[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Page 27016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13193]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars from Turkey: Notice of 
Court Decision Not in Harmony with Final Results of Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 22, 2009, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
results of redetermination pursuant to the CIT's remand in Nucor 
Corporation, Gerdau Ameristeel Corporation, and Commercial Metals 
Company v. United States, Court No. 07-00457 (Apr. 14, 2009) (Nucor I). 
See Results of Redetermination Pursuant to Remand, dated January 31, 
2009 (found at http://ia.ita.doc.gov/remands); and Nucor Corporation, 
Gerdau Ameristeel, Inc., and Commercial Metals Company v. United 
States, Slip Op. 09-50 (May 22, 2009) (Nucor II). Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
(CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken), the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's final 
results of the administrative review of the antidumping duty order on 
certain steel concrete reinforcing bars (rebar) from Turkey covering 
the period of review (POR) of April 1, 2005, through March 31, 2006. 
See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results 
of Antidumping Duty Administrative Review and New Shipper Review and 
Determination To Revoke in Part, 72 FR 62630 (Nov. 6, 2007) (Final 
Results).

EFFECTIVE DATE: June 5, 2009.

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:

Background

    On November 6, 2007, the Department published its final results in 
the antidumping duty administrative review of rebar from Turkey 
covering the POR of April 1, 2005, through March 31, 2006. See Final 
Results. In the Final Results, the Department imputed an amount for 
depreciation related to an account listed as ``melt shop 
modernization'' in the books and records of one respondent, Ekinciler 
Demir ve Celik Sanayi A.S. and Ekinciler Dis Ticaret A.S. 
(collectively, ``Ekinciler''), as had been done in prior segments of 
the proceeding. In Nucor I, the CIT determined that the Department's 
Final Results were not supported by substantial evidence on the record, 
and it remanded the issue of the imputed depreciation calculated for 
Ekinciler to the Department. Specifically, the CIT directed the 
Department to redetermine ``imputed depreciation for Ekinciler without 
the amount that currently reflects the foreign exchange losses in the 
melt shop modernization account.''
    On April 14, 2009, the Department issued its final results of 
redetermination pursuant to Nucor I. The remand redetermination 
explained that, in accordance with the CIT's instructions, the 
Department recalculated the cost of production for Ekinciler excluding 
the depreciation on the foreign exchange losses recorded in Ekinciler's 
melt shop modernization account. The Department's redetermination 
resulted in changes to the Final Results weighted-average margin for 
Ekinciler from 1.66 percent to 0.11 percent.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, the CAFC held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's decision in Nucor v. II on May 22, 2009, constitutes a final 
decision of that court that is not in harmony with the Department's 
Final Results. This notice is published in fulfillment of the 
publication requirements of Timken. Accordingly, the Department will 
continue the suspension of liquidation of the subject merchandise 
pending the expiration of the period of appeal or, if appealed, pending 
a final and conclusive court decision. In the event the CIT's ruling is 
not appealed or, if appealed, upheld by the CAFC, the Department will 
instruct U.S. Customs and Border Protection to assess antidumping 
duties on entries of the subject merchandise during the POR from 
Ekinciler based on the revised assessment rates calculated by the 
Department.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: June 1, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-13193 Filed 6-4-09; 8:45 am]
BILLING CODE 3510-DS-S