[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Notices]
[Pages 47260-47261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19288]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-489-807)
Certain Steel Concrete Reinforcing Bars from Turkey: Notice of
Amended Final Results Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 12, 2010, the United States Court of Appeals for the
Federal Circuit (CAFC) upheld the final redetermination made by the
Department of Commerce (the Department) in the 2005-2006 administrative
review of certain steel concrete reinforcing bars (rebar) from Turkey.
See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals
Company vs. United States, Case No. 07-00457, United States Court of
Appeal for the Federal Circuit, (April 12, 2010) (CAFC Decision). In
this redetermination, the Department recalculated the cost of
production for rebar produced and sold by Ekinciler Demir ve Celik
Sanayi A.S. and Ekinciler Dis Ticaret A.S. (collectively,
``Ekinciler''), a Turkish producer/exporter of subject merchandise, to
exclude depreciation which the Department had imputed to an asset
reported in Ekinciler books and records. Because all litigation in this
matter has now concluded, the Department is
[[Page 47261]]
issuing its amended final results in accordance with the CAFC's
decision.
EFFECTIVE DATE: August 5, 2010.
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 6, 2007, the Department published its final results in
the antidumping duty administrative review of rebar from Turkey
covering the period of review from April 1, 2005, through March 31,
2006. See Certain Steel Concrete Reinforcing Bars From Turkey; Final
Results of Antidumping Duty Administrative Review and New Shipper
Review and Determination To Revoke in Part, 72 FR 62630 (Nov. 6, 2007)
(Final Results). In November 2007, Ekinciler contested the Department's
decision to impute an amount for depreciation related to an asset
listed as ``melt shop modernization'' in Ekinciler's books and records,
as had been done in prior segments of the proceeding. Ekinciler claimed
that to avoid financial difficulties it had recorded expenses
pertaining to foreign exchange gains and losses incurred in 2001 not as
expenses in its books and records, but as an asset. Ekinciler alleged
that these expenses, in fact, had nothing to do with the modernization
of its melt shop facility and, therefore, the Department could not
depreciate this amount.
On April 14, 2009, the Court of International Trade (CIT)
determined that the Department's Final Results were not supported by
substantial evidence on the record and remanded the issue of the
imputed depreciation calculated for Ekinciler to the Department. See
Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals
Company v. United States, Court No. 07-00457 (Apr. 14, 2009) (Nucor).
On May 14, 2009, the Department issued its final results of
redetermination pursuant to Nucor. The remand redetermination explained
that, in accordance with the CIT's instructions, the Department
recalculated the cost of production for Ekinciler, excluding the
depreciation imputed on Ekinciler's reported melt shop modernization
asset.
On May 22, 2009, the CIT found that the Department complied with
the remand order and sustained the Department's remand redetermination.
See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals
Company v. United States, Slip Op. 09-50 (May 22, 2009). On June 5,
2009, consistent with the decision of the CAFC in Timken Co. v. United
States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the
public that the CIT's decision was ``not in harmony'' with the
Department's November 2007 Final Results. See Certain Steel Concrete
Reinforcing Bars from Turkey: Notice of Court Decision Not in Harmony
with Final Results of Administrative Review, 74 FR 27016 (June 5,
2009).
The domestic rebar industry appealed the CIT's decision. On April
12, 2010, the CAFC sustained the final redetermination made by the
Department pursuant to the CIT's remand. See CAFC Decision. No party
appealed the CAFC's decision. Because there is now a final and
conclusive decision in the Court proceeding, we are issuing amended
final results to reflect the results of the remand determination.
Amended Final Results of Review
We are amending the final results of the 2005-2006 administrative
review on the antidumping duty order on rebar from Turkey to reflect a
revised weighted-average margin of 0.11 percent for Ekinciler for the
period April 1, 2005, through March 31, 2006.
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
assessment rate is de minimis (i.e., less than 0.50 percent). The
Department will issue appraisement instructions directly to CBP.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: July 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-19288 Filed 8-4-10; 8:45 am]
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