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

On October 19, 2005, in response to its action in SNR Roulements et al. v. United States, Consol. Court No. 97-10-01825, Slip Op. 05-67 (June 13, 2005), the United States Court of International Trade (CIT) affirmed the Department of Commerce's (the Department's) remand redetermination concerning the final assessment rates for the administrative review of the antidumping duty order on antifriction bearings and parts thereof (AFBs) from France. On October 28, 2005, in response to its actions in NTN Bearing Corp. of America et al. v. United States, Court No. 97-10-01800 (July 7, 2005), and FAG Italia S.p.A. et al. v. United States, Court No. 97-02-00260-S (July 7, 2005), the CIT affirmed the Department's remand redetermination concerning the final assessment rates for the administrative reviews of the antidumping duty orders on AFBs from Germany and Italy. On November 4, 2005, in response to its action in FAG Kugelfischer Georg Schafer AG et al. v. United States, Court No. 97-02-00260 (July 7, 2005), the CIT affirmed the Department's remand redetermination concerning the final assessment rates for the administrative reviews of the antidumping duty orders on AFBs from Germany. On April 27, 2001, the CIT affirmed the Department's remand redetermination with respect to the antidumping duty orders on AFBs from France. See SKF USA Inc. et al. v. United States, Consol. Court No. 97-02-00269-S1, Slip. Op. 01-54 (April 27, 2001). On December 21, 2000, the CIT affirmed the Department's remand redetermination with respect to the antidumping duty orders on AFBs from the United Kingdom. See RHP Bearings Ltd. et al v. United States, Consol. Court No. 97-02- 00217, Slip Op. 00-168 (December 21, 2000). The periods covered by these administrative reviews are May 1, 1994, through April 30, 1995, and May 1, 1995, through April 30, 1996. The merchandise covered by these reviews are ball bearings and parts thereof (BBs), cylindrical roller bearings and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). Because the time period for filing an appeal has expired and there are now final and conclusive court decisions in these actions, we are amending our final results of the reviews and we will instruct U.S. Customs and Border Protection to liquidate entries subject to these reviews.

Pursuant to the Notice of Consent Motion to Dismiss the Panel Review by the complainants, the panel review is dismissed as of March 6, 2006. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is dismissed.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain hot- rolled carbon steel flat products (hot-rolled steel) from Japan in response to a request by Ispat Inland Inc. (Ispat), a petitioner in the original investigation, and Nucor Corporation (Nucor), a domestic producer of hot-rolled steel (collectively, petitioners). Petitioners requested administrative reviews of Kawasaki Steel Corporation (Kawasaki) and JFE Steel Corporation (JFE). This review covers exports of subject merchandise to the United States during the period June 1, 2004 through May 31, 2005. We preliminarily determine that adverse facts available should be applied to JFE and Kawasaki during the period of review (POR) for declining to participate, and for not cooperating with the Department, in this administrative review. Interested parties are invited to comment on these preliminary results. See the Preliminary Results of Review section of this notice.

On November 1, 2005, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on cut-to-length carbon steel plate (CTL Plate) from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of the notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties and no response or inadequate responses from respondent interested parties, the Department conducted expedited sunset reviews of these antidumping duty orders and antidumping finding. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders on CTL Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Final Results of Sunset Reviews.''

The Department has determined to apply an adverse facts available rate of 59.67 percent to Tokyo Kikai Seisakusho, Ltd. (TKS) in the 1997-1998 administrative review under section 776(b) of the Tariff Act of 1930, as amended (the Act), as a result of TKS' misconduct during this review. We are also rescinding the company- specific revocation with respect to TKS and reinstating the order with respect to TKS from September 1, 2000, through September 3, 2001, the day before the effective date of the sunset revocation. Upon the completion of this review, we will reopen for reconsideration the sunset review that resulted in revocation of this order.

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain cut-to-length carbon-quality steel plate (CLT plate) from the Republic of Korea (Korea) for the period January 1, 2004, through December 31, 2004, the period of review (POR). For information on the net subsidy rate for the reviewed company, see the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section of this notice.

The Department of Commerce (``Department'') received timely requests to conduct an administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). The anniversary month of this order is January. In accordance with the Department's regulations, we are initiating this administrative review.

On February 21, 2006, The U.S. Department of Commerce issued an Export Trade Certificate of Review to California Tomato Export Group (``CTEG''). This notice summarizes the conduct for which certification has been granted.

The Department of Commerce (``the Department'') is currently conducting the sixth administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC'') covering the period February 1, 2004, through January 31, 2005. This review covers imports of subject merchandise from four manufacturers/exporters: Raoping Yucun Canned Foods Factory (``Raoping Yucun''), Primera Harvest (Xiangfan) Incorporated (``PHX''), Gerber Food (Yunnan) Co., Ltd. (``Gerber'') and Guangxi Yulin Oriental Food Co., Ltd. (``Guangxi Yulin'') . We are preliminarily rescinding the review with respect to Green Fresh Foods (Zhangzhou) Co., Ltd. (``Green Fresh''). We preliminarily find that Yucun sold subject merchandise at less than normal value (``NV'') during the period of review (``POR''). In addition, we find that adverse facts available (``AFA'') are appropriate for PHX, Gerber and Guangxi Yulin. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries in accordance with these results. We invite interested parties to comment on these preliminary review results and will issue the final review results no later than 120 days from the date of publication of this notice.

On April 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the suspended antidumping duty investigation on ammonium nitrate from the Russian Federation (``Russia'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2005) (``Initiation Notice''). On the basis of notices of intent to participate filed on behalf of domestic interested parties and adequate substantive comments filed on behalf of domestic and respondent interested parties, the Department conducted a full (240-day) review. As a result of this review, the Department finds that termination of the suspended antidumping duty investigation on ammonium nitrate from Russia 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 (``the Department'') is conducting new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (``PRC'') in response to requests from Jiangsu Jiushoutang Organisms-Manufacturers Co. Ltd. (``Jiangsu JOM''), Shanghai Sunbeauty Trading Co., Ltd. (``Shanghai Sunbeauty''), and Qingdao Wentai Trading Co. Ltd. (``Wentai''). The period of review (``POR'') is September 1, 2004, through February 28, 2005. We have preliminarily determined that the new shipper reviews of Jiangsu JOM, Shanghai Sunbeauty, and Wentai should all be rescinded because the sales made by each were not bona fide. Much of the information upon which we relied to analyze the bona fides of the sales is business proprietary; therefore, our full analysis is set forth in: Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., dated February 23, 2006 (``Jiangsu JOM Memo''), Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Shanghai Sunbeauty Trading Co. Ltd., dated February 23, 2006 (``Sunbeauty Memo''), and Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Qingdao Wentai Trading Co. Ltd., dated February 23, 2006 (``Wentai Memo''), public versions of which are on file in the Central Records Unit, room B-099 of the main Commerce Building. Interested parties are invited to comment on this preliminary rescission determination.

On April 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty order (``CVD'') on brass sheet and strip from France 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 the domestic interested parties and an adequate response from respondent interested parties, the Department determined to conduct a full sunset review of this CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of this sunset review, the Department finds that revocation of the CVD order would not be likely to lead to continuation or recurrence of a countervailable subsidy. Therefore, the Department is revoking this CVD order.

On October 28, 2005, the Department of Commerce published the preliminary results of the third administrative review of the antidumping duty order on stainless steel bar from Italy. The period of review is March 1, 2005, through February 28, 2005. This review covers imports of stainless steel bar to the United States from UGITECH S.A. Based on our analysis of the comments received, we conclude that the final results do not differ from the preliminary results of review, in which we found that UGITECH S.A. did not make shipments of subject merchandise to the United States during the period of review. Therefore, we are rescinding the administrative review.