department of Commerce (``the Department'') published in the Federal Register its preliminary results of administrative review of the countervailing duty order on dynamic random access memory semiconductors (``DRAMS'') from the Republic of Korea (``Korea'') for the period April 7, 2003, through December 31, 2003. This review covers one company, Hynix Semiconductor, Inc. (``Hynix''). We gave interested parties an opportunity to comment on the preliminary results. Based on information received since the preliminary results and our analysis of the comments received, the Department has revised the net subsidy rate for Hynix. The final net subsidy rate for the reviewed company is listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (``the Department'') is considering amending its regulations with respect to the use of market economy inputs in the calculation of normal value in antidumping proceedings involving non-market economy (``NME'') countries. Specifically, in cases where an NME producer sources an input from both market-economy suppliers and from within the NME, this regulatory change would increase the Department's flexibility to value the input by weight- averaging the market economy purchase price with an appropriate surrogate value. The Department also intends to introduce an interim change in its practice that is consistent with the Department's regulations. Interested parties are invited to comment on these proposals.

On February 13, 2006, the Department of Commerce (the Department) published its final results of the eleventh administrative review for certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea) for the period from August 1, 2003 through July 31, 2004. See Notice of Final Results of the Eleventh Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 71 FR 7513 (February 13, 2006), (Final Results). We are amending our Final Results to correct a ministerial error made in the calculation of the dumping margin for Union Steel Manufacturing Co., Ltd. (Union), pursuant to section 751 (h) of the Tariff Act of 1930, as amended (the Act).

On February 16, 2006, and February 21, 2006, in accordance with 19 CFR 351.214(j)(3), Xuzhou Jinjiang Foodstuffs Co., Ltd. (``Jinjiang'') and Xiping Opeck Food Co. Ltd. (``Opeck''), respectively, agreed to waive the time limits in section 351.214(i) of the Department of Commerce's (``the Department'') regulations so that the Department may conduct the new shipper reviews of freshwater crawfish tail meat from the People's Republic of China (``PRC''), for the period September 1, 2004, through August 31, 2005, concurrently with the administrative review for the same period. Therefore, pursuant to Opeck and Jinjiang's requests and in accordance with the Department's regulations, we will conduct the administrative and new shipper reviews concurrently. The deadline for the preliminary results for the new shipper reviews, originally scheduled for May 1, 2006, will now be June 2, 2006, and the estimated deadline for the finals results will now be September 30, 2006.

On August 30, 2005, the Department of Commerce (the Department) published a notice of initiation of an antidumping duty changed circumstances review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). See Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Cased Pencils from the People's Republic of China, 70 FR 51336 (August 30, 2005) (Initiation). The Department published the preliminary results of this review on January 3, 2006. See Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review and Intent to Revoke Order in Part: Certain Cased Pencils from the People's Republic of China, 71 FR 92 (January 3, 2006) (Preliminary Results). We are now revoking this order, in part, with respect to pencils meeting the specifications described below, based on the fact that domestic interested parties \1\ have expressed no objection to exclusion of these pencils from the order.