International Trade Administration February 2009 – Federal Register Recent Federal Regulation Documents
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Certain Steel Threaded Rod from the People's Republic of China: Final Determination of Sales at Less Than Fair Value
The Department of Commerce (``Department'') has determined that certain steel threaded rod (``STR'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV'') as provided in section 735 of the Tariff Act of 1930, as amended (``Act''). The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.
Certain Carbon Steel Butt-Weld Pipe Fittings From Thailand: Final Results of Changed-Circumstances Antidumping Duty Review
The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Awaji Materia (Thailand) Co., Ltd. is the successor-in- interest to Awaji Sangyo (Thailand) Co., Ltd. (AST) and, as a result, should be accorded the same treatment previously accorded to AST with respect to the antidumping duty order on certain carbon steel butt-weld pipe fittings from Thailand.
Export Trade Certificate of Review
On February 18, 2009, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Golden Tree Trading Company (``GTTC''). This notice summarizes the conduct for which certification has been granted.
Initiation of Antidumping Duty Administrative Review
The Department of Commerce (the Department) has received requests to conduct an administrative review of one antidumping duty order with a January anniversary date, the antidumping duty order on wooden bedroom furniture from the People's Republic of China (PRC). The Department received no other requests to conduct administrative reviews of antidumping or countervailing duty orders or findings with a January anniversary date. In accordance with the Department's regulations, we are initiating this administrative review.
Antidumping Duty Order: Small Diameter Graphite Electrodes from the People's Republic of China
Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on small diameter graphite electrodes from the People's Republic of China (``PRC'').
Wooden Bedroom Furniture from the People's Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part
On January 9, 2009, the Department of Commerce (the ``Department'') published a notice of initiation and preliminary results of antidumping duty (``AD'') changed circumstances review with intent to revoke, in part, the AD order on wooden bedroom furniture from the People's Republic of China (``PRC''). See Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 74 FR 886 (January 9, 2009) (``Initiation and Preliminary Results''). We are now revoking this order in part, with regard to the following product: toy boxes, as described in the relevant footnote (footnote 15 in this document) of the ``Scope of the Order'' section of this notice, based on the fact that domestic parties have expressed no further interest in the relief provided by the order with respect to the imports of these toy boxes, as so described. In its November 25, 2008, submission, the American Furniture Manufacturers Committee for Legal Trade and its individual members (the ``AFMC'' or ``petitioners'') stated that they no longer have any interest in seeking antidumping relief from imports of such toy boxes as defined in the ``Scope of the Order'' section below.
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Rescission of Antidumping Duty New Shipper Review
In response to a request from A-JU Besteel Co., Ltd. (``Ajubesteel''), the Department of Commerce (``the Department'') initiated a new shipper review of the antidumping duty order on circular welded non-alloy steel pipe from the Republic of Korea covering the period November 1, 2007, through October 31, 2008. On January 13, 2009, Ajubesteel withdrew its request; therefore, we are rescinding this new shipper review.
Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order
Based on affirmative final determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC''). On February 11, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Uncovered Innerspring Units from China (Investigation No. 731- TA-1140 (Final), USITC Publication 4061, February 2009).
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission of Antidumping Duty Changed Circumstances Review
On August 21, 2007, in response to a request from an interested party, the Department of Commerce (``Department'') initiated a changed circumstances review of the antidumping duty order on certain frozen fish fillets from Socialist Republic of Vietnam (``Vietnam''). See Certain Frozen Fish Fillets from Vietnam: Notice of Initiation and Preliminary Results of Changed Circumstances Review, 72 FR 46604 (August 21, 2007) (``Initiation and Preliminary Results''). We are rescinding the changed circumstances review because we have initiated an administrative review covering the firms in question and intend to address any considerations arising from the changed circumstances review within the context of the 2007/2008 administrative review of this order.
Silicon Metal from the People's Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (``Department'') is extending the time limit for the preliminary results of the administrative review of silicon metal from the People's Republic of China (``PRC''). This review covers the period June 1, 2007, through May 31, 2008.
Gray Portland Cement and Clinker from Mexico: Initiation of Changed-Circumstances Review, Preliminary Results of Review, Intent to Revoke Antidumping Duty Order, and Intent to Terminate Five-year (Sunset) Review of Antidumping Duty Order
The Department of Commerce (the Department) is initiating a changed-circumstances review of the antidumping duty order on gray portland cement and clinker from Mexico. As a result of its preliminary analysis, the Department intends to revoke the order and to terminate the five-year (sunset) review of the order. Interested parties are invited to comment on the preliminary results, the intent to revoke the order, and the intent to terminate the five-year (sunset) review of the antidumping duty order.
Dynamic Random Access Memory Semiconductors from the Republic of Korea: Final Results of Countervailing Duty Administrative Review
On August 13, 2008, the Department of Commerce published in the Federal Register its preliminary results of administrative review of the countervailing duty order on dynamic random access memory semiconductors from the Republic of Korea for the period January 1, 2006, through December 31, 2006. Following the preliminary results, we provided interested parties with an opportunity to comment on the preliminary results. Our analysis of the comments submitted and information received after the preliminary results did not lead to any changes in the net subsidy rate. Therefore, the final results do not differ from the preliminary results. The final net subsidy rate for Hynix Semiconductor Inc. is listed below in the section entitled ``Final Results of Review.''
Carbon Steel Butt-Weld Pipe Fittings from Thailand: Rescission of Antidumping Duty Administrative Review
On August 26, 2008, in response to a request from Thai Benkan Co., Ltd. (TBC), the Department of Commerce (the Department) published a notice of initiation of the administrative review of the antidumping duty order on certain carbon steel butt-weld pipe fittings from Thailand for the period of July 1, 2007, through June 30, 2008. Because the sole request for review has been withdrawn, we are rescinding this review.
Polyethylene Retail Carrier Bags from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
On September 9, 2008, the Department of Commerce published the preliminary results of the 2006/2007 administrative review of the antidumping duty order on polyethylene retail carrier bags from the People's Republic of China. The review covers two exporters. The period of review is August 1, 2006, through July 31, 2007. We invited interested parties to comment on these preliminary results. Based on our analysis of the comments received, we have made changes to our 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 the Review.''
Freshwater Crawfish Tail Meat From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission of Review in Part
On October 6, 2008, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China. The review covers one exporter. The period of review is September 1, 2006, through August 31, 2007. Based on our analysis of the comments received, we have made no changes to our margin calculations. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''
Certain Lined Paper Products From India: Final Results of Countervailing Duty Administrative Review
On October 6, 2008, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty (``CVD'') order on certain lined paper products (``lined paper'') from India for the period of review (``POR'') February 15, 2006, through December 31, 2006.\1\ See Certain Lined Paper Products from India: Notice of Preliminary Results of Countervailing Duty Administrative Review, 73 FR 58121 (October 6, 2008) (``Preliminary Results''). We found that respondent, Navneet Publication India Limited (``Navneet'') received countervailable subsidies during the POR. We received comments on our preliminary results from petitioners \2\ and rebuttal comments from respondent. The final results are listed in the section ``Final Results of Review'' below.
Diamond Sawblades and Parts Thereof from the People's Republic of China and the Republic of Korea: Notice of Court Decision Not In Harmony With Final Determination of the Antidumping Duty Investigations
On January 13, 2009, the United States Court of International Trade (``CIT'') affirmed the International Trade Commission's (``ITC'') amended determination upon remand that an industry in the United States is threatened with material injury by reason of imports of diamond sawblades and parts thereof (``diamond sawblades'') from the People's of China (``PRC'') and the Republic of Korea (``Korea''). Diamond Sawblades Mfrs. Coalition v. United States, No. 06-00247, Slip Op. 09- 05 (CIT January 13, 2009) (``DSMC''). The case arises out of the ITC's final determination in the antidumping duty investigations. See {Investigations Nos. 731-TA-1092 and 1093 (Final){time} Diamond Sawblades and Parts Thereof From China and Korea, 71 FR 39128 (July 11, 2006) (``Final Determination''). The judgment in this case was not in harmony with the ITC's Final Determination. If the CIT's opinion in this case is not appealed, or is affirmed on appeal, then antidumping duty orders on diamond sawblades from the PRC and Korea will be issued. In accordance 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, 341 (Fed. Cir. 1990) (``Timken''), the Department will order the suspension of liquidation of the subject merchandise.
Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative and New Shipper Reviews and Partial Rescission of Review
In response to requests from interested parties, the Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). The period of review (``POR'') is January 1, 2007 through December 31, 2007. This administrative review covers multiple exporters of the subject merchandise, two of which are being individually reviewed as mandatory respondents. The Department is also conducting two new shipper reviews for exporters/producers. The POR for the new shipper reviews is also January 1, 2007, through December 31, 2007. We preliminarily determine that the 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, we preliminarily determine that 16 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 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.\1\ Further, we preliminarily determine that the remaining six respondents in the administrative review have not demonstrated that they are entitled to a separate rate, and thus are considered part of the PRC entity. Finally, we preliminarily determine that the new shippers have not made sales in the United States at less than NV. 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.
Stainless Steel Sheet and Strip in Coils from Mexico; Final Results of Antidumping Duty Administrative Review
On August 6, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Mexico. See Stainless Steel Sheet and Strip in Coils From Mexico; Preliminary Results of Antidumping Duty Administrative Review, 73 FR 45708 (August 6, 2008) (Preliminary Results). This review covers sales of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V. (Mexinox) for the period July 1, 2006, to June 30, 2007. Based on our analysis of the comments received, we have made changes to the margin calculation; therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of Review.''
Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review
In response to a request by domestic interested party, Allied Tube and Conduit Corporation (``Allied Tube''), the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (``welded pipe and tube'') from Turkey. See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986) (``Antidumping Duty Order''). This review covers the Borusan Group\1\ (``Borusan'') and Toscelik Profil ve Sac Endustrisi A.S. (``Toscelik''), each a producer and exporter of the subject merchandise. We preliminarily determine that Borusan made sales below normal value (``NV''). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties based on the difference between the export price (``EP'') and the NV.
Certain Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review.
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 (POR) is May 1, 2007 through April 30, 2008. 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 (CBP) to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results. Parties who submit comments in this review are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. We will issue the final results not later than 120 days after the date of publication of this notice.
Export Trade Certificate of Review
The Secretary of Commerce issued an Export Trade Certificate of Review to C-Shore International on April 8, 1999. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to C-Shore International.
North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review.
On January 16, 2009, Evonik Degussa Corporation (formerly Degussa Corporation), filed a First Request for Panel Review with the Mexican Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel Review was requested of the Final resolution of the Countervailing Duty Administrative Review, regarding the importation of Hydrogen Peroxide originating from the United States of America, classified in Tariff item 2847.00.01 of the Mexican Tariff Schedule. This determination was published in the Diario Oficial de la Federaci[oacute]n, on December 18, 2008. The NAFTA Secretariat has assigned Case Number MEX-USA-2009-1904-01 to this request.
Certain Pasta from Italy: Final Results of the Eleventh (2006) Countervailing Duty Administrative Review
The U.S. Department of Commerce (``the Department'') has completed its administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2006 through December 31, 2006. We find that De Matteis Agroalimentare S.p.A. (``De Matteis''), Pastificio Lucio Garofalo S.p.A. (``Garofalo''), and F.lli De Cecco di Filippo Fara San Martino S.p.A. (``De Cecco'') received countervailable subsidies, and that Pastificio Felicetti SrL (``Felicetti'') did not receive any countervailable subsidies. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with December anniversary dates. In accordance with our regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty order in part.
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order
On July 1, 2008, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam''). On the basis of a notice of intent to participate, and an adequate substantive response filed on behalf of domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review. As a result of the 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.
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