International Trade Administration February 2008 – Federal Register Recent Federal Regulation Documents

On February 19, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Glokle, Inc. (``GINC''). This notice summarizes the conduct for which certification has been granted.

Notice is hereby given that, pursuant to sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), the Department of Commerce is undertaking to determine whether the governments of the countries listed herein allow or will allow substantially reciprocal customs duties and tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to or available to aircraft of those countries by the United States under the aforementioned statutes. The basis for this undertaking is the implementation of certain provisions of the Air Transport Agreement between the United States and the European Community and its Member States, signed in Washington, DC, on April 30, 2007. The Department of Commerce finding would be effective as of March 30, 2008. The above-cited statutes provide exemptions for aircraft of foreign registry from payment of certain customs duties and internal revenue taxes on supplies purchased, imported or stored 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. The Department of Commerce proposes that aircraft registered in the following countries be provided exemptions as allowed by sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221). Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom. Interested parties are invited to submit their views, comments and supporting documentation in writing, concerning this matter to Ms. Ana Guevara, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC 20230. Submissions should be sent electronically to OSImail@ita.doc.gov. All submissions should be received no later than thirty days from the date of publication of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection upon request. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that 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.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between October 1, 2007, and December 31, 2007. 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, 2007. We intend to publish future lists after the close of the next calendar quarter.

We preliminarily determine that certain new pneumatic off-the- road tires (``OTR tires'') 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 measures 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.

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 January 1, 2006, through December 31, 2006. This administrative review covers multiple producers/exporters of the subject merchandise, three of which are being individually investigated as mandatory respondents. The Department is also conducting a new shipper review for an exporter/ producer. The POR for the new shipper review is also January 1, 2006, through December 31, 2006. We preliminarily determine that all three mandatory respondents in the administrative review made sales in the United States at prices below normal value (``NV''). With respect to the remaining respondents in the administrative review (herein after collectively referred to as the Separate-Rate Applicants), we preliminarily determine that 30 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 three mandatory respondents, excluding any rates that are zero, de minimis, or based entirely on adverse facts available, to be applied to these separate rate entities. In addition, we have determined to rescind the review with respect to three 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 new shipper 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.

On August 6, 2007, the Department of Commerce (the Department) published in the Federal Register the preliminary results of administrative review of the countervailing duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from India for the period January 1, 2005 through December 31, 2005. See Polyethylene Terephthalate Film, Sheet, and Strip from India: Notice of Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review, 72 FR 43607 (August 6, 2007) (Preliminary Results). Based on the results of our verification and our analysis of the comments received, the Department has revised the subsidy rates for the respondents; Garware Polyester Ltd. (Garware) and MTZ Polyfilms, Ltd. (MTZ). The final subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''

On October 1, 2007, the Department of Commerce (``the Department'') published in the Federal Register the notice of initiation of the five-year sunset reviews of the antidumping duty orders on sulfanilic acid from Hungary and Portugal and the countervailing duty order on sulfanilic acid from Hungary, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Because the domestic interested party has withdrawn its participation and substantive responses in these sunset reviews, the Department is revoking these antidumping and countervailing duty orders.

On August 6, 2007, 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, 2005, through December 31, 2005. See Certain Pasta from Italy: Preliminary Results of the Tenth Countervailing Duty Administrative Review, 72 FR 43616 (August 6, 2007) (``Preliminary Results''). We preliminarily found that Pastificio Antonio Pallante S.r.L. (``Pallante'') and De Matteis Agroalimentare S.p.A. (``De Matteis'') received countervailable subsidies in this review, and Atar S.r.L. (``Atar'') did not receive any countervailable subsidies in this review and its rate is, consequently, zero. Based on our analysis of the comments received, we have revised the net subsidy rate for De Matteis. Therefore, the final results differ from the preliminary results. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''

On February 1, 2007, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty (``AD'') orders on stainless steel bar (``SSB'') from France, Germany, Italy, South Korea, and the United Kingdom; and the countervailing duty (``CVD'') order on SSB from Italy. See Initiation of Five-Year (``Sunset'') Reviews, 72 FR 4689 (February 1, 2007). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the International Trade Commission (``ITC'') determined that revocation of these orders would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Stainless Steel Bar From France, Germany, Italy, Korea, and The United Kingdom, 73 FR 5869 (January 31, 2008) (``ITC Final''). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD orders on SSB from France, Germany, Italy, South Korea, and the United Kingdom, and the CVD order on SSB from Italy.

On August 7, 2007, the Department of Commerce (Department) published in the Federal Register its preliminary results of the administrative review of the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from India. See Certain Polyethylene Terephthalate Film, Sheet and Strip From India: Preliminary Results of Antidumping Duty Administrative Review, 72 FR 44086 (August 7, 2007) (Preliminary Results). The review covers one respondent, MTZ Polyfilms, Ltd. (MTZ). Based on our analysis of comments received on the Preliminary Results, we have made changes to our calculations for MTZ. Therefore, the final results differ from the preliminary results of review. The final weighted-average dumping margin for MTZ is listed in the ``Final Results of the Review'' section below.

In response to a request from Nucor Corporation (Nucor), a domestic interested party, the Department of Commerce (the Department) is conducting an administrative review of the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (the Agreement) for the period January 1, 2006 through December 31, 2006, to review the current status of the Agreement and compliance with the Agreement by Joint Stock Company Severstal (Severstal). For the reasons stated in this notice, the Department preliminarily determines that Severstal is in compliance with the Agreement. The preliminary results are set forth in the section titled ``Preliminary Results of Review,'' infra. Interested parties are invited to comment on these preliminary results. Parties who submit comments are requested to provide: (1) a statement of the issues, and (2) a brief summary of the arguments.

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 review (``Sunset Review'') of the antidumping 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 the same orders.