International Trade Administration April 2005 – Federal Register Recent Federal Regulation Documents

Certain In-shell Pistachios From the Islamic Republic of Iran: Preliminary Results of Countervailing Duty Administrative Review
Document Number: E5-1614
Type: Notice
Date: 2005-04-07
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain in-shell (raw) pistachios from the Islamic Republic of Iran (Iran) for the period January 1, 2003, through December 31, 2003. For information on the net subsidy rate for the reviewed company, please see the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results. (See the ``Public Comment'' section of this notice).
Notice of Rescission of Antidumping Duty Administrative Review: Certain In-Shell Raw Pistachios From Iran
Document Number: E5-1613
Type: Notice
Date: 2005-04-07
Agency: Department of Commerce, International Trade Administration
In response to requests from Tehran Negah Nima Trading Company, Inc., trading as Nima Trading Company, Inc. (Nima), an exporter of subject merchandise, California Pistachio Commission (petitioner), and Cal Pure Pistachios, Inc. (Cal Pure), an interested party to this proceeding, the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain in-shell raw pistachios (pistachios) from Iran. No other interested party requested a review of Nima. The period of review (POR) is July 1, 2003, through June 30, 2004. For the reasons discussed below, the Department is rescinding this administrative review.
Glycine From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review
Document Number: E5-1612
Type: Notice
Date: 2005-04-07
Agency: Department of Commerce, International Trade Administration
In response to a request from Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong''), the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). This review covers Baoding Mantong. The period of review (``POR'') is March 1, 2003 through February 29, 2004. We preliminarily find that sales have been made below normal value (``NV''). The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess the ad valorem margins against the entered value of each entry of the subject merchandise during the POR. We invite interested parties to comment on these preliminary results. Parties that submit comments are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument(s).
Notice of Correction to the Amended Final Determination in Accordance With Court Decision in the Antidumping Duty Investigation of Stainless Steel Sheet and Strip in Coils From Taiwan
Document Number: E5-1611
Type: Notice
Date: 2005-04-07
Agency: Department of Commerce, International Trade Administration
On November 17, 2004, the Department of Commerce (``Department'') published an Amended Final Determination in Accordance with Court Decision of the Antidumping Duty Investigation of Stainless Steel Sheet and Strip in Coils From Taiwan, 69 FR 67311 (November 17, 2004) (``Amended Final Determination''). In the Amended Final Determination, the Department announced the incorrect effective date of the exclusion from the antidumping duty order on stainless steel sheet and strip in coils from Taiwan with respect to entries from Tung Mung Development Corporation (``Tung Mung'').
Stainless Steel Bar From Italy: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Rescission of Review
Document Number: E5-1607
Type: Notice
Date: 2005-04-07
Agency: Department of Commerce, International Trade Administration
The Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from Italy. The period of review is March 1, 2003, through February 29, 2004. This review covers imports of stainless steel bar from one producer/ exporter. We have preliminarily found that the respondent in this review did not make shipments of subject merchandise to the United States during the period of review and, therefore, we are preliminarily rescinding this administrative review. In addition, the Department of Commerce has received information sufficient to warrant a successor-in- interest analysis. Based on this information, we preliminarily find that UGITECH S.A. is the successor-in-interest to Ugine-Savoie Imphy S.A. for purposes of determining antidumping duty liability. We invite interested parties to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice.
Stainless Steel Bar from France: Preliminary Results of Antidumping Duty Administrative Review
Document Number: E5-1577
Type: Notice
Date: 2005-04-06
Agency: Department of Commerce, International Trade Administration
In response to a timely request by the petitioners,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from France with respect to UGITECH S.A. (UGITECH). The period of review is March 1, 2003, through February 29, 2004.
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil; Preliminary Results of Antidumping Duty Administrative Review
Document Number: E5-1574
Type: Notice
Date: 2005-04-06
Agency: Department of Commerce, International Trade Administration
In response to a request from Companhia Sider[uacute]rgica Nacional (CSN), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain hot-rolled flat-rolled carbon quality steel products from Brazil (A-351-828). This administrative review covers imports of subject merchandise produced and exported by CSN. The period of review (POR) is March 1, 2003, through February 29, 2004. We preliminarily find that during the POR, CSN did not make sales of the subject merchandise at less than normal value (NV). However, since the subject merchandise was further manufactured in the United States by CSN LLC, and affiliated party, and sold to an unaffiliated U.S. customer as a galvanized product outside the scope of the antidumping order, we intend to verify the further manufacturing costs and sales information reported by CSN LLC for the final results. The briefing schedule will be extended accordingly. 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 liquidate appropriate entries without regard to antidumping duties. Interested parties are invited to comment on these preliminary results, including the Department's analysis regarding the date of sale. Parties who submit argument in this proceeding are requested to submit with the argument: 1) a statement of the issues, 2) a brief summary of the argument, and 3) a table of authorities.
Separate Rates and Combination Rates in Antidumping Investigations involving Non-Market Economy Countries
Document Number: E5-1541
Type: Notice
Date: 2005-04-05
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is instituting two modifications in its non-market economy (``NME'') practice in antidumping investigations: one on separate rates and one on combination rates. The separate rates practice refers to the Department's long-standing policy in antidumping investigations of presuming that all firms within an NME country are subject to government control and thus should all be assigned a single rate unless a respondent can demonstrate an absence of both de jure and de facto control over its export activities. For firms that qualify for separate rate status, the Department assigns the respondent its own individually calculated rate or, in the case of a non-investigated firm, a rate based upon the weighted-average of the rates of the investigated companies, excluding any rates that are zero, de minimis, or based entirely on facts available. On May 3, 2004, the Department first published a notice in the Federal Register requesting comment on its separate rates practice and on various proposed changes to this practice (69 FR 24119). In response to this notice and request for comment, the Department received 23 submissions from interested parties. Taking into account the submissions in response to the May 2004 notice requesting comments on various changes to its separate rates practice the Department published a second notice on September 20, 2004, which outlined revised options. This provided the public with a further opportunity to comment on whether these changes would be consistent with the statute and would appropriately redress problems that have been identified concerning separate rates. In response to this second notice in the Federal Register published on September 20, 2004, requesting comments on the Department's separate rates practice and implementation of combination rates (69 FR 56188), the Department received 14 submissions. Having carefully considered the arguments presented by parties in the previous two notices, as well as the Department's experience in recently concluded antidumping investigations, the Department further narrowed the options for changing its separate rates practice in its third notice in the Federal Register, published on December 28, 2004 (69 FR 77722). In this notice, the Department provisionally decided to adopt an application process for evaluating separate rate requests by non-investigated firms, and to outline in specific detail its proposal to institute combination rates (also known as ``chain'' or ``channel'' rates) for all firms receiving separate rate status in NME investigations. In order to provide interested parties another opportunity to comment on these detailed proposals before instituting them, the Department posted the draft application on the Import Administration website and once again invited public comment on both the draft application and on the proposal to institute combination rates for all exporters deemed eligible for a separate rate in NME investigations. In response to this third opportunity for public comment on proposed changes in the Department's separate rates practice and implementation of combination rates, the Department received 12 submissions. As a result of almost a year of deliberation and extensive public comment, the Department is finalizing its decision to adopt an application process for non-investigated firms in future NME antidumping investigations and to begin assigning only exporter- producer specific ``combination'' rates in these investigations to the mandatory respondents receiving an individually calculated separate rate, as well as to the pool of non-investigated firms receiving a separate rate. After consideration of the public comments, the Department has modified the separate rates application and its requirements, as well as the proposal to institute combination rates. Both changes in practice are being made after consideration of several rounds of public comment, and neither change alters the threshold of eligibility for a separate rate, which remains an absence of de jure and de facto government control over a firm's export activities. A detailed explanation of both final decisions on these changes in practice can be found in Policy Bulletin 05.1, which will be posted on the Import Administration website at the following address: https:// ia.ita.doc.gov/. The final template of the separate rates application will likewise be found on the Import Administration website; however, for each new investigation, a specific application will be posted. Both changes in practice will take effect in the next NME antidumping investigation that is initiated after publication of this notice. These changes in practice only apply to investigations, and the Department is continuing to evaluate whether to extend these changes in practice to administrative reviews.
Sugar From Belgium, France, and Germany; Notice of Final Results of Expedited Sunset Reviews of Antidumping Duty Findings
Document Number: E5-1537
Type: Notice
Date: 2005-04-05
Agency: Department of Commerce, International Trade Administration
On September 1, 2004, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty findings on sugar from Belgium, France, and Germany 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, adequate substantive responses filed on behalf of domestic interested parties, and inadequate responses from respondent interested parties, the Department conducted expedited (120- day) sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty findings would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Reviews section of this notice.
Applications for Duty-Free Entry of Scientific Instruments
Document Number: E5-1493
Type: Notice
Date: 2005-04-04
Agency: Department of Commerce, International Trade Administration
University of Vermont; Notice of Decision on Application for Duty-Free Entry of Scientific Instrument
Document Number: E5-1492
Type: Notice
Date: 2005-04-04
Agency: Department of Commerce, International Trade Administration
Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Initiation of Antidumping Duty Changed Circumstance Review
Document Number: E5-1489
Type: Notice
Date: 2005-04-04
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) has received information sufficient to warrant initiation of a changed circumstance review of the antidumping order of certain circular welded carbon steel pipes and tubes from Taiwan. See Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984). In response to this request made by Yieh Phui Enterprise Co., Ltd. (Yieh Phui), the Department is initiating a changed circumstance review to determine whether Yieh Phui is the successor-in-interest to Yieh Hsing Enterprise Co, Ltd (Yieh Hsing).
Initiation of Five-Year (“Sunset”) Reviews
Document Number: E5-1435
Type: Notice
Date: 2005-04-01
Agency: Department of Commerce, International Trade Administration
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating five-year (``sunset'') reviews of certain antidumping and countervailing duty orders and suspended investigation. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers these same orders.
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