International Trade Administration 2013 – Federal Register Recent Federal Regulation Documents

On March 6, 2013, the United States Court of International Trade (``CIT'' or ``the Court'') sustained the Department of Commerce's (``the Department'') final results of second remand determination, which construed that the scope of the order \1\ excludes Legacy Classic Furniture, Inc.'s (``Legacy'') Heritage Court Bench pursuant to the CIT's remand order in Legacy Classic Furniture v. United States, Court No. 10-00352, Slip Op. 12-121 (September 19, 2012) (``Legacy II'').\2\ 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''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final scope ruling and is amending its final scope ruling on Legacy's Heritage Court Bench.\3\

The Department of Commerce (``the Department'') published its Preliminary Results of the antidumping duty order on certain steel nails from the People's Republic of China (``PRC'') on September 4, 2012.\1\ The period of review (``POR'') is August 1, 2010, through July 31, 2011. 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 these final results. The final dumping margins are listed below in the ``Final Results of the Review'' section of this notice.

On September 6, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea).\1\ This review covers seven manufacturers and/or exporters (collectively, the respondents) of the subject merchandise: Dongbu Steel Co., Ltd. (Dongbu), Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC Co. Ltd. (Haewon), Hyundai HYSCO (HYSCO), LG Chem., Ltd. (LG Chem), LG Hausys, Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd. (Union). The period of review (POR) is August 1, 2010, through July 31, 2011. Based on our analysis of the comments received, we have made certain changes in the margin calculation for Dongbu and HYSCO. The final results, consequently, 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 Review.''

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of hardwood and decorative plywood from the People's Republic of China (PRC).

In response to requests from interested parties, the Department of Commerce (``Department'') is conducting the administrative review of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the People's Republic of China (``PRC''), covering the period of review (``POR'') from February 1, 2011, through January 31, 2012. As discussed below, the Department preliminarily determines that Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'') did not make sales in the United States at prices below normal value (``NV'') during the POR. Additionally, the Department preliminarily determines that Hilltop International (``Hilltop'') failed to cooperate to the best of its ability in this review. The Department is finding Hilltop to be part of the PRC-wide entity to which we are applying adverse facts available (``AFA'') as discussed below.

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The review covers 195 producers/ exporters of the subject merchandise. The Department selected two mandatory respondents for individual examination, Apex Frozen Foods Private Limited \1\ (Apex) and Devi Fisheries Limited (Devi Fisheries),\2\ and accepted a voluntary response from a third, Falcon Marine Exports Limited/K.R. Enterprises (Falcon). The period of review (POR) is February 1, 2011, through January 31, 2012. We have preliminarily determined that sales to the United States have been made below normal value, and, therefore, are subject to antidumping duties. The Department also preliminarily determines that Baby Marine International and Baby Marine Sarass made no shipments of subject merchandise during the POR. 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.

The Department of Commerce (the Department) is currently conducting an administrative review of the antidumping duty order on certain preserved mushrooms (mushrooms) from the People's Republic of China (PRC) covering the period of review (POR) February 1, 2011, through January 31, 2012. We preliminarily determine that sales made by Blue Field (Sichuan) Food Industrial Co. (Blue Field) were below normal value (NV). With respect to Dujiangyan Xingda Foodstuff Co., Ltd. (Xingda) and Zhejiang Iceman Group Co., Ltd./Zhejiang Iceman Food Co., Ltd. (Iceman),\1\ these companies failed to establish that they are separate from the PRC-wide entity. As a result, the PRC-wide entity is now under review. We have preliminarily applied adverse facts available (``AFA'') to the PRC-wide entity because elements of the entity, Xingda and Iceman, failed to act to the best of their ability in complying with the Department's request for information in this review within the established deadlines and significantly impeded the proceeding. We invite interested parties to comment on these preliminary results.

The Department of Commerce has suspended the antidumping investigation involving fresh tomatoes from Mexico. The basis for the suspension of the antidumping investigation is an agreement between the Department of Commerce and producers/exporters accounting for substantially all imports of fresh tomatoes from Mexico wherein each signatory producer/exporter has agreed to revise its prices to eliminate completely the injurious effects of exports of this merchandise to the United States.

The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is replacing the Notice regarding the Trade Mission to Egypt April 14-16, 2013, published at 78 FR 7752, February 4, 2013. The effect of this notice is to expand the mission eligibility to companies in all sectors and/or industries. All companies that have applied to this mission to date, and all companies that apply by March 14, 2013 will be considered.

This notice sets forth a request for input from U.S. businesses capable of exporting their goods or services relevant to landfill environmental standards. The Department of Commerce continues to develop the web-based U.S. Environmental Solutions Toolkit to be used by foreign environmental officials and foreign end-users of environmental technologies that will outline U.S. approaches to a series of environmental problems and highlight participating U.S. vendors of relevant U.S. technologies. The Toolkit will support the President's National Export Initiative by fostering export opportunities for the U.S. environmental industry, as well as advancing global environmental protection.

This notice sets forth a request for input from U.S. businesses capable of exporting their goods or services relevant to management of medical waste. The Department of Commerce continues to develop the web-based U.S. Environmental Solutions Toolkit to be used by foreign environmental officials and foreign end-users of environmental technologies that will outline U.S. approaches to a series of environmental problems and highlight participating U.S. vendors of relevant U.S. technologies. The Toolkit will support the President's National Export Initiative by fostering export opportunities for the U.S. environmental industry, as well as advancing global environmental protection.

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain polyester staple fiber from the People's Republic of China (``PRC''). The period of review (``POR'') is June 1, 2011, through May 31, 2012. The Department has preliminarily determined that Far Eastern Industries (Shanghai) Ltd. and Far Eastern Polychem Industries (``Far Eastern'') and Huvis Sichuan Chemical Fiber Corp. and Huvis Sichuan Polyester Fiber Ltd. (``Huvis Sichuan'') are part of the PRC-wide entity.

This action allocates calendar year 2013 duty exemptions for watch assembly producers (``program producers'') located in the United States Virgin Islands (``USVI'') pursuant to Public Law 97-446, as amended by Public Law 103-465, Public Law106-36 and Public Law 108-429 (``the Act'').

On October 26, 2012, the Department of Commerce (the ``Department'') published the preliminary results of the second sunset review of the antidumping duty order on folding gift boxes from the People's Republic of China (``PRC''). We gave interested parties an opportunity to comment on the preliminary results. The Folding Gift Boxes Fair Trade Coalition (``Domestic Parties'') \1\ filed comments in support of the Department's preliminary results and no other party submitted comments. Further, as a result of the determinations by the Department and the International Trade Commission (``ITC'') that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

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 duty order 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 order.

The Secretary of Commerce, through the International Trade Administration, Office of Competition and Economic Analysis (OCEA), has issued an amended Export Trade Certificate of Review (``Certificate'') to the U.S. Shippers Association (``USSA'') on February 15, 2013. USSA's application to amend its Certificate was announced in the Federal Register on December 5, 2012 (77 FR 72324). The original Certificate No. 85-00018 was issued to USSA on June 3, 1986 (51 FR 20873). The previous amendment (No. 85-16A18) was issued to USSA on August 9, 2010 (75 FR 50747).

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

The Department of Commerce (``Department'') has determined that a request for a new shipper review of the antidumping duty order on wooden bedroom furniture 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 January 1, 2012 through December 31, 2012.

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on silicon metal from the People's Republic of China (``PRC'') for the period of review (``POR'') June 1, 2011, through May 31, 2012. This review covers one PRC company, Shanghai Jinneng International Trade Co., Ltd. (``Shanghai Jinneng'').\1\ The Department preliminarily finds that Shanghai Jinneng did not have reviewable transactions during the POR. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the ``Act'').