Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34653 

1See Prestressed Concrete Steel Wire Strand from 

the Republic of Turkey: Final Affirmative 

Countervailing Duty Determination and Final 

Negative Critical Circumstances Determination, 85 

FR 80005 (December 11, 2020) (Final 

Determination). 

2 Id. 

3See Prestressed Concrete Steel Wire Strand from 

the Republic of Turkey: Countervailing Duty Order, 

86 FR 7990 (February 3, 2021). 

4See Celik Halat ve Tel Sanayi A.S. v. United 

States, Slip Op. 22–13, Court No. 21–00050 (CIT 

February 15, 2022). 

5 Id. at 37. 

6See Final Results of Redetermination Pursuant 

to Court Remand, Celik Halat ve Tel Sanayi A.S. v. 

United States, Court No. 21–00050, Slip. Op. 22– 

13 (CIT February 15, 2022), dated April 15, 2022. 

7See Celik Halat ve Tel Sanayi A.S. v. United 

States, Slip Op. 22–55, Court No. 21–00050 (CIT 

May 26, 2022). 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

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

2010) (Diamond Sawblades). 

10Commerce found the following companies to be 

cross-owned with Celik Halat: Dogan Sirketler 

Grubu Holding A.S. and Adilbey Holding A.S. See 

Final Determination, 85 FR at 80006 (n.8). 

currently classified under HTSUS 

subheading 7317.00.1000. 

Also excluded from the scope are 

decorative or upholstery tacks. 

Certain steel nails subject to this 

investigation are currently classified under 

HTSUS subheadings 7317.00.5501, 

7317.00.5502, 7317.00.5503, 7317.00.5505, 

7317.00.5507, 7317.00.5508, 7317.00.5511, 

7317.00.5518, 7317.00.5519, 7317.00.5520, 

7317.00.5530, 7317.00.5540, 7317.00.5550, 

7317.00.5560, 7317.00.5570, 7317.00.5580, 

7317.00.5590, 7317.00.6530, 7317.00.6560 

and 7317.00.7500. Certain steel nails subject 

to this investigation also may be classified 

under HTSUS subheadings 7318.15.5090, 

7907.00.6000, 8206.00.0000 or other HTSUS 

subheadings. While the HTSUS subheadings 

are provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Subsidies Valuation 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2022–12187 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–843] 

Prestressed Concrete Steel Wire 

Strand From the Republic of Turkey: 

Notice of Court Decision Not in 

Harmony With the Final Determination 

of Countervailing Duty Investigation; 

Notice of Amended Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 26, 2022, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Celik Halat 

ve Tel Sanayi A.S. v. United States, 

Court No. 21–00050, sustaining the U.S. 

Department of Commerce’s (Commerce) 

first remand redetermination pertaining 

to the countervailing duty (CVD) 

investigation of prestressed concrete 

steel wire strand (PC strand) from the 

Republic of Turkey (Turkey), covering 

the period of investigation January 1, 

2019, through December 31, 2019. 

Commerce is notifying the public that 

the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation, and 

that Commerce is amending the final 

determination with respect to the 

countervailable subsidy rate assigned to 

Celik Halat ve Tel Sanayi A.S. (Celik 

Halat) and all other exporters/producers 

of PC strand not individually examined. 

DATES: Applicable June 5, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Garten, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3342. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 11, 2020, Commerce 

published its Final Determination in the 

CVD investigation of PC strand from 

Turkey.1 Commerce calculated an 

estimated net countervailable subsidy 

rate of 158.44 percent for Celik Halat 

and 94.61 percent for all other 

exporters/producers not individually 

examined.2 Commerce subsequently 

published the CVD order on PC strand 

from Turkey.3

Celik Halat appealed Commerce’s 

Final Determination. On February 15, 

2022, the CIT remanded the Final 

Determination to Commerce, stating that 

Commerce impermissibly used facts 

otherwise available with respect to the 

late filing of Celik Halat’s initial 

questionnaire response.4 The CIT 

ordered Commerce to expeditiously 

determine a new estimated net 

countervailable subsidy rate for Celik 

Halat that does not resort to section 776 

of the Tariff Act of 1930, as amended 

(the Act), with respect to the filing of 

the initial questionnaire response.5

In its final remand redetermination, 

issued in April 2022, Commerce 

accepted Celik Halat’s questionnaire 

responses, and based upon the 

information received, calculated an 

estimated net countervailable subsidy 

rate of 2.96 percent for Celik Halat and 

16.87 percent for all other exporters/ 

producers not individually examined.6

The CIT sustained Commerce’s final 

redetermination.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamond Sawblades,9 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of 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 

May 26, 2022, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to 

Celik Halat and all other exporters/ 

producers not individually examined as 

follows: 

Company 

Subsidy 

rate 

(percent) 

Celik Halat ve Tel Sanayi A.S.10 2.96 

All Others .................................... 16.87 

Cash Deposit Requirements 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: June 1, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–12186 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–DS–P 


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