International Trade Administration May 2008 – Federal Register Recent Federal Regulation Documents
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Notice of Antidumping Duty Order: Light-Walled Rectangular Pipe and Tube From Turkey
Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (The ITC), the Department is issuing this antidumping duty order on light-walled rectangular pipe and tube from Turkey. On May 23, 2008, the ITC notified the Department of its affirmative determination of injury to a U.S. industry. See letter from the ITC to the Secretary of Commerce (Investigation No. 731-TA-1121 (Final)), dated May 23, 2008. See also Light-Walled Rectangular Pipe and Tube from Turkey, USITC Publication 4001, May, 2008 (Investigation No. 731-TA-1121 (Final)).
Silicon Metal From the Russian Federation: Final Results of Expedited Sunset Review of Antidumping Duty Order
On February 1, 2008, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on silicon metal from the Russian Federation (Russia), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Reviews, 73 FR 6128 (February 1, 2008) (Sunset Initiation); see also Antidumping Duty Order: Silicon Metal from Russia, 68 FR 14578 (March 26, 2003); and Silicon Metal from the Russian Federation: Notice of Amended Final Determination Pursuant to Court Decision, 71 FR 8277 (February 16, 2006). Based on the notice of intent to participate, and an adequate substantive response filed on behalf of a domestic interested party, and the lack of a response from any respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.
Certain Polyester Staple Fiber from Korea: Preliminary Results of the 2006/2007 Antidumping Duty Administrative Review
The Department of Commerce is conducting an administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea. 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 preliminarily find 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. Interested parties are invited to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice.
Brake Rotors From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
The Department of Commerce (``Department'') received a timely request to conduct a new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC''). In accordance with Section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR 351.214(d)(1), we are initiating a new shipper review for Longkou Zhongkai Automobile Parts Co., Ltd. (``Longkou Zhongkai'').
Proposed Information Collection; Comment Request; Certified Trade Fair Program: Application
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information collection; Comment Request; Export Trading; Companies Contact Facilitation Service
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Certain Forged Stainless Steel Flanges from India; Final Results of Antidumping Duty Administrative Review and Rescission in Part
On March 5, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Shree Ganesh Forgings, Ltd. (Shree Ganesh) and Nakshatra Enterprises Pvt., Ltd. (Nakshatra) covering the period February 1, 2006, through January 31, 2007. See Certain Forged Stainless Steel Flanges from India; Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Administrative Review in Part, 73 FR 11863 (March 5, 2008) (Preliminary Results). Based on further analysis of our computations for Shree Ganesh, we have made changes in the margin calculation; therefore, the final results differ from the preliminary results for Shree Ganesh. The final weighted-average dumping margin for Shree Ganesh is listed below in the section entitled, ``Final Results of Review.'' We are also rescinding the review for Nakshatra because we have determined that it had no bona fide U.S. sales during the period of review.
Sodium Metal from France: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
The U.S. Department of Commerce (the Department) preliminarily determines that sodium metal from France (sodium metal) 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 margin of sales at LTFV is listed in the ``Suspension of Liquidation'' section of this notice. Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 60 days the final determination and extending the provisional measures 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.
Ball Bearings and Parts Thereof from the United Kingdom: Preliminary Results of Changed-Circumstances Review
The Department of Commerce is conducting a changed- circumstances review of the antidumping duty order on ball bearings and parts thereof from the United Kingdom pursuant to section 751(b) of the Tariff Act of 1930, as amended. We preliminarily determine that SKF (UK) Ltd. is the successor-in-interest to SNFA Bearings Ltd. Interested parties are invited to comment on these preliminary results.
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Rescission of Antidumping Duty Administrative Review
On March 31, 2008, Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai), a Thai manufacturer/exporter, requested that the U.S. Department of Commerce (the Department) conduct an administrative review of its sales during the POR. On April 25, 2008, the Department published a notice of initiation of an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. The review covers one manufacturer/exporter, Saha Thai. The period of review (POR) is March 1, 2007 through February 29, 2008. Saha Thai withdrew its request on April 23, 2008.
Certain Preserved Mushrooms from India: Notice of Court Decision Not in Harmony with Final Results of Administrative Review
On May 8, 2008, the United States Court of International Trade (CIT) sustained the results of redetermination made by the Department of Commerce (the Department) pursuant to the CIT's remand in Agro Dutch Industries Limited v. United States, Slip Op. 07-185 (December 26, 2007) (Agro Dutch II). See Agro Dutch Industries Limited v. United States, Slip Op. 08-50 (May 8, 2008) (Agro Dutch III). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on certain preserved mushrooms from India covering the period of review (POR) of February 1, 2000, through January 31, 2001. See Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review, 67 FR 46172 (July 12, 2002), and accompanying Issues and Decisions Memorandum (Final Results).
Certain Preserved Mushrooms from the People's Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review
The Department of Commerce (the ``Department'') is currently conducting a new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC'') covering the period February 1, 2007, through July 31, 2007. We preliminarily determine that the sale made by Dujiangyan Xingda Foodstuff Co., Ltd. (``Xingda''), was not made below normal value (``NV''). 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 any importer- specific assessment rates that are above de minimis.
Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: Notice of Final Results of Antidumping Duty Changed Circumstances Review
The Department of Commerce (the Department) has determined that Arcelor Mittal Point Lisas Limited (AMPL) is the successor-in- interest to Mittal Steel Point Lisas Limited (MSPL) and, as a result, should be accorded the same treatment previously accorded to MSPL in regard to the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago as of the date of publication of this notice in the Federal Register.
Proposed Information Collection; Comment Request; Application for an Export Trade; Certificate of Review
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on its continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).
Solid Urea from the Russian Federation: Final Results of Antidumping Duty New-Shipper Review and Rescission of Antidumping Duty Administrative Review
On December 26, 2007, the Department of Commerce (the Department) published the preliminary results of a new-shipper review of the antidumping duty order on solid urea from the Russian Federation. The solid urea subject to this review was produced and exported by MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2006, through December 31, 2006. Based on our analysis of comments received, we have not made any changes to our calculation of EuroChem's antidumping-duty margin. Therefore, our final results are identical to our published preliminary results. The final results are listed below in the section entitled ``Final Results of the New-Shipper Review''. Furthermore, we are rescinding the concurrent administrative review of the antidumping duty order because it covers the same entry that we reviewed in the context of the new-shipper review.
Notice of Scope Rulings
The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between January 1, 2008, and March 31, 2008. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of March 31, 2008. We intend to publish future lists after the close of the next calendar quarter.
Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act Regarding the Antidumping Duty Order on Certain Cut-to-Length Carbon-Quality Steel Plate Products from Japan
On April 8, 2008, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of certain cut-to-length carbon-quality steel plate products from Japan. The Department issued its final results on December 21, 2007, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-to-average comparisons of export price and normal value in the investigation challenged by Japan before the World Trade Organization in United States - Measures Relating to Zeroing and Sunset Reviews. The Department is now implementing this determination.
Export Trade Certificate of Review
On May 12, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Wilco Machine & Fab, Inc. (``WILCO''). This notice summarizes the conduct for which certification has been granted.
Certain Forged Stainless Steel Flanges from India; Preliminary Results of Antidumping Duty Changed Circumstances Review
On March 20, 2008, the Department of Commerce (the Department) published a notice of initiation of changed circumstances review of the antidumping duty order on certain forged stainless steel flanges (flanges) from India to determine whether India Steel Works, Ltd. (India Steel) is the successor-in-interest to Isibars, Ltd (Isibars). See Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 73 FR 14959 (March 20, 2008). We have preliminarily determined that India Steel is the successor-in-interest to Isibars for purposes of determining antidumping liability in this proceeding. Interested parties are invited to comment on these preliminary results.
Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Notice of Rescission of Antidumping Duty Administrative Reviews
On December 27, 2007, the U.S. Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand. The review covers two manufacturers/exporters: G Steel Public Company Limited (G Steel) and Nakornthai Strip Mill Public Company Limited (NSM). The period of review (POR) is November 1, 2006, through October 31, 2007. Based on requests from United States Steel Corporation (petitioner) and Nucor Corporation (Nucor), we are now rescinding this administrative review.
Corrected 2007 Calculation of Expected Non-Market Economy Wages
On May 9, 2008 the Department published finalized 2007 expected NME wage rates. See 2007 Calculation of Expected Non-Market Economy Wages, 73 FR 26363, (May 9, 2008). However, those results inadvertently omitted observation 1 (the data for Albania) from the regression analysis. That error has been corrected.
Certain Cut-to-Length Carbon Steel Plate From the Russian Federation; Final Results of Administrative Review of the Suspension Agreement
On February 6, 2008, the Department of Commerce (the Department) published the preliminary results of an administrative review of the suspension agreement on certain cut-to-length carbon steel plate from the Russian Federation (the Agreement). See Certain Cut-to-Length Carbon Steel Plate from Russia; Preliminary Results of Administrative Review of the Suspension Agreement, 73 FR 6929 (February 6, 2008) (Preliminary Results). The period of review is January 1, 2006 through December 31, 2006. No interested parties submitted comments. Therefore, for these final results, we have made no changes to our preliminary results.
Lightweight Thermal Paper From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
We preliminarily determine that lightweight thermal paper (``LWTP'') 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''). 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 measures 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. See the ``Postponement of the Final Determination'' section below.
Lightweight Thermal Paper from Germany: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
The U.S. Department of Commerce (the Department) preliminarily determines that lightweight thermal paper (LWTP) from 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 ``Suspension of Liquidation'' section of this notice. Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 60 days the final determination and extending the provisional measures 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.
Carbon and Certain Alloy Steel Wire Rod from Canada: Final Results of Antidumping Duty Administrative Review
On November 7, 2007, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Canada. See Notice of Preliminary Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod From Canada, 72 FR 62816 (November 7, 2007) (Preliminary Results). This review covers the period October 1, 2005, through September 30, 2006, for Ivaco Rolling Mills 2004 L.P. (``IRM'') and Sivaco Ontario (a division of Sivaco Wire Group 2004 L.P.) (``Sivaco'') (referred to collectively as Ivaco).
Proposed Methodology for Identifying and Analyzing Targeted Dumping in Antidumping Investigations; Request for Comment
The Department of Commerce (``the Department'') seeks public comment on its proposed targeted dumping methodology (described below) and related issues.
Antidumping Methodologies for Proceedings that Involve Significant Cost Changes Throughout the Period of Investigation (POI)/Period of Review (POR) that May Require Using Shorter Cost Averaging Periods; Request for Comment
The Department of Commerce (Department) seeks public comment on its development of a predictable methodology for determining when the use of shorter cost averaging periods is more appropriate than the established practice of using annual cost averages due to the occurrence of significant cost changes throughout the POI/POR. Although the Department maintains that the established practice of using annual cost averages is the most appropriate methodology to use in a majority of proceedings, it may be preferable to use an alternative methodology in certain cases. The Department now seeks comments from the public on the factors to consider, the tests to apply, and the thresholds to adhere to in determining whether or not shorter cost averaging periods (e.g., quarterly) are more appropriate.
2007 Calculation of Expected Non-Market Economy Wages
On April 11, 2008, the Department of Commerce (``Department'') published the preliminary 2007 expected non-market economy (``NME'') wages (the ``2007 calculation''), and provided the public with an opportunity to comment on potential clerical errors. See Expected Non- Market Economy Wages: Request for Comments on 2007 Calculation, 73 FR 19812 (April 11, 2008). The 2007 calculation was based on 2005 data and the 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''). The Department received two sets of comments in response to this notice and has made one change to its calculation, as described below, based on those comments. This notice constitutes the Department's announcement of the finalization and effective date of the 2007 calculation.
Canned Pineapple Fruit from Thailand: Final Results of Antidumping Duty New Shipper Review
On December 27, 2007, the Department of Commerce (the Department) published the preliminary results of the new shipper review of the antidumping duty order on canned pineapple fruit (CPF) from Thailand. This review covers one producer/exporter of the subject merchandise to the United States, C & A Products Co., Ltd. (C&A). The period of review (POR) is July 1, 2006 through December 31, 2006. Subsequent to the preliminary results, we conducted verification and provided parties with an opportunity to comment. As discussed below in the section on ``Verification,'' no changes to the preliminary dumping margin were warranted by the results of verification. Furthermore, no parties submitted any comments. Therefore, the final results do not differ from those presented in the preliminary results. The final weighted-average dumping margin for C&A is listed below in the section entitled ``Final Results of Review.''
Polyethylene Terepthalate Film, Sheet, and Strip from the Republic of Korea: Amended Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order
On April 3, 2008, the Department of Commerce (the Department) published in the Federal Register the final results of the antidumping duty changed circumstances review and reinstatement of the antidumping order on polyethylene terephthalate film, sheet, and strip from Korea. The review covered a single firm, Kolon Industries, Inc. (Kolon) and the period July 1, 2005 to June 30, 2006. See Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea; Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement of the Antidumping Duty Order, 73 FR 18259 (April 3, 2008) (Final Results). We are amending the Final Results to correct a ministerial error in the calculation of the cash deposit rate for Kolon pursuant to 19 CFR 351.224(e).
Continuation of Countervailing Duty Order on Polyethylene Terephthalate Film, Sheet, and Strip from India
As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the countervailing duty order on Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India would be likely to lead to continuation or recurrence of countervailable subsidies and material injury to an industry in the United States, the Department is publishing a notice of continuation for this countervailing duty order.
Continuation of Antidumping Duty Orders on Polyethylene Terephthalate Film, Sheet and Strip from India and Taiwan
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 polyethylene terephthalate film, sheet, and strip (PET film) from India and Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation for these antidumping duty orders.
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