International Trade Administration March 29, 2010 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on laminated woven sacks (LWS) from the People's Republic of China (PRC) for the period December 3, 2007 to December 31, 2008, with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (Zibo Aifudi). Since Zibo Aifudi was the only remaining producer/exporter subject to review, this notice also serves to rescind the entire administrative review. This rescission is based on Zibo Aifudi's withdrawal of its request for review.

On May 5, 2009, the Court of International Trade (``CIT'') affirmed the Department's remand determination issued pursuant to the Court's remand order in Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) (``Remand Order''), which concerned the Department of Commerce's (``the Department'') determination of the appropriate surrogate value for silica fume in Silicon Metal From the People's Republic of China: Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 (October 16, 2007) (``Final Results'') and accompanying Issues and Decision Memorandum. See Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) (``May 5th Order''). On February 23, 2010, the Court of Appeals for the Federal Circuit (``CAFC'') dismissed the appeal of Globe Metallurgical, Inc. v. United States, Court No. 2009-1436 (``Dismissal Order''). As explained below, in accordance with the CIT's May 5th Order and the CAFC's Dismissal Order, the Department is amending the Final Results of the new shipper reviews to apply the recalculated surrogate value for the by-product silica fume in the Department's normal value calculation.