International Trade Administration 2005 – Federal Register Recent Federal Regulation Documents

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that termination of the suspended antidumping duty investigation on certain hot-rolled flat-rolled carbon-quality steel products from the Russian Federation (``Russia''), would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of the continuation of this suspended antidumping duty investigation.

On May 26, 2005 the binational panel issued its decision in the review of the final antidumping administrative review made by the International Trade Administration, respecting Gray Portland Cement and Clinker from Mexico, NAFTA Secretariat File Number USA-MEX-98-1904-02. The binational panel affirmed in part and remanded in part the International Trade Administration's determination. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

On April 1, 2004, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on sebacic acid from the People's Republic of China (``PRC''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2004)(``2004 Initiation''). Pursuant to section 751(c) of the Tariff Act from 1930, as amended (``the Act''), the United States International Trade Commission (``ITC'') determined that revocation of the antidumping duty order on sebacic acid from the PRC is not likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Sebacic Acid, Investigation No. 731-TA-653, 70 FR 28572 (May 18, 2005). Therefore, pursuant to 19 CFR 351.222(i)(1), the Department is revoking the antidumping duty order on sebacic acid from the PRC.

On April 29, 2005 the binational panel issued its decision in the review of the determination on remand made by the International Trade Commission, respecting Certain Corrosion-Resistant Carbon Steel Flat Products from Canada Final Injury Determination, Secretariat File No. USA-CDA-2000-1904-11. The binational panel affirmed the International Trade Commission's determination on remand with one dissenting opinion. On May 20, 2005, pursuant to a Notice of Motion on behalf of complainant Dofasco, Inc., the panel has re-issued its decision with explanations. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

In accordance with 19 CFR 351.213(b), the United States Steel Corporation (``petitioner'') submitted a timely request for an administrative review of the countervailing duty order on certain hot- rolled carbon steel flat products from Thailand for Sahaviriya Steel Industries Public Company Limited (``SSI''), an exporter and producer of subject merchandise. SSI also submitted a timely request for an administrative review. SSI's request for review requested that no review be conducted, or alternatively, if a review is conducted, SSI requested a deferral of administrative review in accordance with 19 CFR 351.213(c). The Department of Commerce (``the Department'') initiated an administrative review of this order covering the period January 1, 2003, through December 31, 2003. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005) (``Initiation Notice''). We are rescinding this administrative review because all requests have been withdrawn in accordance with 19 CFR 351.213(d)(1).

In response to a request made by Border Steel, an importer of the subject merchandise, the Department of Commerce (``Department'') initiated an administrative review of the antidumping duty order on silicomanganese from the People's Republic of China (``PRC'') for sales made by Yonghe Metal Co., Ltd./Sichuan Huaxin Iron Alloy Co. Ltd. (``Yonghe Metal''), producer and exporter of the subject merchandise. Because Border Steel has withdrawn its request for an administrative review, and there were no other requests for an administrative review for this time period, the Department is rescinding this administrative review.

The United States Travel and Tourism Promotion Advisory Board (Board) will hold a Board meeting on June 10, 2005 at the Hotel George, 15 E Street, NW., Washington, DC 20001. The Board will discuss the results of the international advertising and promotion campaign launched in the United Kingdom in 2004/2005, which sought to encourage individuals to travel to the United States for the express purpose of engaging in tourism. The meeting will be open to the public. Time will be permitted for public comment. To sign up for public comment, please contact Julie Heizer at least 24 hours before the start of the meeting. Julie Heizer may be contacted at U.S. Department of Commerce, 1401 Constitution Avenue, NW., Room 5204, Washington, DC 20230; via fax at (202) 482-2887; or, via e-mail at promotion@tinet.ita.doc.gov. Written comments concerning Board affairs are welcome anytime before or after the meeting. Written comments should be directed to Julie Heizer. Minutes will be available within 60 days of this meeting. The Board is mandated by Public Law 108-7, Section 210. As directed by Public Law 108-7, Section 210, the Secretary of Commerce shall design, develop and implement an international advertising and promotional campaign, which seeks to encourage individuals to travel to the United States. The Board shall recommend to the Secretary of Commerce the appropriate coordinated activities for funding. This campaign shall be a multi-media effort that seeks to leverage the Federal dollars with contributions of cash and in-kind products unique to the travel and tourism industry. The Board was chartered in August of 2003 and will expire on August 8, 2005. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OTTI.

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 certain hot-rolled flat-rolled carbon-quality steel products from Brazil and Japan would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of the continuation of these antidumping duty orders.

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 which 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 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, provided three conditions are met. First, the volume of the imported input as a share of total purchases from all sources must be ``meaningful,'' a term used in the Preamble to the Regulations but which is interpreted by the Department on a case-by-case basis. See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27366 (May 19, 1997) (Preamble). See, also, Shakeproof v. United States, 268 F.3d 1376, 1382 (Fed. Cir. 2001). Second, this average import price must reflect bona fide sales. Third, the Department disregards all inputs it has reason to believe or suspect might be dumped or subsidized. The Department is now considering options to change certain aspects of its current policy and practice regarding market economy input prices, and through this notice, invites public comment on the options detailed below. This notice is part of an ongoing effort by which the Department is considering modifications to its NME policy and practice. The Department may solicit additional public comment on other possible changes, as well.

On March 1, 2005, the Department of Commerce (``the Department'') published the preliminary results of the new shipper review of the antidumping duty order on certain pasta from Italy. The review covers Atar, S.r.L. (``Atar''). The period of review (``POR'') is July 1, 2003, through June 30, 2004. The Department received no comments concerning our preliminary results; therefore, our final results remain unchanged from our preliminary results. The final results are listed in the section ``Final Results of Review'' below. For our final results, we have found that, during the POR, Atar did not sell subject merchandise at less than normal value (``NV'').

This is an amendment to the notice of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews, 70 FR 25537 (May 13, 2005) (Advance Notification).

On January 31, 2005, the Department of Commerce (``the Department'') published in the Federal Register (70 FR 4818) a notice announcing the initiation of the administrative review of the antidumping duty order on honey from the People's Republic of China (``PRC''). The period of review (``POR'') is December 1, 2003, to November 30, 2004. This review is now being rescinded for Anhui Native Produce Import and Export Corp., and Inner Mongolia Autonomous Region Native Produce and Animal By-Products Import and Export Corporation, because the only requesting party withdrew its request in a timely manner.

The President's Export Council (PEC) will hold a full Council meeting to discuss topics related to export expansion. The meeting will include discussion of trade priorities and initiatives, PEC subcommittee activity and proposed letters of recommendation. The PEC was established on December 20, 1973, and reconstituted May 4, 1979, to advise the President on matters relating to U.S. trade. It was most recently renewed by Executive Order 13316.

On November 8, 2004, the Department of Commerce (the Department) published the preliminary results of its first administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Brazil. The review covers one producer of the subject merchandise. The period of review (POR) is April 15, 2002, through September 30, 2003. Based on our analysis of comments received, these final results do not differ from the preliminary results. The final results are listed below in the Final Results of Review section.

The Department of Commerce (the Department) determines that purified carboxymethylcellulose (CMC) from Finland is being, or is likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Tariff Act). The final weighted-average dumping margins are listed below in the section entitled ``Continuation of Suspension of Liquidation.''

On December 27, 2004, the Department of Commerce published the preliminary determination in the antidumping duty investigation of purified carboxymethylcellulose (CMC) from Sweden. See Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose From Sweden, 69 FR 77213 (``Preliminary Determination''). The period of investigation (POI) is April 1, 2003, through March 31, 2004. The mandatory respondent, Noviant AB, did not respond to Sections B and C of the Department's questionnaire. Accordingly, we based the preliminary determination on adverse facts available, and applied the highest estimated dumping margin set forth in the notice of initiation. We gave interested parties an opportunity to comment on the preliminary determination, but no comments were received and no hearing was requested. Therefore, we have made no changes from the preliminary determination that CMC was sold in the United States at less than fair value (LTFV) during the period of investigation. The final weighted- average dumping margins are listed below in the section entitled ``Continuation of Suspension of Liquidation.''

On November 9, 2004, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain helical spring lock washers (HSLWs) from the People's Republic of China (the PRC). We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. We find that certain HSLWs from the PRC were not being sold in the United States below normal value by Hangzhou Spring Washer Co., Ltd. (Hangzhou) during the period October 1, 2002, through September 30, 2003.

In response to a request from Winton Global Lumber Ltd. (Winton Global), the Department of Commerce is initiating a changed circumstances review of the antidumping duty order on Certain Softwood Lumber Products from Canada and issuing this notice of preliminary results. We have preliminarily determined that Winton Global Lumber Ltd. (Winton Global) is the successor-in-interest to The Pas Lumber Company Ltd. (The Pas).

In response to a letter from S.C. Ispat Sidex S.A. notifying the Department of Commerce (the Department) that its corporate name has changed to Mittal Steel Galati S.A., the Department is initiating a changed-circumstances review of the antidumping duty order on certain hot-rolled carbon steel flat products from Romania (see Notice of Amended Final Antidumping Duty Determination and Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from Romania, 66 FR 59566 (November 29, 2001) (Amended Determination and Order). We have preliminarily concluded that Mittal Steel Galati S.A. is the successor- in-interest to S.C. Ispat Sidex S.A. (Sidex) and, as a result, should be accorded the same treatment previously accorded to Sidex in regards to the antidumping duty order on certain hot-rolled carbon steel flat products from Romania. Interested parties are invited to comment on these preliminary results.