International Trade Administration December 2009 – Federal Register Recent Federal Regulation Documents

The International Trade Administration is seeking comments on priorities for the Transatlantic Innovation Dialogue from any interested party, including industry, consumer, labor and environmental groups, trade associations, professional organizations/societies, academia, and Federal, state, and local governments. Comments will be used to identify and select projects for cooperation on innovation policy between the United States government and the European Commission.

On December 8, 2009, the Department of Commerce (``Department'') published the final calculation of the 2009 expected non-market economy (``NME'') wages. See 2009 Calculation of Expected Non-Market Economy Wages, 74 FR 65092 (December 9, 2009) (``Final 2009 Notice''). In the Final 2009 Notice, the Department stated that the final wage rate would be applied to all antidumping proceedings for which the Department's final decision is due after the publication of the notice. The Department hereby clarifies that it will apply this wage rate to final determinations subsequent to the publication of the Final 2009 Notice in antidumping proceedings for which the Department has not yet reached the preliminary results. The Final 2009 Notice remains in effect in all other respects.

The Department of Commerce (the Department) is currently conducting an administrative review of the antidumping duty order on carbazole violet pigment 23 (CVP 23) from the People's Republic of China (PRC). The period of review (POR) is December 1, 2007 through November 30, 2008. We have preliminarily determined that Trust Chem Co., Ltd. (Trust Chem) made sales of subject merchandise to the United States below normal value (NV). The preliminary results are listed below in the section entitled ``Preliminary Results of the Review.'' 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 against the entered value of each entry of the subject merchandise made during the POR, where applicable.

The Department of Commerce (``Department'') published its preliminary results of the administrative review of the antidumping duty order on folding metal tables and chairs (``FMTCs'') from the People's Republic of China (``PRC'') on July 7, 2009.\1\ The period of review (``POR'') is June 1, 2007, through May 31, 2008. We invited interested parties to comment on our 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 dumping margins for this review are listed in the ``Final Results of Review'' section below.

The Department of Commerce (``the Department'') is conducting a new shipper review (``NSR'') of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC'') covering the period June 1, 2008, through November 30, 2008. We invited interested parties to comment on our 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 Department of Commerce (``the Department'') preliminarily determines that prestressed concrete steel wire strand (``PC strand'') 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 733 of the Tariff Act of 1930, as amended (``Act''), for the period of investigation (``POI'') October 1, 2008, through March 31, 2009. The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on honey from the People's Republic of China (``PRC''), covering the period of review (``POR'') of December 1, 2007, through November 30, 2008. As discussed below, we have preliminarily determined to rescind this administrative review because we have found the sales made by Dongtai Peak Honey Industry Co., Ltd. (``Dongtai Peak'') that entered during the POR were not bona fide. In addition, we have preliminarily determined to apply adverse facts available (``AFA'') with respect to the PRC-wide entity which includes Anhui Native Produce Import and Export Corp. (``Anhui Native''), as it failed to cooperate to the best of its ability and impeded the proceeding. We are also preliminarily finding that Qinhuangdao Municipal Dafeng Industrial Co., Ltd. (``QMD''), Inner Mongolia Youth Trade Development Co., Ltd. (``Inner Mongolia''), and Wuhu Qinshgi Tangye (``Wuhu Qinshgi'') did not demonstrate their eligibility for a separate rate and thus are considered to be part of the PRC-wide entity. 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 appropriate entries of subject merchandise during the POR for which importer- specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results.

In response to requests from interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags from the People's Republic of China. The period of review is August 1, 2008, through July 31, 2009. The Department is rescinding this review.

The Department of Commerce (``the Department'') has preliminarily determined that the respondents in this review, for the period December 1, 2007, through November 30, 2008, have made sales of subject merchandise at less than normal value. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries.

On behalf of the Committee for the Implementation of Textile Agreements (CITA), the Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

On October 1, 2009, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on certain preserved mushrooms from Chile, India, Indonesia, and the People's Republic of China (PRC), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping.

On July 8, 2009, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain stainless steel butt-weld pipe fittings from Taiwan. See Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent to Rescind in Part, and Notice of Intent Not to Revoke Order in Part, 74 FR 32532 (July 8, 2009) (``Preliminary Results''). The merchandise covered by the order is certain stainless steel butt-weld pipe fittings from Taiwan as described in the ``Scope of the Order'' section of this notice. The period of review (``POR'') is June 1, 2007, through May 31, 2008. We provided interested parties an opportunity to comment on our Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculation. The final weighted-average dumping margin is listed below in the section titled ``Final Results of Review.''

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC'') covering the period June 1, 2007, through May 31, 2008. We invited interested parties to comment on our 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.

On June 8, 2009, the Department published its preliminary results in the antidumping duty administrative review of pure magnesium from the PRC.\1\ The period of review (``POR'') for the administrative review is May 1, 2007, through April 30, 2008. We have determined that Tianjin Magnesium International Co., Ltd. (``TMI''), the only respondent in this review, made sales in the United States at prices below normal value (``NV''). There are no other respondents covered by this review. We invited interested parties to comment on our preliminary results in this review. Based on our analysis of the comments we received in the administrative review, we made certain changes to our Preliminary Results. The final dumping margins for this review are listed in the ``Final Results Margins'' section below.

The Manufacturing Council will hold a meeting via teleconference to deliberate a draft letter of recommendation to the Secretary of Commerce.

As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty (``AD'') finding/ orders on prestressed concrete steel wire strand (``PC strand'') from Brazil, India, Japan, the Republic of Korea (``Korea''), Mexico, and Thailand would likely lead to continuation or recurrence of dumping, that revocation of the countervailing duty (``CVD'') order on PC strand from India would likely lead to continuation or recurrence of a countervailable subsidy, and that revocation of these AD and CVD finding/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 the continuation of these AD finding/orders and CVD order.

Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on commodity matchbooks from India.

The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that SKF Aeroengine France S.A.S.U. (SKF Aeroengine) is the successor-in-interest to SNFA S.A.S.U. and, as a result, should be accorded the same treatment as SNFA S.A.S.U.

On June 15, 2009, and November 23, 2009, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand orders in Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55 (June 15, 2009) and Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23, 2009). See Results of Redetermination Pursuant to Remand, dated March 3, 2008, and Results of Redetermination Pursuant to Remand, dated September 8, 2009 (found at https://ia.ita.doc.gov/remands). Consistent with the decision of the United States 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 the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey covering the period of review (POR) of April 1, 2003, through March 31, 2004. See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination To Revoke in Part, 70 FR 67665 (Nov. 8, 2005) (Final Results).