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

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

On August 4, 2008, the Department of Commerce (the Department) received a request from the petitioner, DuPont Performance Elastomers L.L.C. (DPE) \1\ for a changed circumstances review and a request to revoke, in part, the antidumping duty (AD) finding on certain polychloroprene rubber products from Japan. In its August 4, 2008 request, DPE stated that it no longer has any interest in antidumping relief from imports of such polychloroprene rubber with respect to the subject merchandise defined in the ``Scope of the Finding'' section below. Interested parties are invited to comment on these preliminary results.

The Department of Commerce (``Department'') received a request for initiation of a changed circumstances review of the antidumping duty order on stainless steel bar (``SSB'') from India from India Steel Works Limited (``India Steel''). After reviewing this request, we preliminarily determine that India Steel is the successor-in-interest to Isibars Limited (``Isibars''), and as a result, should be accorded the same treatment previously accorded Isibars with regard to the antidumping duty order on SSB from India. Interested parties are invited to comment on these preliminary results.

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 May 5, 2008, the Department of Commerce (``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of polyethylene terephthalate film, sheet, and strip (``PET Film'') from the People's Republic of China (``PRC''). The period of investigation (``POI'') is January 1, 2007, through June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculation for the mandatory respondent. The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.

The Department of Commerce (the Department) determines that imports of polyethylene terephthalate film, sheet and strip (PET film) from Brazil are being, or are 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 Act). The final dumping margins are listed below in the section entitled ``Final Determination of Investigation.''

On August 21, 2008, the Department of Commerce (the Department) published the preliminary determination of sales at less than fair value (LTFV) in the antidumping investigation of small diameter graphite electrodes (graphite electrodes) from the People's Republic of China (PRC). See Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances, in Part, 73 FR 49408 (August 21, 2008) (Preliminary Determination). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for the Fangda Group.\1\ The corrections to the Fangda Group's margin also affect the margin applied to companies receiving a separate rate.

Notice is hereby given that the Department of Commerce is conducting a review to determine, pursuant to Section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), whether the Government of the Dominican Republic has discontinued allowing substantially reciprocal tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to aircraft of Dominican Republic registry by the United States under the aforementioned statute. The above-cited statute provides exemptions for aircraft of foreign registry from payment of certain internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. If a foreign country discontinues the allowance of such substantially reciprocal exemption, the exemption allowed by the United States will not apply after the Secretary of the Treasury is notified by the Secretary of Commerce, or his designee, of the discontinuance. Interested parties are invited to submit their views, comments and supporting documentation in writing concerning this matter to Mr. Mark Brady, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC 20230. Submissions should be sent electronically to Airservices@ita.doc.gov. All submissions should be received no later than thirty days from the date of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection upon request. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1124, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482- 5071.

The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of citric acid and certain citrate salts from the People's Republic of China. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on raw flexible magnets (RFM) from the People's Republic of China (PRC). We released a Notice of Countervailing Duty Order to the parties released on August 28, 2008. The notice we released contained incorrect language regarding suspension of liquidation. This notice contains the correct language. See ``Countervailing Duty Order'' section below. The error was discovered prior to publication in the Federal Register. Consequently, this notice is being published in its place.

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on raw flexible magnets from the People's Republic of China (``PRC''). On August 25, 2008, the ITC notified the Department of its affirmative final determination. See Raw Flexible Magnets from China and Taiwan, Investigation Nos. 701-TA-452 and 731-TA-1129 and 731-TA-1130 (Final), USITC Publication 4030 (August 2008). The Department released a Notice of Antidumping Duty Order to the parties on August 27, 2008. However, the August 27, 2008, notice contained incorrect language regarding suspension of liquidation. This notice contains the correct language. See ``Antidumping Duty Order'' section below. The error was discovered prior to publication in the Federal Register. Consequently, this notice is being published in its place.

The Department of Commerce is issuing interim procedures implementing provisions under the Food, Conservation, and Energy Act of 2008 (``the Act''), enacted in its entirety by Congress on June 18, 2008. Title XV, Subtitle D, Part I of the Act contains amendments to the special rules for apparel and other textiles from Haiti in Section 213A(b) of the Caribbean Basin Economic Recovery Act (``CBERA'') (19 U.S.C. 2703a(b)), including rules enacted in 2006 by the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (``HOPE''). These amendments are also cited as the ``Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008'' (``HOPE II''). Under Section 15402 of the Act, Section 213A(b) of CBERA is amended by creating a benefit for apparel wholly assembled or knit- to-shape in Haiti that meets a ``3 for 1'' earned import allowance. The amendment requires the Secretary of Commerce to establish a program to provide earned import allowance certificates to any producer or entity controlling production of apparel in Haiti, such that apparel wholly assembled or knit-to-shape in Haiti from any combination of fabrics, fabric components, components knit-to-shape, or yarns, regardless of their source, and imported directly from Haiti or the Dominican Republic may enter the United States duty-free, pursuant to the satisfaction of the terms governing issuance of the earned import allowance certificate by the producer or entity controlling production of apparel in Haiti.

The Manufacturing Council will hold a meeting to deliberate for approval a draft letter of recommendation on Sustainable Manufacturing metrics.

On May 5, 2008, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation. The review covers two manufacturers/exporters, PSC VSMPO-AVISMA Corporation (AVISMA) and Solikamsk Magnesium Works (SMW). The period of review is April 1, 2006, through March 31, 2007. Based on our analysis of the comments received we have made changes in the margin calculations for AVISMA. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Review.''

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC'') covering the period June 1, 2006, through May 31, 2007. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results.

On March 6, 2008, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the second administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results, Preliminary Partial Rescission and Final Partial Rescission of the Second Administrative Review, 73 FR 12127 (March 6, 2008) (``Preliminary Results''). 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 margin calculations for the final results. We find that certain manufacturers/exporters have not sold subject merchandise at less than normal value during the period of review (``POR'') February 1, 2006, through January 31, 2007.

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of circular welded carbon quality steel line pipe (line pipe) from the People's Republic of China (the PRC). For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

In response to requests from petitioners,\1\ the Department of Commerce (the Department) is conducting the fourteenth administrative review of the antidumping order on corrosion-resistant carbon steel flat products (CORE) from the Republic of (Korea). This review covers seven manufacturers and exporters (collectively, the respondents) of the subject merchandise: LG Chem., Ltd. (LG), Haewon MSC Co. Ltd. (Haewon), Dongkuk Industries Co., Ltd. (Dongkuk), Dongbu Steel Co., Ltd., (Dongbu); Hyundai HYSCO (HYSCO); Pohang Iron & Steel Co., Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO Group); and Union Steel Manufacturing Co., Ltd. (Union). The period of review (POR) is August 1, 2006, through July 31, 2007. We preliminarily determine that during the POR, Dongbu, HYSCO, the POSCO Group, and Union, made sales of subject merchandise at less than normal value (NV). In addition, based on the preliminary results for the respondents selected for individual review, we have preliminarily determined a weighted-average margin for those companies that were not selected for individual review. If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR.