International Trade Administration 2010 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (the Department) is rescinding, in part, the administrative review of the countervailing duty order on Certain New Pneumatic Off-the-Road Tires (OTR Tires) from the People's Republic of China (PRC) for the period December 17, 2007 through December 31, 2008, with respect to the following two companies:

On December 23, 2009, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the seventh administrative review, covering the period December 1, 2007, through November 30, 2008, of the antidumping duty order on honey from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. After reviewing interested parties' comments, we made no changes for the final results of review. The final antidumping duty margins for this review are listed in the ``Final Results of Review'' section below.

The Department of Commerce (Department) is conducting a new shipper review (NSR) of Qingdao Sea-line International Trade Co. Ltd. (Qingdao Sea-line) under the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR) of November 1, 2008 through April 30, 2009. As discussed below, we preliminarily determine that Qingdao Sea-line has made sales in the United States at prices below normal value (NV). Qingdao Sea-line has participated fully in the review and has demonstrated its eligibility for a separate rate in this NSR. The dumping margin is set forth in the ``Preliminary Results of the Review'' section below. 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 importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. See ``Comments'' section below.

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.

The Department of Commerce (``the Department'') has preliminarily determined that critical circumstances exist with respect to imports of certain potassium phosphate salts (``phosphate salts'' or ``subject merchandise'') from the People's Republic of China (``PRC'').

On December 28, 2009, the Department of Commerce (the Department) published its preliminary results of the 2007-2008 administrative review of the antidumping duty order on honey from Argentina. See Honey from Argentina: Preliminary Results of Antidumping Duty Administrative Review and Intent to Revoke Order in Part, 74 FR 68570 (December 28, 2009) (Preliminary Results). This review covers one exporter, Asociacion de Cooperativas Argentinas (ACA). The period of review (POR) is December 1, 2007, through November 30, 2008. We invited interested parties to comment on the Preliminary Results, and received no comments. Therefore, our final results remain unchanged from our Preliminary Results, and we are revoking the order with respect to ACA.

Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on polyethylene retail carrier bags (PRCBs) from the Socialist Republic of Vietnam (Vietnam).

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping and countervailing duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.

The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1 through December 31, 2009.

The Department of Commerce (``Department'') has determined that a request for a new shipper review of the antidumping duty order on raw flexible magnets (``magnets'') from the People's Republic of China (``PRC'') meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for the new shipper review is September 1, 2009, through February 28, 2010.

In June and November 2009 and January 2010, the United States Court of International Trade (CIT) sustained three final remand redeterminations made by the Department of Commerce (the Department) in the 2003-2004 administrative review of certain steel concrete of reinforcing bars (rebar) from Turkey. See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55 (June 15, 2009) (Habas I); Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23, 2009) (Habas II); and Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company v. United States and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., Court No. 05-00616, Slip Op. 10-6 (Jan. 19, 2010) (ICDAS). Because all litigation for this administrative review has now concluded, the Department is issuing its amended final results in accordance with the CIT's decisions.

In response to requests from interested parties, the Department of Commerce (the Department) is conducting administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom for the period May 1, 2008, through April 30, 2009. We have preliminarily determined that sales have been made below normal value by certain companies subject to these reviews. We have also preliminarily determined that myonic GmbH, a firm covered by the administrative review of the order on ball bearings from Germany, is the successor-in- interest to the pre-acquisition myonic GmbH. We are also rescinding the administrative reviews in part for certain firms for which the requests for review of these firms were withdrawn in a timely manner. Finally, we are announcing our intent to revoke the order on ball bearings and parts thereof from the United Kingdom in part with respect to subject merchandise exported and/or sold by Barden/Schaeffler UK to the United States.

On April 14, 2010, the United States Court of International Trade (``CIT'') sustained the remand redetermination issued by the Department of Commerce (``Department'') pursuant to the CIT's remand order in the final and amended final determinations of the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam. See Ad Hoc Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company v. United States, Slip Op. 10-39 (CIT 2010) (Ad Hoc IV). This case arises out of the Department's final determinations \1\ and amended final determinations \2\ in the original investigations. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that Ad Hoc IV is not in harmony with the Shrimp AD Final Determinations and Shrimp AD Amended Finals and Orders.

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. We received a timely request to revoke one antidumping duty order in part. In accordance with the Department's regulations, we are initiating those administrative reviews.

In response to a request from ArcelorMittal USA, Inc.; Nucor Corporation; SSAB N.A.D., Evraz Claymont Steel and Evraz Oregon Steel Mills (collectively ``Domestic Producers''), the Department of Commerce (``Department'') is initiating an antidumping circumvention inquiry, pursuant to section 781(c) of the Tariff Act of 1930, as amended (the ``Act''), to determine whether certain imports of certain cut-to-length carbon steel plate (``CTL plate'') are circumventing the antidumping duty order on CTL plate from the People's Republic of China (``PRC''). See Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October 21, 2003) (``Order'').

The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the nexus between privacy policy and innovation in the Internet economy. The Department seeks public comment from all Internet stakeholders, including the commercial, academic and civil society sectors, on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy. The Department also seeks to understand whether current privacy laws serve consumer interests and fundamental democratic values. After analyzing the comments responding to this Notice, the Department intends to issue a report, which will contribute to the Administration's domestic policy and international engagement in the area of Internet privacy.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on magnesium metal from the People's Republic of China (``PRC''), covering the period April 1, 2008, through March 31, 2009. This administrative review covers one exporter of the subject merchandise.