International Trade Administration 2008 – Federal Register Recent Federal Regulation Documents

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.

In response to a request by the petitioners and two producers/ exporters of the subject merchandise, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain orange juice (OJ) from Brazil with respect to two producers/exporters of the subject merchandise to the United States. This is the first period of review (POR), covering August 24, 2005, through February 28, 2007. We have preliminarily determined that sales to the United States have been made below normal value (NV). 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 one company because it had no shipments of subject merchandise during the POR. Interested parties are invited to comment on the preliminary results.

The Department of Commerce (``the Department'') received timely requests to conduct administrative reviews of the antidumping duty orders on frozen warmwater shrimp from the Socialist Republic of Vietnam and the People's Republic of China (``PRC''). The anniversary month of these orders is February. In accordance with the Department's regulations, we are initiating these administrative reviews.

The Department of Commerce (``the Department'') is currently conducting the 2006 2007 administrative review of the antidumping duty order on certain tissue paper products from the People's Republic of China (``PRC''). The period of review (``POR'') for this review is March 1, 2006, through February 28, 2007. Ten respondents reported that they had no exports or sales of the subject merchandise during the POR. After checking U.S. Customs and Border Protection data, we are preliminarily rescinding our review of these companies. Additionally, in conducting the review, the Department found that both Max Fortune Industrial Limited & Max Fortune (FETDE) Paper Products Co., Ltd. (collectively ``Max Fortune'') and Guilin Qifeng Paper Co., Ltd. (``Guilin Qifeng'') reported subject sales to the United States during the POR, which the Department found to have entered as not subject to antidumping duties, and thus were liquidated without the assess of such duties. With respect to Max Fortune, the Department will continue to collect additional information from Max Fortune and CBP, and consider this issue for the final results. With respect to Guilin Qifeng, because we found that Guilin Qifeng made no dutiable entries of subject tissue paper during the POR, the Department is preliminarily rescinding its review with respect to Guilin Qifeng. If these preliminary results are adopted in our final results of this review, we will instruct CBP to assess antidumping duties on all appropriate entries of subject merchandise during the POR. 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, unless extended.

In response to a request from Geo Specialty Chemicals, Inc. (``GSC''), a domestic glycine producer, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). This review covers Nantong Dongchang Chemical Industry Corporation (``Nantong Dongchang'') and Baoding Mantong Fine Chemistry Co., Ltd. (``Baoding Mantong''). The period of review (``POR'') is March 1, 2006, through February 28, 2007. On July 26, 2007, Nantong Dongchang indicated that it would not reply to the Department's antidumping questionnaire in this administrative review; therefore, we have preliminarily determined to apply facts otherwise available with an adverse inference (``AFA'') to Nantong Dongchang. In addition, we have preliminarily determined that Baoding Mantong made sales below normal value (``NV''). With respect to the 21 other companies for whom petitioners submitted a request for review and a subsequent timely withdrawal request, we are rescinding this review.\1\ The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess the ad valorem margins against the entered value of each entry of the subject merchandise during the POR.

On October 2, 2007 the Department of Commerce (the Department) published the preliminary results of the changed circumstances review and intent to reinstate Kolon Industries, Inc. (Kolon) in the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea). See Polythylene Terephthalate Film Sheet and Strip from the Republic of Korea: Preliminary Results of Changed Circumstances Review and Intent to Reinstate Kolon Industries, Inc. in the Antidumping Order, 72 FR 56048 (October 2, 2007) (Preliminary Results). On February 6, 2008 we extended the time frame for completion of this changed circumstances review by 60 days. See Polythylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Extension of Time Limits for Final Results of Changed Circumstances Review, 73 FR 6931 (February 6, 2008). This review covers subject merchandise manufactured and exported by Kolon. The products covered by this order are all gauges of PET film, sheet and strip (see ``Scope of the Review'' section below). The period of review (POR) is July 1, 2005 through June 30, 2006. Based on our analysis of the comments received, we have made changes in the margin calculation. Therefore, the final results differ from the preliminary results. We determine that Kolon sold subject merchandise at less than normal value (NV) during the POR, and hereby reinstate Kolon in the order. The final weighted-average dumping margin is listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (``the Department'') has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order of carbon and certain alloy steel wire rod (``steel wire rod'') from Trinidad and Tobago.\1\ Based on this information, we preliminarily determine that Arcelor Mittal Point Lisas Limited (``AMPL'') is the successor-in-interest to Mittal Steel Point Lisas Limited (``MSPL''), formerly Caribbean Ispat Limited (``CIL''), a respondent in the less-than-fair-value investigation and that, as such, AMPL is entitled to receive the same antidumping duty treatment accorded MSPL.