[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65515-65516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-807]
Certain Steel Concrete Reinforcing Bars from Turkey: Notice of
Court Decision Not in Harmony with Final Results of Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2009, and November 23, 2009, 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 orders in Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55
(June 15, 2009) and Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi
A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23,
2009). See Results of Redetermination Pursuant to Remand, dated March
3, 2008, and Results of Redetermination Pursuant to Remand, dated
September 8, 2009 (found at http://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.
[[Page 65516]]
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
certain steel concrete reinforcing bars (rebar) from Turkey covering
the period of review (POR) of April 1, 2003, through March 31, 2004.
See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results,
Rescission of Antidumping Duty Administrative Review in Part, and
Determination To Revoke in Part, 70 FR 67665 (Nov. 8, 2005) (Final
Results).
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations,
Office 2, Import Administration-International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC, 20230; telephone (202) 482-3874.
SUPPLEMENTARY INFORMATION:
Background
On November 8, 2005, the Department published its final results in
the antidumping duty administrative review of rebar from Turkey
covering the POR of April 1, 2003, through March 31, 2004. See Final
Results. In the Final Results, the Department followed its normal
practice of using POR weighted-average costs in its margin calculations
for all companies, instead of quarterly-average costs as requested by
one respondent, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
(Habas). In addition, in the Final Results, the Department based the
U.S. date of sale for each respondent on the earlier of shipment date
or invoice date, contrary to Habas' request to use contract date as its
U.S. date of sale.
On November 15, 2007, the CIT remanded two issues to the Department
for reconsideration related to the Final Results for Habas:1) using POR
weighted-average costs versus quarterly-average costs in its margin
calculations; and 2) basing the U.S. date of sale on invoice date
versus contract date. On March 3, 2008, the Department issued its final
results of redetermination pursuant to the CIT's November 15, 2007,
ruling.
On June 15, 2009, the CIT affirmed the Department's determination
to use contract date as the date of sale for Habas' U.S. sales.
However, the CIT also determined that the Department's Final Results
were not supported by substantial evidence on the record with respect
to the agency's cost test. Thus, it remanded to the Department once
again whether it is appropriate to use quarterly or POR-average costs
for Habas in this case.
On September 8, 2009, the Department issued its final results of
redetermination pursuant to the CIT's June 15, 2009, ruling. The remand
redetermination explained that, in accordance with the CIT's
instructions, the Department reconsidered its use of POR cost data and
as a result it recalculated the margin for Habas using quarterly costs.
Further, the Department adopted an alternative methodology for the
recovery-of-cost test and eliminated the 90/60 day window period for
price-to-price comparisons to prevent distortions as a result of the
use of quarterly costs.
The Department's redeterminations resulted in changes to the Final
Results weighted-average margin for Habas from 26.07 percent to 5.58
percent.
Timken Notice
In its decision in Timken, 893 F.2d at 341, the CAFC held that,
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the
Act), the Department must publish a notice of a court decision that is
not ``in harmony'' with a Department determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
CIT's decision on November 23, 2009, constitutes a final decision of
that court that is not in harmony with the Department's Final Results.
This notice is published in fulfillment of the publication requirements
of Timken. Accordingly, the Department will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal or, if appealed, pending a final and conclusive court
decision. In the event the CIT's ruling is not appealed or, if
appealed, upheld by the CAFC, the Department will instruct U.S. Customs
and Border Protection to assess antidumping duties on entries of the
subject merchandise during the POR from Habas based on the revised
assessment rates calculated by the Department.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29468 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-S