[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28749-28750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11466]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-831]


Carbon and Alloy Steel Wire Rod From the Republic of Turkey: 
Notice of Court Decision Not in Harmony With Amended Final 
Determination of Antidumping Duty Investigation; Notice of Amended 
Final Determination, Amended Antidumping Duty Order; Notice of 
Revocation of Antidumping Duty Order, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 20, 2021, the United States Court of International 
Trade (CIT) issued its final judgment in Icdas Celik Enerji Tersane ve 
Ulasim Sanayi, A.S., et al. v. United States, Consol. Court no. 18-
000143, sustaining the Department of Commerce (Commerce)'s second 
remand determination pertaining to the antidumping duty (AD) 
investigation of carbon and alloy steel wire rod (wire rod) from the 
Republic of Turkey (Turkey) covering the period of investigation 
January 1, 2016, through December 31, 2016. Commerce is notifying the 
public that the CIT's final judgement is not in harmony with Commerce's 
amended final determination in that investigation, and that Commerce is 
amending the amended final determination and the resulting AD order 
with respect to the dumping margin assigned to producer and/or exporter 
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and all other 
producers and/or exporters. In addition, Commerce is amending the 
amended final determination to exclude merchandise produced and 
exported by Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 
(Habas) from the order.

DATES: Applicable May 30, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 2018, Commerce published its Final Determination in 
the AD investigation of wire rod from Turkey.\1\ After correcting a 
ministerial error contained in the Final Determination, on May 21, 
2018, Commerce published the Amended Final Determination and Order, and 
calculated a revised weighted-average dumping margin of 4.93 percent 
for Habas, 7.94 percent for Icdas, and 6.44 percent for all other 
producers/exporters of subject merchandise.\2\
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    \1\ See Carbon and Alloy Steel Wire Rod from Turkey: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 83 FR 13249 (March 28, 
2018) (Final Determination), and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determinations for Spain and the Republic of Turkey, 83 FR 
23417-18 (May 21, 2018) (Amended Final Determination and Order).
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    Icdas and Habas appealed Commerce's Final Determination, as 
modified by the Amended Final Determination and Order. On January 28, 
2020, the CIT remanded the Amended Final Determination and Order to 
Commerce, directing Commerce to recalculate Habas' and Icdas' duty 
drawback adjustments using a different calculation methodology than the 
duty neutral methodology Commerce applied in the Final Determination, 
which allocated the duty drawback over total cost of production.\3\
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    \3\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et 
al. v. United States, Consol. Court No. 18-00143, Slip Op. 20-10 
(January 28, 2020) (First Remand Order) at 30.
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    In its first remand redetermination, issued in April 2020, Commerce 
recalculated Icdas' and Habas' duty drawback adjustment by adding the 
full amount of exempted duties to Habas' and Icdas' U.S. price, and 
adding the same per-unit duty amount to normal value as a circumstance-
of-sale adjustment.\4\ As a result of the changes in the First Results 
of Redetermination, Commerce calculated estimated weighted-average 
dumping margins of 3.22 percent for Habas, 8.72 percent for Icdas, and 
4.78 percent for all other producers/exporters of subject 
merchandise.\5\ The CIT remanded Commerce's determination for a second 
time, ordering Commerce to recalculate normal value without making a 
circumstance-of-sale adjustment related to the duty drawback adjustment 
made to U.S. price.\6\
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    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. 
United States, Consol. Ct. No. 18-00143, Slip Op. 20-10, dated April 
27, 2020 (First Results of Redetermination).
    \5\ Id. at 44.
    \6\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et 
al. v. United States, Consol. Court No. 18-00143, Slip Op. 20-137 
(Sept. 23, 2020) (Second Remand Order) at 17.
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    In its final remand redetermination, issued in December 2020, 
Commerce calculated a duty drawback adjustment for Habas and Icdas 
without making a circumstance-of-sale adjustment to normal value, 
resulting in a revised weighted-average dumping margin of 0.00 percent 
for Habas, and 4.44 percent for Icdas and all other producers/exporters 
of subject merchandise.\7\
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    \7\ See Final Results of Redetermination Pursuant to Second 
Court Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et 
al. v. United States, Consol. Ct. No. 18-00143, Slip Op. 20-137, 
dated December 11, 2020 (Second Results of Redetermination).
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    The CIT sustained Commerce's final redetermination.\8\
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    \8\ See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et 
al. v. United States, Consol. Court No. 18-00143, Slip Op. 21-65 
(May 20, 2021) (CIT Final Judgment).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to sections 516A(c) and (e) 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 May 20, 2021, judgment constitutes a final decision of the 
CIT that is not in harmony with Commerce's Amended Final Determination 
and Order. Thus,

[[Page 28750]]

this notice is published in fulfillment of the publication requirements 
of Timken.
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    \9\ See Timken Co. v United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination and Antidumping Duty Order

    Because there is now a final court judgment, Commerce is amending 
its Amended Final Determination and Order with respect to Habas, Icdas, 
and all other producers/exporters as follows:

------------------------------------------------------------------------
                                                          Cash deposit
                                    Weighted- average   rate  (adjusted
         Producer/exporter            dumping  margin      for export
                                        (percent)          subsidies)
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Habas Sinai ve Tibbi Gazlar                      0.00               0.00
 Istihsal Endustrisi A.S \11\.....
Icdas Celik Enerji Tersane ve                    4.44               0.65
 Ulasim Sanayi A.S................
All Others........................               4.44               0.65
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Notice of Revocation of Antidumping Duty Order, in Part
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    \11\ As discussed below in the ``Liquidation of Suspended 
Entries'' section, entries produced and exported by Habas are 
excluded from the AD order.
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    Pursuant to section 735(a)(4) of the Act, Commerce ``shall 
disregard any weighted average dumping margin that is de minimis as 
defined in section 733(b)(3) of the Act.'' \12\ As a result of this 
amended final determination, Commerce is hereby excluding from this 
Order merchandise produced and exported by Habas, for which Commerce 
has calculated an estimated weighted-average dumping margin of 0.00 
percent.\13\ This exclusion will not be applicable to merchandise 
exported to the United States by Habas in any other producer/exporter 
combination or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination.\14\ As a result of the 
exclusion, Commerce will not initiate any new administrative reviews of 
the AD order with respect to merchandise produced and exported by 
Habas. However, a review may be conducted with regard to merchandise 
produced by Habas and exported by another company or produced by any 
other company and exported by Habas, as such merchandise is not subject 
to exclusion.
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    \12\ Section 733(b)(3) of the Act defines de minimis dumping 
margin as ``less than 2 percent ad valorem or the equivalent 
specific rate for the subject merchandise.''
    \13\ See Second Results of Redetermination at 7.
    \14\ Id.
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Cash Deposit Requirements for Icdas and All Other Producers/Exporters

    Because Icdas and all other producers/exporters do not have 
superseding cash deposit rates, i.e., there have been no final results 
published in subsequent administrative reviews for Icdas and all other 
producers/exporters, Commerce will issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP).

Liquidation of Suspended Entries

    As a result of this Amended Final Determination and Order, in which 
Commerce calculated a revised weighted-average dumping margin of 0.00 
percent for Habas, Commerce is hereby excluding merchandise produced 
and exported by Habas from the AD order. Accordingly, for entries of 
merchandise produced and exported by Habas that were entered, or 
withdrawn from warehouse for consumption, prior to May 30, 2021, 
Commerce will direct CBP to liquidate such entries without regard to 
antidumping duties.
    For entries of merchandise produced and exported by Habas that were 
entered, or withdrawn from warehouse for consumption, on or after May 
30, 2021, Commerce will direct CBP to continue the suspension of 
liquidation at a cash deposit rate of 0.00 percent. Pursuant to 
Timken,\15\ as clarified by Diamond Sawblades,\16\ under sections 
516A(c) and (e) of the Act, Commerce must suspend liquidation of such 
entries pending a ``conclusive'' court decision. If the CIT's ruling is 
not appealed, or if appealed and upheld, Commerce will instruct CBP to 
terminate the suspension of liquidation and to liquidate entries 
produced and exported by Habas, and entered on or after May 30, 2021, 
without regard to antidumping duties.
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    \15\ See Timken, 893 F.2d 337.
    \16\ See Diamond Sawblades, 626 F.3d 1374.
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e), and 777(i) of the Act.

    Dated: May 25, 2021.
Christian Marsh,
Acting Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2021-11466 Filed 5-27-21; 8:45 am]
BILLING CODE 3510-DS-P