International Trade Administration September 2022 – Federal Register Recent Federal Regulation Documents

Based on a request from Shenzhen Hello Tech Energy Co., Ltd. (Hello Tech), the U.S. Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) to consider the possible revocation, in part, of the antidumping duty (AD) and countervailing duty (CVD) orders on certain crystalline silicon photovoltaic products (solar products) from the People's Republic of China (China) with respect to certain off-grid small portable crystalline silicon photovoltaic (CSPV) panels as described below.

The U.S. Department of Commerce (Commerce) preliminarily determines that imports of dual-piston engines with a single, common combustion chamber, of the type designed by FNA Group, Inc. (FNA), produced in and exported from the People's Republic of China (China) constitute later-developed merchandise that circumvent the antidumping duty (AD) and countervailing duty (CVD) orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from China. Commerce also preliminarily determines that this affirmative circumvention finding should be applied on a country-wide basis.

The U.S. Department of Commerce (Commerce) determines that imports of oil country tubular goods (OCTG) from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2020, through September 30, 2021.

The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of oil country tubular goods (OCTG) from the Russian Federation (Russia). The period of investigation is January 1, 2020, through December 31, 2020.

The U.S. Department of Commerce (Commerce) determines that imports of oil country tubular goods (OCTG) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation October 1, 2020, through September 30, 2021.

The U.S. Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce's regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of August 2022.

The U.S. Department of Commerce (Commerce) has received a covered merchandise referral from U.S. Customs and Border Protection (CBP) in connection with a CBP investigation concerning alleged evasion of the antidumping duty (AD) order on certain carbon steel butt-weld pipe fittings (butt-weld pipe fittings) from the People's Republic of China (China). Commerce is initiating a covered merchandise inquiry to determine whether the merchandise described in the referral is subject to the AD order on butt-weld pipe fittings from China. Interested parties are invited to comment and submit factual information addressing this initiation.

The U.S. Department of Commerce (Commerce) is terminating the changed circumstances review (CCR) under the antidumping duty (AD) investigation of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia), in which Commerce was examining whether Russia has remained a market economy (ME) country for purposes of the AD law. The examination of whether Russia has remained an ME country for purposes of the AD law is now being continued within the context of the emulsion styrene-butadiene rubber (ESBR) investigation from Russia.

This notice sets forth the schedule and proposed topics of discussion for the upcoming public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee).

The U.S. Department of Commerce (Commerce) determines that sales of diffusion-annealed, nickel-plated flat-rolled steel products (nickel-plated steel products) from Japan have been made at less than normal value by Toyo Kohan Co., Ltd. (Toyo Kohan) during the period of review (POR), May 1, 2020, through April 30, 2021.

The U.S. Department of Commerce (Commerce) published notice in the Federal Register of June 3, 2022, in which Commerce announced the amended final results of the 2015-2016 administrative review of the antidumping duty (AD) order on certain passenger vehicle and light truck tires (passenger tires), following a final decision by the U.S. Court of International Trade which was not in harmony with the underlying final results of that review. In that notice, Commerce incorrectly labeled the headers of two tables setting forth the weighted-average dumping margins applicable in the amended final results as ``Producer/Exporter,'' instead of labeling them as ``Exporter.'' In addition, Commerce incorrectly separated certain entities in the first table, instead of listing them together. We are correcting these inadvertent errors with this notice, as described below.

In accordance with Presidential Proclamation 10414 and pursuant to its authority under section 318(a) of the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is issuing this final rule to implement Proclamation 10414. Specifically, Commerce is issuing a new rule that, in the event of an affirmative preliminary or final determination in the antidumping and countervailing duty (AD/CVD) circumvention inquiries described below, under Title VII of the Act, extends the time for, and waives, the suspension of liquidation, the application of certain AD/CVD duties, and the collection of cash deposits on applicable entries of certain crystalline silicon photovoltaic cells, whether or not assembled into modules, that are completed in the Kingdom of Cambodia (Cambodia), Malaysia, the Kingdom of Thailand (Thailand), and the Socialist Republic of Vietnam (Vietnam) using parts and components manufactured in the People's Republic of China (China), and that are not already subject to an antidumping or countervailing duty order.

The U.S. Department of Commerce (Commerce) preliminarily determines that certain stainless steel sheet and strip (SSSS) of Chinese-origin that has undergone further processing in the Socialist Republic of Vietnam (Vietnam) is merchandise covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on SSSS from the People's Republic of China (China). Additionally, Commerce preliminarily determines that SSSS that is completed in Vietnam using certain non-subject stainless steel flat-rolled inputs sourced from China, is circumventing the AD/CVD orders on SSSS from China. As a result, SSSS of Chinese-origin that has undergone further processing or completion in Vietnam will be subject to suspension of liquidation effective May 15, 2020. We invite interested parties to comment on these preliminary determinations.

On September 17, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Thai Steel Pipe Public Company Ltd. v. United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II), sustaining the U.S. Department of Commerce's (Commerce) final results of redetermination pertaining to the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand covering the period of review (POR) March 1, 2017, through February 28, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results of review with respect to the weighted- average dumping margin assigned to Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai).

The U.S. Department of Commerce (Commerce) determines that certain producers/exporters of narrow woven ribbons with woven selvedge (ribbons) from the People's Republic of China (China) received countervailable subsidies during the period of review (POR) January 1, 2020, through December 31, 2020.

A Request for Panel Review was filed on behalf of the Government of Canada, the Governments of Alberta, British Columbia, New Brunswick, Ontario, and Qu[eacute]bec; Alberta Softwood Lumber Trade Council, British Columbia Lumber Trade Council, Conseil de l'industrie foresti[egrave]re du Qu[eacute]bec, and Ontario Forest Industries Association; Canfor Corporation, Fontaine, Inc., Mobilier Rustique (Beauce) Inc., J.D. Irving, Limited, Resolute FP Canada Inc., Tolko Marketing and Sales Ltd. and Tolko Industries Ltd., Gilbert Smith Forest Products, and West Fraser Mills Ltd. with the United States Section of the USMCA Secretariat on September 8, 2022, pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. International Trade Administration's Final Results in the 2020 Countervailing Duty Administrative Review of Certain Softwood Lumber from Canada, which was published in the Federal Register on August 9, 2022. The USMCA Secretariat has assigned case number USA-CDA-2022- 10.12-03 to this request.

The U.S. Department of Commerce (Commerce) published a notice in the Federal Register on August 2, 2022, for the preliminary results and partial recission of the 2020-2021 administrative review of the antidumping duty order on certain pasta (pasta) from Italy. Commerce is amending its partial rescission due to an incorrect name.

The U.S. Department of Commerce (Commerce) preliminarily finds that large power transformers from the Republic of Korea were not sold in the United States at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.

On August 25, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel), sustaining the Department of Commerce (Commerce)'s final results of redetermination pertaining to the scope ruling for the antidumping duty (AD) order on circular welded carbon steel pipes and tubes (CWP) from Thailand. In the redetermination, Commerce found that dual-stenciled standard pipe and line pipe are outside the scope of the order, pursuant to the CIT's remand order in Saha Thai Steel Pipe Public Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021) (Remand Order). Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final scope ruling, and that Commerce is amending the scope ruling to find that dual-stenciled standard pipe and line pipe are outside the scope of the order.

The U.S. Department of Commerce (Commerce) published a notice in the Federal Register on July 7, 2022, in which Commerce announced the final results, and partial rescission, of the 2019 administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (solar cells) from the People's Republic of China (China). This notice inadvertently included two companies in Appendix III, which is a list of companies for which Commerce rescinded the review, instead of listing them in Appendix II, which is a list of ``Non-Selected Companies Under Review.'' We also incorrectly titled Appendix III ``Intent to Rescind Review, In Part,'' instead of ``Rescission of Review, In Part.'' Further, Commerce also published a notice in the Federal Register of August 15, 2022, in which Commerce amended the final results of the administrative review. In this notice, Commerce also inadvertently did not list the same two companies as ``Non- Selected Companies Under Review'' in the appendix. We are correcting these inadvertent errors with this notice, as described below.

The U.S. Department of Commerce (Commerce) preliminarily finds that Hangzhou Ailong Metal Products Co., Ltd. (Ailong) made sales of subject merchandise at prices below normal value (NV). The period of review (POR) is August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.

The U.S. Department of Commerce (Commerce) determines that carbon and alloy steel threaded rod (steel threaded rod) from India is not being sold in the United States at below normal value. The period of review (POR) is September 25, 2019, through March 31, 2021.

On August 26, 2022, the U.S. Court of International Trade (the Court or CIT) issued its final judgment in SeAH Steel Corp. v. United States, Consol. Court No. 19-00086, Slip Op. 22-100, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) covering the period September 1, 2016, through August 31, 2017. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margins assigned to NEXTEEL Co., Ltd. (NEXTEEL), SeAH Steel Corporation (SeAH), and the non-individually examined companies who are party to the litigation.

Pursuant to provisions of the Federal Advisory Committee Act, the Department of Commerce (the Department) announces the renewal of the Civil Nuclear Trade Advisory Committee (CINTAC or ``Committee'') and requests nominations for membership. The purpose of the CINTAC is to provide advice to the Secretary of Commerce regarding the development and administration of programs to expand U.S. exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, which will be used by the Department in its role as a member of the Civil Nuclear Trade Working Group of the Trade Promotion Coordinating Committee and of the TeamUSA interagency group to promote U.S. civil nuclear trade.