International Trade Administration August 11, 2005 – Federal Register Recent Federal Regulation Documents

In antidumping proceedings involving non-market economy (``NME'') countries, the Department of Commerce (``the Department'') calculates normal value by valuing the NME producers' factors of production, to the extent possible, using prices from a market economy that is at a comparable level of economic development and that is also a significant producer of comparable merchandise. The goal of this surrogate factor valuation is to use the ``best available information.'' See section 773(c)(1) of the Tariff Act of 1930; Shangdong Huraong General Corp. v. United States, 159 F. Supp.2d 714, 719 (CIT 2001). Normally, if a respondent or producer of subject merchandise sources an input from a market economy supplier, the Department will use the average input price paid by the respondent to market economy suppliers (in market economy currency) to value all of the given input (both imported and domestically-sourced) used by respondents (or the producers of the subject merchandise), provided certain conditions are met. The Department announced that is was considering options to change certain aspects of its policy and practice regarding market economy input prices and solicited public comment in a May 26, 2005 notice published in the Federal Register (70 FR 30418). In response to this first notice, the Department received 21 submissions from interested parties. After considering these comments, the Department is requesting comments regarding a proposed change to the Department's market economy inputs practice, which is detailed below.

On April 26, 2005, in response to a request from the Government of Ukraine, the Department of Commerce published a notice in the Federal Register initiating a changed circumstances review in order to determine whether Ukraine should continue to be treated as a non- market economy country for purposes of the U.S. antidumping duty law (70 FR 21396). The Department has decided to extend the rebuttal comment period by twenty-one days, pursuant to 19 CFR 351.302(b), making the new deadline for the submission of public comment August 31, 2005. Written comments (original and six copies) should be sent to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, U.S. Department of Commerce, Central Records Unit, Room 1870, 14th Street and Constitution Avenue NW, Washington, DC 20230. All parties submitting comments must comply with the Department's regulations regarding the filing of documents. See 19 CFR 351.303.

Secretary of Commerce Carlos M. Gutierrez will lead a senior- level business development trade mission to Guatemala, El Salvador and Honduras, October 16-22, 2005. The overall focus of the trip will be commercial opportunities for U.S. companies, including joint ventures and export opportunities. In Guatemala City, Guatemala, the participants will have a market briefing followed by two days of one- on-one appointments with potential buyers/partners. There is also a possible meeting with the President of Guatemala and other high level government Officials. In San Salvador, El Salvador the participants will have a market briefing and two days of one-on-one appointments with potential buyers partners. There is also a possible meeting with the President of El Salvador and other high level government officials. The final stop is San Pedro Sula, Honduras where participants will have a market briefing, one-on-one appointments, and a possible meeting with the President and top government officials all rolled into one day.