International Trade Administration January 2011 – Federal Register Recent Federal Regulation Documents

In response to a timely request from NEP Tianjin Machinery Company (``NEP Tianjin'') the Department of Commerce (the ``Department'') is conducting the 2009-2010 administrative review of the antidumping duty order on non-malleable cast iron pipe fittings (``pipe fittings'') from the People's Republic of China (``PRC''). The Department has reviewed shipments of subject merchandise made by NEP Tianjin and has determined that NEP Tianjin made sales below normal value (``NV'') during the period of review (``POR''). If the 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. We invite interested parties to comment on these preliminary results of review. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We intend to issue the final results no later than 120 days from the date of publication of this notice.

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.

On September 29, 2010, the Department of Commerce (``the Department'') published a notice of preliminary results of the full sunset review of the antidumping duty order on purified carboxymethylcellulose (``CMC'') from Mexico pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Purified Carboxymethylcellulose from Mexico: Preliminary Results of the First Five-year (``Sunset'') Review of Antidumping Duty Order, 75 FR 60084 (September 29, 2010) (``Preliminary Results''). We provided interested parties an opportunity to comment on our Preliminary Results. The Department did not receive comments from either domestic or respondent interested parties. As a result of this review, the Department continues to find that that revocation of the antidumping duty order with respect to CMC from Mexico would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Final Results of Review.''

On January 18, 2011, the binational panel issued its decision in the review of the United States International Trade Commission's (the Commission) final injury determination in Certain Welded Large Diameter Line Pipe from Mexico (NAFTA Secretariat File Number USA-MEX- 2007-1904-03). The binational panel remanded the Commission's determination. The Commission is directed to issue its determination on remand on or before March 22, 2011. Copies of the panel's decision are available from the U.S. Section of the NAFTA Secretariat.

On January 6, 2011, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') results of redetermination, which construed the scope of the Order \1\ as excluding carbon steel butt-weld pipe fittings from the People's Republic of China (``PRC'') used in structural applications, pursuant to the CIT's remand order in King Supply Co. LLC, d/b/a King Architectural Metals v. United States, Slip Op. 10-111, Court No. 09-00477 (September 30, 2010) (``King Supply I''). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00477, dated December 1, 2010; King Supply Co. LLC, d/b/a King Architectural Metals, v. United States, Slip Op. 11-2, Court No. 09-00477 (January 6, 2011) (``King Supply 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''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final scope ruling and is amending its final scope ruling on carbon steel butt-weld pipe fittings from the PRC used in structural applications. See Memorandum from Edward C. Yang, Senior NME Coordinator for Import Administration to John M. Andersen, Acting Deputy Assistant Secretary for Import Administration, Final Scope Ruling: Antidumping Duty Order on Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of China, dated October 20, 2009 (``Final Scope Ruling'').

On June 16, 2010, the Department of Commerce (``the Department'') published in the Federal Register a notice of initiation of a changed circumstances review (``CCR'') of the antidumping duty order on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'') in order to determine whether Shandong Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the successor-in-interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'') for the purpose of determining antidumping duty liability.\1\ On December 8, 2010, Ling Long North America LLC, doing business as Atlas Tire, an affiliated importer of record and the requesting party, submitted a request to rescind this CCR. The Department is now rescinding this CCR.

On January 3, 2011, the United States Court of International Trade (``CIT'') sustained in an unpublished judgment the Department of Commerce's (``the Department'') results of redetermination as applied to respondents China First Pencil Co., Ltd. (``China First'') and Shanghai Three Star Stationery Industry Corp. (``Three Star'') and separate rate company Orient International Holding Shanghai Foreign Trade Co., Ltd. (``SFTC'') pursuant to the CIT's remand order in China First Pencil Co., Ltd. v. United States, 721 F. Supp. 2d 1369 (Ct. Int'l Trade 2010) (``China First''). See Final Results of Redetermination Pursuant to Remand, Court No. 09-00325, dated December 20, 2010, available at https://ia.ita.doc.gov/remands (``Remand Results''); China First Pencil Co., Ltd. v. United States, Court No. 09-00325 (Ct. Int'l Trade January 3, 2011) (judgment). 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''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States,F.3dCourt No. 2010-1024, -1090 (Fed. Cir. December 9, 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination and is amending the final results of the administrative review of the antidumping duty order on certain cased pencils (``pencils'') from the People's Republic of China covering the period of review (``POR'') of December 1, 2006, through November 30, 2007 with respect to China First, Three Star, and SFTC. See Certain Cased Pencils from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 74 FR 33406 (July 13, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum (``I&D Memorandum''), as amended by Certain Cased Pencils from the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 74 FR 45177 (September 1, 2009).

On November 10, 2010, the Department of Commerce (the ``Department'') published the Preliminary Results of the first administrative review of the antidumping duty order on uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC''), covering the period of review (``POR'') August 6, 2008, through January 31, 2010.\1\ The Department received no comments on the Preliminary Results. We have made no changes to our margin calculations for the final results of this review. The final weighted- average margins are listed below in the ``Final Results of the Review'' section of this notice.

In response to a request for administrative review received on August 31, 2010, the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on corrosion- resistant carbon steel flat products from the Republic of Korea covering the period January 1, 2009, through December 31, 2009. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 75 FR 60078 (September 29, 2010) (Initiation). As a result of withdrawals of request for review, we are rescinding this review, in part, with respect to Dongbu Steel (Dongbu) and Pohang Iron & Steel Co., Ltd. (POSCO).

On November 1, 2010, the Department of Commerce (``the Department'') initiated the sunset review of the antidumping duty order on granular polytetrafluoroethylene resin (``PTFE resin'') from Japan. See Initiation of Five-Year (``Sunset'') Review, 75 FR 67082 (November 1, 2010) (``Initiation Notice''). Because the domestic parties did not participate in this review, the Department is revoking this antidumping duty order.

On September 14, 2010, the U.S. Department of Commerce (the Department) published in the Federal Register its preliminary results of the administrative review of the countervailing duty (CVD) order on corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea) for the period of review (POR) January 1, 2008, through December 31, 2008. See Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 75 FR 55745 (September 14, 2010) (Preliminary Results). We rescinded the administrative review, in part, with respect to Dongbu Steel Co., Ltd. (Dongbu) and Pohang Iron and Steel Co., Ltd. (POSCO) and preliminarily found that Hyundai HYSCO Ltd. (HYSCO) received de minimis countervailable subsidies during the POR. We did not receive any comments on our Preliminary Results, however, we have made revisions regarding two programs as discussed below.

On July 15, 2010, the Department of Commerce (``Department'') published Silicon Metal from the People's Republic of China: Preliminary Results and Preliminary Rescission, in Part, of Antidumping Duty Administrative Review, 75 FR 41143 (July 15, 2010) (``Preliminary Results''). The period of review (``POR'') is June 1, 2008, through May 31, 2009. The Department received a timely request from Petitioner, Globe Metallurgical Inc. (``Globe''), in accordance with 19 CFR 351.213(b), for an administrative review of the antidumping duty order on silicon metal from the People's Republic of China (``PRC'') for three companies: Datong Jinneng Industrial Silicon Co., Ltd. (``Datong Jinneng''),\1\ Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi Gangyuan''),\2\ and Shanghai Jinneng International Trade Co., Ltd. (``Shanghai Jinneng''). The Department also received a timely request from Shanghai Jinneng and Datong Jinneng (Shanghai Jinneng's affiliated producer of subject merchandise) for an administrative review of Shanghai Jinneng. On July 29, 2009, the Department published a notice of initiation of an antidumping duty administrative review on silicon metal from the PRC, in which we initiated a review of Datong Jinneng, Jiangxi Gangyuan, and Shanghai Jinneng.\3\ In the Preliminary Results, the Department preliminarily rescinded this review with respect to Jiangxi Gangyuan and Datong Jinneng \4\ because they certified that they had no shipments and we found no indication through our examination of U.S. Customs and Border Protection (CBP) data that there were any shipments of subject merchandise by these parties during the POR. The Department has not obtained any evidence to contradict this preliminary finding, and no interested parties commented on the finding. Accordingly, we are rescinding the review with respect to Datong Jinneng and Jiangxi Gangyuan. Consequently, the administrative review covers one respondent, Shanghai Jinneng.

The Department of Commerce (``Department'') published its preliminary results of the 2007-2008 deferred and 2008-2009 administrative reviews of the antidumping duty order on folding metal tables and chairs (``FMTCs'') from the People's Republic of China (``PRC'') on July 14, 2010.\1\ The periods of review (``POR'') are June 1, 2007, through May 31, 2008, for the deferred administrative review, and June 1, 2008, through May 31, 2009, for the administrative review. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results. The final dumping margins for these reviews are listed in the ``Final Results of Review'' section below.

The Department of Commerce (the Department) is currently conducting an administrative review of the antidumping duty order on hand trucks and parts thereof (hand trucks) from the People's Republic of China (PRC) covering the period of review (POR) of December 1, 2008, through November 30, 2009. We preliminarily determine that sales made by New-Tec Integration (Xiamen) Co., Ltd. (New-Tec), were not made below normal value (NV). We also preliminarily determine that two companies for which a review was requested had no shipments during the POR, and therefore we intend to rescind the review with respect to them. Furthermore, we determine that three companies for which a review was requested have not been responsive, and thus have not demonstrated entitlement to a separate rate. As a result, we have preliminarily determined that they are part of the PRC-wide entity, and continue to be subject to the PRC-wide entity rate. We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a summary of the argument.

On August 9, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip (S4) in coils from Mexico. See Stainless Steel Sheet and Strip in Coils From Mexico; Preliminary Results of Antidumping Duty Administrative Review, 75 FR 47780 (August 9, 2010) (Preliminary Results). This review covers sales of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V. (Mexinox) for the period July 1, 2008, to June 30, 2009. Based on our analysis of the comments received, we have made changes to the margin calculation; therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of drill pipe from the People's Republic of China (the PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.