International Trade Administration 2006 – Federal Register Recent Federal Regulation Documents

On April 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the suspended antidumping duty investigation on ammonium nitrate from the Russian Federation (``Russia'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2005) (``Initiation Notice''). On the basis of notices of intent to participate filed on behalf of domestic interested parties and adequate substantive comments filed on behalf of domestic and respondent interested parties, the Department conducted a full (240-day) review. As a result of this review, the Department finds that termination of the suspended antidumping duty investigation on ammonium nitrate from Russia would likely lead to continuation or recurrence of dumping at the levels indicated in the Final Results of Review section of this notice.

The Department of Commerce (``the Department'') is conducting new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (``PRC'') in response to requests from Jiangsu Jiushoutang Organisms-Manufacturers Co. Ltd. (``Jiangsu JOM''), Shanghai Sunbeauty Trading Co., Ltd. (``Shanghai Sunbeauty''), and Qingdao Wentai Trading Co. Ltd. (``Wentai''). The period of review (``POR'') is September 1, 2004, through February 28, 2005. We have preliminarily determined that the new shipper reviews of Jiangsu JOM, Shanghai Sunbeauty, and Wentai should all be rescinded because the sales made by each were not bona fide. Much of the information upon which we relied to analyze the bona fides of the sales is business proprietary; therefore, our full analysis is set forth in: Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., dated February 23, 2006 (``Jiangsu JOM Memo''), Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Shanghai Sunbeauty Trading Co. Ltd., dated February 23, 2006 (``Sunbeauty Memo''), and Memorandum to James C. Doyle, Director, Office 9, from Scot T. Fullerton and Prentiss Lee Smith, Case Analysts, Office 9: Bona Fides Analysis and Intent to Rescind New Shipper Review of Freshwater Crawfish Tail Meat from the People's Republic of China for Qingdao Wentai Trading Co. Ltd., dated February 23, 2006 (``Wentai Memo''), public versions of which are on file in the Central Records Unit, room B-099 of the main Commerce Building. Interested parties are invited to comment on this preliminary rescission determination.

On April 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty order (``CVD'') on brass sheet and strip from France 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 and an adequate substantive response filed on behalf of the domestic interested parties and an adequate response from respondent interested parties, the Department determined to conduct a full sunset review of this CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of this sunset review, the Department finds that revocation of the CVD order would not be likely to lead to continuation or recurrence of a countervailable subsidy. Therefore, the Department is revoking this CVD order.

On October 28, 2005, the Department of Commerce published the preliminary results of the third administrative review of the antidumping duty order on stainless steel bar from Italy. The period of review is March 1, 2005, through February 28, 2005. This review covers imports of stainless steel bar to the United States from UGITECH S.A. Based on our analysis of the comments received, we conclude that the final results do not differ from the preliminary results of review, in which we found that UGITECH S.A. did not make shipments of subject merchandise to the United States during the period of review. Therefore, we are rescinding the administrative review.

On October 11, 2005, the United States Court of Appeals for the Federal Circuit (``CAFC'') affirmed the ruling of the United States Court of International Trade (``CIT''), sustaining the final results of administrative reviews issued by the Department of Commerce (the Department) on September 12, 2002, and the Department's February 6, 2003 remand redetermination. Because all litigation in this matter has concluded, we are correcting certain ministerial errors identified during a court remand redetermination. The period of review (``POR'') for these administrative reviews is February 1, 2000, through January 31, 2001.

The Department of Commerce (the Department) is conducting administrative reviews of the countervailing duty (CVD) orders on low enriched uranium (LEU) from Germany, the Netherlands, and the United Kingdom (UK) for the period January 1, 2004, through December 31, 2004. For information on the net subsidy for the reviewed companies, please see the ``Preliminary Results of Reviews'' section of this notice. In addition, we preliminarily determine that the Governments of Germany, the Netherlands, and the UK have met the requirements for revocation of these CVD orders. For further information, please refer to the ``Revocation of the Orders'' section of this notice. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section of this notice.

The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

Ukraine has implemented economic and institutional reforms since gaining independence in 1991. The government of Ukraine (``GOU'') has undertaken substantial reforms relating to the factors examined by the Department of Commerce (``the Department'') under section 771(18)(B) of the Tariff Act of 1930, as amended (``the Act''). See memorandum to David Spooner from Lawrence Norton, Shauna Lee-Alaia, and Anthony Hill, Decision Memorandum Regarding Ukraine's Status as a Non- Market Economy Country for Purposes of the Antidumping Duty Law Under a Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine (February 16, 2006) (``Decision Memorandum''). Based on the preponderance of evidence on reforms in Ukraine to date, analyzed as required under section 771(18)(B) of the Act, the Department determines that (1) revocation of Ukraine's non-market economy (``NME'') status under section 771(18)(B) of the Act is warranted, and (2) the effective date of this decision is February 1, 2006. Accordingly, Ukrainian producers and exporters will be subject, to the antidumping rules applicable to market economy countries with respect to the analysis of transactions occurring on or after February 1, 2006.

In response to a request from Carpenter Technology Corporation, Dunkirk Specialty Steel, LLC (a subsidiary of Universal Stainless & Alloy Products) and North American Stainless (the ``Domestic Interested Parties''), domestic producers of stainless steel wire rod, the Department of Commerce (the ``Department'') initiated an administrative review of the antidumping duty order on stainless steel wire rod from Taiwan. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 61601 (October 25, 2005) (``Initiation Notice''). The period of review (``POR'') is September 1, 2004, through August 31, 2005. The Department is now rescinding this review because the Domestic Interested Parties have withdrawn their request.

On October 25, 2005, in response to timely requests from United States Steel Corporation (Petitioner) and Companhia Siderurgica Nacional (CSN), the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on certain hot-rolled flat-rolled carbon-quality steel flat products from Brazil. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 61601 (October 25, 2005) (Initiation Notice). This administrative review covered the period January 1, 2004 through December 31, 2004. We are now rescinding this review as a result of Petitioner's withdrawal of its requests for an administrative review for all four of the Brazilian producers and exporters (Companhia Siderurgica de Tubarao (CST), Usinas Siderurgicas de Minas Gerais (USIMINAS), Companhia Siderurgica Paulista (COSIPA), and CSN), and because CSN, the sole Brazilian company that self-requested a review, also withdrew its request for review.

On December 12, 2005, the binational panel convened under the North American Free-Trade Agreement (``NAFTA'') issued a decision affirming the International Trade Commission's determination issued pursuant to remand that the domestic industry is neither materially injured by reason of the subject imports nor threatened with such injury. There was no Extraordinary Challenge filed. Therefore, we are revoking the countervailing duty order and antidumping duty order on hard red spring wheat from Canada effective January 2, 2006, and ordering the termination of suspension of liquidation.

On October 25, 2005, the Department of Commerce (``the Department'') published in the Federal Register a notice announcing the initiation of the 04-05 administrative review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (``PRC''). See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 70 FR 61601 (October 25, 2005) (``Initiation Notice''). The period of review (``POR'') is September 1, 2004, to August 31, 2005. This review is now being rescinded for China Kingdom Import & Export Co., Ltd., (aka China Kingdoma Import & Export Co., Ltd., aka Zhongda Import & Export Co., Ltd.) (China Kingdom), Jiangsu Hilong International Trading Company, Ltd. (Jiangsu Hilong), Qingdao Zhengri Seafood Co., Ltd. (Qingdao Zhengri), Weishan Zhenyu Foodstuff Co., Ltd. (Weishan Zhenyu), Yancheng Haiteng Aquatic Products & Foods Co., Ltd. (Yancheng Haiteng), Yancheng Yaou Seafood Co., Ltd. (Yancheng Yaou), and Ningbo Nanlian Frozen Foods Co., Ltd. (Ningbo Nanlian), because the requesting parties, the Crawfish Processors Alliance (Petitioners), the Louisiana Department of Agriculture and Forestry, and Bob Odom, Commissioner (collectively, the Domestic Interested Parties) and Ningbo Nanlian withdrew their requests in a timely manner.

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain lined paper products from India. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

On January 4, 2006, in response to a request by domestic producers of the subject merchandise, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review of the countervailing duty order on stainless steel plate in coils, as described below. See Stainless Steel Sheet and Strip in Coils from Italy: Initiation of Countervailing Duty Changed Circumstances Review and Notice of Consideration of Revocation of Order, 71 FR 329 (January 4, 2006) (``Initiation Notice''). In the Initiation Notice, we invited interested parties to comment on the Department's initiation and the proposed revocation of the countervailing duty order on stainless steel sheet and strip in coils from Italy. We did not receive any comments. Absent any comments, we preliminarily conclude that producers accounting for substantially all of the production of the domestic like product to which this order pertains lack interest in the relief provided by the order. Therefore, we preliminarily revoke this order, in whole, with respect to products entered, or withdrawn from warehouse, for consumption on or after November 17, 1998, i.e., the publication date of the Department's preliminary determination in the underlying investigation, because domestic parties have expressed no interest in the continuation of the order. See Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination: Stainless Steel Sheet and Strip in Coils from Italy, 63 FR 63900 (November 17, 1998) (``Preliminary Determination''). Unless the Department receives opposition from domestic producers whose production totals more than 15 percent of the domestic like product, the Department will revoke the order on stainless steel sheet and strip in coils in the final results of this review.

The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain lined paper products from Indonesia. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.