International Trade Administration January 2010 – 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 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 and to defer the initiation of an administrative review for the same antidumping duty order.

The Department of Commerce (the Department) is aligning the final countervailing duty (CVD) determination for Certain Magnesia Carbon Bricks (Bricks) from the People's Republic of China (PRC) with the final determinations of the antidumping duty (AD) investigations of Bricks from the PRC and Mexico.

On August 31, 2009, the Department of Commerce (the Department) published the preliminary results of a semiannual new shipper review under the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand. See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary Results of Antidumping Duty New Shipper Review, 74 FR 44825 (August 31, 2009) (Preliminary Results). This new shipper review covers one producer/exporter of the subject merchandise to the United States, Pacific Pipe Public Company Limited (Pacific Pipe). The period of review (POR) is March 1, 2008 through September 30, 2008. Subsequent to the Preliminary Results, we conducted verification and provided parties with an opportunity to comment. We received timely case and rebuttal briefs, and have made changes to our calculation as a result of verification and based on our analysis of the comments. Therefore, the final results differ from those published in the Department's Preliminary Results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''

On February 1, 2005, the Department published in the Federal Register 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''). The Department is conducting a new shipper review (``NSR'') of the Order, covering the period of review (``POR'') of August 1, 2008, through January 31, 2009. 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.

In response to a request from Far Eastern New Century Corporation, the Department of Commerce is initiating a changed- circumstances review of the antidumping duty order on polyester staple fiber from Taiwan. We have preliminarily concluded that Far Eastern New Century Corporation is the successor-in-interest to Far Eastern Textile Limited and, as a result, should be accorded the same treatment previously accorded to Far Eastern Textile Limited with regard to the antidumping duty order on polyester staple fiber from Taiwan. Interested parties are invited to comment on these preliminary results.

On January 5, 2010, 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 in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Court No. 04-00454 (May 5, 2009) (Gerber v. United States Remand Order). See Redetermination Pursuant to Court Remand, dated July 24, 2009 (Remand Redetermination) (found at https://ia.ita.doc.gov/ remands); and Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Slip Op. 10-2 (January 5, 2010) (Gerber v. United States II) . 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 preserved mushrooms from the People's Republic of China (PRC) covering the period of review (POR) of February 1, 2002, through January 31, 2003. See Certain Preserved Mushrooms from the People's Republic of China: Final Results of Sixth Antidumping Duty New Shipper Review and Final Results and Partial Rescission of the Fourth Antidumping Duty Administrative Review, 69 FR 54635 (September 9, 2004) (Final Results).

On February 1, 2005, the Department of Commerce (``the Department'') published in the Federal Register the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (``VN Shrimp Order''). The Department is conducting a new shipper review (``NSR'') of the VN Shrimp Order, covering the period of review (``POR'') of February 1, 2008, through January 31, 2009. Because the sale made by Nhat Duc was not bona fide, we have preliminarily determined to rescind this new shipper review.

Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing a countervailing duty order on certain oil country tubular goods (``OCTG'') from the People's Republic of China (``PRC''). Also, as explained in this notice, the Department is amending its final determination to correct certain ministerial errors.

On January 4, 2010, the U.S. Court for International Trade (CIT) sustained the Department of Commerce's (the Department) results of redetermination pursuant to the CIT's remand and entered final judgment in Saha Thai v. United States, Ct. 08-380, Slip Op. 09-116. 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 order on circular welded carbon steel pipes and tubes from Thailand covering the period March 1, 2006 through February 28, 2007. Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review, 73 FR 61019 (October 15, 2008) (Final Results).

The Department of Commerce (``Department'') preliminarily determines that wire decking 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 (``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.

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain hot-rolled carbon steel flat products from India for the period of review (POR) January 1, 2008, through December 31, 2008. These preliminary results cover one company Tata Steel Limited (Tata). For the information on the net subsidy rate for the reviewed company, see the ``Preliminary Results of Review'' section.

On November 4, 2009, the Department of Commerce (``the Department'') published antidumping duty orders and ordered the collection of cash deposits on subject merchandise in the antidumping duty investigations of diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC'') and the Republic of Korea (``Korea''). See Diamond Sawblades and Parts Thereof From the People's Republic of China and the Republic of Korea: Antidumping Duty Orders, 74 FR 57145 (November 4, 2009) (``Diamond Sawblades Orders''). The first anniversary month for these orders will be November 2010, based on the November 4, 2009, publication date of the Diamond Sawblades Orders.

The Department of Commerce (the Department) is conducting an administrative review of Alpanil Industries, Ltd. (Alpanil) under the countervailing duty order on carbazole violet pigment 23 (CVP-23) from India for the period January 1, 2007, through December 31, 2007. We preliminarily determine that subsidies are being provided to Alpanil on the production and export of CVP-23 from India. See ``Preliminary Results of Administrative Review'' section, below. If the final results remain the same as the preliminary results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties. Interested parties are invited to comment on the preliminary results of this administrative review. See the ``Public Comment'' section below.

On July 08, 2009, the Department of Commerce (``Department'') published Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People's Republic of China: Preliminary Results of the 2007-2008 Administrative Review of the Antidumping Duty Order, 74 FR 32539 (July 08, 2009) (``Preliminary Results''). The period of review (``POR'') is June 1, 2007, through May 31, 2008. The administrative review covers one respondent, Peer Bearing CompanyChangshan (``CPZ'').

The Department of Commerce (``the Department'') preliminarily determines that certain steel grating (``steel grating'') 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 (``Act''). 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.

In response to a request from Rise Furniture Co., Ltd. (``Rise''), the Department of Commerce (``Department'') initiated a new shipper review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering the period January 1, 2009, through July 30, 2009.\1\ On November 10, 2009, Rise withdrew its request for a new shipper review. Accordingly, the Department is rescinding the new shipper review with respect to Rise.