27016 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

This notice is published in 

accordance with section 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: June 1, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–13191 Filed 6–4–09; 8:45 am] 

BILLING CODE 3510–DS–S 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

University of Iowa, Notice of 

Consolidated Decision on Application 

for Duty–Free Entry of Electron 

Microscopes 

This is a decision consolidated pursuant 

to Section 6(c) of the Educational, 

Scientific, and Cultural Materials 

Importation Act of 1966 (Pub. L. 89– 

651, as amended by Pub. L. 106–36; 80 

Stat. 897; 15 CFR part 301). Related 

records can be viewed between 8:30 

A.M. and 5:00 P.M. in Room 3705, U.S. 

Department of Commerce, 14th and 

Constitution Avenue., NW, Washington, 

D.C. 

Docket Number: 09–017. Applicant: 

University of Iowa, Iowa City, IA 52242. 

Instrument: Electron Microscope. 

Manufacturer: JEOL, Japan. Intended 

Use: See notice at 74 FR 20281, May 1, 

2009. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as this 

instrument is intended to be used, is 

being manufactured in the United States 

at the time the instrument was ordered. 

Reasons: The foreign instrument is an 

electron microscope and is intended for 

research or scientific educational uses 

requiring an electron microscope. We 


erowe on PROD1PC63 with NOTICES