International Trade Administration April 2006 – Federal Register Recent Federal Regulation Documents
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Initiation of Antidumping and Countervailing Duty Administrative Reviews
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke in part one antidumping duty order and three countervailing duty orders.
Partial Rescission of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand
In response to a request by United States Steel Corporation (petitioner) and Nucor Corporation (Nucor), a domestic interested party, the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain hot- rolled carbon steel flat products from Thailand with respect to Sahaviriya Steel Industries Public Company Limited (SSI) and Nakornthai Strip Mill Public Co., Ltd. (NSM).\1\ No other interested party requested a review with respect to SSI. The period of review is November 1, 2004, through October 31, 2005. On March 22, 2006, petitioner and Nucor withdrew their request for an administrative review of SSI. Accordingly, the Department is now rescinding the administrative review of SSI, while continuing the review with respect to NSM.
Hand Trucks and Certain Parts Thereof from The People's Republic of China: Notice of Decision of the Court of International Trade Not in Harmony
On March 8, 2006, the United States Court of International Trade (``Court'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the scope of the antidumping duty order on hand trucks from the People's Republic of China (``PRC''). See Vertex International, Inc., v. United States, Ct. No. 05-00272, Slip Op. 06-35 (Ct. Int'l Trade March 8, 2006) (``Vertex II''). This case arises out of the Department's Antidumping Duty Order on Hand Trucks and Certain Parts Thereof from the People's Republic of China, 69 FR 70122 (December 2, 2004) (``Order''). The final judgment in this case was not in harmony with the Department's February 2005 Final Scope Ruling.
Wooden Bedroom Furniture from The People's Republic of China: Notice of Court Decision Not in Harmony
On April 5, 2006, the United States Court of International Trade (``Court'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the amended final determination of the investigation of wooden bedroom furniture from the People's Republic of China. See Guangzhou Maria Yee Furnishings Ltd., et. al. v. United States, Ct. No. 05-00065, Slip Op. 06-44 (Ct. Int'l Trade April 5, 2006) (``Maria Yee Remand II''). This case arises out of the Department's Final Determination of Sales at Less Than Fair Value: Wooden Bedroom Furniture From the People's Republic of China, 69 FR 67313 (November 17, 2004), as amended, 70 FR 329 (January 4, 2005) (``Final Determination''). The final judgment in this case was not in harmony with the Department's Final Determination.
Porcelain-on-Steel Cooking Ware from the People's Republic of China: Notice of Final Results of Antidumping Duty Administrative Review
On December 22, 2005, the Department of Commerce (``the Department'') published the preliminary results of its administrative review of the antidumping duty order on porcelain-on-steel cooking ware from the People's Republic of China (``PRC''). See Porcelain-on-Steel Cooking Ware from the People's Republic of China: Notice of Preliminary Results of Antidumping Duty Administrative Review, 70 FR 76027 (``Preliminary Results''). Based on our analysis of the record, including comments received since the preliminary results, we have made no changes to the preliminary results. Therefore, the final results do not differ from the preliminary results. See Final Results of Review section, below.
Stainless Steel Wire Rod from Italy: Notice of Final Results of Changed Circumstances Antidumping Duty Review
On March 20, 2006, the Department of Commerce (the Department) published a notice of initiation and preliminary results of its changed circumstances review of the antidumping duty order on stainless steel wire rod (SSWR) from Italy. See Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Stainless Steel Wire Rod from Italy, 71 FR 13964 (Mar. 20, 2006) (Preliminary Results). We have now completed that review. For these final results, as in the Preliminary Results, we determine that: 1) Acciaierie Valbruna S.p.A. (Valbruna S.p.A.) is the successor-in-interest to Acciaierie Valbruna S.r.l. (Valbruna S.r.l.) and its subsidiary Acciaierie Bolzano S.p.A. (Bolzano S.p.A.), a respondent in the less- than-fair-value investigation; and 2) merchandise from Acciaierie Valbruna S.p.A. should be excluded from the antidumping duty order.
Notice of Initiation of New Shipper Antidumping Duty Review: Stainless Steel Bar from Germany
The Department of Commerce (``the Department'') has received a request for a new shipper review of the antidumping duty order on Stainless Steel Bar (``SSB'') from Germany published on March 7, 2002 (67 FR 10382). 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 Schmiedewerke Groditz GmbH (``SWG'').
Environmental Technologies Trade Advisory Committee (ETTAC)
The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a plenary meeting on May 12, 2006, at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, in Room 3407. The ETTAC will discuss the Asia Pacific Partnership on Clean Development and Climate, updated negotiations in the World Trade Organization's environmental goods and services trade liberalization, the Chinese market for environmental technologies, and an update on the recent Asia Pacific Environmental Technologies Trade Mission, among other administrative committee priority items. The meeting is open to the public and time will be permitted for public comment. Written comments concerning ETTAC affairs are welcome anytime before or after the meeting. Minutes will be available within 30 days of this meeting. The ETTAC is mandated by Public Law 103-392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently rechartered until May 30, 2006. For further information phone Ellen Bohon, Office of Energy and Environmental Technologies Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-0359. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482-5225.
Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin During an Antidumping Duty Investigation; Extension of Rebuttal Comment Period
On March 6, 2006, the Department of Commerce (``the Department'') published a notice in the Federal Register requesting comments regarding its calculation of the weighted average dumping margin during an antidumping duty investigation (71 FR 11189). The Department has decided to extend the rebuttal comment period, making the new deadline for the submission of public rebuttal comments May 4, 2006.
Export Trade Certificate of Review
The Secretary of Commerce issued an Export Trade Certificate of Review to American Textile Export Company, Inc. on December 4, 1990. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to American Textile Export Company, Inc.
Export Trade Certificate of Review
Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued.
Certain Softwood Lumber Products from Canada: Notice of Rescission of Antidumping Duty New Shipper Review
On December 28, 2005, the Department of Commerce (the Department) published in the Federal Register (70 FR 76774) a notice announcing the initiation of a new shipper review of the antidumping duty order on certain softwood lumber products from Canada, covering the period May 1, 2005, to October 31, 2005. The review covers International Forest Products Corporation (IFP Corp.). We are now rescinding this review as a result of our determination that IFP Corp. was not the first party in the chain of distribution with knowledge that the merchandise was destined for the United States.
North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review
On April 3, 2006, Wynndel Box & Lumber Co., Ltd. (``Wynndel''), filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the Final Scope Ruling Regarding Entries Made Under HTSUS 4409.10.05 made by the United States Department of Commerce, International Trade Administration, respecting Certain Softwood Lumber Products from Canada. Notification of this final determination was received by the other Party on March 8, 2006. The NAFTA Secretariat has assigned Case Number USA-CDA-2006-1904-05 to this request.
Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Court Decision and Suspension of Liquidation
On April 6, 2006, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 06-47, (``Alloy Piping II''), the Court of International Trade (``CIT'') affirmed the Department of Commerce's (``Department'') Final Results of Determination Pursuant to Remand (``Remand Results''), dated August 16, 2004. 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 Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') and revise the cash deposit rates as appropriate.
Notice of Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances in Part: Certain Lined Paper Products From India
The U.S. Department of Commerce (``the Department'') preliminarily determines that certain lined paper products from India (``CLPP'') are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (``the Act''). Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 30 days the final determination and extending the provisional measure from a four-month period to not more than six months. Accordingly, we will make our final determination not later than 105 days after publication of the preliminary determination.
Preliminary Determination of Sales at Less Than Fair Value, Affirmative Critical Circumstances, In Part, and Postponement of Final Determination: Certain Lined Paper Products from the People's Republic of China
We preliminarily determine that certain lined paper products (``CLPP'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Pursuant to requests from interested parties, we are postponing the final determination and extending the provisional measure from a four-month period to not more than six months. Accordingly, we will make our final determination not later than 135 days after publication of the preliminary determination.
Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Court Decision Not In Harmony with Final Results of Administrative Review
On April 3, 2006, the United States Court of International Trade (``Court'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the final results of the administrative review of freshwater crawfish tail meat from the People's Republic of China. See Hontex Enterprises Inc., D/B/A Louisiana Packing Co. v. United States, Consol. Ct. No. 02-00223, Slip Op. 06-42 (Ct. Int'l Trade April 3, 2006) (``Hontex Judgment''). This case arises out of the Department's Freshwater Crawfish Tail Meat from the People's Republic of China: Final Results of Administrative Antidumping Duty and New Shipper Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000)(``Final Results''). The final judgment in this case was not in harmony with the Department's April, 2000 Final Results.
Large Newspaper Printing Presses and Components Thereof, Whether Assembled or Unassembled, From Japan: Reconsideration of Sunset Review
The Department of Commerce (``the Department'') is initiating a review to reconsider the five-year (``sunset'') review that resulted in revocation of the antidumping duty order on large newspaper printing presses and components thereof, whether assembled or unassembled, from Japan.
Countervailing Duty Investigation of Certain Softwood Lumber Products From Canada: Notice of NAFTA Panel Decision
On November 22, 2005, the Department of Commerce (``Department'') issued its Fifth Remand Determination In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review (``Fifth Remand Determination''). On March 17, 2006, a North American Free Trade Agreement (``NAFTA'') Panel upheld the Department's Fifth Remand Determination. See Decision of the Panel on Fifth Remand, In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review, March 17, 2006 (``Panel Decision on Fifth Remand''). Subsequently, the NAFTA Panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on March 28, 2006. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990)(``Timken''), the Department is notifying the public that the Panel Decision on Fifth Remand and the Notice of Final Panel Action issued by the NAFTA Secretariat are not ``in harmony'' with the Department's original results.
Export Trade Certificate of Review
On April 6, 2006, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to U.S. Shippers Association (``USSA'').
Charter Renewal of the Industry Trade Advisory Committees (ITACs); Request for Nominations
On February 17, 2006, the Secretary of Commerce and the United States Trade Representative (USTR) renewed the charters of the 16 Industry Trade Advisory Committees (ITACs) and the Committee of Chairs of the ITACs for a four-year term to expire on February 17, 2010. The ITACs advise the USTR and the Secretary on trade matters. There are currently opportunities for membership on each of these Committees, including opportunities to serve as environmental representatives or public health or health care community representatives on select ITACs. Nominations will be accepted for current vacancies and those that occur throughout the remainder of the charter term, which expires on February 17, 2010.
Certain Polyethylene Terephthalate Film, Sheet and Strip from India: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review
In response to requests by certain producers/exporters of the subject merchandise and petitioners,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain polyethylene terephthalate film, sheet and strip (PET film) from India. This review covers three producers/exporters of the subject merchandise. The period of review (POR) is July 1, 2004, through June 30, 2005.
Stainless Steel Sheet and Strip in Coils from the Republic of Korea; Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review
In response to a request by Allegheny Ludlum Corporation, AK Steel Corporation, North American Stainless, United Auto Workers Local 3303, Zanesville Armco Independent Organization, Inc., and the United Steelworkers (collectively ``the petitioners''), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from the Republic of Korea (Korea). This review covers five producers/exporters of the subject merchandise to the United States. This is the sixth period of review (POR), covering July 1, 2004, through June 30, 2005. We have preliminarily determined that the sole company participating in this review, DaiYang Metal Co., Ltd. (DMC), has made sales below normal value (NV). In addition, we preliminarily determine that adverse facts available (AFA) should be applied to the remaining four companies (Boorim Corporation (Boorim), Dae Kyung Corporation (Dae Kyung), Dine Trading Co., Ltd. (Dine), and Dosko Co., Ltd. (Dosko)) for the POR because they declined to participate in this administrative review. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. In addition, we have preliminarily determined to rescind the review with respect to the following companies because these companies had no shipments of subject merchandise during the POR: BNG Steel Co. (BNG), Hyundai Corporation (Hyundai), NIC International Co., Ltd. (NIC), Pohang Iron and Steel Co., Ltd. (POSCO), Samkyung Corporation (Samkyung), Sammi Corporation (Sammi), Samwon Precision Metals Co., Ltd. (Samwon), and Sun Woo Tech Company (Sun Woo). We invite interested parties to comment on these preliminary results. Parties who wish to submit comments in this proceeding are requested to submit with each argument: (1) a statement of the issue; and (2) a brief summary of the argument.
Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada
In response to a request from Ivis Partners Ltd. (IVIS), the Department of Commerce is initiating a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada.
Honey from Argentina: Notice of Partial Rescission of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is partially rescinding its administrative review of the antidumping duty order of honey from Argentina for the period December 1, 2004 to November 30, 2005, with respect to 12 companies. This rescission, in part, is based on the timely withdrawal of the request for review by the respective interested party that requested the review. A complete list of the companies for which the administrative review is being rescinded is provided in the background section below.
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