[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48802-48803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20050]


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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 of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 9, 2011.

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:

Amended Final Results

    On November 7, 2008, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain steel concrete reinforcing bars 
(rebar) from Turkey. See Certain Steel Concrete Reinforcing Bars From 
Turkey; Final Results of Antidumping Duty Administrative Review and 
Determination To Revoke in Part, 73 FR 66218 (Nov. 7, 2008). The period 
of review (POR) is April 1, 2006, through March 31, 2007.
    As part of this decision, the Department, following the methodology 
used in the 2005-2006 administrative review, depreciated an ``asset'' 
recorded in respondent Ekinciler Demir ve Celik Sanayi A.S.'s/Ekinciler 
Dis Ticaret A.S.'s (Ekinciler's) financial statements which was later 
determined to be capitalized expenses from a proprietary event in an 
earlier period.
    Following the publication of the final results, Ekinciler filed a 
lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's final results of administrative review. 
See Ekinciler Demir ve Celik Sanayi A.S. & Ekinciler Dis Ticaret A.S. 
v. United States, Court No. 08-00415. Further, in litigation related to 
the 2005-2006 administrative review, the Court of Appeals for the 
Federal Circuit determined that the Department did not have the 
authority to depreciate the asset in question. See Nucor Corporation v. 
United States, Ekinciler, et al., Court No. 2009-1476 (April 12, 2010).
    The United States and Ekinciler have now entered into an agreement 
to settle this dispute. Pursuant to the terms of the agreement between 
the United States and Ekinciler, we calculated the following amended 
final margin for Ekinciler for the POR and are amending the final 
results of the antidumping duty administrative review of rebar from 
Turkey as follows:

------------------------------------------------------------------------
      Manufacturer/Producer/Exporter              Margin Percentage
------------------------------------------------------------------------
Ekinciler Demir ve Celik Sanayi A.S./                               0.36
 Ekinciler Dis Ticaret A.S................
------------------------------------------------------------------------

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 351.212(b)(1), for all sales made by 
Ekinciler, because we have the reported entered value of the U.S. 
sales, we have calculated importer-specific

[[Page 48803]]

assessment rates 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 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 Ekinciler for which it did not know its 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.
    We are issuing this determination and publishing these amended 
final results and notice in accordance with 19 U.S.C. 1516a(e).

    Dated: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-20050 Filed 8-8-11; 8:45 am]
BILLING CODE 3510-DS-P