[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14835-14836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4311]


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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 March 13, 2006, the United States Court of International 
Trade (the Court) sustained the final remand redetermination made by 
the Department of Commerce (the Department) pursuant to the Court's 
remand of the final results of the 2002-2003 administrative review of 
certain steel concrete reinforcing bars from Turkey. See Colakoglu 
Metalurji A.S. v. United States, Court No. 04-00621, Slip Op. 06-36 
(CIT Mar.13, 2006) (Colakoglu Remand). This case arises out of the 
Department's Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results, Rescission of Antidumping Duty Administrative Review in Part, 
and Determination Not To Revoke in Part, 69 FR 64731 (Nov. 8, 2004) 
(Final Results). The final judgment in this case was not in harmony 
with the Department's November 2004 Final Results.

EFFECTIVE DATE: March 24, 2006.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Alice Gibbons, 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-
0656 or (202) 482-0498, respectively.

SUPPLEMENTARY INFORMATION: In Colakoglu Metalurji A.S. v. United 
States, 394 F. Supp. 2d 1379 (CIT 2005), the Court remanded the 
Department's determination in the final results for further review 
based on the Department's request to reconsider what constitutes the 
appropriate U.S. date of sale for Colakoglu Metalurji A.S. and 
Colakoglu Dis Ticaret (collectively ``Colakoglu''), a Turkish exporter/
producer of subject merchandise.
    On November 18, 2005, the Department issued the draft results of 
redetermination pursuant to remand (draft results) for comment by 
interested parties. In the draft results, the Department explained that 
upon reconsideration of the date-of-sale methodology used for 
Colakoglu, it found that the material terms of sale for Colakoglu's 
U.S. sales were established

[[Page 14836]]

at the ``order'' date. Therefore, the Department stated that it would 
recalculate the margin using Colakoglu's reported ``order'' date as the 
date of sale.
    On November 28, 2005, the Department received comments on the draft 
results from Gerdau AmeriSteel Corporation, Commercial Metals Company 
(SMI Steel Group), and Nucor Corporation (collectively ``the 
petitioners''). On November 30, 2006, the Department received rebuttal 
comments from Colakoglu. On January 13, 2006, the Department issued its 
final results of redetermination pursuant to remand to the Court. After 
analyzing the comments submitted by interested parties, we continued to 
find that the appropriate date of sale for Colakolgu's U.S. sales for 
the time period in question was the ``order'' date. Accordingly, 
Colakoglu's antidumping duty margin percentage for the 2002-2003 period 
of review is 4.91 percent.
    On March 13, 2006, the Court found that the Department complied 
with the Court's remand order and sustained the Department's remand 
redetermination. See Colakoglu Remand.

Timken Notice

    In its decision in Timken Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (Timken), the United States Court of Appeals for the 
Federal Circuit 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 Court's decision in Colakoglu Remand 
on March 13, 2006, constitutes a final decision of that court that is 
not in harmony with the Department's final results in the 2002-2003 
administrative review of certain steel concrete reinforcing bars from 
Turkey. 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.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: March 20, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-4311 Filed 3-23-06; 8:45 am]
BILLING CODE 3510-DS-S