International Trade Administration 2009 – Federal Register Recent Federal Regulation Documents

In response to requests from interested parties, the Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). The period of review (``POR'') is January 1, 2007 through December 31, 2007. This administrative review covers multiple exporters of the subject merchandise, two of which are being individually reviewed as mandatory respondents. The Department is also conducting two new shipper reviews for exporters/producers. The POR for the new shipper reviews is also January 1, 2007, through December 31, 2007. We preliminarily determine that the mandatory respondents in the administrative review made sales in the United States at prices below normal value (``NV''). With respect to the remaining respondents in the administrative review, we preliminarily determine that 16 entities have provided sufficient evidence that they are separate from the state- controlled entity, and we have established a weighted-average margin based on the rates we have calculated for the mandatory respondents, excluding any rates that are zero, de minimis, or based entirely on adverse facts available, to be applied to these separate rate entities.\1\ Further, we preliminarily determine that the remaining six respondents in the administrative review have not demonstrated that they are entitled to a separate rate, and thus are considered part of the PRC entity. Finally, we preliminarily determine that the new shippers have not made sales in the United States at less than NV. If these preliminary results are adopted in our final results of 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.

In response to a request by domestic interested party, Allied Tube and Conduit Corporation (``Allied Tube''), the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (``welded pipe and tube'') from Turkey. See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986) (``Antidumping Duty Order''). This review covers the Borusan Group\1\ (``Borusan'') and Toscelik Profil ve Sac Endustrisi A.S. (``Toscelik''), each a producer and exporter of the subject merchandise. We preliminarily determine that Borusan made sales below normal value (``NV''). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties based on the difference between the export price (``EP'') and the NV.

The Secretary of Commerce issued an Export Trade Certificate of Review to C-Shore International on April 8, 1999. Because this Certificate Holder has failed to file an annual report as required by law, the Secretary is revoking the certificate. This notice summarizes the notification letter sent to C-Shore International.

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

On July 1, 2008, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam''). On the basis of a notice of intent to participate, and an adequate substantive response filed on behalf of domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.

On January 7, 2009, the United States Court of International Trade (``CIT'' or the ``Court'') sustained the final remand determination made by the Department of Commerce (``Department'') pursuant to the Court's remands of the amended final determination of the less than fair value investigation of wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). See Final Results of Redetermination Pursuant to Court Remand, July 15, 2008 (``Remand III''); Dorbest Limited, et al. v. United States, Slip Op. 09-02 (CIT January 7, 2009) (``Dorbest III''). This case arises out of the Department's final determination of sales at less than fair value: Wooden Bedroom Furniture from the PRC, 69 FR 67313 (November 17, 2004), as amended, 70 FR 329 (January 5, 2005) (``Final Determination''). The final judgment in this case was not in harmony with the Department's Final Determination.

On January 12, 2009, the Department of Commerce (the Department) issued a determination regarding the offsetting of dumped sales with non-dumped sales when making average-to-average comparisons of export price and normal value in the antidumping duty investigation of certain frozen warmwater shrimp challenged by Thailand before the World Trade Organization (WTO). On January 16, 2009, the U.S. Trade Representative (USTR) instructed the Department to implement in whole this determination under section 129 of the Uruguay Round Agreements Act (URAA). The Department is now implementing this determination.

On December 22, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department) results of redetermination pursuant to the CIT's remand and entered final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, Consol. Ct. No. 06-00075, Slip Op. 08-139 (CIT December 22, 2008) (Husteel v. United States II ). See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated August 29, 2008, and Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated December 5, 2008 (available at https://ia.ita.doc.gov/remands). 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 oil country tubular goods, other than drill pipe, from Korea covering the period of review (POR) of August 1, 2003 through July 31, 2004. See Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) (Final Results).

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.

On January 16, 2009, Ivaco Rolling Mills 2004 L.P. and Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P. (collectively, ``Ivaco''), filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel Review was requested of the Final Results of the 2006-2007 Antidumping Duty Administrative Review made by the International Trade Administration, respecting Carbon and Certain Alloy Steel Wire Rod from Canada. The determination was published in the Federal Register (73 FR 77005) on December 18, 2008. The NAFTA Secretariat has assigned Case Number USA-CDA-2009-1904-01 to this request.

The Department of Commerce (the Department) has determined that circular welded austenitic stainless pressure pipe 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 final dumping margins for this investigation are listed in the ``Final Determination Margins'' section of this notice.

The Department of Commerce (the ``Department'') preliminarily determines that certain tow behind lawn groomers and certain parts thereof (``lawn groomers'') from the People's Republic of China (``PRC'') are being, or are 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 dumping margins are shown in the ``Preliminary Determination Margins'' section of this notice.

In response to a request from Marsan Gida Sanayi ve Ticaret A.S. (``Marsan'') pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.216 and 351.221(c)(3), the Department of Commerce (``the Department'') is initiating a changed circumstances review of the countervailing duty (``CVD'') order on certain pasta (``Pasta'') from Turkey. Marsan, a producer of pasta, claims that Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') changed its corporate name to Marsan and, therefore, Marsan should be entitled to the same cash deposit rate as its predecessor company, Gidasa.

On December 15, 2008, the Department of Commerce (``Department'') received a request for a changed circumstances review and a request to revoke in part the antidumping duty order on certain activated carbon from the People's Republic of China with respect to certain parts of fish tank filters which contain no more than 500 grams of activated carbon, or a combination of activated carbon and zeolite, and are fitted to work with specific filters. Petitioners submitted a letter to the Department expressing lack of interest in antidumping duty relief from the imports of certain parts of fish tank filters as described below. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to import of certain fish tank filters as described below. The Department invites interested parties to comment on these preliminary results.

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 certain circular welded carbon quality steel line pipe (line pipe) from the People's Republic of China (PRC). On January 7, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon Quality Steel Line Pipe from China, USITC Pub. 4055, Inv. Nos. 701-TA-455 (Final) (January 2009).

The Department of Commerce is issuing interim procedures implementing provisions under the Andean Trade Preference Act of 2008 (``the Act''), enacted in its entirety by Congress on October 3, 2008. Section 2 of the Act contains amendments to Title IV of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 119 Stat. 495). Under Section 2 of the Act, Title IV of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act is amended by adding Section 404 of the Act creating a benefit for eligible apparel articles wholly assembled in the Dominican Republic that meet the requirements for a ``2 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 eligible apparel articles in the Dominican Republic, such that apparel wholly assembled in the Dominican Republic from fabric or yarns, regardless of their source, and imported directly from 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 eligible apparel articles in the Dominican Republic.

On September 9, 2008, the Department of Commerce published the preliminary results of the 2006/2007 administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margins for the respondents are listed below in the ``Final Results of the Review'' section of this notice.