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

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 August 31, 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 Maoming Changxing Foods Co., Ltd. (``MCFC''). The period of review (``POR'') for this new shipper review is February 1, 2006, through July 31, 2006.\1\

The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

On April 28, 2006, the Department of Commerce (the Department) published in the Federal Register (71 FR 25145) a notice announcing the initiation of the antidumping duty administrative review on certain tissue paper products (tissue paper) from the People's Republic of China (PRC). The period of review (POR) is September 21, 2004, through February 28, 2006. This review is now being rescinded for Fujian Naoshan Paper Industry Group Co., Ltd. (Naoshan), Fuzhou Magicpro Gifts Co., Ltd. (Magicpro), Guilin Qifeng Paper Co., Ltd. (Guilin Qifeng), Goldwing Co., Ltd. (Goldwing), and AR Printing and Packaging (AR P&P), because the only requesting party withdrew its request in a timely manner.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing antidumping duty orders on certain lined paper products (CLPP) from India, Indonesia and the People's Republic of China (PRC) and countervailing duty orders on CLPP from India and Indonesia. On September 21, 2006, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry and its negative determination of critical circumstances. See Certain Lined Paper School Supplies, USITC Pub. 3884, Inv. Nos. 701-TA-442-443 and 731-TA-1095-1097 (Final) (September 2006).

The Department of Commerce has received a request for a new shipper review of the antidumping duty order on stainless steel bar from India. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(d), we are initiating an antidumping new shipper review of Ambica Steels Limited.

On September 1, 2006, the United States Court of International Trade affirmed in part and struck in part the Department of Commerce's redetermination on remand of the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from France. See SKF USA Inc., SKF France S.A., and Sarma v. United States, Court No. 03-00490, slip op. 06-133 (CIT 2006). The Department is now issuing this notice of court decision not in harmony with the Department's determination.

On June 22, 2006, the Department of Commerce (the Department) published in the Federal Register the notice of intent to rescind the administrative review of the antidumping duty order on Oil Country Tubular Goods (OCTG) from Japan. This review covers four manufactures/ exporters: JFE Steel Corporation (JFE), Nippon Steel Corporation (Nippon), NKK Tubes (NKK) and Sumitomo Metal Industries, Ltd. (SMI). The period of review (POR) covers sales of subject merchandise to the United States during the period August 1, 2004 throughJuly 31, 2005. We provided interested parties with an opportunity to comment on the notice of intent to rescind this administrative review. However, we received no comments from interested parties. Consequently, no changes have been made to the preliminary results of the review.

In recent months, the International Trade Administration has completed a number of investigations into charges that the terms of administrative protective orders issued in connection with antidumping and countervailing duty proceedings have been violated. The results of these investigations are summarized below.

On August 14, 2006, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review of the antidumping duty order on welded large diameter line pipe (``LDLP'') from Japan with respect to excluding certain LDLP as described below from the order. See Initiation of Antidumping Duty Changed Circumstances Review: Certain Welded Large Diameter Line Pipe From Japan, 71 FR 46448 (August 14, 2006), (``Notice of Initiation''). In our Notice of Initiation, we invited parties to comment on the request to exclude certain LDLP (``product in question''), as described below. The Department received no comments. Absent any comments, the Department preliminarily concludes that producers accounting for substantially all of the production of the domestic like product to which this order pertains lack interest in the relief provided by this order with respect to the product in question. Therefore, the Department preliminarily concludes that it is appropriate to revoke this order, in part, with respect to all future entries for consumption of certain welded LDLP, as described below, which would become effective on the date of publication of the final results of this review.

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on tapered roller bearings and parts thereof from the People's Republic of China (``PRC'') and ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom would be likely to lead to continuation or recurrence of dumping and of material injury to an industry in the United States, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``Act''), within a reasonably foreseeable time, the Department hereby orders the continuation of these antidumping duty orders and is publishing notice of the continuation of these antidumping duty orders.

On April 7, 2006, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand in the Federal Register. See Circular Welded Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 17810 (April 7, 2006) (Preliminary Results). The review covers one producer of the subject merchandise. The period of review is March 1, 2004 through February 28, 2005. Based on our analysis of the comments received, we have made changes to the preliminary results, which are discussed in the ``Changes Since the Preliminary Results'' section below. For the final dumping margins, see the ``Final Results of Review'' section below.

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on polyethylene retail carrier bags (``PRCBs'') from the People's Republic of China (``PRC'') covering the period January 26, 2004, through July 31, 2005. We have preliminarily determined that sales have been made below normal value (``NV'') by Crown Polyethylene Products (International) Ltd. (``Crown''), High Den Enterprises Ltd. (``High Den''), and Dongguan Nozawa Plastic Products Co. Ltd. and United Power Packaging Ltd. (collectively, ``Nozawa'').\1\ If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the period of review (``POR'').

In response to requests from interested parties, the Department of Commerce (the Department) is conducting the first administrative review of the antidumping duty order on floor-standing, metal-top ironing tables and certain parts thereof from the People's Republic of China (PRC). The period of review (POR) is February 3, 2004, through July 31, 2005. We have preliminarily determined that two of the three respondents made sales to the United States of the subject merchandise at prices below normal value. We invite interested parties to comment on these preliminary results. Parties that submit comments are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument(s).

In response to requests from petitioners\1\, the Department of Commerce (the Department) is conducting the twelfth administrative review of the antidumping order on corrosion-resistant carbon steel flat products (CORE) from Korea. This review covers four manufacturers and exporters (collectively, the respondents) of the subject merchandise: Dongbu Steel Co., Ltd., (Dongbu); Hyundai HYSCO (HYSCO); Pohang Iron & Steel Company, Ltd. and Pohang Coated Steel Co., Ltd. (POCOS), (collectively, the POSCO Group); and Union Steel Manufacturing Co., Ltd. (Union). The period of review (POR) is August 1, 2004, through July 31, 2005. We preliminarily determine that during the POR, Dongbu, the POSCO Group, and Union made sales of subject merchandise at less than normal value (NV). However, we preliminarily determine that HYSCO did not make sales of subject merchandise at less than NV (i.e., sales were made at ``zero'' or de minimis dumping margins). 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 assess HYSCO's appropriate entries at an antidumping liability of zero percent of the entered value and instruct CBP to assess Dongbu, the POSCO Group, and Union at the rates referenced in the ``Preliminary Results of the Review'' section of this notice.

On August 3, 2006, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department's'') June 19, 2006, Final Results of Redetermination on Remand pursuant to Eurodif S.A., et. al. v. United States, Consol. Ct. No. 02-00219, Slip. Op. 06-75 (CIT May 18, 2006) (``LEU Remand Redetermination''), which pertains to the Antidumping Duty Order on Low Enriched Uranium (``LEU'') from France. 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 is notifying the public that this decision is ``not in harmony'' with the Department's original determination and 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 to liquidate all relevant entries from Eurodif S.A./ Compagnie Generale Des Matieres Nucleaires (collectively, ``Eurodif'' or ``respondents'').