International Trade Administration August 2010 – Federal Register Recent Federal Regulation Documents
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Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Initiation of Administrative Review
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to defer the initiation of administrative review for one antidumping duty order.
President's Export Council: Meeting of the President's Export Council
The President's Export Council will hold a meeting to discuss topics related to the National Export Initiative, and advice from the President's Export Council as to how to promote U.S. exports, jobs, and growth.
Carbazole Violet Pigment 23 From India: Preliminary Results of Antidumping Duty Changed-Circumstances Review
Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department of Commerce (the Department) is conducting a changed-circumstances review of the antidumping duty order on carbazole violet pigment 23 from India to determine whether Meghmani Pigments (Meghmani) is the successor-in-interest to Alpanil Industries (Alpanil) for determining antidumping duty liability. Because Meghmani did not respond to the Department's questionnaire, we have preliminarily determined that the use of facts available is appropriate to find that Meghmani is the successor-in-interest to Alpanil. Interested parties are invited to comment on these preliminary results.
Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Changed Circumstances Review
On July 28, 2010, the Department of Commerce (the Department) published a notice of preliminary results of changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. See Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Changed Circumstances Review, 75 FR 44229 (July 28, 2010) (Preliminary Results). In that notice, we preliminarily determined that Srikanth International (Srikanth) is the successor-in-interest to NGR Aqua International (NGR) for purposes of determining antidumping liability. No interested party submitted comments on, or requested a public hearing to discuss, the Preliminary Results. Therefore, for these final results, the Department continues to find that Srikanth is the successor-in-interest to NGR.
Raw Flexible Magnets From the People's Republic of China: Notice of Rescission of Countervailing Duty New Shipper Review
In response to a request from Jingzhou Meihou Flexible Magnet Company, Ltd. (Jingzhou Meihou), the Department of Commerce (the Department) initiated a new shipper review of the countervailing duty (CVD) order on raw flexible magnets from the People's Republic of China (PRC) covering the period January 1, 2009, through February 28, 2010.
Potassium Permanganate from the People's Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order
On May 3, 2010, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on potassium permanganate from the People's Republic of China (``PRC''). On the basis of a timely notice of intent to participate and an adequate substantive response filed on behalf of a domestic interested party, 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.
Notice of Scope Rulings
The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between January 1, 2010, and March 31, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of March 31, 2010. We intend to publish future lists after the close of the next calendar quarter.
Polychloroprene Rubber from Japan: Final Results of Sunset Review and Revocation of Finding
On July 9, 2010, the Department of Commerce (``the Department'') initiated the sunset review of the antidumping finding on polychloroprene rubber from Japan. Because the domestic interested parties did not participate in this sunset review, the Department is revoking this antidumping finding.
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters on August 18, 2010. The Certificate has been amended eleven times. The previous amendment was issued to NFE on September 16, 2009, and a notice of its issuance was published in the Federal Register on September 23, 2009 (74 FR 48250). The original Certificate for NFE was issued on June 11, 1984, and a notice of its issuance was published in the Federal Register on June 14, 1984 (74 FR 48520).
Certain Frozen Warmwater Shrimp From India: Notice of Rescission of Antidumping Duty Changed Circumstances Review
On March 22, 2010, the Department of Commerce (the Department) initiated a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from India to determine whether R.D.R. Exports (RDR) is the successor-in-interest company to Jaya Satya Marine Exports Pvt. Ltd. (Jaya Satya). See Certain Frozen Warmwater Shrimp From India: Initiation of Antidumping Duty Changed-Circumstances Review, 75 FR 13492 (Mar. 22, 2010) (Initiation). On July 30, 2010, RDR withdrew its request for a changed circumstances review. The Department is now rescinding this changed circumstances antidumping duty administrative review.
Polyester Staple Fiber from Taiwan: Rescission of Antidumping Duty Administrative Review in Part
On June 30, 2010, in response to a request from an interested party, the Department of Commerce initiated an administrative review of the antidumping duty order on polyester staple fiber from Taiwan. The period of review is May 1, 2009, through April 30, 2010. The Department of Commerce is rescinding this review in part.
Solid Urea from the Russian Federation: Final Results of Antidumping Duty Administrative Review
On April 15, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on solid urea from the Russian Federation. The solid urea subject to this review was produced and exported by MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2008, through June 30, 2009.
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Wood Machinery Manufacturers of America on August 16, 2010. The Certificate has been amended eleven times. The previous amendment was issued to WMMA on July 9, 2008, and a notice of its issuance was published in the Federal Register on January 11, 2010 (75 FR 1335). The original Export Trade Certificate of Review No. 88- 00016 was issued on February 3, 1989, and published in the Federal Register on February 9, 1989 (54 FR 6312).
Drill Pipe From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, and Postponement of Final Determination
The Department of Commerce (``Department'') preliminarily determines that drill pipe 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'') April 1, 2009, through September 30, 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.
Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Rescission in Part
On February 5, 2010, the Department of Commerce (Department) published in the Federal Register its preliminary results of the administrative review of the antidumping duty order on wooden bedroom furniture (WBF) from the People's Republic of China (PRC), covering the period January 1, 2008 through December 31, 2008.\1\ Further, on April
Antidumping Duty Order: Certain Woven Electric Blankets 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 certain woven electric blankets (``woven electric blankets'') from the People's Republic of China (``PRC'').
Sorbitol From France: Notice of Rescission of Antidumping Duty Administrative Review
On May 28, 2010, the U.S. Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on sorbitol from France. The review covers one producer/exporter of sorbitol, Syral S.A.S. (Syral). Based on the withdrawal of the requests for review from Archer Daniels Midland Company (ADM) and Corn Products International (CP), domestic producers of sorbitol, we are now rescinding this administrative review in full.
Pure Magnesium In Granular Form from the People's Republic of China: Initiation of Changed Circumstances Review
The Department of Commerce (``Department'') has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on pure magnesium in granular form from the People's Republic of China (``PRC''). Specifically, based upon a request filed by China Minmetals Non-ferrous Metals Co., Ltd. (``CMN''), the Department is initiating a changed circumstances review to determine whether CMN is the successor-in-interest to Minmetals Precious &Rare Minerals Import and Export/China National Nonferrous Metals Industry Trading Group Corp. (``Minmetals/CNNMIT''), a separate- rate respondent in the original investigation.
Certain Orange Juice From Brazil: Final Results of Antidumping Duty Administrative Review and Notice of Intent Not To Revoke Antidumping Duty Order in Part
On April 13, 2010, the Department of Commerce published its preliminary results of the administrative review of the antidumping duty order on certain orange juice from Brazil. This review covers two producers/exporters of the subject merchandise to the United States. The period of review (POR) is March 1, 2008, through February 28, 2009.
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to U.S. Shippers Association (``USSA'') on August 9, 2010. The Certificate has been amended sixteen times. The previous amendment was issued to USSA on December 16, 2008, and a notice of its issuance was published in the Federal Register on December 22, 2008 (73 FR 78291). The original Certificate for USSA was issued on June 3, 1986, and a notice of its issuance was published in the Federal Register on June 9, 1986 (51 FR 20873).
Notice of Final Results of Antidumping Duty Changed-Circumstances Review: Frozen Warmwater Shrimp from Vietnam
On June 30, 2010, the Department of Commerce (``the Department'') published a notice of initiation and the preliminary results of its changed-circumstances review of the antidumping duty order on frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') in which it preliminarily determined that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd., and that as such, Phuong Nam Foodstuff Corp is the successor-in- interest to Phuong Nam Co., Ltd. with respect to entries of subject merchandise. We gave interested parties the opportunity to comment on our preliminary results. We received no comments. Therefore, for these final results, the Department is adopting its preliminary determination that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd.
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. This review covers respondents, Nan Ya Plastics Corporation, Ltd., (Nan Ya), as well as Shinkong Synthetic Fibers Corporation (SSFC) and Shinkong Materials Technology Co. Ltd. (SMTC) (collectively, Shinkong), producers and exporters of PET Film from Taiwan.
Drill Pipe from the People's Republic of China: Notice of Preliminary Affirmative Determination of Critical Circumstances
The Department of Commerce (the Department) has preliminarily determined that critical circumstances exist with respect to imports of drill pipe from the People's Republic of China (PRC).
Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Preliminary Results and Preliminary Rescission, in Part, of Antidumping Duty Administrative Review
In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') from the People's Republic of China (``PRC''). The period of review (``POR'') is November 6, 2008, through October 31, 2009. This administrative review covers two mandatory respondents, and four separate rate respondents (i.e., one separate rate respondent that filed a separate rate certification, one separate rate respondent that claimed it did not ship or sell subject merchandise to the United States during the POR, and two separate rate respondents who currently have a separate rate, but that failed to either recertify the separate rate, or, in the alternative, make a claim that they did not ship or sell subject merchandise to the United States during the POR).
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from Brazil. This administrative review covers one respondent, Terphane, Inc. (Terphane) and the period of review (POR) is November 6, 2008 through October 31, 2009. Given Terphane's failure to respond to the Department's requests for information, we have assigned Terphane a margin based on adverse facts available (AFA). 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 all appropriate entries of subject merchandise during the POR.
Certain Pasta From Italy: Notice of Preliminary Results of Antidumping Duty Administrative Review
In response to requests by interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain pasta (``pasta'') from Italy for the period of review (``POR'') July 1, 2008, through June 30, 2009. This review covers two producers/exporters of subject merchandise: Pastificio Attilio MastromauroPasta Granoro S.r.L. (``Granoro'') and Pastaficio Lucio Garofalo S.p.A. (``Garofalo'').\1\ We preliminarily determine that during the POR, Granoro and Garofalo sold subject merchandise at less than normal value (``NV''). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.
Certain New Pneumatic Off-The-Road Tires from the People's Republic of China: Notice of Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order in Accordance With Final Court Decision
On May 14, 2010, the United States Court of International Trade (``CIT'') sustained the final remand redetermination made by the Department of Commerce (``the Department'') pursuant to the CIT's remand of the final determination in the antidumping investigation on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC''). See Bridgestone Americas Inc. v. United States, Consol. Ct. No. 08-00256, Slip Op. 10-55 (Ct. Int'l Trade May 14, 2010) (``Bridgestone''). This case arose out of the Department's final determination in the antidumping duty investigation on OTR tires from the PRC. See Certain New Pneumatic Off-The-Road-Tires from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008) (``Final Determination''); Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (``OTR Tires Order''). As there is now a final and conclusive court decision in this action, we are amending our final determination and our antidumping duty order.
Petroleum Wax Candles From the People's Republic of China: Preliminary Results of Request for Comments on the Scope of the Petroleum Wax Candles From the People's Republic of China Antidumping Duty Order
On August 21, 2009, the Department solicited comments from the general public on the best method to consider whether novelty \1\ candles should or should not be included within the scope of the Order \2\ given the extremely large number of scope determinations requested by outside parties. See Petroleum Wax Candles from the People's Republic of China: Request for Comments on the Scope of the Antidumping Duty Order and the Impact on Scope Determinations, 74 FR 42230 (August 21, 2009). The general public was given two options (as well as the choice to submit additional options and ideas):
Stainless Steel Sheet and Strip in Coils From Taiwan: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from Taiwan with respect to 20 companies.\1\ The Department selected Chia Far Industrial Factory Co., Ltd. (Chia Far), as the mandatory respondent in this review. The respondents which were not selected for individual examination are listed in the ``Preliminary Results of Review'' section of this notice. The period of review (POR) is July 1, 2008, through June 30, 2009.
Chlorinated Isocyanurates from Spain and the People's Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
On May 3, 2010, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty orders on chlorinated isocyanurates (``chlorinated isos'') from Spain and the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited (120-day) sunset reviews of the antidumping duty orders on chlorinated isos from Spain and the PRC, pursuant to section 751(c)(3)(B) of the Act and 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, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.
Administrative Review of Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review
On March 12, 2010, the Department of Commerce (``Department'') published in the Federal Register the Preliminary Results of the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We find that certain exporters have not sold subject merchandise at less than normal value (``NV'') during the period of review (``POR''), February 1, 2008, through January 31, 2009.
Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand
On July 28, 2010, the U.S. Trade Representative (USTR) instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of polyethylene retail carrier bags from Thailand. The Department issued its determination on June 29, 2010, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-to-average comparisons of export price and normal value in the investigation challenged by Thailand before the World Trade Organization (WTO) in United StatesAntidumping Measure on Polyethylene Retail Carrier Bags from Thailand. The Department is now implementing this determination.
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