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

The Department of Commerce (the Department) has determined that Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa) is the successor-in-interest to Tuberia Nacional, S.A. de C.V. (TUNA) and, as a result, should be accorded the same treatment previously accorded TUNA in regard to the antidumping duty order on certain circular welded non-alloy steel pipe (circular welded pipe) from Mexico.

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

On December 22, 2010, IUSA, S.A. de C.V. (``IUSA'') and Nacional de Cobre, S.A. de C.V. (``Nacobre''), and their U.S. affiliates Cambridge-Lee Industries LLC and Copper and Brass International filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Second and Third Requests for Panel Review were filed by GD Affiliates S. de. R.L. de C.V., and its U.S. affiliate GD Copper (U.S.A.), and the Government of Mexico, respectively. Panel review was requested of the final determination by the U.S. International Trade Commission that an industry in the United States is threatened with material injury by reason of imports of Seamless Refined Copper Pipe and Tube from China and Mexico. This determination was published in the Federal Register (75 FR 71,146), on November 22, 2010. The NAFTA Secretariat has assigned Case Number USA- MEX-2010-1904-02 to these requests.

The Department of Commerce (``Department'') is rescinding the administrative review of non-frozen apple juice concentrate from the People's Republic of China (``PRC'') for the period of review (``POR'') June 1, 2009, through May 31, 2010. This rescission is based on the timely withdrawal of request for review by the two interested parties that requested the review, Sanmenxia Luck Fruit Co., Ltd. (``SLFI'') and Qin'an Great Wall Fruit Juice and Beverage Co., Ltd. (``Qin'an'').

On August 31, 2010, the U.S. Department of Commerce (the ``Department'') published a notice of initiation of an administrative review of the antidumping duty order on circular welded carbon quality steel pipe (``CWP'') from the People's Republic of China (``PRC''). This administrative review was initiated on 18 exporters of CWP from the PRC. We are now rescinding this administrative review in full.

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

The Department of Commerce (the Department) is conducting a new shipper review under the countervailing duty (CVD) order on polyethylene terephthalate film, sheet and strip (PET film) from India in response to a request from SRF Limited (SRF). The period of review (POR) is January 1, 2009, through December 31, 2009. The domestic interested parties for this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc. and Toray Plastics (America), Inc. (petitioners). We preliminarily determine that the U.S. sale of subject merchandise produced and exported by SRF was bona fide. See Bona Fides Analysis section below. We also preliminarily determine that SRF has benefitted from countervailable subsidies provided on the production and export of PET film from India. See the ``Preliminary Results of Administrative Review'' section, below. If the final results remain the same as the preliminary results of this review, we intend to instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties. Interested parties are invited to comment on the preliminary results of this new shipper review. See the ``Public Comment'' section of this notice, below. The final results will be issued 90 days after the date of signature of these preliminary results, unless extended.

The Department of Commerce (``the Department'') is requesting comments regarding the calculation of the weighted average dumping margin and antidumping duty assessment rate in certain antidumping duty proceedings. Currently, in a review of an antidumping duty order conducted under 19 CFR 351.213 (administrative review), 351.214 (new shipper review), and 351.215 (expedited antidumping review) (collectively ``reviews''), the Department usually makes comparisons between transaction-specific export prices and average normal values and does not offset any dumping that is found with the results of comparisons for which the transaction-specific export price exceeds the average normal value. In addition, in the most recent original antidumping duty investigation in which the Department calculated the weighted average margins of dumping using transaction-to-transaction comparisons, the Department did not grant offsets for non-dumped comparisons. Several World Trade Organization (``WTO'') dispute settlement reports have found that the United States application of these methodologies was inconsistent with our WTO obligations. In response to these reports, the Department proposes modification of its methodologies, including changes to certain provisions of the Department's regulations.

On June 2, 2010, the Department of Commerce (``the Department'') initiated the second sunset review of the antidumping duty order on stainless steel sheet and strip (``SSSS'') in coils from Mexico, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of the notice of intent to participate, and adequate substantive responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order on SSSS in coils from Mexico, pursuant to section 751(e)(3)(B) of the Act and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order with respect to SSSS in coils from Mexico would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Review.''

The Department of Commerce (``the Department'') is currently conducting an administrative review of the antidumping duty order on laminated woven sacks (``LWS'') from the People's Republic of China (``PRC'') covering the period August 1, 2009, through July 31, 2010. This review covers imports of subject merchandise from one manufacturer/exporter: Zibo Aifudi Plastic Packaging Co., Ltd. (``Aifudi''). 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 all appropriate entries in accordance with these results. We invite interested parties to comment on these preliminary review results and will issue the final review results no later than 120 days from the date of publication of this notice.

On June 18, 2010, the Department of Commerce (``Department'') published in the Federal Register the preliminary results in the 2008- 2009 antidumping duty administrative review of pure magnesium from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is May 1, 2008, through April 30, 2009. We initiated an administrative review of the antidumping order on pure magnesium from the PRC with respect to Tianjin Magnesium International Co., Ltd. (``TMI''), Tianjin Xianghaiqi Resources Import & Export Trade Co., Ltd. (``TXR''), and Pan Asia Magnesium Co., Ltd. (``Pan Asia''). Because neither TXR nor Pan Asia responded to the Department's antidumping duty questionnaire, we determined that they were not entitled to a separate rate in the Preliminary Results and included them in the PRC-Wide Entity.\2\ We determined that TMI, the only responsive respondent in this proceeding, made sales in the United States at prices below normal value (``NV''). We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made changes to the margin calculations for TMI. The final dumping margin for this review is listed in the ``Final Results Margins'' section below.

On November 16, 2010, the Court of International Trade (CIT) issued an order in JSW Steel Limited v. United States, and United States Steel Corporation and Nucor Corporation, Court No. 08-00247, Order Of Judgment By Stipulation Of The Parties (November 16, 2010) (JSW) pertaining to the Department's agreement with JSW Steel Limited (JSW), setting the final countervailing rate for the period of review (POR) of January 1, 2006, through December 31, 2006 (2006 POR) to 76.88 percent, and specifying the future countervailing duty cash deposit rate to 76.88 percent for that company. The Department is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products (HRCS) from India covering the 2006 POR, to reflect the CIT's order in JSW.

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR), November 1, 2008 through October 31, 2009. The Department initiated this review for 84 producers/exporters (companies). Based on timely withdrawal of requests for review, the Department is now rescinding the review with respect to 54 companies which are listed in Attachment I. As such, this review covers the 30 companies listed in Attachment II. One producer/exporter selected as a mandatory respondent has participated fully and has demonstrated its eligibility for a separate rate. We preliminarily determine that the respondent sold subject merchandise to the United States at prices below normal value (NV). The Department has also preliminarily determined that total adverse facts available (AFA) is warranted for two mandatory respondents who each failed to cooperate to the best of its ability in this proceeding. The Department preliminarily grants a separate rate to four companies which demonstrated the eligibility for separate rate status. The rates assigned to each of these companies, can be found in the ``Preliminary Results of Review'' section of this notice. The Department also intends to rescind preliminarily the review with respect to seven companies which each timely submitted a ``no shipment'' certification. The remaining fourteen companies for which a review was requested but which failed to timely submit a no-shipment certification, or separate rate certification or application, are part of the PRC-wide entity. A more detailed explanation of the disposition of each of the above companies can be found below. Interested parties are invited to comment on these preliminary results. 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 assessment rates are above de minimis.

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. On April 23, 2010, the Department published a Notice of Inquiry seeking comment from all Internet stakeholders 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 now seeks further comment on its report entitled, ``Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework,'' available at https:// www.ntia.doc.gov/internetpolicytaskforce/. Through this Notice requesting comments on the report, the Department hopes to spur further discussion with Internet stakeholders that will lead to the development of a series of Administration positions that will help develop an action plan in this important area.

On November 23, 2010, the Department of Commerce's International Trade Administration published a notice in the Federal Register (75 FR 71417) soliciting applications to fill one vacant position on the Manufacturing Council (Council). The November 23, 2010 notice provided that all applications must be received by the Office of Advisory Committees of the Department of Commerce by close of business on December 7, 2010. This notice reopens the application period in order to provide the public with an additional opportunity to submit applications. The eligibility and evaluation criteria for selection of a member to fill the vacant position contained in the November 23, 2010 notice shall continue to apply. The purpose of the Council is to advise the Secretary of Commerce on matters relating to the competitiveness of the U.S. manufacturing sector and to provide a forum for regular communication between Government and the manufacturing sector.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between April 1, 2010, and June 30, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of June 30, 2010. We intend to publish future lists after the close of the next calendar quarter.

On September 13, 2010, the United States Court of International Trade (``CIT'') sustained the remand determination made by the Department of Commerce (the ``Department'') pursuant to the CIT's remand of the final determination in the antidumping duty investigation on 1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') from the People's Republic of China (``PRC'') and ordered the case dismissed.\1\ This case arises out of the Department's final determination in the antidumping investigation on HEDP from the PRC.\2\ The final judgment in this case was not in harmony with the Department's Final Determination.

In antidumping proceedings involving non-market economy (``NME'') countries,\1\ the Department of Commerce (``the Department'') has a rebuttable presumption that the export activities of all companies within the country are subject to government control and, thus, should be assessed a single antidumping duty rate (i.e., the NME- Entity rate). It is the Department's policy to assign to all exporters of merchandise subject to investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a ``separate rate'' (i.e., a dumping margin separate from the margin assigned to the NME-Entity). Exporters can demonstrate this independence through the absence of both de jure and de facto governmental control over their export activities.

On September 17, 2010, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review and consideration of revocation, in part, of the countervailing duty order on certain pasta from Italy. See Certain Pasta From Italy: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of Order, in Part, 75 FR 56992 (September 17, 2010) (``Initiation Notice''). The Department confirmed that New World Pasta Company, Dakota Growers Pasta Company, and American Italian Pasta Company (collectively ``Petitioners'') have no interest in countervailing duty relief from imports of gluten-free pasta. Therefore, we are notifying the public of our intent to revoke, in part, the countervailing duty order as it relates to imports of gluten-free pasta, as described below. The Department invites interested parties to comment on these preliminary results.\1\

On August 10, 2010, the Department of Commerce (the Department) published its preliminary results in the antidumping duty administrative review of purified carboxymethylcellulose (CMC) from the Netherlands. See Purified Carboxymethylcellulose From the Netherlands; Preliminary Results of Antidumping Duty Administrative Review, 75 FR 48310 (August 10, 2010) (Preliminary Results). The merchandise covered by the order is purified CMC, as described in the ``Scope of the Order'' section of this notice. The period of review (POR) is July 1, 2008, through June 30, 2009. We afforded interested parties an opportunity to comment on the Preliminary Results. We received comments from interested parties on October 22, 2010, and, in light of these comments, have made changes to our margin calculations. Thus, the final results differ from those published in the Department's Preliminary Results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Review.''