International Trade Administration April 2011 – Federal Register Recent Federal Regulation Documents
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Certain Pasta From Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review
In response to a request from petitioners \1\ to conduct an administrative review of Marsan Gida Sanayi ve Ticaret A.S. (Marsan), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey. The period of review (POR) is July 1, 2009, through June 30, 2010. As discussed below, we preliminarily find that Marsan was not a producer of subject merchandise during the POR. In addition, because the producer of subject merchandise, Birlik Paz. San. ve Tic. A.S. (Birlik), had knowledge that the pasta it produced and sold to Marsan was destined for the United States, we preliminarily determine that Marsan had no reviewable entries during the POR.
Certain Activated Carbon From the People's Republic of China: Preliminary Results of the Third Antidumping Duty Administrative Review, and Preliminary Rescission in Part
The Department of Commerce (``Department'') is conducting the third administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'') for the period April 1, 2009, through March 31, 2010. The Department has preliminarily determined that sales have been made below normal value (``NV'') by the respondents examined in this administrative review. If these preliminary results are adopted in our final results of this review, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the period of review.
Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders
As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty orders on certain frozen warmwater shrimp (shrimp) from Brazil, India, the People's Republic of China (PRC), Thailand, and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to continuation or recurrence of dumping and of material injury to an industry in the United States within a reasonably foreseeable time, the Department is publishing notice of the continuation of these antidumping duty orders.
Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment
The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1 through December 31, 2010.
Laminated Woven Sacks From the People's Republic of China: Initiation of Anti-Circumvention Inquiry
In response to a request from the Laminated Woven Sacks Committee and its individual members, Coating Excellence International, LLC and Polytex Fibers Corporation (collectively ``Petitioners''), the Department of Commerce (``Department'') is initiating an anti- circumvention inquiry to determine whether certain imports are circumventing the antidumping and countervailing duty orders on laminated woven sacks from the People's Republic of China (``PRC'').
Export Trade Certificate of Review
The Office of Competition and Economic Analysis (``OCEA'') of the International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.
Initiation of Antidumping and Countervailing Duty Administrative Reviews
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Termination of the Suspension Agreement on Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation and Notice of Antidumping Duty Order
On March 3, 2011, the Department of Commerce (``the Department'') received a letter from the Ministry of Economic Development (``MED'') of the Russian Federation (``Russia'') dated February 22, 2011, that had been sent to the United States Embassy in Moscow for transmittal to the Department concerning the Agreement Suspending the Antidumping Duty (``AD'') Investigation on Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation (``the Agreement''). In that letter, the MED stated that it was withdrawing from the Agreement. In accordance with Section X.C. of the Agreement, termination of the Agreement shall be effective 60 days after notice of termination of the Agreement is given to the Department. Pursuant to section 734(g) of the Tariff Act of 1930, as amended (``the Act''), the underlying investigation was continued following the signature of the Agreement, resulting in an affirmative determination of dumping resulting in material injury to a domestic industry. Therefore, the Department is terminating the Agreement and issuing an AD order, effective May 2, 2011 (60 days from when the Department received notice of MED's request for termination). The Department also will direct suspension of liquidation to begin on that date.
Civil Nuclear Trade Advisory Committee Public Meeting
This notice sets forth the schedule and proposed agenda of a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC).
New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review
The Department of Commerce (the Department) has conducted an administrative review of Hebei Starbright Tire Co., Ltd. (Starbright) under the countervailing duty order on certain new pneumatic off-the- road tires (OTR Tires) from the People's Republic of China (PRC) for the period December 17, 2007, through December 31, 2008. Following the preliminary results, we received comments from Starbright, Titan Tire Corporation (Titan), the petitioner in the original investigation, and Bridgestone Americas, Inc. and Bridgestone Americas Tire Operations, LLC (collectively Bridgestone), a domestic interested party in the original investigation. Based on our analysis of the comments, we have determined that no changes should be made in these final results. We determine that subsidies are being provided to Starbright for the production and export of OTR Tires from the PRC. The subsidy rate is set forth in the Final Results of Review section below.
Certain Frozen Warmwater Shrimp From Brazil, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision
On April 14, 2010, the U.S. Court of International Trade (``CIT'') sustained the remand redetermination \1\ issued by the Department of Commerce (``Department'') pursuant to the CIT's remand order involving the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People's Republic of China (``PRC''), Thailand, and the Socialist Republic of Vietnam (``Vietnam'').\2\ On March 30, 2011, the U.S. International Trade Commission (``ITC'') notified the Department of its final determinations in the five-year (sunset) reviews concerning the antidumping duty orders on frozen warmwater shrimp from Brazil, the PRC, India, Thailand, and Vietnam, in which it found that revocation of these orders would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time to a U.S. industry. The ITC also found the domestic like product to include dusted shrimp. See id. at footnote 22. In light of the CIT's final decision and the ITC's sunset determination, the Department is now issuing amended antidumping duty orders that include dusted shrimp within the scope of the orders.
Certain Lined Paper Products From the People's Republic of China: Notice of Final Results of the Antidumping Duty Administrative Review and Partial Rescission
On October 18, 2010, the U.S. Department of Commerce (``the Department'') published the preliminary results of the third administrative review of the antidumping duty order on certain lined paper products (``CLPP'') from the People's Republic of China (``PRC''). See Certain Lined Paper Products from the People's Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review, 75 FR 63814 (October 18, 2010) (``Preliminary Results''). We invited parties to comment on the Preliminary Results. This review covers the following exporters and/or producer/exporters: Shanghai Lian Li Paper Products Co. Ltd. (``Lian Li''); Hwa Fuh Plastics Co., Ltd./Li Teng Plastics (Shenzhen) Co., Ltd. (``Hwa Fuh/Li Teng''); Leo's Quality Products Co., Ltd./Denmax Plastic Stationery Factory (``Leo/Denmax''); and the Watanabe Group (consisting of Watanabe Paper Products (Shanghai) Co., Ltd. (``Watanabe Shanghai''); Watanabe Paper Products (Linqing) Co., Ltd. (``Watanabe Linqing''); and Hotrock Stationery (Shenzhen) Co., Ltd. (``Hotrock Shenzhen'') (hereafter referred to as ``Watanabe'' or the ``Watanabe Group'' or ``Respondent'')). Based on our analysis of the information and comments we received from Watanabe and petitioner \1\ after the Preliminary Results, we continue to apply adverse facts available (``AFA'') to Watanabe. Further, we are rescinding the review with respect to Lian Li, Hwa Fuh/Li Teng, and Leo/Denmax.
Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations
The Department of Commerce (the Department) proposes to modify its regulation that states that provisional measures during an antidumping or countervailing duty investigation usually take the form of a bonding requirement. The modification, if adopted, would establish that the provisional measures during an antidumping or countervailing duty investigation will normally take the form of a cash deposit.
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Completion of Panel Review
Pursuant to the Order of the Binational Panel dated March 10, 2011, affirming the final remand determination described above, the panel review was completed on April 21, 2011.
Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review
On December 17, 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 the United Arab Emirates. This review covers two producers/ exporters of subject merchandise: JBF RAK LLC (JBF) and FLEX Middle East FZE (FLEX). Based on the results of our analysis of the comments received, we have made changes to the preliminary results, which are discussed below. For the final dumping margins, see the ``Final Results of Review'' section below.
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil: Final Results of Countervailing Duty Administrative Review
On October 7, 2010, the Department of Commerce (Department) issued the preliminary results of administrative review of the countervailing duty order on certain hot-rolled flat-rolled carbon- quality steel products (HRS) from Brazil for the period January 1, 2008, through December 31, 2008. Based on the results of our verification and the analysis of the comments received, the Department has made certain revisions to the subsidy rates for the respondent, Usinas Siderurgicas de Minas Gerais (USIMINAS) and its subsidiary, Companhia Siderurgica Paulista (COSIPA). The final subsidy rate for the reviewed company is listed below in the section entitled ``Final Results of Review.''
Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review
On October 19, 2010, the Department of Commerce (``Department'') published the preliminary results of the 2008-2009 administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC''). See Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 64259 (October 19, 2010) (``Preliminary Results''). The period of review (``POR'') is February 20, 2008, through August 31, 2009. This review covers six exporters. We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made certain changes to our margin calculations for the individually examined respondent, Hebei Starbright Tire Co., Ltd. (``Starbright''). The final dumping margins for this review are listed in the ``Final Results Margins'' section below.
Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Preliminary Results of Antidumping Administrative and Changed-Circumstances Reviews
In response to requests from interested parties, the Department of Commerce (the Department) is conducting administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom for the period May 1, 2009, through April 30, 2010. We have preliminarily determined that sales have been made below normal value by certain companies subject to these reviews. We have also preliminarily determined that Schaeffler Technologies GmbH & Co. KG is the successor- in-interest to Schaeffler KG with respect to the order on ball bearings and parts thereof from Germany. We invite interested parties to comment on these preliminary results. Parties who submit comments in these reviews are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument.
Certain Steel Nails From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
On February 11, 2011, the Department of Commerce (``Department'') received a request on behalf of Mid Continent Nail Corporation (``Petitioner'') for a changed circumstances review and a request to revoke, in part, the antidumping duty order on certain steel nails from the People's Republic of China (``PRC'') with respect to four types of steel nails. Petitioner's request expressed lack of interest in antidumping duty relief from imports of these four specific types of steel nails. In addition to the four physical descriptions of steel nails, Petitioner requested three of the nails include the labels ``roof'' or ``roofing'' on the packaging. The Department is preliminarily not adopting Petitioner's labeling request as an absolute requirement. However, we are preliminarily notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of four specific types of steel nails described below. The Department invites interested parties to comment on these preliminary results.
Certain Polyester Staple Fiber 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 certain polyester staple fiber (PSF) from Taiwan. The period of review is May 1, 2009, through April 30, 2010. This review covers imports of certain PSF from one producer/exporter. We have preliminarily found that sales of the subject merchandise have been made below normal value. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results. We will issue the final results not later than 120 days after the date of publication of this notice.
Lightweight Thermal Paper From Germany: Notice of Final Results of the First Antidumping Duty Administrative Review
On December 23, 2009, the Department of Commerce (``the Department'') published the notice of initiation of this antidumping duty administrative review naming Mitsubishi HiTec Paper Flensburg GmbH, Mitsubishi HiTec Paper Bielefeld GmbH and Mitsubishi International Corporation (``collectively, Mitsubishi'') and Papierfabrik August Koehler AG (``Koehler'') as respondents. As a result of petitioner's withdrawal of its request for review, we rescinded this review, in part, with respect to Mitsubishi.\1\ On December 14, 2010, the Department published the preliminary results of the first administrative review for the antidumping duty order on lightweight thermal paper from Germany.\2\ The review covers one manufacturer/exporter: Koehler. The period of review (POR) is November 20, 2008, through October 31, 2009.
U.S. Travel and Tourism Advisory Board: Meeting of the U.S. Travel and Tourism Advisory Board
This notice sets forth the schedule and agenda for an open meeting of the U.S. Travel and Tourism Advisory Board (Board). The agenda may change to accommodate Board business. The final agenda will be posted on the Department of Commerce Web site for the Board at https://tinet.ita.doc.gov/TTAB/TTAB_Home.html.
Laminated Woven Sacks From the People's Republic of China: Final Results of Second Antidumping Duty Administrative Review
On December 27, 2010, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the second administrative review of the antidumping duty order on laminated woven sacks from the People's Republic of China (``PRC''). See Laminated Woven Sacks From the People's Republic of China: Preliminary Results of the Second Administrative Review, 75 FR 81218 (December 27, 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, no changes have been made for the final results. We continue to find that the PRC- wide entity has sold subject merchandise at less than normal value during the period of review (``POR''), August 1, 2009, through July 31, 2010.
Certain Carbon Steel Butt-Weld Pipe Fittings From Brazil, Japan, Taiwan, Thailand, and the People's Republic of China: Continuation of Antidumping Duty Orders
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). As a result of the determinations by the Department and the International Trade Commission (ITC) that revocation of the antidumping duty orders on carbon steel butt-weld pipe fittings from Brazil, Japan, Taiwan, Thailand, and the PRC would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of these antidumping duty orders.
Certain Lined Paper Products From India: Amended Final Determination of Sales at Less Than Fair Value
On December 13, 2010, the United States Court of Appeals for the Federal Circuit (``CAFC'') affirmed the United States Court of International Trade's (``CIT's'') decision sustaining the Department of Commerce's (``the Department's'') redetermination on remand of the final results of the antidumping duty investigation on certain lined paper products (``CLPP'') from India. See Association of American School Paper Suppliers v. United States, Court No. 2010-1219 (CAFC December 13, 2010) (CAFC Rule 36 affirmance); see also Association of American School Paper Suppliers v. United States, Consol. Court No. 06- 00395, Slip Op. 09-136 (CIT December 10, 2009) (``AASPS, Slip. Op. 09- 136'').\1\ This case arises out of the Department's final determination of sales at less than fair value (``LTFV'') in the antidumping duty investigation of CLPP from India.\2\ As there is now a final and conclusive court decision in this action, the Department is amending the Final Determination and Antidumping Duty Order.\3\
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Extension of Time Limit for Preliminary Results of the Seventh Antidumping Duty Administrative Review
On September 29, 2010, the Department of Commerce (``Department'') published a notice of initiation of antidumping and countervailing duty administrative reviews and requests for revocation in part for certain frozen fish fillets from the Socialist Republic of Vietnam covering the period August 1, 2009, through July 31, 2010. The Department may, however, extend the deadline for completion of the preliminary results of an administrative review to 365 days if it determines it is not practicable to complete the review within the foregoing time period.
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty New Shipper Review
On February 1, 2005, the Department of Commerce (``Department'') published in the Federal Register the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam (``Vietnam'').\1\ The Department is conducting a new shipper review (``NSR'') of the Order, covering the period of review (``POR'') of February 1, 2010, through July 31, 2010. 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.
Diamond Sawblades and Parts Thereof From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review
On March 9, 2011, the Department of Commerce (``Department'') issued its preliminary intent to rescind the new shipper review (``NSR'') of Pujiang Talent Diamond Tools Co., Ltd. (``PTDT'').\1\ We gave interested parties an opportunity to comment on the Preliminary Intent to Rescind and, based upon our analysis of the comments and rebuttal comments received, we continue to determine that PTDT has failed to meet the minimum requirements for entitlement to an NSR.
Purified Carboxymethylcellulose From Mexico: Notice of Preliminary Results of Antidumping Duty Administrative Review
In response to a request from petitioner Aqualon Company, a unit of Hercules Incorporated (Aqualon), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from Mexico. The review covers exports of the subject merchandise to the United States produced and exported by Quimica Amtex S.A. de C.V. (Amtex); the period of review (POR) is July 1, 2009, through June 30, 2010. We preliminarily find that Amtex has made sales at less than normal value (NV) during the POR. 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 based on differences between the export price (EP) or constructed export price (CEP) and NV. Interested parties are invited to comment on these preliminary results. Parties who submit arguments in this proceeding are requested to submit with the arguments: (1) A statement of the issues, (2) a brief summary of the arguments, and (3) a table of authorities.
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