International Trade Administration 2006 – Federal Register Recent Federal Regulation Documents

On March 6, 2006, the Department of Commerce (``the Department'') published a notice in the Federal Register requesting comments regarding its calculation of the weighted average dumping margin during an antidumping duty investigation (71 FR 11189). The Department has decided to extend the rebuttal comment period, making the new deadline for the submission of public rebuttal comments May 4, 2006.

Export Trading Company Affairs (``ETCA''), International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued.

On December 28, 2005, the Department of Commerce (the Department) published in the Federal Register (70 FR 76774) a notice announcing the initiation of a new shipper review of the antidumping duty order on certain softwood lumber products from Canada, covering the period May 1, 2005, to October 31, 2005. The review covers International Forest Products Corporation (IFP Corp.). We are now rescinding this review as a result of our determination that IFP Corp. was not the first party in the chain of distribution with knowledge that the merchandise was destined for the United States.

On April 6, 2006, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 06-47, (``Alloy Piping II''), the Court of International Trade (``CIT'') affirmed the Department of Commerce's (``Department'') Final Results of Determination Pursuant to Remand (``Remand Results''), dated August 16, 2004. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a ``conclusive'' decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection (``CBP'') to liquidate all relevant entries from Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') and revise the cash deposit rates as appropriate.

The U.S. Department of Commerce (``the Department'') preliminarily determines that certain lined paper products from India (``CLPP'') are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (``the Act''). Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 30 days the final determination and extending the provisional measure from a four-month period to not more than six months. Accordingly, we will make our final determination not later than 105 days after publication of the preliminary determination.

We preliminarily determine that certain lined paper products (``CLPP'') 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. Pursuant to requests from interested parties, we are postponing the final determination and extending the provisional measure from a four-month period to not more than six months. Accordingly, we will make our final determination not later than 135 days after publication of the preliminary determination.

On April 3, 2006, the United States Court of International Trade (``Court'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the final results of the administrative review of freshwater crawfish tail meat from the People's Republic of China. See Hontex Enterprises Inc., D/B/A Louisiana Packing Co. v. United States, Consol. Ct. No. 02-00223, Slip Op. 06-42 (Ct. Int'l Trade April 3, 2006) (``Hontex Judgment''). This case arises out of the Department's Freshwater Crawfish Tail Meat from the People's Republic of China: Final Results of Administrative Antidumping Duty and New Shipper Reviews, and Final Rescission of New Shipper Review, 65 FR 20948 (April 19, 2000)(``Final Results''). The final judgment in this case was not in harmony with the Department's April, 2000 Final Results.

On November 22, 2005, the Department of Commerce (``Department'') issued its Fifth Remand Determination In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review (``Fifth Remand Determination''). On March 17, 2006, a North American Free Trade Agreement (``NAFTA'') Panel upheld the Department's Fifth Remand Determination. See Decision of the Panel on Fifth Remand, In the Matter of Certain Softwood Lumber from Canada: Final Affirmative Countervailing Duty Determination, Secretariat File No. USA-CDA-2002-1904-03 NAFTA Binational Panel Review, March 17, 2006 (``Panel Decision on Fifth Remand''). Subsequently, the NAFTA Panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on March 28, 2006. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990)(``Timken''), the Department is notifying the public that the Panel Decision on Fifth Remand and the Notice of Final Panel Action issued by the NAFTA Secretariat are not ``in harmony'' with the Department's original results.

On February 17, 2006, the Secretary of Commerce and the United States Trade Representative (USTR) renewed the charters of the 16 Industry Trade Advisory Committees (ITACs) and the Committee of Chairs of the ITACs for a four-year term to expire on February 17, 2010. The ITACs advise the USTR and the Secretary on trade matters. There are currently opportunities for membership on each of these Committees, including opportunities to serve as environmental representatives or public health or health care community representatives on select ITACs. Nominations will be accepted for current vacancies and those that occur throughout the remainder of the charter term, which expires on February 17, 2010.

In response to a request by Allegheny Ludlum Corporation, AK Steel Corporation, North American Stainless, United Auto Workers Local 3303, Zanesville Armco Independent Organization, Inc., and the United Steelworkers (collectively ``the petitioners''), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from the Republic of Korea (Korea). This review covers five producers/exporters of the subject merchandise to the United States. This is the sixth period of review (POR), covering July 1, 2004, through June 30, 2005. We have preliminarily determined that the sole company participating in this review, DaiYang Metal Co., Ltd. (DMC), has made sales below normal value (NV). In addition, we preliminarily determine that adverse facts available (AFA) should be applied to the remaining four companies (Boorim Corporation (Boorim), Dae Kyung Corporation (Dae Kyung), Dine Trading Co., Ltd. (Dine), and Dosko Co., Ltd. (Dosko)) for the POR because they declined to participate in this administrative review. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. In addition, we have preliminarily determined to rescind the review with respect to the following companies because these companies had no shipments of subject merchandise during the POR: BNG Steel Co. (BNG), Hyundai Corporation (Hyundai), NIC International Co., Ltd. (NIC), Pohang Iron and Steel Co., Ltd. (POSCO), Samkyung Corporation (Samkyung), Sammi Corporation (Sammi), Samwon Precision Metals Co., Ltd. (Samwon), and Sun Woo Tech Company (Sun Woo). We invite interested parties to comment on these preliminary results. Parties who wish to submit comments in this proceeding are requested to submit with each argument: (1) a statement of the issue; and (2) a brief summary of the argument.

The Department of Commerce (``the Department'') is conducting the administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (``PRC'') covering the period May 1, 2004, through April 30, 2005. We have preliminarily determined that sales have been made below normal value. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR''), for which the importer-specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the date of publication of this notice.

The Department of Commerce (``Department'') received timely requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp (``shrimp'') from Brazil, Ecuador, India and Thailand. The anniversary month of these orders is February. In accordance with the Department's regulations, we are initiating these administrative reviews.

Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review.

Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review.

Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review.

Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. No panel has been appointed to this panel review.

Pursuant to the negotiated settlement between the United States and Mexican industries, the panel review of the above noted case is terminated as of April 3, 2006. A panel has been appointed to this panel review and has been dismissed in accordance with the settlement agreement, effective April 3, 2006.