Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 27015 

1The Department had previously deferred the 

initiation of the reviews for the 05/06 and 07/08 

periods. See 71 FR 17077 (April 5, 2006) and 73 FR 

16837 (March 31, 2008). 

review. On March 24, 2009, the 

Department published a notice of 

initiation of the antidumping duty 

administrative review of low enriched 

uranium from France for the period 

February 1, 2008 through January 31, 

2009 (the seventh period of review). See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation in 

Part, 74 FR 12310 (March 24, 2009). In 

that notice, the Department also 

initiated administrative reviews 

covering the periods February 1, 2005 

through January 31, 2006 (the fourth 

period of review), and February 1, 2007 

through January 31, 2008 (the sixth 

period of review).1 For the reasons 

discussed below, we are rescinding the 

administrative reviews. 

Rescission of Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if the parties 

that requested a review withdraw the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. On May 15, 2009, 

USEC withdrew its request for the 

seventh administrative review. At the 

same time, USEC and Eurodif withdrew 

their requests for administrative review 

for the fourth and sixth administrative 

reviews. USEC and Eurodif withdrew 

their requests before the 90-day 

deadline, and no other party requested 

administrative reviews of the 

antidumping duty order on low 

enriched uranium from France for the 

periods discussed. Therefore, in 

response to the withdrawals, by USEC 

and Eurodif, of all requests for the three 

administrative reviews, and pursuant to 

19 CFR 351.213(d)(1), the Department 

rescinds the three administrative 

reviews of the antidumping duty order 

on low enriched uranium from France. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries. For the companies 

for which this review is rescinded, the 

antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department is 

currently barred from liquidating entries 

subject to the antidumping order on low 

enriched uranium from France by the 

injunction in place in Eurodif S.A. et al 

v. United States, Court No. 02–00219. 

When the Court of International Trade 

(CIT) issues final judgment and 

dismisses the case, the injunction will 

dissolve. The Department intends to 

issue appropriate assessment 

instructions to CPB 15 days after 

notification by the CIT that the case has 

been dismissed. 

Notification to Importers 

This notice serves as a 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 during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protection orders (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). 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 terms of an 

APO is a sanctionable violation. This 

notice is issued and published in 

accordance with 19 CFR 351.213(d)(4). 

Dated: May 29, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–13198 Filed 6–4–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–836] 

Certain Cut–to-Length Carbon–Quality 

Steel Plate from the Republic of Korea: 

Partial Rescission of Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 24, 2009, in 

response to a request from interested 

parties, the Department of Commerce 

published a notice of initiation of the 

administrative review of the 

antidumping duty order on certain cut– 

to-length carbon–quality steel plate from 

the Republic of Korea. The period of 

review is February 1, 2008, through 

January 31, 2009. The Department of 

Commerce is rescinding this review in 

part. 

EFFECTIVE DATE: June 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Yang Jin Chun or Richard Rimlinger, 

AD/CVD Operations, Office 5, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–5760 and (202) 

482–4477, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 24, 2009, in response to a 

request from interested parties, the 

Department of Commerce (the 

Department) initiated an administrative 

review of the antidumping duty order 

on certain cut–to-length carbon–quality 

steel plate (CTL plate) from the Republic 

of Korea (Korea) for the period of review 

February 1, 2008, through January 31, 

2009. See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation in 

Part, 74 FR 12310, 12312 (March 24, 

2009) (Initiation Notice). One of the 

companies included in the Initiation 

Notice was Dongkuk Steel Mill Co., Ltd. 

(DSM). On April 8, 2009, DSM 

withdrew its request that we review its 

sales of subject merchandise from 

Korea. 

Rescission of Review 

In accordance with 19 CFR 

351.213(d)(1), the Department will 

rescind an administrative review in part 

‘‘if a party that requested the review 

withdraws the request within 90 days of 

the date of publication of notice of 

initiation of the requested review.’’ We 

received the letter withdrawing the 

request for the review of DSM within 

the 90–day time limit. The Department 

received no other requests for review of 

this company. In accordance with 19 

CFR 351.213(d)(1), the Department is 

rescinding the review in part with 

respect to CTL plate from Korea 

produced and/or exported by DSM. The 

Department will issue appropriate 

assessment instructions to U.S. Customs 

and Border Protection 15 days after 

publication of this notice. 

Notification to Importer 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f) to file a 


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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 


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