International Trade Administration 2010 – Federal Register Recent Federal Regulation Documents

On April 14, 2010, the binational panel issued its decision in the review of the final results of the 2004/2005 antidumping administrative review made by the International Trade Administration, respecting Stainless Steel Sheet and Strip in Coils from Mexico, NAFTA Secretariat File Number USA-MEX-2007-1904-01. The binational panel affirmed in part and remanded in part the International Trade Administration's determination, with one dissenting opinion. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on solid urea from the Russian Federation. The review covers one producer/exporter of the subject merchandise, MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2008, through June 30, 2009. We preliminarily determine that, during the POR, EuroChem sold the subject merchandise at less than normal value.

On December 1, 2009, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). On the basis of a notice of intent to participate and an adequate substantive response from domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited (120-day) 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 likely to prevail if the order were revoked are included in the Final Results of Review section of this notice.

On November 18, 2008, the Court of International Trade (``CIT'') affirmed the Department's remand determination and entered judgment in Shanghai Eswell Enteprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, Court 2008 Ct. Intl. Trade LEXIS 123 (November 18, 2008) (``Shanghai Eswell II''), which challenged certain aspects of the Department of Commerce's (``the Department'') findings in Honey from the People's Republic of China: Final Results and Final Rescission, In Part, of Antidumping Duty Administrative Review, 70 FR 38873 (July 6, 2005) (``Final Results'') and the accompanying Issues and Decision Memorandum. Additionally, on appeal, on November 5, 2009, the Court of Appeals for the Federal Circuit (``CAFC'') affirmed the CIT's ruling in Eswell II. See Shanghai Eswell Enterprise Co., Ltd., Jinfu Trading Co., Ltd., and Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. v. United States, 2009 U.S. App. LEXIS 24374 (Fed. Cir. Nov. 5, 2009) (``Shanghai Eswell III''). As explained below, in accordance with the order contained in the CIT's November 18, 2008 judgement, Shanghai Eswell II, the Department is amending the Final Results of the review to apply the recalculated surrogate financial ratios in the Department's normal value calculation.

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 of those two producers/exporters of the subject merchandise to the United States. This is the third period of review (POR), covering March 1, 2008, through February 28, 2009.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip (BSS) from Germany. For the period of review (POR) March 1, 2008, through February 28, 2009, we have preliminarily determined that U.S. sales have not been made 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 on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.

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 (CIT December 26, 2007) (Agro Dutch II). See Agro Dutch Industries Limited v. United States, Slip Op. 08-50 (CIT May 8, 2008) (Agro Dutch III). Subsequent to the CIT's judgment upholding Commerce's remand redetermination, in October 2008, the CIT exercised its equitable power to order reliquidation of some of Agro Dutch's entries. See Agro Dutch Industries Limited v. United States, Slip Op. 08-110 (CIT October 17, 2008) (Agro Dutch IV). The Government appealed the CIT's decision in Agro Dutch IV to the United States Court of Appeals for the Federal Circuit (CAFC), and on December 15, 2009, the CAFC affirmed the CIT's decision. See Agro Dutch Industries Limited v. United States, Slip Op. 2009-1127 (Fed.Cir. December 15, 2009) (Agro Dutch V). As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2000-2001 administrative review of certain preserved mushrooms from India.

As the Department of Commerce (the Department) requires additional information from the respondent, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively, Mexinox) in order to complete our analysis, the Department finds that it is not practicable to complete the preliminary results of this review within the original time frame. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than August 2, 2010.\1\

On January 5, 2010, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Court No. 04-00454 (May 5, 2009) (Gerber v. United States Remand Order). This matter arose from a challenge to the Department's final results of administrative review of the antidumping duty order on certain preserved mushrooms from the PRC for the period February 1, 2002, through January 31, 2003. In the remand redetermination, the Department: (1) recalculated the assessment rate for Gerber Food (Yunnan) Co., Ltd. using a rate other than the PRC-wide rate as partial adverse facts available (AFA) with respect to only those sales of subject merchandise made by Gerber during the period of review (POR) which Gerber exported to the United States using the invoices of Green Fresh (Zhangzhou) Co., Ltd. (Green Fresh); and (2) recalculated the assessment rate for Green Fresh based on the data it reported, exclusive of the aforementioned transactions, without resorting to facts available or adverse inferences. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2002-2003 administrative review of certain preserved mushrooms from the People's Republic of China (PRC).

In response to a request from Seaman Paper Company of Massachusetts, Inc. (the petitioner), the Department of Commerce (the Department) is initiating an anti-circumvention inquiry to determine whether certain imports of tissue paper from Vietnam are circumventing the antidumping duty order on certain tissue paper products (tissue paper) from the People's Republic of China (PRC). See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Duty Order: Certain Tissue Paper Products from the People's Republic of China, 70 FR 16223 (March 30, 2005) (Tissue Paper Order).

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on certain welded carbon steel standard pipe from Turkey for the period January 1, 2008, through December 31, 2008. We preliminarily find that the net subsidy rate for each company under review is de minimis. See the ``Preliminary Results of Review'' section of this notice, infra. Interested parties are invited to comment on these preliminary results. (See the ``Public Comment'' section, infra.)

The Department of Commerce (the ``Department'') has determined that polyethylene retail carrier bags (``PRCBs'') from the Socialist Republic of Vietnam (``Vietnam'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735 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 (Department) has determined that countervailable subsidies are being provided to producers and exporters of polyethylene retail carrier bags (PRCBs) from the Socialist Republic of Vietnam (Vietnam). For information on the estimated countervailing duty rates, please see the ``Suspension of Liquidation'' section, below.

The Department of Commerce (the Department) has determined that imports of polyethylene retail carrier bags (PRCBs) from Indonesia are being, or are likely to be, sold in the United States at less than fair value (LFTV) as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ``Continuation of Suspension of Liquidation'' section of this notice.