International Trade Administration April 2010 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1 through December 31, 2009.

The Department of Commerce (``Department'') has determined that a request for a new shipper review of the antidumping duty order on raw flexible magnets (``magnets'') from the People's Republic of China (``PRC'') meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for the new shipper review is September 1, 2009, through February 28, 2010.

In June and November 2009 and January 2010, the United States Court of International Trade (CIT) sustained three final remand redeterminations made by the Department of Commerce (the Department) in the 2003-2004 administrative review of certain steel concrete of reinforcing bars (rebar) from Turkey. See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55 (June 15, 2009) (Habas I); Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23, 2009) (Habas II); and Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company v. United States and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., Court No. 05-00616, Slip Op. 10-6 (Jan. 19, 2010) (ICDAS). Because all litigation for this administrative review has now concluded, the Department is issuing its amended final results in accordance with the CIT's decisions.

In response to requests from interested parties, the Department of Commerce (the Department) is conducting administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom for the period May 1, 2008, through April 30, 2009. We have preliminarily determined that sales have been made below normal value by certain companies subject to these reviews. We have also preliminarily determined that myonic GmbH, a firm covered by the administrative review of the order on ball bearings from Germany, is the successor-in- interest to the pre-acquisition myonic GmbH. We are also rescinding the administrative reviews in part for certain firms for which the requests for review of these firms were withdrawn in a timely manner. Finally, we are announcing our intent to revoke the order on ball bearings and parts thereof from the United Kingdom in part with respect to subject merchandise exported and/or sold by Barden/Schaeffler UK to the United States.

On April 14, 2010, the United States Court of International Trade (``CIT'') sustained the remand redetermination issued by the Department of Commerce (``Department'') pursuant to the CIT's remand order in the final and amended final determinations of the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam. See Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company v. United States, Slip Op. 10-39 (CIT 2010) (Ad Hoc IV). This case arises out of the Department's final determinations \1\ and amended final determinations \2\ in the original investigations. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that Ad Hoc IV is not in harmony with the Shrimp AD Final Determinations and Shrimp AD Amended Finals and Orders.

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. We received a timely request to revoke one antidumping duty order in part. In accordance with the Department's regulations, we are initiating those administrative reviews.

In response to a request from ArcelorMittal USA, Inc.; Nucor Corporation; SSAB N.A.D., Evraz Claymont Steel and Evraz Oregon Steel Mills (collectively ``Domestic Producers''), the Department of Commerce (``Department'') is initiating an antidumping circumvention inquiry, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the ``Act''), to determine whether certain imports of certain cut-to-length carbon steel plate (``CTL plate'') are circumventing the antidumping duty order on CTL plate from the People's Republic of China (``PRC''). See Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October 21, 2003) (``Order'').

The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the nexus between privacy policy and innovation in the Internet economy. The Department seeks public comment from all Internet stakeholders, including the commercial, academic and civil society sectors, on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy. The Department also seeks to understand whether current privacy laws serve consumer interests and fundamental democratic values. After analyzing the comments responding to this Notice, the Department intends to issue a report, which will contribute to the Administration's domestic policy and international engagement in the area of Internet privacy.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on magnesium metal from the People's Republic of China (``PRC''), covering the period April 1, 2008, through March 31, 2009. This administrative review covers one exporter of the subject merchandise.

On April 14, 2010, the binational panel issued its decision in the review of the final results of the 2004/2005 antidumping administrative review made by the International Trade Administration, respecting Stainless Steel Sheet and Strip in Coils from Mexico, NAFTA Secretariat File Number USA-MEX-2007-1904-01. The binational panel affirmed in part and remanded in part the International Trade Administration's determination, with one dissenting opinion. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on solid urea from the Russian Federation. The review covers one producer/exporter of the subject merchandise, MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2008, through June 30, 2009. We preliminarily determine that, during the POR, EuroChem sold the subject merchandise at less than normal value.

On December 1, 2009, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). On the basis of a notice of intent to participate and an adequate substantive response from domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) 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 likely to prevail if the order were revoked are included in the Final Results of Review section of this notice.

On November 18, 2008, the Court of International Trade (``CIT'') affirmed the Department's remand determination and entered judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 123 (November 18, 2008) (``Shanghai Eswell II''), which challenged certain aspects of the Department of Commerce's (``the Department'') findings in Honey from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) (``Final Results'') and the accompanying Issues and Decision Memorandum. Additionally, on appeal, on November 5, 2009, the Court of Appeals for the Federal Circuit (``CAFC'') affirmed the CIT's ruling in Eswell II. See Shanghai Eswell Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (``Shanghai Eswell III''). As explained below, in accordance with the order contained in the CIT's November 18, 2008 judgement, Shanghai Eswell II, the Department is amending the Final Results of the review to apply the recalculated surrogate financial ratios in the Department's normal value calculation.

In response to a request by the petitioners and two producers/ exporters of the subject merchandise, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain orange juice (OJ) from Brazil of those two producers/exporters of the subject merchandise to the United States. This is the third period of review (POR), covering March 1, 2008, through February 28, 2009.