International Trade Administration August 2012 – Federal Register Recent Federal Regulation Documents

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 large power transformers from the Republic of Korea (Korea).

On July 18, 2012, the Department of Commerce (``the Department'') published a notice of initiation and preliminary results of a changed circumstance review and intent to revoke, in part, the antidumping duty (``AD'') order of certain cased pencils from the People's Republic of China (``PRC''). The final results do not differ from the preliminary results of review, and we are revoking the order, in part, with respect to novelty drumstick pencils. This partial revocation is effective June 1, 2011.

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

On August 21, 2012, the U.S. Trade Representative (``USTR'') instructed the Department of Commerce (``Department'') to implement its determinations under section 129 of the Uruguay Round Agreements Act (``URAA'') regarding the antidumping and countervailing duty investigations on certain new pneumatic off-the-road tires (``OTR Tires'') from the People's Republic of China (``PRC''), circular welded carbon quality steel pipe (``CWP'') from the PRC, laminated woven sacks (``Sacks'') from the PRC, and light-walled rectangular pipe and tube (``LWRPT'') from the PRC, which renders them not inconsistent with the World Trade Organization (``WTO'') dispute settlement findings in United StatesDefinitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/AB/R (March 11, 2011) (``DS 379''). The Department issued its final determinations in these section 129 proceedings on July 31, 2012.\1\ The Department is now implementing these final determinations.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings and anticircumvention determinations completed between April 1, 2012, and June 30, 2012. We intend to publish future lists after the close of the next calendar quarter.

On October 24, 2011, the Department of Commerce (Department) published in the Federal Register its preliminary results of the administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (PRC), covering the period January 1, 2010 through December 31, 2010.\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based on the analysis of the record and the comments received, the Department is rescinding the review with respect to Tube-Smith Enterprises (ZhangZhou) Co., Ltd., Tube-Smith Enterprise (Haimen) Co., Ltd., and Billionworth Enterprise, Ltd. (collectively, Tube-Smith).

The Department of Commerce, International Trade Administration (ITA) is requesting nominations for memberships on the Environmental Technologies Trade Advisory Committee (ETTAC). The ETTAC was established under the Federal Advisory Committee Act, 5 U.S.C. App., and pursuant to Section 2313(c) of the Export Enhancement Act of 1988, as amended, 15 U.S.C. 4728(c). ETTAC was first chartered on May 31, 1994. ETTAC advises the Environmental Trade Working Group (ETWG) of the Trade Promotion Coordinating Committee (TPCC), through the Secretary of Commerce in his capacity as Chairman of the TPCC. ETTAC advises on the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements. The Department of Commerce anticipates rechartering ETTAC for a new two-year term in October 2012, and is seeking nominations for membership on the ETTAC for the new charter term.

On January 22, 2008, the Department of Commerce (the Department) signed the current antidumping suspension agreement on fresh tomatoes with growers/exporters of Mexican tomatoes accounting for substantially all (i.e., not less than 85 percent) of Mexico's tomato exports to the United States. The agreement covers all fresh or chilled tomatoes of Mexican origin, except tomatoes that are for processing. On June 22, 2012, the U.S. petitioners in the underlying suspended antidumping duty investigation (i.e., the Florida Tomato Exchange, the Florida Tomato Growers Exchange, the Florida Fruit and Vegetable Association, the Florida Farm Bureau Federation, the Gadsen County Tomato Growers Association, Inc., the South Carolina Tomato Association, Inc., and the Ad Hoc Group of Florida, California, Georgia, Pennsylvania, South Carolina, Tennessee, and Virginia Tomato Growers (collectively, the petitioners)) filed a request for withdrawal of the petition and termination of the investigation and the suspension agreement.\1\ For the reasons stated in this notice, the Department is initiating a changed circumstances review of the suspended investigation. Interested parties are invited to submit comments for the Department's consideration.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain small diameter carbon and alloy seamless standard, line and pressure pipe from Romania. The review covers one producer/exporter of the subject merchandise, ArcelorMittal Tubular Products Roman S.A. (AMTP). The period of review (POR) is August 1, 2010, through July 31, 2011. We preliminarily determine that AMTP did not sell the subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results.

Pursuant to the Notice of Motion requesting termination of the panel review by a participant and consented to by all the participants, the panel review is terminated as of August 9, 2012. A panel has not been appointed to this panel review. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated.

On April 12, 2012, the U.S. Department of Commerce (``the Department'') published the preliminary results of the administrative review of the antidumping duty order on saccharin from the People's Republic of China (``PRC'') for the period of review (``POR'') July 1, 2010, through June 30, 2011.\1\ We invited interested parties to comment on the preliminary results but received no comments. Therefore, our final results remain unchanged from the preliminary results of review.

On July 31, 2012, the United States Court of International Trade (CIT) affirmed the Department of Commerce's (the Department's) results of third redetermination pursuant to the CIT's remand in Atar, S.r.l. v. United States, 791 F. Supp. 2d 1368 (CIT 2011) (Atar III).\1\

The Department of Commerce (``the Department'') continues to determine that certain small diameter graphite electrodes (``SDGE'') are being exported from the United Kingdom (``U.K.'') to the United States by UK Carbon and Graphite Co., Ltd. (``UKCG'') in circumvention of the antidumping duty order on SDGE from the People's Republic of China (``PRC''),\1\ as provided in section 781(b) of the Tariff Act of 1930, as amended (``the Act'').

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 stainless steel bar from Brazil, India, Japan, and Spain 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 orders.

On December 28, 2010, the Department initiated an administrative review of the antidumping duty order on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (the PRC). The period of review is January 23, 2009, through October 31, 2010. The Department is rescinding this review in part.

In response to requests from Aqualon Company, a division of Hercules Inc., (Petitioner) and respondents CP Kelco Oy and CP Kelco U.S., Inc. (collectively, CP Kelco), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from Finland. The review covers exports of the subject merchandise to the United States produced by CP Kelco. The period of review (POR) is July 1, 2010, through June 30, 2011. We preliminarily find that CP Kelco 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.

On July 25, 2012, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``Department'') results of redetermination, which construed the scope of the Order \1\ as including steel nails found within Target Corporation's toolkits from the People's Republic of China (``PRC''), pursuant to the CIT's remand order in Mid Continent Nail Corp. v. United States, Slip Op. 12- 31, Court No. 10-00247 (March 7, 2012) (``Mid Continent II''). See May 14, 2012 ``Final Results of Second Remand Redetermination Pursuant To Remand Order'' (second remand redetermination); Mid Continent Nail Corp. v. United States, Slip Op. 12-97, Court No. 10-00247 (July 25, 2012) (``Mid Continent III''). 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 certain steel nails from the PRC contained within toolkits. See Final Scope Ruling: Certain Steel Nails from the People's Republic of China, Request by Target Corporation, Memorandum from James C. Doyle, Director Office 9, to Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, dated August10, 2010 (``Final Scope Ruling'').

On April 2, 2012, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on certain welded carbon steel standard pipe from Turkey for the January 1, 2010, through December 31, 2010, period of review (POR).\1\ The Department preliminarily found that the following producers/exporters of subject merchandise covered by this review had de minimis net subsidy rates for the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), (collectively, Toscelik).\2\ The Department has now completed the administrative review in accordance with section 751(a) of the Tariff of 1930, as amended (the Act). Based on our analysis of comments received, the Department has not revised the net subsidy rate for Borusan and Toscelik. Further discussion of our analysis of the comments received is provided in the accompanying issues and decision memorandum.\3\ The final net subsidy rate for Borusan and Toscelik is listed below in the ``Final Results of Review'' section.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain pasta (pasta) from Turkey for the period of review (POR) July 1, 2010, through June 30, 2011. The Department initiated the review covering TAT Makarnacilik Sanayi ve Ticaret A.S. (TAT) and Marsan Gida Sanayi ve Ticaret A.S (Marsan) and its claimed affiliates Birlik Pazarlama Sanayi ve Ticaret A.S. (Birlik), Bellini Gida Sanayi A.S. (Bellini), and Marsa Yag Sanayi ve Ticaret A.S. (Marsa Yag). We preliminarily determine that during the POR, TAT did not sell subject merchandise at less than normal value (NV). In addition, we preliminarily determine that Birlik, Bellini, and Marsan did not sell subject merchandise at less than NV. 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 antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. See ``Preliminary Results of Review'' section of this notice.

As discussed below, the U.S. Department of Commerce (``the Department'') preliminarily determines that Dongtai Peak Honey Industry Co., Ltd. (``Peak'') failed to cooperate to the best of its ability and is, therefore, applying adverse facts available (``AFA''). If these preliminary results are adopted in the final results of review, the Deparment will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'').

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 2, 2012, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on certain small diameter seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from Germany pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Review, 77 FR 19643 (April 2, 2012) (Sunset Initiation). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of a domestic interested party, and no response from a respondent interested party, the Department conducted an expedited (120-day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping. The magnitude of dumping likely to prevail if the order were revoked is identified in the ``Final Results of Review'' section of this notice.

We preliminarily determine that large residential washers (washers) from the Republic of Korea (Korea) are being sold, or are likely to be sold, in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). Interested parties are invited to comment on this preliminary determination. Because we are postponing the final determination, we will make our final determination not later than 135 days after the date of publication of this preliminary determination in the Federal Register.