International Trade Administration February 2007 – Federal Register Recent Federal Regulation Documents

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

On February 21, 2007, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Central America Poultry Export Quota, Inc. (``CA-PEQ'').

The Department of Commerce (``the Department'') is conducting a new shipper review of the countervailing duty (``CVD'') order on certain welded carbon steel standard pipe from Turkey for the period January 1, 2005, through December 31, 2005. We preliminarily find that the net subsidy rate for the company under review is de minimis. See the ``Preliminary Results of Review'' section of this notice, infra. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section, infra.

Pursuant to the Decision of the Binational Panel dated January 5, 2007, respecting the motions to dismiss the final affirmative antidumping determination filed by the United States Department of Commerce and the Government of Canada, this proceeding was completed on February 16, 2007.

On January 9, 2007, the United States Court of International Trade (``CIT'') sustained the final remand redetermination made by the Department of Commerce (``the Department'') pursuant to the CIT's remand of the final results of the eleventh administrative review of the antidumping duty orders on heavy forged hand tools from the People's Republic of China. See Shandong Huarong Machinery Co. v. United States and Ames True Temper, Slip Op. 2007-3 (CIT, 2007) (``Shandong Huarong II''). This case arises out of the Department's final results in the administrative review covering the period February 1, 2001, through January 31, 2002. See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review of the Order on Bars and Wedges, 68 FR 53347 (September 10, 2003) (``Final Results''). 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 Shandong Huarong II is not in harmony with the Department's Final Results.

On August 1, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on certain hot-rolled carbon steel flat products from the Netherlands (see Initiation of Five-year (``Sunset'') Reviews, 71 FR 43443 (August 1, 2006)). On the basis of the notice of intent to participate, adequate substantive responses and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act'') and section 351.218(e)(2)(i) of the Department's regulations. As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Review.''

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 35068(2)(A)).

The Department of Commerce (``the Department'') is currently conducting the 2005-2006 administrative and new shipper reviews of the antidumping duty order on brake rotors from the People's Republic of China (``PRC''). We preliminarily determine that sales have been made below normal value (``NV'') with respect to certain exporters who participated fully and are entitled to a separate rate in the administrative or new shipper review. If these preliminary results are adopted in our final results of these reviews, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'') for which the importer-specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the date of publication of this notice.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping (``AD'') orders on certain corrosion-resistant carbon steel flat products (``CORE'') from Germany and Korea would likely lead to continuation or recurrence of dumping; that revocation of the countervailing duty (``CVD'') order on CORE from Korea would likely lead to continuation or recurrence of a countervailable subsidy; and that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of continuation of these AD and CVD orders.

On August 8, 2006, the Department of Commerce (``the Department'') published the preliminary results and partial rescission of the ninth administrative review for the antidumping duty order on certain pasta from Italy. The review covers two manufacturers/ exporters: (1) Atar, S.r.L. (``Atar'') and, (2) Corticella Molini e Pastifici S.p.A. and its affiliate Pasta Combattenti S.p.A. (collectively, ``Corticella/Combattenti''). The period of review (``POR'') is July 1, 2004, through June 30, 2005. Further, requests for review of the antidumping duty order for the following companies were withdrawn: Barilla G.e.R. Fratelli, S.p.A./Barilla Alimentare, S.p.A. (``Barilla''), Moline e Pastificio Tomasello S.r.L. (``Tomasello''), and Pastificio Laporta S.a.s. (``Laporta''). We are rescinding the review with respect to Italpasta/Pasta Berruto S.p.A. (``Italpasta'')\1\ because Italpasta submitted a letter stating that it had no shipments of subject merchandise during the POR. See 19 CFR 351.213(d)(3). Finally, we are rescinding the review with respect to Pastificio Antonio Pallante S.r.L./Industrie Alimentari Molisane, S.r.L./Vitelli Foods, LLC (``Pallante'') because, since the initiation of the current review, the Department has revoked the order in part, with respect to Pallante, effective July 1, 2004.

On August 8, 2006, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain individually quick frozen red raspberries from Chile. The review covers seven producers/exporters of subject merchandise. We gave interested parties an opportunity to comment on the preliminary results. We have noted the changes made since the preliminary results below in the ``Changes Since the Preliminary Results'' section. The final results are listed below in the ``Final Results of Review'' section.

In response to requests from Mueller Comercial de Mexico, S. de R.L. de C.V (``Mueller''), a Mexican manufacturer 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 Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 77720 (December 27, 2006). This administrative review covered the period November 1, 2005, through October 31, 2006. We are now rescinding this review due to requests by parties to withdraw from the review.

As a result of the determinations by the International Trade Commission (the Commission) that revocation of the countervailing duty (CVD) orders on certain steel products from Belgium, Brazil, Mexico, Spain, and Sweden \1\; the antidumping duty (AD) 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 (AD) finding on carbon steel plate from Taiwan, would not be likely to lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseable time, the Department of Commerce (the Department) is publishing this notice of revocation of these CVD and AD orders and AD finding pursuant to Section 751(d)(2) of the Tariff Act of 1930 as amended (the Act).

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). The period of review (``POR'') for this administrative review is June 24, 2004, through December 31, 2005. This administrative review covers multiple producers/exporters of the subject merchandise, five of which are being individually investigated as mandatory respondents. The Department is also conducting new shipper reviews for two exporters/producers. The POR for the new shipper reviews is also June 24, 2004, through December 31, 2005. We preliminarily determine that all five mandatory respondents in the administrative review made sales in the United States at prices below normal value. With respect to the remaining respondents in the administrative review (herein after collectively referred to as the Separate Rate Applicants), we preliminarily determine that 39 entities have provided sufficient evidence that they are separate from the state-controlled entity, and we have established a weighted-average margin based on the rates we have calculated for the five mandatory respondents, excluding any rates that are zero, de minimis, or based entirely on adverse facts available to be applied to theses separate rate entities. In addition, we have determined to rescind the review with respect to 17 entities in this administrative review. See Partial Rescission section below. Further, we preliminarily determine that the remaining separate rate applicants have not demonstrated that they are entitled to a separate rate, and will thus be considered part of the PRC entity. Finally, we preliminarily determine that the two new shippers made sales in the United States at prices below normal value. 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 entries of subject merchandise during the POR for which the importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We intend to issue the final results of this review no later than 120 days from the date of publication of this notice.

The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between October 1, 2006, and December 31, 2006. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of December 31, 2006. We intend to publish future lists after the close of the next calendar quarter.

On October 2, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on pure magnesium in granular form 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.

On October 2, 2006, 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 pasta (``pasta'') from Italy, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (``Sunset'') Reviews, 71 FR 57921 (October 2, 2006) (``Second Sunset Review''). The Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 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 levels indicated in the ``Final Results of Review'' section of this notice.

On October 2, 2006, the Department of Commerce (``the Department'') initiated five-year (``sunset'') reviews of the antidumping duty orders on certain pasta (``pasta'') from Italy and Turkey (71 FR 57921) pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of notices of intent to participate and substantive comments filed on behalf of the domestic interested parties, and an untimely response from a respondent interested party in the sunset review of Turkey, the Department conducted expedited (120-day) sunset reviews of these antidumping duty orders. As a result of these reviews, the Department finds that revocation of the antidumping duty orders on pasta from Italy and Turkey would be likely to lead to continuation or recurrence of dumping at the levels indicated in the Final Results of Review section of this notice.

On December 28, 2006, the Department of Commerce (``the Department'') received a request from QHD Sanhai Honey Co., Ltd. (``QHD Sanhai'') to conduct a new shipper review of the antidumping duty order on honey from the People's Republic of China (``PRC''). We have determined that this request meets the statutory and regulatory requirements for the initiation of a new shipper review.

The International Trade Administration of the United States Department of Commerce is organizing a Clean Energy Technologies Trade Mission to India and China, April 18-25, 2007, to be led by Assistant Secretary of Commerce for Market Access and Compliance, David Bohigian. The trade mission will target a broad range of clean energy technologies such as renewable energy, energy efficiency, clean coal, and distributed generation. This mission takes place within the context of the Asia-Pacific Partnership on Clean Development and Climate, a public-private partnership in which member countries work together to facilitate commercial deployment of technologies that reduce greenhouse gas emissions and enhance energy security. The goal of the mission is to match participating U.S. companies with prescreened partner agents, distributors, representatives, licensees or retailers in each of these important sectors. The mission will include meetings with national and local government officials, networking opportunities, one-on-one business meetings, country briefings by experts, and site visits.

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year (``Sunset Review'') of the antidumping and countervailing duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers this same order.