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

The Office of Competition and Economic Analysis, International Trade Administration, U.S. Department of Commerce, received an application for an Export Trade Certificate of Review (``Certificate'') on February 3, 2011. This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between July 1, 2010, and September 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 September 30, 2010. We intend to publish future lists after the close of the next calendar quarter.

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January 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.

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 initiating a changed-circumstances review of the antidumping duty order on ball bearings and parts thereof from Germany with respect to Schaeffler Technologies GmbH & Co. KG (Schaeffler Technologies).

On February 11, 2011, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively ``Mexinox'') 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. Panel Review was requested of the final determination of the U.S. Department of Commerce's International Trade Administration regarding Stainless Steel Sheet and Strip in Coils from Mexico. This determination was published in the Federal Register (76 FR 2332), on January 13, 2011. The NAFTA Secretariat has assigned Case Number USA- MEX-2011-1904-01 to this request.

On August 16, 2010, the Department of Commerce (``Department'') published the Preliminary Results of the first administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') 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 calculation for the final results. We find that the participating respondents in this review, the two mandatory respondents Fuwei Films (Shandong) Co., Ltd. (``Fuwei Films''), Shaoxing Xiangyu Green Packing Co., Ltd. (``Green Packing''), and Tianjin Wanhua Co., Ltd. (``Wanhua'') (collectively, ``Respondents''), sold subject merchandise at less than normal value during the period of review (``POR''), November 6, 2008, through October 31, 2009.

On August 16, 2010, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from Taiwan. See Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 49902 (August 16, 2010) (Preliminary Results). The review was requested by DuPont Teijin Films, Mitsubishi Polyester Film of America, SKC, Inc., and Toray Plastics (America), Inc. (collectively, Petitioners). This review covers the following producers/exporters of the subject merchandise: Nan Ya Plastics Corporation, Ltd. (Nan Ya), and Shinkong Synthetic Fibers Corporation (SSFC) and Shinkong Materials Technology Co., Ltd. (SMTC) (collectively, Shinkong). The period of review (POR) is July 1, 2008, through June 30, 2009. Based on the results of our analysis of the comments received, we have made changes to the preliminary results, which are discussed in the ``Changes Since the Preliminary Results'' section, below. For the final dumping margins, see the ``Final Results of Review'' section, below.

The Department of Commerce (``the Department'') requests public comment on the means by which it can best capture the cost of labor in its wage rate methodology in antidumping proceedings involving non-market economy (``NME'') countries. As part of this process, the Department invites comments on the interim methodology for determining a surrogate value for wage rates that is currently being applied in antidumping proceedings for companies in NME countries.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or information collections, as required by the Paperwork Reduction Act of 1995.

On January 19, 2011, the Department of Commerce (``Department'') published the final results of the antidumping duty administrative review of silicon metal from the People's Republic of China (``PRC''). See Silicon Metal From the People's Republic of China: Final Results and Partial Rescission of the 2008-2009 Administrative Review of the Antidumping Duty Order, 76 FR 3084 (January 19, 2011) (``Final Results''). The period of review is June 1, 2008, through May 31, 2009. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margin for Shanghai Jinneng International Trade Co., Ltd. (``Shanghai Jinneng'') pursuant to section 751(h) of the Tariff Act of 1930, as amended (``the Act'').

On January 25, 2011, the United States Court of International Trade (CIT) sustained the Department of Commerce's (``the Department's'') results of redetermination pursuant to the CIT's remand in Essar Steel Limited v. United States, 721 F. Supp. 2d 1285 (CIT 2010) (``Essar I''). See Essar Steel Limited v. United States, Slip Op. 11-10, Court No. 09-197 (January 25, 2011) (``Essar II''); see also Final Results of Redetermination Pursuant to Court Remand, dated October 28, 2010 (``Remand Redetermination'') (found at https:// ia.ita.doc.gov/remands). 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 (CAFC 2010) (``Diamond Sawblades''), the Department is notifying the public that the final CIT 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 countervailing duty order on certain hot-rolled carbon steel flat products (``HRCS'') from India covering the January 1, 2007, through December 31, 2007, period of review (``POR''). See Certain Hot-Rolled Carbon Steel Flat Products from India: Final Results and Partial Rescission of Countervailing Duty Administrative Review, 74 FR 20923 (May 6, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum (``I&D Memorandum'').

This notice sets forth the schedule and proposed agenda of a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC).

In response to requests from interested parties, the Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). The period of review (``POR'') is January 1, 2009 through December 31, 2009. This administrative review covers multiple exporters of the subject merchandise, one of which is being individually examined as a ``mandatory respondent.'' We have preliminarily determined that the mandatory respondent, Huafeng Furniture Group Co., Ltd. (``Huafeng''), made sales to the United States at prices below normal value (``NV''). Nine companies failed to provide separate rate information and thus did not demonstrate that they are entitled to a separate rate, and have been treated as part of the PRC-wide entity. Additionally, 31 separate rate applicants (including Huafeng) have demonstrated that they are entitled to a separate rate and have been assigned the dumping margin calculated for the mandatory respondent. 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 the importer-specific assessment rates are above de minimis. 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 brief summary of the argument. We intend to issue the final results of this review no later than 120 days from the date of publication of this notice.

The Department of Commerce (``Department'') is extending the time limit for the preliminary results of the administrative review of certain polyester staple fiber from the People's Republic of China (``PRC''). This review covers the period June 1, 2009, through May 31, 2010.

The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on certain hot- rolled carbon steel flat products (hot-rolled steel) from Brazil for the period January 1, 2009, through December 31, 2009. Since Nucor Corporation (Nucor) was the only party that requested a review of Usinas Siderurgicas de Minas Gerais, S.A. (USIMINAS) and Companhia Siderurgica Paulista, S.A. (COSIPA), the only producers/exporters subject to review, this notice also serves to rescind the entire administrative review. This rescission is based on Nucor's timely withdrawal of its request for review.

On October 1, 2010, the Department of Commerce (the Department) initiated the third sunset reviews of the antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, Japan, Taiwan, Thailand, and the People's Republic of China (PRC), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Review, 75 FR 60731 (October 1, 2010) (Notice of Initiation). The Department has conducted expedited (120-day) sunset reviews of these orders. 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 as indicated in the ``Final Results of Reviews'' section of this notice.

On December 27, 2010, the Department of Commerce (the Department) published its final results of the thirteenth administrative review of the antidumping duty order on certain pasta from Italy for the period of review (POR) of July 1, 2008, through June 30, 2009. See Certain Pasta from Italy: Notice of Final Results of the Thirteenth Antidumping Duty Administrative Review, 75 FR 81212 (December 27, 2010) (Final Results). We are amending our final results to correct ministerial errors made in the calculation of the dumping margin for Pastificio Attilio Mastromauro-Pasta Granoro S.r. L. (Granoro), pursuant to section 751(h) of the Tariff Act of 1930, as amended (the Act).