International Trade Administration April 2008 – Federal Register Recent Federal Regulation Documents

In response to a request from New-Tec Integration (Xiamen) Co., Ltd. (``New-Tec''), the U.S. Department of Commerce (``the Department'') is conducting a new shipper review of the antidumping duty order on hand trucks and certain parts thereof from the People's Republic of China (``PRC''). The period of review (``POR'') is December 1, 2006, through May 31, 2007. We have preliminarily determined that sales have not been made below normal value (``NV'') by New-Tec. 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 POR for which the importer- specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We will issue the final results no later than 90 days from the date of this notice.

Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of April 18, 2008. A panel was appointed to this panel review and has been dismissed pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, effective April 18, 2008.

The Department of Commerce (the Department) is aligning the final determination in the countervailing duty investigation of sodium nitrite from the People's Republic of China (PRC) with the final determination in the companion antidumping investigation.

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 (the ``Department'') Final Results of Determination Pursuant to Remand (``Remand Results''), dated August 16, 2004, and entered a judgment order. This litigation related to the Department's review of the antidumping order on certain stainless steel butt-weld pipe fittings from Taiwan, covering the period of review (``POR'') June 1, 1998, through May 31, 1999. See Certain Stainless Steel Butt-Weld Pipe Fittings Final Results of Antidumping Duty Administrative Review, 65 FR 81827, 81828 (December 27, 2000) (``Final Results''). On June 5, 2006, Ta Chen Stainless Steel Pipe, Ltd. (``Ta Chen'') appealed the CIT's decision to the Court of Appeals for the Federal Circuit (``CAFC''). On September 21, 2006, the CAFC dismissed the appeal pursuant to the parties' dismissal agreement. See Ta Chen Stainless Steel Pipe, Ltd., v. United States, 208 Fed. Appx. 818, 2006 U.S. App. LEXIS 24777 (Fed. Cir. 2006) (``Ta Chen Stainless Steel''). Because Alloy Piping II constitutes a final and conclusive court decision in this action, we are amending the final results of review in this proceeding and we will instruct U.S. Customs and Border Protection (``CBP'') to liquidate entries subject to this review.

The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with March anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.

This Notice announces the availability of grant funds in calendar year 2008 for U.S. manufacturers of certain worsted wool fabrics. The purpose of this notice is to provide the general public with a single source of program and application information related to the worsted wool grant offerings and it contains the information about the program required to be published in the Federal Register.

On January 15, 2008, the Department published in the Federal Register its preliminary determination that circular welded carbon quality steel pipe (``CWP'') from the People's Republic of China (``PRC'') is being, or is 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''). See Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 73 FR 2445, 2451 (January 15, 2008) (``Preliminary Determination''). On April 7, 2008, Jiangsu Yulong Steel Pipe Co., Ltd, (``Yulong''), the only participating mandatory respondent remaining in this investigation, notified the Department that it was withdrawing from the proceeding. Based on the circumstances described below, the Department of Commerce (the ``Department'') is amending the preliminary determination in the antidumping duty investigation of CWP from the PRC. This amended preliminary determination results in revised antidumping rates.

The U.S. Department of Commerce (the Department) preliminarily determines that sodium nitrite from the Federal Republic of Germany (Germany) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. We will make our final determination not later than 75 days after the date of the preliminary determination.

On January 28, 2008, the Department of Commerce (the ``Department'') published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``the PRC'') for Ayecue International SLU and its affiliated producer, Ayecue (Liaocheng) Foodstuff Co., Ltd. (collectively, ``Ayecue''). See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 73 FR 4822 (January 28, 2008) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results.

The Department of Commerce (the Department) has preliminarily determined that critical circumstances do not exist with respect to imports of certain pneumatic off-the-road (OTR) tires from the People's Republic of China (PRC).

On March 7, 2008, the Department of Commerce (the Department) published a notice of initiation and preliminary results of a changed circumstances review and intent to revoke the antidumping duty order on canned pineapple fruit (CPF) from Thailand. See Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order, 73 FR 12377 (March 7, 2008) (Initiation and Preliminary Results). We received no comments from interested parties. Thus, we determine that changed circumstances exist to warrant revocation of the order.

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

The Department of Commerce is conducting an administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. The period of review is May 1, 2006, through April 30, 2007. This review covers imports of certain polyester staple fiber from one producer/exporter. We have preliminarily found that sales of the subject merchandise have been made below normal value. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results. Parties who submit comments in this review are requested to submit with each argument (1) a statement of the issue and (2) a brief summary of the argument. We will issue the final results not later than 120 days after the date of publication of this notice.

On April 10, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Artalex Global (``ARGLO''). This notice summarizes the conduct for which certification has been granted.

The Department of Commerce (``Department'') has a longstanding practice of calculating expected non-market economy (``NME'') wages for use as the surrogate value for direct labor in antidumping proceedings involving NME countries. These expected NME wages are calculated annually in accordance with the Department's regulations, See 19 CFR 351.408 (c)(3). This notice constitutes the Department's 2007 expected NME wages, which were calculated from 2005 data made available in 2007 according to the Department's revised methodology described in the Federal Register notice entitled Antidumping Methodologies: Market Economy Inputs, Expected Non-Market Economy Wages, Duty Drawback; and Request for Comments, 71 FR 61716, Oct. 19, 2006 (hereafter, the ``Antidumping Methodologies notice''), and provides the public with an opportunity to comment on potential clerical errors in the calculation.

On December 7, 2007, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on carbazole violet pigment 23 from India. The review covers exports of this merchandise to the United States by Alpanil Industries for the period of review December 1, 2005, through November 30, 2006. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments we received from interested parties and the information we obtained after the preliminary results, we have made changes in the margin calculation for the final results of this review. The final weighted-average margin is listed below in the Final Results of Review section of this notice.

Canada, Mexico and the United States have amended the rules of procedure for Article 1904 binational panel reviews. These rules apply to binational panel proceedings conducted pursuant to Article 1904 of the North American Free Trade Agreement (``NAFTA'' or ``the Agreement''). These amendments are intended to improve the panel review process under Chapter Nineteen of NAFTA in order to increase its efficiency and effectiveness.

On December 3, 2007, the Department of Commerce (``Department'') initiated sunset reviews of the antidumping duty orders on ferrovanadium from the People(s Republic of China (``PRC'') and the Republic of South Africa (``South Africa''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``Act''). See Initiation of Five-year (``Sunset'') Reviews, 72 FR 67890 (December 3, 2007) (``Sunset Initiations''); see also Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Ferrovanadium From the People(s Republic of China, 68 FR 4168 (January 28, 2003) (``PRC Order''); Notice of Antidumping Duty Order: Ferrovanadium from the Republic of South Africa, 68 FR 4169 (January 28, 2003) (``South Africa Order''). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited sunset reviews of the PRC Order and South Africa Order pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of either the PRC Order or the South Africa Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice, infra.