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

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

The Department of Commerce (the Department) has received a request for a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating an antidumping duty NSR of Zhangzhou Long Mountain Foods Co., Ltd. (Long Mountain). The period of review (POR) of this NSR is February 1, 2010, through January 31, 2011.

The Department of Commerce (the ``Department'') is extending the time limit for the preliminary results of the new shipper review of uncovered innerspring units (``innersprings'') from the People's Republic of China (``PRC''). The period of review for this review is February 1, 2010-July 31, 2010.

On March 18, 2011, Maquilacero S.A. de C.V. 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 U.S. Department of Commerce's final determination regarding Light-Walled Rectangular Pipe and Tube from Mexico, Final Results of 2008-2009 Antidumping Duty Administrative Review. This determination was published in the Federal Register (76 FR 9547), on February 18, 2011. The NAFTA Secretariat has assigned Case Number USA-MEX-2011-1904-02 to this request.

The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2010, through December 31, 2010 based on a timely withdrawal of the sole request for review.

The Manufacturing Council will hold a meeting to discuss competitiveness, energy issues, export/import issues and workforce development issues affecting the U.S. manufacturing sector and to receive briefings from the Departments of Commerce, the Treasury, Labor, and Energy on their activities relating to the U.S. manufacturing sector.

The Department of Commerce (the ``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam (``Vietnam''), received on February 28, 2011, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is February 1, 2010-January 31, 2011.

On September 15, 2010, the Department of Commerce (``Department'') published the Preliminary Results of the sixth administrative review and sixth new shipper review of the antidumping duty order on certain frozen fish fillets (``frozen fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results and, based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results of these reviews. The final weighted-average margins are listed below in the ``Final Results of the Reviews'' section of this notice. The period of review (``POR'') is August 1, 2008, through July 31, 2009.

On September 14, 2010, the U.S. Department of Commerce (the Department) published the preliminary results of the 2007-2008 administrative review of the antidumping duty order covering Since Hardware (Gunagzhou) Co., Ltd (Since Hardware) on floor-standing, metal-top ironing tables from the People's Republic of China (PRC). See Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 55759 (September 14, 2010) (AR4 Preliminary Results). This review covers one exporter. The period of review (POR) is August 1, 2007, through July 31, 2008. We invited interested parties to comment on the Preliminary Results. Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the Final Results differ from the Preliminary Results. The weighted average dumping margins are listed below in the section entitled ``Final Results of Review''.

The Department of Commerce (``the Department'') proposes to modify our regulations which govern the revocation of antidumping and countervailing duty orders, in whole or in part, and the termination of suspended antidumping and countervailing duty investigations. The modification, if adopted, would eliminate the provision for revocation of an antidumping or countervailing duty order with respect to individual exporters or producers based on those individual exporters or producers having received antidumping margins of zero for three consecutive years, or countervailing duty rates of zero for five consecutive years.

On September 13, 2010, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on laminated woven sacks (``Sacks'') from the People's Republic of China (``PRC''). See Laminated Woven Sacks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 55568 (September 13, 2010) (``Preliminary Results''). 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 continue to find that the mandatory respondent has sold subject merchandise at less than normal value during the period of review (``POR''), January 31, 2008, through July 31, 2009.

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 continuing information collections, as required by the Paperwork Reduction Act of 1995.

In response to a request from an interested party, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order covering certain tin mill products from Japan. The period of review is August 1, 2009, through July 31, 2010. Based on the withdrawal of request from U.S. Steel Corporation (U.S. Steel), we are now rescinding this administrative review.

On March 1, 2011, the United States Court of International Trade (``CIT'') sustained in an unpublished judgment the Department of Commerce's (``the Department'') final results of redetermination as applied to respondent Shenzhen Greening Trading Co., Ltd. (``Greening'') pursuant to the CIT's order granting the Department's voluntary remand request in Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09-00246 (Ct. Int'l Trade April 22, 2010). See Final Results of Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated July 30, 2010, available at https://ia.ita.doc.gov/remands (``Remand Results''); Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09- 00246 (Ct. Int'l Trade March 1, 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, 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 results and is amending the final results of the administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC'') covering the period of review (``POR'') of November 1, 2006, through October 31, 2007 with respect to Greening. See Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 13th Antidumping Duty Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum at Comment 11.

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 magnesium metal 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.

In response to a request from an interested party, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on persulfates from the People's Republic of China (``PRC'') covering the period July 1, 2009, through June 30, 2010. This administrative review covers one producer/exporter of the subject merchandise, i.e., United Initiators (Shanghai) Co., Ltd. (``United Initiators''). We preliminarily determine that United Initiators does not qualify for a separate rate because it did not respond to the Department's request for information; thus, as adverse facts available, we are assigning to United Initiators, as part of the PRC-wide entity, the PRC-wide rate. 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 exported by United Initiators during the period of review (``POR''). We invite interested parties to comment on these preliminary results.