934 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices 

18See Commerce’s Letter, ‘‘Administrative 

Review of the Agreement Suspending the 

Antidumping Duty Investigation on Sugar from 

Mexico: In Lieu of On-Site Verification 

Questionnaire,’’ dated November 23, 2021. 

19See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

17006 (March 26, 2020); and Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

20See 19 CFR 351.309(c)(2) and (d)(2). 

21See 19 CFR 351.310(c). 22See 19 CFR 351.310(d). 

1See Steel Concrete Reinforcing Bar from the 

Republic of Turkey: Final Determination of Sales at 

Less Than Fair Value, 82 FR 23192 (May 22, 2017) 

(Final Determination), and accompanying Issues 

and Decision Memorandum. 2See Steel Concrete Reinforcing Bar from the 

Republic of Turkey and Japan: Amended Final 

Affirmative Antidumping Duty Determination for 

the Republic of Turkey and Antidumping Duty 

Orders, 82 FR 32532 (July 14, 2017) (Amended 

Final Determination and Order). 3 Id., 82 FR at 32533. 4See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi, A.S., and Icdas Celik Enerji Tersane ve 

Ulasim Sanayi, A.S. v. United States, 361 F. Supp. 

3d 1314 (CIT 2019). 

5See Final Results of Redetermination Pursuant 

to Court Remand, Habas Sinai ve Tibbi Gazlar 

Istihsal Industrisi, A.S., et al., v. United States, 

Consol. Ct. No. 17–00204, Slip Op. 19–10, dated 

May 17, 2019 (First Redetermination), available at 

https://enforcement.trade.gov/remands/19-10.pdf. 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this review. Accordingly, we chose to 

verify the information relied upon in 

making the preliminary results through 

alternative means in lieu of an on-site 

verification. Commerce issued a 

questionnaire in lieu of on-site 

verification to each of the respondents 

in the review.18 Any issues that arose 

are addressed in the Preliminary 

Decision Memorandum and in the 

accompanying proprietary 

memorandum for each respondent. 

Public Comment 

Case briefs are due 30 days from the 

publication of these preliminary results 

in the Federal Register. Rebuttal briefs, 

limited to issues raised in case briefs, 

may be submitted no later than seven 

days after the deadline date for case 

briefs. 

Note that Commerce has temporarily 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.19 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this investigation are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.20

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

Commerce’s electric records system, 

ACCESS. An electronically filed request 

must be received successfully in its 

entirety by 5:00 p.m. Eastern Time 

within 30 days after the date of 

publication of this notice.21 Requests 

should contain: (1) The party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

issues to be discussed. If a request for 

a hearing is made, Commerce intends to 

hold the hearing at a time and date to 

be determined.22 Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis of 

the issues raised in any written briefs, 

not later than 120 days after the date of 

publication of this notice, pursuant to 

section 751(a)(3)(A) of the Act, unless 

extended. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: December 30, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

[FR Doc. 2022–00074 Filed 1–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–829] 

Steel Concrete Reinforcing Bar From 

the Republic of Turkey: Notice of Court 

Decision Not in Harmony With the 

Amended Final Determination in the 

Less-Than-Fair-Value Investigation; 

Notice of Amended Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 4, 2020, the 

U.S. Court of International Trade (CIT) 

sustained the Department of 

Commerce’s (Commerce) third remand 

redetermination pertaining to the lessthan-fair-value (LTFV) investigation of 

steel concrete reinforcing bar (rebar) 

from the Republic of Turkey (Turkey). 

Commerce is notifying the public that 

the CIT’s final judgment is not in 

harmony with Commerce’s Amended 

Final Determination in the LTFV 

investigation of rebar from Turkey. 

Pursuant to the CIT’s final judgment, 

Commerce is amending the estimated 

weighted-average dumping margins for 

respondents Habas Sinai ve Tibbi Gazlar 

Istihsal Endustrisi A.S. (Habas) and 

Icdas Celik Enerji Tersane ve Ulasim 

Sanayi A.S. (Icdas), and all other 

producers and exporters of subject 

merchandise. 

DATES: Applicable September 14, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–2371. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 22, 2017, Commerce 

published its Final Determination in the 

LTFV investigation of rebar from 

Turkey.1 Subsequently, on July 14, 

2017, Commerce published its 

Amended Final Determination and 

Order.2 As reflected in Commerce’s 

Amended Final Determination, 

Commerce calculated estimated 

weighted-average dumping margins of 

5.39 percent for Habas, 9.06 percent for 

Icdas, and 7.43 percent for all other 

producers and exporters of subject 

merchandise.3

Habas and Icdas appealed 

Commerce’s Final Determination, as 

amended by the Amended Final 

Determination, to the CIT. On January 

23, 2019, the CIT remanded the 

Amended Final Determination for 

Commerce to: (1) Reconsider its 

calculation of the plaintiffs’ duty 

drawback adjustment; and (2) 

reconsider the application of partial 

adverse facts available (AFA) to Icdas.4

On May 17, 2019, Commerce issued its 

first results of redetermination, in which 

it determined to: (1) Grant Habas and 

Icdas the full amount of duties that were 

drawn back or forgiven to U.S. price, 

and add the same per unit duty amount 

to normal value (NV) as a circumstanceof-sale (COS) adjustment; and (2) 

continue to find that the application of 

partial AFA to Icdas, concerning its 

failure to provide the manufacturer 

information for certain sales in the 

home market, was appropriate.5 As a 

result of the changes in the First 


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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices 935 

6See First Redetermination at 21. 

7See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi, A.S. v. United States, 415 F. Supp. 3d 

1195 (CIT 2019) (Second Remand Order). 

8See Final Results of Redetermination Pursuant 

to Court Remand, Habas Sinai ve Tibbi Gazlar 

Istihsal Endustrisi A.S. v. United Stated, Consol. Ct. 

No. 17–00204, Slip Op. 19–130, dated January 15, 

2020 (Second Redetermination), available at https:// 

enforcement.trade.gov/remands/19-130.pdf. 

9 Id. at 4. 

10See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi, A.S. v. United States, 439 F. Supp. 3d 

1342 (CIT 2020) (Third Remand Order). 

11See Final Results of Redetermination Pursuant 

to Court Remand, Habas Sinai ve Tibbi Gazler 

Istihsal Endustrisi A.S. v. United Stated, Consol. Ct. 

No. 17–00204, Slip Op. 20–51, dated July 1, 2020 

(Third Redetermination), available at https://

enforcement.trade.gov/remands/20-51.pdf. 

12 Id. at 5. 

13See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi, A.S. v. United States, 470 F.Supp. 3d 

1363 (CIT September 4, 2020). 

14See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

15See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

16See Habas Sinai ve Tibbi Gazlar Istihsal 

Endustrisi, A.S. v. United States, 470 F.Supp. 3d 

1363 (CIT September 4, 2020). 

Redetermination, Commerce calculated 

estimated weighted-average dumping 

margins of 4.98 percent for Habas, 8.66 

percent for Icdas, and 7.03 percent for 

all other producers and exporters of 

subject merchandise.6

On October 17, 2019, in its Second 

Remand Order, the CIT sustained 

Commerce’s duty drawback adjustment 

as applied to export price, but remanded 

Commerce to recalculate NV without 

making a COS adjustment in the same 

amount. The CIT also sustained 

Commerce’s use of partial AFA with 

respect to Icdas.7

On January 15, 2020, Commerce 

issued its second results of 

redetermination, in which it 

recalculated each respondent’s NV 

without making the COS adjustment 

related to duty drawback.8 In addition, 

Commerce made an adjustment to cost 

in the amount of the duty forgiven 

divided by the production data to arrive 

at the annual average per-unit import 

duty burden, which was added to the 

cost of production. Commerce 

continued to adjust the full amount of 

duties drawn back to U.S. price as in the 

First Redetermination. As a result of the 

changes to our duty drawback 

methodology in the Second 

Redetermination, Commerce calculated 

estimated weighted-average dumping 

margins of 4.08 percent for Habas, 4.17 

percent Icdas, and 4.13 percent for all 

other producers and exporters of subject 

merchandise.9

On April 17, 2020, in its Third 

Remand Order, the CIT granted 

Commerce’s request for voluntary 

remand and ordered Commerce to 

include Inward Processing Certificate 

(IPC) #36 in its duty drawback 

calculation for Habas.10 On July 1, 2020, 

in the third results of redetermination, 

Commerce revised Habas’ duty 

drawback calculation to include IPC 

#36, which had mistakenly been 

omitted previously.11 As a result of this 

revision to Habas’ duty drawback 

calculation in the Third 

Redetermination, Commerce calculated 

an estimated weighted-average dumping 

margin of 3.96 percent for Habas, and 

4.07 percent for all other producers and 

exporters of subject merchandise. Icdas’ 

weighted-average dumping margin 

remained at 4.17 percent calculated in 

the Second Redetermination.12 On 

September 4, 2020, the court sustained 

Commerce’s Third Redetermination.13

Timken Notice 

In its decision in Timken,14 as 

clarified by Diamond Sawblades,15 the 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A of 

the Tariff Act of 1930, as amended (the 

Act), Commerce must publish a notice 

of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

September 4, 2020 judgment constitutes 

a final decision of the Court that is not 

in harmony with Commerce’s Amended 

Final Determination.16 Thus, this notice 

is published in fulfillment of the 

publication requirements of Timken and 

section 516A of the Act. 

Amended Final Determination 

Because there is now a final court 

decision, Commerce is amending its 

Amended Final Determination. The 

revised estimated weighted-average 

dumping margins are as follows: 

Exporter or producer 

Weighted-average 

dumping margin 

(percent) 

Cash deposit 

(adjusted for 

subsidy offsets) 

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ................................................................................... 3.96 3.92 

Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ...................................................................................... 4.17 4.00 

All Others ..................................................................................................................................................... 4.07 3.90 

Cash Deposit Requirements 

Because there have been subsequent 

administrative reviews for Habas and 

Icdas, the cash deposit rate will remain 

the rates established in the most 

recently completed administrative 

reviews for these companies. The cash 

deposit rate for all other producers and 

exporters is revised from 7.26 percent in 

the Amended Final Determination and 

Order to 3.90 percent, as a result of the 

final court decision. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c)(1) and 

(e), 735(d), 736(a), 751(a) and 777(i) of 

the Act. 

Dated: December 30, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

[FR Doc. 2022–00107 Filed 1–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053] 

Certain Aluminum Foil From the 

People’s Republic of China: Final 

Results of Antidumping Duty 

Administrative Review and Final 

Determination of No Shipments; 2019– 

2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) finds that exporters of 

certain aluminum foil (aluminum foil) 

from the People’s Republic of China 


tkelley on DSK125TN23PROD with NOTICE