[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10238-10239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5114]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-804]


Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: 
Amended Final Results Pursuant to a Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 3, 2008, the United States Court of Appeals for 
the Federal Circuit (``CAFC'') affirmed the Department of Commerce's 
(``Department'') final results of redetermination pursuant to the 
Department's voluntary remand, wherein the Department calculated credit 
expenses from the date of invoice, rather than the date of shipment for 
Mittal Steel Point Lisas Ltd. (``Mittal'').\1\ The Court also affirmed 
the Department's classification of Mittal's composite wire rod as non-
prime merchandise. The period of review (``POR'') is October 1, 2003, 
through September 30, 2004. The Department is amending the final 
results of the second administrative review of carbon and certain alloy 
steel wire rod (``wire rod'') from Trinidad and Tobago to reflect the 
U.S. Court of International Trade's (``CIT'') decision.
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    \1\ See Mittal Steel Point Lisas Ltd. v. United States, Unites 
States Court of Appeals 2008-1040, -1054 (Fed. Cir. 2008) (``Mittal 
v. United States'').

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EFFECTIVE DATE: March 10, 2009.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-5973.

SUPPLEMENTARY INFORMATION: On November 16, 2005, the Department 
published its final results in the second administrative review of the 
antidumping duty order on wire rod from Trinidad and Tobago covering 
the POR.\2\
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    \2\ See Notice of Final Results of Antidumping Duty 
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from 
Trinidad and Tobago, 70 FR 69512 (November 16, 2005) (``Final 
Results'').
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    On December 16, 2005, and January 17, 2006, respectively, Mittal 
filed a summons and complaint with the U.S. Court of International 
Trade (``CIT'') challenging the Department's credit expense calculation 
and treatment of non-prime merchandise. On March 7, 2007, the 
Department requested a voluntary remand so that we could reevaluate the 
calculation of credit expenses and inventory carrying costs used to 
calculate constructed export price. On April 24, 2007, the CIT granted 
the Department's voluntary remand motion to reevaluate its calculation 
of credit expenses and inventory carrying costs and affirmed the 
Department's treatment of non-prime merchandise.
    On June 21, 2007, the Department filed with the CIT its final 
results of redetermination, calculating credit expenses from the 
invoice date, rather than the shipment date. The Department also 
changed the inventory carrying costs used in its constructed export 
price calculation to reflect the date of invoice as the date of sale. 
On August 8, 2007, the CIT sustained the final results of 
redetermination on remand. On September 7, 2007, the Department 
notified the public that the final judgment in this case is not in 
harmony with the Final Results.
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    \3\ See Carbon and Certain Alloy Steel Wire Rod from Trinidad & 
Tobago: Amended Notice of Court Decision Not In Harmony with Final 
Results of Antidumping Duty Administrative Review, 72 FR 51408 
(September 7, 2007).
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    On October 5, 2007, and October 9, 2007, respectfully, both Mittal 
and Gerdau Ameristeel Corp. and Keystone Consolidated Industries, Inc., 
the petitioners, appealed the CIT's decision. On December 3, 2008, the 
CAFC affirmed the CIT's decision on both issues. The deadline to appeal 
the redetermination pursuant to remand is March 3, 2009, 90 days after 
the date the CAFC affirmed the CIT's decision (i.e., December 3, 2008). 
However, on January 12, 2009, Mittal filed a motion to lift the 
injunction on liquidating entries related to this case, in which it 
informed the CIT that neither it nor petitioners intended to petition 
the U.S. Supreme Court for certiorari. The CIT granted Mittal's motion 
on January 13, 2009. Therefore, the Department is amending the Final 
Results with respect to Mittal.

Amended Final Results of Review

    The remand redetermination explained that the Department determined 
to calculate credit expense from the date of invoice. Based on this 
reconsideration, we are amending the final results for Mittal. 
Accordingly, we are applying to Mittal the following dumping margin.

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                                                                                            Weighted-average
                                                                                               margin (%)
                   Manufacturer/exporter                          Period of review       ----------------------
                                                                                          Original:   Revised:
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Mittal Steel Point Lisas Ltd. (formerly Caribbean Ispat              10/1/2003-9/30/2004       4.13       4.08
 Limited).................................................
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Assessment

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by these amended final results. The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of these amended final results

Notification to Interested Parties

    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. Pursuant to 19 CFR 351.402(f)(3), failure to 
comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.
    This notice also serves as a 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 and as explained

[[Page 10239]]

in the APO itself. Timely written notification of the 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.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: March 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-5114 Filed 3-9-09; 8:45 am]
BILLING CODE 3510-DS-S