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

In response to a March 22, 2006, request by Hyundai Steel Company (Hyundai), claiming to be the successor-in-interest to INI Steel Company (INI), the Department of Commerce (the Department) is initiating a changed circumstances review of the countervailing duty (CVD) order on stainless steel sheet and strip in coils (SSSSC) from the Republic of Korea (Korea). Hyundai claims that INI changed its corporate name to Hyundai effective March 10, 2006. Therefore, Hyundai maintains it is entitled to INI's cash deposit rate for the CVD order on SSSSC from Korea. Interested parties are invited to comment on this notice of initiation.

The Commerce Department's International Trade Administration (ITA) and its U.S. Commercial Service posts in India will host a U.S. delegation to the India Business Summit to be led by Under Secretary for International Trade Franklin L. Lavin, November 29-30, 2006, followed by spin-off missions in six Indian cities, December 4-5, 2006. Leaders of U.S. business, industry, education, and state and local government are among those encouraged to take part in the Summit, where strategic breakout sessions will provide access to India's high-level business, industry, and government representatives and insights into the country's trade and investment climate. Following the Summit, the U.S. Commercial Service posts in India will concurrently host spin-off missions for U.S. exporters in Bangalore, Calcutta, Chennai, Hyderabad, Mumbai, and New Delhi. The spin-off missions will be open to qualified U.S. business representatives in a wide range of sectors and will include market briefings, networking receptions, and one-on-one business appointments with prospective agents, distributors, partners, and end-users.

On March 7, 2006, the Department of Commerce (``the Department'') initiated the first administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering the period June 24, 2004, through December 31, 2005. See Notice of Initiation of Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China, 71 FR 11394 (March 7, 2006) (``Initiation Notice''). Between March 7, 2006, and June 5, 2006, several parties withdrew their requests for review. Therefore, the Department is rescinding the administrative review of sales of wooden bedroom furniture with respect to the entities for whom all review requests have been withdrawn.

On February 22, 2006, the Department of Commerce (the Department) published in the Federal Register its preliminary results in the countervailing duty (CVD) administrative review of certain in- shell pistachios from Iran. See Certain In-shell Pistachios from the Islamic Republic of Iran: Preliminary Results of Countervailing Duty Administrative Review, 71 FR 9091 (Preliminary Results). The Department has now completed this administrative review 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 Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company (Nima), the respondent company in this proceeding. For further discussion of our positions, see the ``Issues and Decision Memorandum'' from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, concerning the ``Final Results of Countervailing Duty Administrative Review: Certain In-shell Pistachios from the Islamic Republic of Iran'' (Decision Memorandum) dated June 22, 2006. The final net subsidy rate for the reviewed company is listed below in the section entitled ``Final Results of Review.''

From September 7, 2005, through November 10, 2005, the Department of Commerce issued notices of antidumping and countervailing duty decisions in which the title of the official signing the notice was incorrect. This document corrects the title of the officials that signed notices during that period.

On April 6, 2006, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2004, through December 31, 2004. See Certain Pasta From Italy: Preliminary Results of the Ninth Countervailing Duty Administrative Review and Notice of Intent to Revoke Order, In Part, 71 FR 17440 (April 6, 2006) (``Preliminary Results''). We preliminarily found that the countervailing duty rates during the period of review (``POR'') for all of the producers/exporters under review are less than 0.5 percent and are, consequently, zero or de minimis. We did not receive any comments on our preliminary results, and we have made no revisions. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on oil country tubular goods (OCTG) from Japan in response to a request by United States Steel Corporation, one of the petitioners in the original investigation (Petitioner). Petitioner requested administrative reviews of JFE Steel Corporation (JFE), Nippon Steel Corporation (Nippon), NKK Tubes (NKK) and Sumitomo Metal Industries, Ltd. (SMI). This review covers sales of subject merchandise to the United States during the period of August 1, 2004 through July 31, 2005. We preliminarily determine that JFE and NKK had no shipments of subject merchandise to the United States during the period of review (POR), and that Nippon and SMI had no reviewable sales of subject merchandise during the POR. Accordingly, we preliminarily determine that the review of these four companies should be rescinded in accordance with 19 CFR 351.213(d)(3). Interested parties are invited to comment on these preliminary results. See the ``Intent to Rescind the Administrative Review'' section of this notice.

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 (``PRC''). 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 Order''). 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) (``Final Determination''), as amended, 70 FR 329 (January 4, 2005) (``Amended Final Determination''). Because the litigation in this matter is concluded, the Department is issuing an amended final determination in accordance with the CIT's decision.

The Department of Commerce (``the Department'') proposes to establish procedures for importation of supplies for use in emergency relief work free of antidumping or countervailing duties, as authorized under section 318(a) of the Tariff Act of 1930, as amended (``the Act'') (19 U.S.C. 1318(a)). Such supplies would be for use in emergency relief work related to an emergency declared by the President.

In response to requests from respondent ThyssenKrupp Mexinox S.A. de C.V. (Mexinox S.A.) and Mexinox USA, Inc. (Mexinox USA) (collectively, Mexinox) and petitioners,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (S4 in coils) from Mexico. This administrative review covers imports of subject merchandise from Mexinox S.A. during the period July 1, 2004, to June 30, 2005.

The U.S. Travel and Tourism Advisory Board (Board) will hold a meeting to discuss topics related to the travel and tourism industry. The Board was established on October 1, 2003, and reconstituted October 1, 2005, to advise the Secretary of Commerce on matters relating to the travel and tourism industry.

On December 16, 2005, the Department published the Preliminary Results of the third administrative review of the antidumping duty order on honey from the People's Republic of China (PRC). Honey from the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 70 FR 74764 (December 16, 2005) (Preliminary Results). This review covers eight exporters or producer/exporters: (1) Anhui Honghui Honghui Foodstuff (Group) Co., Ltd. (Anhui Honghui); (2) Jiangsu Kanghong Natural Healthfoods Co., Ltd. (Jiangsu Kanghong); (3) Jinfu Trading Co., Ltd. (Jinfu); (4) Shanghai Eswell Enterprise Co., Ltd. (Eswell); (5) Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. (Zhejiang); (6) Chengdu Waiyuan Bee Products Co., Ltd. (Chengdu Waiyuan); (7) Eurasia Bee's Products Co., Ltd. (Eurasia); and (8) Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd. (Dubao). The period of review (POR) is December 1, 2003, through November 30, 2004. We have made changes to certain surrogate values based on our analysis of the record, including factual information obtained since the Preliminary Results. Therefore, the final results differ from the Preliminary Results. See ``Final Results of Review'' section below.

In response to a request by Studmark S.A. (Studmark), the Department of Commerce (the Department) is conducting a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Ecuador for the period of review (POR) August 4, 2004, through July 31, 2005. We preliminarily determine that, during the POR, Studmark sold the subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. If the preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries.

Notice is hereby given that the Department of Commerce has determined that the Government of Bolivia has discontinued allowing substantially reciprocal tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to aircraft of Bolivian registry by the United States. The Department reached this determination after a review conducted pursuant to Section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221). The above-cited statute provides exceptions for aircraft of foreign registry from payment of certain internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. If a foreign country discontinues the allowance of such substantially reciprocal exemption, the exemption allowed by the United States will not apply after the Secretary of the Treasury is notified by the Secretary of Commerce, or his designee, of the discontinuance. Interested parties were invited in a Federal Register Notice dated June 30, 2005, to submit their views, comments and supporting documentation in writing concerning this matter to the U.S. Department of Commerce. The Department then conducted its review. Those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1104, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482-5071.

On May 16, 2006, the Court of International Trade (CIT) sustained the Department of Commerce's (Department's) redetermination regarding the 2002-2003 antidumping duty administrative review of certain welded carbon steel pipes and tubes (pipes and tubes) from Thailand. Pursuant to the Court's remand order, in its redetermination the Department deducted section 201 duties from export price in accordance with 19 U.S.C. Sec. 1677a(c)(2)(A). 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 2002-2003 antidumping duty administrative review of pipes and tubes from Thailand.

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain softwood lumber products from Canada for the period April 1, 2004, through March 31, 2005. If the final results remain the same as these preliminary results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties as detailed in the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results. (See ``Public Comment'' section of this notice.)

On February 1, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on fresh garlic (``garlic'') from the People's Republic of China (``PRC'') 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 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 be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

The Department of Commerce is conducting an administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. The period of review is May 1, 2004, through April 30, 2005. This review covers imports of certain polyester staple fiber from one producer/exporter. We have preliminarily found that sales of the subject merchandise have been made below normal value. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to assess antidumping duties. Interested parties are invited to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice.

On July 1, 2005, the Department of Commerce (``the Department'') initiated the second sunset review of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (``Suspension Agreement'') 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 38101 (July 1, 2005) (``Sunset Initiation''). On January 17, 2006, the Department determined that it would conduct a full sunset review of the Suspension Agreement. As a result of this review, the Department finds that revocation of the Suspension Agreement on uranium from the Russian Federation (``Russia'') would likely lead to continuation or recurrence of dumping at the levels indicated in the Final Results of Review section of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') published in the Federal Register the notice of initiation of the second five-year sunset review of the countervailing duty order on certain cut-to-length carbon steel plate (``CTL Plate'') from Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005)(``Second Sunset Review''). 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 (in this case, no response), the Department has conducted an expedited sunset review of this 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 countervailing duty order is likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on certain cut-to-length carbon steel plate from Mexico pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005). On the basis of notices of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department is conducting an expedited sunset review pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.

In response to a request from the National Candle Association (``NCA'' or ``Petitioners''), the Department of Commerce (``the Department'') initiated an anticircumvention inquiry pursuant to section 781(d) of the Tariff Act of 1930, as amended (``the Act''), to determine whether candles composed of petroleum wax and over fifty percent or more palm and/or other vegetable oil-based waxes (``mixed- wax candles'') can be considered subject to the antidumping duty order on petroleum wax candles from the People's Republic of China (``PRC'') under the later-developed merchandise provision. See Notice of Initiation Anticircumvention Inquiries of Antidumping Duty Order: Petroleum Wax Candles from the People's Republic of China, 70 FR 10962 (March 7, 2005) (``Initiation Notice''). We gave interested parties an opportunity to comment on the Initiation Notice, on the commercial availability of mixed-wax candles at the time of the less-than-fair-value (``LTFV'') investigation, and on whether mixed-wax candles otherwise should be subject to the antidumping duty order on petroleum wax candles from the PRC under the later-developed merchandise provision. See Notice of Antidumping Duty Order: Petroleum Wax Candles from the People's Republic of China, 51 FR 30686 (August 28, 1986) (``Order'').