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

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between October 1, 2010, and December 31, 2010. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of December 31, 2010. We intend to publish future lists after the close of the next calendar quarter.

On December 21, 2010, the Department of Commerce (the Department) issued the preliminary results of the new shipper review of polyethylene terephthalate film, sheet and strip (PET Film) from India for SRF Limited (SRF), covering the period July 1, 2009, through December 31, 2009 (POR). Based on the results of our analysis of the comments received, we continue to find that the U.S. sale of subject merchandise produced and exported by SRF was bona fide and not sold below normal value (NV). Therefore, the Department will instruct U.S. Customs and Border Protection (CBP) to liquidate entries subject to this review without regard to antidumping duties.

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing a countervailing duty order on aluminum extrusions from the People's Republic of China (``PRC'').

The Department of Commerce (``Department'') preliminarily determines that multilayered wood flooring from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice.

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on aluminum extrusions from the People's Republic of China (``PRC''). On May 13, 2010, the ITC notified the Department of its affirmative determination of material injury by reason of imports of certain aluminum extrusions from the PRC, and its negative determination of material injury, threat of material injury, or that the establishment of an industry is not materially retarded by reason of imports of finished heats sinks from the PRC.

On April 21, 2011, the Department of Commerce (``Department'') published a notice of initiation and the preliminary results of the changed circumstances review with intent to revoke, in part, the antidumping duty order \1\ on certain steel nails from the People's Republic of China (``PRC'') in the Federal Register.\2\ The Department is now revoking the Order, in part, with regard to four specific types of steel nails.

As a result of the determinations by the Department of Commerce and the U.S. International Trade Commission that revocation of the antidumping duty orders on purified carboxymethylcellulose from Finland and the Netherlands would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department of Commerce is publishing a notice of continuation of these antidumping duty orders.

On January 14, 2011, the Department of Commerce (the Department) published its preliminary results of the 2008-2009 administrative review of the antidumping duty order on honey from Argentina. See Honey From Argentina: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 2655 (January 14, 2011) (Preliminary Results). This review covers three mandatory respondents, Compania Inversora Platense S.A., Patagonik S.A., and TransHoney S.A.; all three exporters of honey from Argentina to the United States during the period of review (POR) of December 1, 2008, to November 30, 2009. The final weighted-average dumping margins for the exporters are listed below in the ``Final Results of Review'' section of this notice.

On March 11, 2011, the Department of Commerce (``Department'') published its Preliminary Results for the 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.\1\ We invited interested parties to comment on our Preliminary Results. FMC Corporation (``FMC''), a domestic producer of persulfates and an interested party in this review, commented that it fully supports our Preliminary Results. No other party submitted comments. Therefore, the Preliminary Results are hereby adopted as the final results.

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.

On November 9, 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 steel wire garment hangers 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 calculations for the final results. We continue to find that certain exporters have sold subject merchandise at less than normal value during the period of review (``POR''), March 25, 2008, through November 30, 2009.

On January 13, 2011, the Department of Commerce (``Department'') published the preliminary results of the administrative review of the antidumping duty order on certain cased pencils from the People's Republic of China (``PRC''), covering the period December 1, 2008, through November 30, 2009. We gave interested parties an opportunity to comment on the preliminary results, however we did not receive any comments. As a result, we have not made changes to our margin calculations for the final results of this review. The final dumping margins for this review are listed in the ``Final Results of the Review'' section below.

On February 14, 2011, the U.S. Court of Appeals for the Federal Circuit (CAFC) sustained the U.S. Court of International Trade's (CIT) decision in Saha Thai Steel Pipe (Public) Co., Ltd. v. United States, Consol Ct. 08-00380, Slip Op. 10-1 (Ct. Int'l Trade January 4, 2010) (Saha Thai CIT Decision). See Saha Thai Steel Pipe (Public) Co., Ltd. v. United States, No. 2010-1220, -1224, 2011 U.S. App. Lexis 2811 (Fed. Cir. Feb. 14, 2011) (Saha Thai CAFC Decision). Because all litigation in this matter has now concluded, the Department of Commerce (Department) is amending the final results of the administrative review of the antidumping order on circular welded carbon steel pipes and tubes from Thailand, which covered Saha Thai Steel Pipe (Public) Co., Ltd. (Saha Thai) and the period March 1, 2006, through February 28, 2007. See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review, 73 FR 61019 (October 15, 2008) (Final Results).

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.

On April 21, 2011, in litigation arising out of the Department of Commerce's (``Department'') final determination in the less-than- fair-value (``LTFV'') investigation of certain steel threaded rod (``steel threaded rod'') from the People's Republic of China (``PRC''),\1\ the United States Court of International Trade (``CIT'') sustained the Department's results of redetermination. Pursuant to the CIT's remand order in Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09-00205, Slip Op. 10-128 (November 16, 2010) (``Jiaxing Brother''), the Department found that the financial statements of the Indian company, Rajratan Global Wire Ltd. (``Rajratan''), are an appropriate source of data for calculating the surrogate financial ratios. See Jiaxing Brother Fastener Co., Ltd. v. United States, Consol. Court No. 09-00205, Slip Op. 11-44 (April 21, 2011) (``Jiaxing Brother 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 Determination and is amending its Final Determination and Antidumping Duty Order.

In response to a request for an expedited changed circumstances review from Toray Advanced Materials Korea, Inc. (TAMK), the Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea) 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). We have preliminarily concluded TAMK is the successor-in-interest to Toray Saehan, Inc. (Toray Saehan) and, as a result, should be accorded the same treatment previously given to Toray Saehan with respect to the antidumping duty order on PET film from Korea. Interested parties are invited to comment on these preliminary results.

The Department of Commerce (``Department'') is conducting the first administrative review of the antidumping duty order on certain steel threaded rod (``steel threaded rod'') from the People's Republic of China (``PRC'') for the period of review (``POR'') October 8, 2008, through February 28, 2010. As discussed below, we preliminarily determine that sales have been made below normal value (``NV''). 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.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on frontseating service valves (``FSVs'') from the People's Republic of China (``PRC''), covering the period October 22, 2008 through March 31, 2010. We have preliminarily determined that the mandatory respondents in this administrative review have made sales in the United States at prices below normal value (``NV'') during the period of review (``POR''). None of the remaining respondents provided evidence that they are separate from the state-controlled entity. As a result, they are considered part of the PRC entity. If these preliminary results are adopted in the 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 summary of the argument. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

On January 3, 2011, the Department of Commerce (``the Department'') initiated the third sunset review of the antidumping duty order on paper clips from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notice of intent to participate and adequate substantive response filed by a domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on paper clips from the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Review'' section of this notice, infra.

In response to timely requests, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on magnesium metal from the Russian Federation for the period of review (POR) April 1, 2009, through March 31, 2010. The review covers two respondents, PSC VSMPO-AVISMA Corporation (AVISMA) and Solikamsk Magnesium Works (SMW). The Department preliminarily determines that AVISMA did not make sales to the United States at less than normal value. If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess no antidumping duties on entries by AVISMA during the POR. SMW reported that it had no shipments to the United States during the POR. The preliminary results are listed below in the section titled ``Preliminary Results of Review.''