Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45611 

order for which a review is requested 

and a final determination within 120 

days after the date on which the 

preliminary determination is published. 

If it is not practicable to complete the 

review within these time periods, 

section 751(a)(3)(A) of the Act allows 

the Department to extend the time limit 

for the preliminary determination to a 

maximum of 365 days after the last day 

of the anniversary month. See also 19 

CFR 351.213(h)(2). 

We determine that it is not practicable 

to complete the preliminary results of 

this administrative review by the 

current deadline of September 2, 2009, 

for several reasons. Specifically, the 

Department has granted the respondent 

several extensions to respond to the 

original and supplemental 

questionnaires. Accordingly, the 

Department needs additional time to 

review and analyze the responses 

submitted by the respondent. Further, 

the Department requires additional time 

to conduct verification. Therefore, in 

accordance with section 751(a)(3)(A) of 

the Act and 19 CFR 351.213(h)(2), we 

are extending the time period for issuing 

the preliminary results of these reviews 

for 75 days until November 16, 2009. 

The final results continue to be due 120 

days after the publication of the 

preliminary results. 

This notice is published in 

accordance with sections 751(a)(3)(A) 

and 777(i)(1) of the Act and 19 CFR 

351.213(h)(2). 

Dated: August 27, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–21320 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–807] 

Certain Steel Concrete Reinforcing 

Bars From Turkey; Final Results and 

Final Partial Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 6, 2009, the 

Department of Commerce (the 

Department) published the preliminary 

results of the administrative review of 

the antidumping duty order on certain 

steel concrete reinforcing bars (rebar) 

from Turkey. This review covers two 

producers/exporters of the subject 

merchandise to the United States. The 

period of review (POR) is April 1, 2007, 

through March 25, 2008. 

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculations. 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.’’ 

EFFECTIVE DATE: September 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Hector Rodriguez or Holly Phelps, AD/ 

CVD Operations, Office 2, Import 

Administration – Room 1870, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–0629 or (202) 482–0656, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The administrative review covers the 

following two producers/exporters: 

Ekinciler Demir ve Celik Sanayi A.S. 

and Ekinciler Dis Ticaret A.S. 

(collectively, ‘‘Ekinciler’’), and Kaptan 

Demir Celik Endustrisi ve Ticaret A.S. 

(Kaptan). 

On May 6, 2009, the Department 

published in the Federal Register the 

preliminary results of the 2007–2008 

administrative review of the 

antidumping duty order on rebar from 

Turkey. See Certain Steel Concrete 

Reinforcing Bars from Turkey; 

Preliminary Results and Preliminary 

Partial Rescission of Antidumping Duty 

Administrative Review, 74 FR 20911 

(May 6, 2009) (Preliminary Results). 

We invited parties to comment on our 

preliminary results. In June 2009, we 

received a case brief from Kaptan. We 

did not receive rebuttal briefs from any 

party. The Department has conducted 

this administrative review in 

accordance with section 751 of the 

Tariff Act of 1930, as amended (the Act). 

Scope of the Order 

The product covered by this order is 

all stock deformed steel concrete 

reinforcing bars sold in straight lengths 

and coils. This includes all hot–rolled 

deformed rebar rolled from billet steel, 

rail steel, axle steel, or low–alloy steel. 

It excludes (i) plain round rebar, (ii) 

rebar that a processor has further 

worked or fabricated, and (iii) all coated 

rebar. Deformed rebar is currently 

classifiable under subheadings 

7213.10.000 and 7214.20.000 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). The HTSUS 

subheadings are provided for 

convenience and customs purposes. The 

written description of the scope of this 

order is dispositive. 

Period of Review 

The POR is April 1, 2007, through 

March 25, 2008. 

Partial Rescission of Review 

In April 2008, the Department 

received timely requests, in accordance 

with 19 CFR 351.213(b)(1), from the 

domestic interested parties to conduct a 

review for Ege Celik Endustrisi Sanayi 

ve Ticaret A.S. (Ege Celik), Izmir Demir 

Celik Sanayi A.S. (IDC), Kroman Celik 

Sanayi A.S. (Kroman), and Nursan Celik 

Sanayi ve Haddecilik A.S. (Nursan), and 

in June 2008 the Department initiated 

an administrative review of these four 

companies. During this same month, 

each of these respondents informed the 

Department that it did not export rebar 

to the United States during the POR. We 

have confirmed this with U.S. Customs 

and Border Protection (CBP). See the 

April 30, 2009, memorandum to the file 

from Hector Rodriguez, Analyst, 

entitled, ‘‘Confirmation of No 

Shipments for Certain Companies in the 

2007–2008 Antidumping Duty 

Administrative Review on Certain Steel 

Concrete Reinforcing Bars from 

Turkey.’’ Therefore, in accordance with 

19 CFR 351.213(d)(3), and consistent 

with the Department’s practice, we are 

rescinding our review with respect to 

Ege Celik, IDC, Kroman, and Nursan. 

See, e.g., Certain Frozen Warmwater 

Shrimp from Thailand: Final Results 

and Final Partial Rescission of 

Antidumping Duty Administrative 

Review, 72 FR 52065, 52067 (Sept. 12, 

2007); and 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, 67666 (Nov. 8, 2005). 

Cost of Production 

As discussed in the Preliminary 

Results, we conducted an investigation 

to determine whether Ekinciler and 

Kaptan made home market sales of the 

foreign like product during the POR at 

prices below their costs of production 

(COP) within the meaning of section 

773(b)(1) of the Act. We performed the 

cost test for these final results following 

the same methodology as in the 

Preliminary Results. We found 20 

percent or more of Ekinciler’s and 

Kaptan’s sales of a given product during 

the reporting period were at prices less 

than the weighted average COP for this 

period. Thus, we determined that these 


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45612 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

below–cost sales were made in 

‘‘substantial quantities’’ within an 

extended period of time and at prices 

which did not permit the recovery of all 

costs within a reasonable period of time 

in the normal course of trade. See 

sections 773(b)(2)(B) – (D) of the Act. 

Therefore, for purposes of these final 

results, we found that Ekinciler and 

Kaptan made below–cost sales not in 

the ordinary course of trade. 

Consequently, we disregarded these 

sales for Ekinciler and Kaptan and used 

the remaining sales as the basis for 

determining NV pursuant to section 

773(b)(1) of the Act. 

Analysis of Comments Received 

The issues raised in Kaptan’s case 

brief are listed in the Appendix to this 

notice and addressed in the Decision 

Memo, which is adopted by this notice. 

Parties can find a complete discussion 

of all issues raised in this review and 

the corresponding recommendations in 

this public memorandum, which is on 

file in the Central Records Unit, room 

1117, of the main Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

certain changes in the margin 

calculation for Kaptan. These changes 

are discussed in detail in the relevant 

sections of the Decision Memo. 

Final Results of Review 

We determine that the following 

weighted–average margin percentages 

exist for the period April 1, 2007, 

through March 25, 2008: 

Manufacturer/Producer/ 

Exporter Margin Percentage 

Ekinciler Demir ve Celik 

Sanayi A.S./Ekinciler 

Dis Ticaret A.S. ......... 0.35 

Kaptan Demir Celik 

Endustrisi ve Ticaret 

A.S. ........................... 0.00 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries, in accordance 

with 19 CFR 351.212. Pursuant to 19 

CFR 351.212(b)(1), we calculated 

importer–specific assessment rates for 

each respondent based on the ratio of 

the total amount of antidumping duties 

calculated for the examined sales to the 

total entered value of those sales. 

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 intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by companies included in 

these final results of review for which 

the reviewed companies did not know 

their merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate if there is 

no rate for the intermediate 

company(ies) involved in the 

transaction. 

Cash Deposit Requirements 

In December 2008, the International 

Trade Commission (ITC) determined, 

pursuant to section 751(c) of the Act, 

that revocation of this order would not 

be likely to lead to the continuation or 

recurrence of material injury to an 

industry in the United States within a 

reasonably foreseeable time. See Steel 

Concrete Reinforcing Bar From Turkey; 

Determination, 73 FR 77841 (Dec. 19, 

2008). See also Steel Concrete 

Reinforcing Bars from Turkey, Inv. No. 

701–TA–745 (Second Review), USITC 

Pub. 4 (Jan. 2009). As a result of the 

ITC’s negative determination, the 

Department revoked the order on rebar 

from Turkey on January 5, 2009, 

effective as of March 26, 2008 (i.e., the 

fifth anniversary of the date of 

publication in the Federal Register of 

the notice of continuation of this 

antidumping duty order). See 

Revocation of Antidumping Duty Order: 

Certain Steel Concrete Reinforcing Bars 

from Turkey, 74 FR 266 (Jan. 5, 2009). 

Consequently, the collection of cash 

deposits of antidumping duties on 

entries of the subject merchandise is no 

longer required. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility, 

under 19 CFR 351.402(f)(2), to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

results of review in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221(b)(5). 

Dated: August 27, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix – Issues in Decision 

Memorandum 

Company–Specific Issues 

1. Duty Drawback Adjustment for 

Kaptan 

2. Cost of Raw Materials Adjustment for 

Kaptan 

3. Date of Sale for Kaptan 

4. Affiliated Party Freight Revenue for 

Kaptan 

[FR Doc. E9–21321 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 36–2009] 

Foreign-Trade Zone 170—Clark 

County, IN; Application for Subzone; 

Schwarz Pharma Manufacturing Ltd. 

(Pharmaceuticals Manufacturing), 

Seymour, IN 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the Ports of Indiana, grantee 

of FTZ 170, requesting special-purpose 

subzone status for pharmaceutical 

manufacturing facility of Schwarz 

Pharma Manufacturing Ltd. (Shwarz 

Pharma), located in Seymour, Indiana. 

The application was submitted pursuant 

to the provisions of the Foreign-Trade 

Zones Act, as amended (19 U.S.C. 81a– 

81u), and the regulations of the Board 

(15 CFR part 400). It was formally filed 

on August 25, 2009. 

The Schwarz Pharma facility (450 

employees, 28.8 acres, 1. 8 billion 


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