International Trade Administration 2012 – Federal Register Recent Federal Regulation Documents
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Regulation Strengthening Accountability of Attorneys and Non-Attorney Representatives Appearing Before the Department
The Department of Commerce (the Department) proposes to amend its regulations to add a subsection that strengthens the accountability of attorneys and non-attorney representatives who appear in proceedings before the Import Administration (IA). If this proposed rule is implemented, the Department will continue its long-standing practice of permitting attorneys and non-attorney representatives to appear before IA. The proposed rule provides that both attorneys and non-attorney representatives will be subject to disciplinary action for misconduct based upon good cause. The proposed rule will assist the Department in maintaining the integrity of its proceedings by deterring misconduct by those who appear before it in antidumping duty (AD) and countervailing duty (CVD) proceedings. The Department is requesting comments on the proposed rule as discussed in more detail below.
Small Diameter Graphite Electrodes From the People's Republic of China: Initiation of Anticircumvention Inquiry
In response to a request from SGL Carbon LLC and Superior Graphite Co. (the petitioners), the Department of Commerce (the Department) is initiating an anticircumvention inquiry pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act), to determine under the minor alterations provision whether graphite electrodes with diameters larger than 16 inches but less than 18 inches are products that are ``altered in form or appearance in minor respects'' from in-scope merchandise such that they may be considered subject to the antidumping duty order on small diameter graphite electrodes (SDGEs) from the People's Republic of China (PRC).\1\
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Determination Correction
On May 25, 2012, the Department of Commerce (the ``Department'') published its notice of preliminary determination in the antidumping duty investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells''), from the People's Republic of China (``PRC''). The Department received comments from Delsolar Co., Ltd. and DelSolar (Wujiang) Ltd. (collectively, ``DelSolar'') and JinkoSolar International Limited (``Jinko'') on May 22 and 25, 2012, respectively, concerning errors that the Department made with respect to the names of these companies in the table in the ``Preliminary Determination'' section in the solar cells from the PRC preliminary determination notice.
Export Trade Certificate of Review
The Export Trading Company Affairs (``ETCA'') unit, Office of Competition and Economic Analysis, International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.
Utility Scale Wind Towers From the People's Republic of China: Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination
The Department of Commerce (the Department) is aligning the final determination in the countervailing duty (CVD) investigation of utility scale wind towers (wind towers) from the People's Republic of China (PRC) with the final determination in the companion antidumping duty (AD) investigation.
Methodological Change for Implementation of Section 772(c)(2)(B) of the Tariff Act of 1930, as Amended, In Certain Non-Market Economy Antidumping Proceedings
After consideration of public comments, the Department of Commerce (``the Department'') will implement a methodological change to reduce export price or constructed export price in certain non-market economy (``NME'') antidumping proceedings by the amount of export tax, duty, or other charge, pursuant to section 772(c)(2)(B) of the Tariff Act of 1930, as amended (``the Act'').
Honey From Argentina: Final Results of Antidumping Duty Administrative Review
On January 10, 2012, the Department of Commerce (the Department) published its preliminary results of the 2009-2010 administrative review of the antidumping duty order on honey from Argentina.\1\ The review covers imports of subject merchandise from nine companies. The period of review (POR) is December 1, 2009, through November 30, 2010. The final weighted-average dumping margins for the exporters are listed below in the ``Final Results of Review'' section of this notice.
Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review
On June 5, 2012,\1\ the United States Court of International Trade (``CIT'') or (``Court'') sustained the Department of Commerce's (the ``Department'') results of redetermination \2\ pursuant to the CIT's remand order in Jinan Yipin Corporation, Ltd. and Shandong Heze International Trade and Developing Company, v. United States, 774 F. Supp. 2d 1238 (CIT April 12, 2011) (``Jinan Yipin III 2011'').
Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act: Stainless Steel Plate in Coils From Belgium, Steel Concrete Reinforcing Bars From Latvia, Purified Carboxymethylcellulose From Finland, Certain Pasta From Italy, Purified Carboxymethylcellulose From the Netherlands, Stainless Steel Wire Rod From Spain, Granular Polytetrafluoroethylene Resin From Italy, Stainless Steel Sheet and Strip in Coils From Japan
On June 8, 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 recalculation of cash deposit rates for estimated antidumping duties currently in effect for certain companies, in a manner which renders them not inconsistent with the World Trade Organization (``WTO'') dispute settlement findings in US-Zeroing (EC),\1\ US-Continued Zeroing (EC),\2\ and US-Zeroing (Japan).\3\ The Department issued its determinations in the Final Results of its section 129 proceedings\4\ on June 6, 2012. The Department is now implementing these Final Results.
Hand Trucks From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results
On June 4, 2012, the United States Court of Appeals for the Federal Circuit (``CAFC'') issued its mandate in Qingdao Taifa Group Co. v. United States, 780 F. Supp. 2d 1342 (Fed. Cir. 2012), affirming the Court of International Trade's (``CIT'') or (``Court'') decision in Qingdao Taifa Group Co., Ltd. v. United States, Court No. 08-00245, Slip Op. 11-83 (CIT 2011) sustaining the Department of Commerce's (``the Department'') final results of its third redetermination pursuant to the CIT's remand order in Qingdao Taifa Group Co. Ltd. v. United States, Court No. 08-00245, Slip Op. 10-126 (CIT 2010) (``Remand III'').\1\
Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Colombia Trade Promotion Agreement (U.S.-Colombia TPA)
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.
Environmental Technologies Trade Advisory Committee Public Meeting
This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC).
User Fee Schedule for Trade Promotion Services
The U.S. & Foreign Commercial Service (US&FCS) within the International Trade Administration (ITA) publishes this notice to announce its intent to adjust user fees in light of an independent cost of service study finding, which concluded that the US&FCS is not fully covering its costs for providing trade promotion services under the current fee structure. ITA provides a wide range of trade promotion information and services to U.S. businesses that are exporting or seeking to export. The services considered here are a subset of ITA activities that involve relatively more intensive time engagements with particular client firms; ITA will continue to provide its core information and services without charge. The primary objective of the adjustment to the User Fee Schedule is to ensure that the fees for the more intensive services reflect, to the extent possible, the actual costs incurred by the United States for providing these more intensive trade promotion services. The fee revenue is expected to continue to contribute to ITA's capabilities for assisting U.S. businesses in accessing export markets. In addition, in revising the user fees, the US&FCS proposes to revise the small & medium-sized enterprises (SME) hourly rate discount as well as the SME incentive program piloted in 2008. The US&FCS has historically offered a discount to SME's, defined as those which employ 500 or less persons. Under the User Fee Schedule proposed in this notice, US&FCS will offer a discount of 50 percent per hour to SMEs. The purpose of this notice is to align user fees and authorized activities with actual program costs; and improve our ability to properly recover direct and indirect costs associated with service delivery.
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review
On May 30, 2012, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') results of redetermination pursuant to the CIT's remand order in Amanda Foods (Vietnam) Ltd., et al. v. United States, 807 F. Supp. 2d 1332 (CIT 2011) (``Amanda 2011'').\1\ 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 certain frozen warmwater shrimp from the Socialist Republic of Vietnam covering the period of review (``POR'') of February 1, 2007 through January 31, 2008, with respect to the margins assigned to the following litigants: Amanda Foods (Vietnam) Ltd.; Bac Lieu Fisheries Joint Stock Company; Cadovimex Seafood Import- Export and Processing Joint Stock Company; Cafatex Fishery Joint Stock Corporation; Cam Ranh Seafoods Processing Enterprise Company; Cuulong Seaproducts Company; Danang Seaproducts Import Export Corporation; Minh Hai Export Frozen Seafood Processing Joint Stock Company (``Minh Hai Jostoco''); Minh Hai Joint-Stock Seafoods Processing Company (``Seaprodex Minh Hai''); Minh Hai Sea Products Import Export Company (``Seaprimex Co''); Ngoc Sinh Private Enterprise; Nha Trang Seaproduct Company; Phu Cuong Seafood Processing and Import-Export Co., Ltd.; Sao Ta Foods Joint Stock Company; Soc Trang Aquatic Products and General Import Export Company; and UTXI Aquatic Products Processing Company.\2, 3\
Certain Tin Mill Products From Japan: Continuation of Antidumping Duty Order
As a result of the determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (USITC) that revocation of the antidumping duty order on certain tin mill products from Japan 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 this antidumping duty order.
Brass Sheet and Strip From France: Notice of Rescission of Antidumping Duty Administrative Review
In response to a request from GBC Metals, LLC, of Global Brass and Copper, Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Buffalo, Inc., PMX Industries, Inc., and Revere Copper Products, Inc. (the Petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on brass sheet and strip from France. The period of review is March 1, 2011, through February 29, 2012. Based on the withdrawal of request for review submitted by the Petitioners, we are now rescinding this administrative review.
Fresh Garlic from the People's Republic of China: Final Results of the 2009-2010 Administrative Review of the Antidumping Duty Order
On October 20, 2011, the Department of Commerce (Department) published partial preliminary results of the 2009-2010 administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the two mandatory respondents and five separate rate respondents for the period of review (POR) of November 1, 2009, through October 31, 2010.\1\ Based on the analysis of the comments received and factual records, the Department has made certain changes to the margin calculations for two fully participating mandatory respondents. The changes to the calculations, in turn, results in the changes to the separate rate calculated for the five additional producers/exporters which demonstrated eligibility for separate rate status. The final dumping margins are listed in the ``Final Results of Review'' section below.
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review
On December 7, 2011, the Department of Commerce (the ``Department'') published the preliminary results of the administrative review of the antidumping duty order on circular welded non-alloy steel pipe (``CWP'') from the Republic of Korea (``Korea''). The review covers the period November 1, 2009, through October 31, 2010, and two producers/exporters of the subject merchandise to the United States: SeAH Steel Corporation (``SeAH'') and Hyundai HYSCO (``HYSCO''). Based on our analysis of the comments received from interested parties, we have made changes to the margin calculations. The final weighted- average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''
Honey From the People's Republic of China: Final Rescission of Antidumping Duty Administrative Review
On January 3, 2012, the Department of Commerce (``Department'') published in the Federal Register the preliminary rescission of the ninth administrative review, covering the period December 1, 2009, through November 30, 2010, of the antidumping duty order on honey from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Rescission. After reviewing interested parties' comments, we made no changes for the final rescission of this review.
Foundry Coke Products From the People's Republic of China: Continuation of Antidumping Duty Order
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 foundry coke products 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.
Certain Oil Country Tubular Goods From the People's Republic of China: Preliminary Results of the First Antidumping Duty Administrative Review, Rescission in Part and Intent To Rescind in Part
In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting the first administrative review of the antidumping duty order on oil country tubular goods (``OCTG'') from the People's Republic of China (``PRC''), covering the period May 19, 2010, through April 30, 2011.\1\
Small Diameter Graphite Electrodes From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order and Extension of Final Determination
The Department of Commerce (``Department'') preliminarily determines 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'').
Light-Walled Rectangular Pipe and Tube From Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review
In response to a request from Noksel Celik Boru Sanayi A.S., (Noksel), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Turkey. Atlas Tube, Inc. and Searing Industries, Inc., are petitioners in this case. The review covers exports of the subject merchandise to the United States produced and exported by Noksel. The period of review (POR) is May 1, 2010, through April 30, 2011. We preliminarily find that Noksel did not make sales at less than normal value (NV) during the POR. If these preliminary results are adopted in our final results of this review, we shall instruct U.S. Customs and Border Protection (CBP) to liquidate Noksel's entries subject to this administrative review without regard to antidumping duties and to set the cash deposit rate for Noksel to zero.
Citric Acid and Certain Citrate Salts From the People's Republic of China: Preliminary Results of the Second Administrative Review of the Antidumping Duty Order; and Partial Rescission of Administrative Review
The Department of Commerce (``Department'') is conducting the second administrative review of the antidumping duty order on citric acid and certain citrate salts (``citric acid'') from the People's Republic of China (``PRC''), covering the period May 1, 2010, through April 30, 2011. The Department has preliminarily determined that during the period of review (``POR'') the respondent in this proceeding did not make sales of subject merchandise at less than 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 all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. We will issue 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'').
Utility Scale Wind Towers From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination
The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of utility scale wind towers from the People's Republic of China. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Certain Activated Carbon From the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Order
On March 15, 2012, the Department of Commerce (``the Department'') initiated the first five-year (``sunset'') review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty order, 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 on certain activated carbon from the PRC 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.
Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (Department) is conducting the first administrative review of the antidumping duty order on narrow woven ribbons with woven selvedge (narrow woven ribbons) from Taiwan. The sole mandatory respondent in this administrative review, Hubschercorp, did not respond to the Department's questionnaire. As a result, we have preliminarily assigned Hubschercorp a margin based on adverse facts available (AFA). The period of review (POR) is September 1, 2010, through August 31, 2011. If the preliminary results are adopted in our final results of administrative review, 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 the preliminary results.
Certain Steel Wire Garment Hangers From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination
The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel wire garment hangers (garment hangers) from the Socialist Republic of Vietnam (Vietnam). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Clad Steel Plate from Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
On February 1, 2012, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on clad steel plate from Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate on behalf of the domestic interested party, and no response from respondent interested parties, the Department conducted an expedited (120-day) sunset review for this order pursuant to 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 the continuation or recurrence of dumping.
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Notice of Rescission of Antidumping Duty Administrative Review
In response to a request from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Brazil for the period November 1, 2010, through October 31, 2011. Based on petitioners' withdrawal of its request, we are now rescinding this administrative review.
Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Colombia
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.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke two antidumping duty orders in part.
Stainless Steel Bar From Japan: Initiation and Preliminary Results of Antidumping Duty Changed-Circumstances Review, and Intent To Revoke Order in Part
On February 14, 2012, in accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and section 351.216(b) of the Department of Commerce's (the Department) regulations, Suruga USA Corp. (Suruga), a U.S. importer of subject merchandise, filed a request for a changed-circumstances review of four types of stainless steel bar (SSBar) \1\ that are subject to the antidumping duty order on SSBar from Japan (the Order).
Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Revocation of Order, in Part
On April 16, 2012, the Department of Commerce (the ``Department'') published in the Federal Register a notice of initiation and preliminary results of the antidumping duty (``AD'') changed circumstances review with intent to revoke, in part, the AD order on non-malleable cast iron pipe fittings from the People's Republic of China (``PRC'').\1\ Given that Anvil International and Ward Manufacturing (``Petitioners'') \2\ are no longer interested in seeking antidumping relief from imports of a particular brake fluid tube connector (``connector''), we are revoking this AD order, in part, with regard to this particular connector.
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Affirmative Preliminary Determination of Critical Circumstances
The Department of Commerce (``Department'') preliminarily determines that crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells''), from the People's Republic of China (``PRC'') are being, or are 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.
Final Withdrawal of Regulations Pertaining to Imports of Cotton Woven Fabric and Short Supply Procedures
Import Administration (``IA'') issues this final rule withdrawing regulations pertaining to imports of cotton woven fabric and short supply procedures. Both sets of regulations are obsolete: The tariff quota on cotton woven fabric expired in 2009, and the short supply voluntary restraints have not affected U.S. trade for over 19 years. The removal of these regulations will simplify research into the trade laws and eliminate confusion for both United States importers and foreign exporters.
Uncovered Innerspring Units From the People's Republic of China: Initiation of Anticircumvention Inquiry
In response to a request from Leggett & Platt Incorporated (``Petitioner''), the Department of Commerce (``the Department'') is initiating an anticircumvention inquiry to determine whether certain imports are circumventing the antidumping duty order on uncovered innerspring units from the People's Republic of China (``PRC'').\1\
Welded Large Diameter Line Pipe From Japan: Notice of Rescission of Antidumping Duty Administrative Review
On January 31, 2012, the U.S. Department of Commerce (``the Department'') published a notice of initiation of an administrative review of the antidumping duty order on welded large diameter line pipe from Japan. The review covers five producers/exporters of welded large diameter line pipe from Japan, which are, JFE Steel Corporation, Nippon Steel Corporation, Sumitomo Corporation, Sumitomo Metal Industries, Ltd., and Sumitomo Metals Pipe & Tube Company. Based on a withdrawal of the request for review from United States Steel Corporation (hereafter ``U.S. Steel''), a domestic producer of welded large diameter line pipe, we are now rescinding this administrative review in full.
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