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

The Department of Commerce (Department) has determined the allocation for Calendar Year 2007 of imports of certain cotton shirting fabrics under tariff rate quotas established by Section 406(b)(1) of the Tax Relief and Health Care Act of 2006 (Public Law No. 109-432). The reduction in duty is applicable to fabric entered or withdrawn from warehouse for consumption under a license during calendar year 2007. Claims for reduction in duty can be made retroactively to U.S. Customs and Border Protection for qualifying fabrics under the license as long as the fabrics were entered or withdrawn from warehouse during calendar year 2007. The companies that are being provided an allocation are listed below.

On April 30, 2007, the Department of Commerce (``the Department'') published the Preliminary Results of the new shipper reviews of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''), covering the period November 1, 2005, through April 30, 2006. See Fresh Garlic from the People's Republic of China: Preliminary Results of New Shipper Reviews, 72 FR 21219 (April 30, 2007) (``Preliminary Results''). The period of review (``POR'') is November 1, 2005, through April 30, 2006. \1\ Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for these reviews are listed in the ``Final Results of the Reviews'' section below.

On August 31, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement the Department's findings under section 129 of the Uruguay Round Agreements Act (URAA) regarding the offsetting of dumped sales with non-dumped sales in the above-referenced investigation involving average-to- average transactions. The Department issued its finding on August 20, 2007, for stainless steel sheet and strip in coils from Italy (Italy SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp AST USA, Inc. (collectively ``TKAST'').\1\ The Department hereby implements that finding.

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. The Department also received requests to revoke one antidumping duty order and one countervailing duty order in part.

The U.S. Department of Commerce (``the Department'') is conducting a semiannual new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC'') in response to a request from Longkou Qizheng Auto Parts Co., Ltd. (``Qizheng''). The period of review (``POR'') is April 1 through October 31, 2006. We have preliminarily determined that Qizheng's sale is a bona fide transaction. In addition, we have preliminarily determined that Qizheng made its sale during the POR above normal value. 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 the appropriate entry of subject merchandise during the POR if the assessment rate is above de minimis. Interested parties are invited to comment on these preliminary results.

The United States Department of Commerce is organizing a Clean Energy Trade Mission to China and India, January 8-17, 2008. The trade mission will target a broad range of clean energy technologies such as renewable energy, biofuels, energy efficiency, clean coal, and distributed generation, and be led by Assistant Secretary of Commerce David Bohigian. ITA seeks to match participating U.S. companies with prescreened partners, agents, distributors, representatives, licensees or retailers in each of these important sectors. In addition to one-on-one business meetings, the agenda will also include meetings with national and local government officials, networking opportunities, country briefings, and site visits. This mission builds on the first U.S. Clean Energy Technologies Trade Mission, which took place in April 2007 and brought 17 U.S. companies to China and India. The trade mission takes place within the context of both the President's new international framework on climate change, energy security, and economic growth involving the 15 major economies (the Global-15), as well as the Asia-Pacific Partnership on Clean Development and Climate (APP). On May 31, 2007, President Bush announced an effort to develop and implement the Global-15 framework by 2012, which would complement the current United Nations Framework Convention on Climate Change and advance the APP. The APP is 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.

In response to a request from Nucor Corporation, a domestic interested party (``Nucor''), the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain hot-rolled, flat-rolled carbon quality steel products (``hot rolled steel'') from Brazil. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 20986 (April 27, 2007). This administrative review covered the period March 1, 2006, through February 28, 2007. We are now rescinding this review due to a request by Nucor to rescind the review.

The Department of Commerce (``the Department'') has suspended the antidumping duty investigation involving lemon juice from Mexico. The basis for this action is an agreement between the Department and The Coca-Cola Company and The Coca-Cola Export Corporation, Mexico Branch (collectively ``Coca-Cola'') to revise their prices to eliminate completely sales of this merchandise to the United States at less than fair value.

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (``Order''). We preliminarily find that QVD Food Company Ltd. (``QVD'') sold subject merchandise at less than normal value (``NV'') during the period of review (``POR''), August 1, 2005, through July 31, 2006. We also preliminarily determine that East Sea Seafoods Joint Venture Co., Ltd. (``East Sea'') has not made sales in the United States at prices below normal value. We continue to find that certain frozen fish fillets produced during the expanded POR \1\ by Lian Heng Investment Co., Ltd. and Lian Heng Trading Co., Ltd. (collectively ``Lian Heng'') were made from Vietnamese-origin fish and therefore, are covered by this review. In addition, we are preliminarily rescinding the review for nine companies \2\ which reported having no shipments of subject merchandise to the United States during the POR. We are also preliminarily rescinding the review for an affiliate of QVD, QVD Dong Thap Food Co., Ltd. (``QVD Dong Thap''), because QVD reported that QVD Dong Thap did not ship any subject merchandise to the United States during the POR.\3\ Finally, we continue to apply an adverse facts available rate of 80.88 percent to Can Tho Agricultural and Animal Products Import Export Company (``CATACO'') because it failed to respond to the Department's two quantity and value questionnaires. 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 preliminarily determine that imports of glycine from Japan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733 of the Tariff Act of 1930, as amended. Interested parties are invited to comment on this preliminary determination. We will make our final determination within 75 days after the date of this preliminary determination.

On June 28, 2007, the United States Court of International Trade (``Court'') entered a final judgment in Xinyi Automotive Glass v. United States sustaining the third remand results made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the final determination with respect to Certain Automotive Replacement Glass Windshields from the People's Republic of China (``PRC'') in Slip Op. 06-21 (CIT February 15, 2006). See Xinyi Automotive Glass v. United States, Ct. No. 02-00321, Judgment (Ct. Int'l Trade June 28, 2007) (``Xinyi''). This case arises out of the Department's Antidumping Duty Order on Certain Automotive Replacement Glass Windshields from the People's Republic of China, 67 FR 16087 (April 4, 2002) (``Order''). The final judgment in this case was not in harmony with the Department's Final Determination of Sales at Less Than Fair Value: Certain Automotive Replacement Glass Windshields From the People's Republic of China, 67 FR 6482 (February 12, 2002) (``Final Determination''), and accompanying Issues and Decisions Memorandum (``Decision Memo''), as amended at 67 FR 11670 (March 15, 2002), covering the period of investigation (``POI''), July 1, 2000 through December 31, 2000.

On March 9, 2007, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Ecuador. This review covers 23 producers/exporters of the subject merchandise to the United States. The period of review (POR) is August 4, 2004, through January 31, 2006. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

On March 9, 2007, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Thailand. This review covers 24 producers/exporters of the subject merchandise to the United States. The period of review (POR) is August 4, 2004, through January 31, 2006. We are rescinding the review with respect to five companies because these companies had no reportable shipments of subject merchandise during the POR. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

On March 9, 2007, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. This review covers 70 producers/exporters of the subject merchandise to the United States. The period of review (POR) is August 4, 2004, through January 31, 2006. We are rescinding the review with respect to four companies because these companies had no reportable shipments of subject merchandise during the POR. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (the ``Department'') received timely requests to conduct new shipper reviews of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). In accordance with 19 CFR 351.214(d)(1), we are initiating new shipper reviews for Dongguan Bon Ten Furniture Co., Ltd. (``Bon Ten'') and Dongguan Mu Si Furniture Co., Ltd. (``Mu Si'').

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on helical spring lock washers (``HSLWs'') from the People's Republic of China (``PRC'') covering the period October 1, 2005, through September 30, 2006. We have preliminarily determined that sales have not been made below normal value (``NV'') by Hangzhou Spring Washer Co., Ltd. (``HSW'') (also known as Zhejiang Wanxin Group Co., Ltd.). 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''). Interested parties are invited to comment on these preliminary results. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``Act'').

On March 9, 2007, the Department of Commerce (``the Department'') published the preliminary results of its administrative and new shipper reviews of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC''). See Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results and Partial Rescission of the 2004/2006 Administrative Review and Preliminary Intent To Rescind 2004/2006 New Shipper Review, 72 FR 10645 (March 9, 2007) (Preliminary Results). Based on our analysis of the record, including information obtained since the preliminary results, we have made changes to the margin calculations for Yelin Enterprise Co. Hong Kong, and its affiliates. See Final Results of Review section, below.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting the an 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 August 1, 2005, through July 31, 2006. We have preliminarily determined that Since Hardware (Guangzhou) Co., Ltd. (``Since Hardware''), the sole company subject to this review, has not 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 filing comments are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument(s).

On March 8, 2007, the Department published the preliminary results of the 2005-2006 administrative reviews of the antidumping duty orders on heavy forged hand tools, finished or unfinished, with or without handles, from the People's Republic of China (PRC). See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China: Preliminary Results and Partial Rescission of the 2005-2006 Administrative Reviews, 72 FR 10492 (March 8, 2007) (Preliminary Results). This review covers four classes or kinds: (1) Axes/Adzes; (2) Bars/Wedges; (3) Hammers/Sledges; and (4) Picks/Mattocks. This review covers nine exporters or producer/ exporters: (1) Iron Bull Industrial Co., Ltd. (Iron Bull); (2) Jafsam Metal Products (Jafsam); (3) Shanghai Machinery Import & Export Corp. (Shanghai Machinery); (4) Shanghai Xinike Trading Company (Xinike); (5) Shandong Huarong Machinery Co., Ltd. (Huarong); (6) Shandong Jinma Industrial Group Co., Ltd. (Jinma); (7) Shandong Machinery Import and Export Corporation (SMC); (8) Tianjin Machinery Import and Export Corporation (TMC); and (9) Truper Herramientas S.A. de C.V. (Truper). The period of review (POR) is February 1, 2005, through January 31, 2006. Based on our analysis of the record, including factual information obtained since the Preliminary Results, we have reversed the decision to rescind the administrative review of the antidumping duty order on the class or kind Axes/Adzes covering SMC and have applied adverse facts available (AFA). Therefore, the final results differ from the Preliminary Results. See ``Final Results of Review'' section below.