[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Notices]
[Pages 30874-30875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8385]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars from Turkey; Notice of 
Amended Final Results Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 13, 2006, the United States Court of International 
Trade (CIT) sustained the final remand redetermination made by the 
Department of Commerce (the Department) pursuant to the CIT's remand of 
the final results of the 2002-2003 administrative review of certain 
steel concrete reinforcing bars (rebar) from Turkey. See Colakoglu 
Metalurji A.S. v. United States, 2006 Ct. Intl. Trade LEXIS 36; Slip 
Op. 2006-36 (Mar. 13, 2006) (Colakoglu Remand). In this remand, the 
Department recalculated the margin for Colakoglu Metalurji A.S. and 
Colakoglu Dis Ticaret (collectively ``Colakoglu''), a Turkish exporter/
producer of subject merchandise, to use Colakolgu's reported ``order'' 
date as the U.S. date of sale. Because all litigation in this matter 
has now concluded, the Department is issuing its amended final results 
in accordance with the CIT's decision.

EFFECTIVE DATE: May 31, 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:

Background

    On November 8, 2004, the Department published its final results, 
covering the period of review from April 1, 2002, through March 31, 
2003. See 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), as corrected by Certain Steel Concrete Reinforcing 
Bars From Turkey; Corrected Final Results of Antidumping Duty 
Administrative Review, 69 FR 68883 (Nov. 26, 2004). In May 2004, 
Colakoglu contested the Department's date-of-sale methodology for its 
U.S. sales. On September 27, 2005, the CIT remanded this issue to the 
Department for further review based on the Department's request to 
reconsider this issue. See Colakoglu Metalurji A.S. v. United States, 
394 F.Supp.2d 1379 (CIT 2005).
    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 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 CIT. After 
analyzing the comments submitted by interested parties, the Department 
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.
    On March 13, 2006, the CIT found that the Department complied with 
the

[[Page 30875]]

CIT's remand order and sustained the Department's remand 
redetermination. See Colakoglu Remand. On March 24, 2006, consistent 
with the decision of the United States Court of Appeals for the Federal 
Circuit in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990), 
the Department notified the public that the CIT's decision was ``not in 
harmony'' with the Department's November 2004 Final Results. See 
Certain Steel Concrete Reinforcing Bars from Turkey: Notice of Court 
Decision Not in Harmony with Final Results of Administrative Review, 71 
FR 14835 (Mar. 24, 2006). No party appealed the CIT's decision. Because 
there is now a final and conclusive decision in the court proceeding, 
we are issuing amended final results to reflect the results of the 
remand determination.

Amended Final Results of Review

    We are amending the final results of the 2002-2003 review on the 
antidumping duty order on rebar from Turkey to reflect a revised 
weighted-average margin of 4.91 percent for Colakoglu for the period 
April 1, 2002, through March 31, 2003.

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.
    Because Colakoglu did not report the entered value for the U.S. 
sales in question, we have calculated importer-specific assessment 
rates by aggregating the dumping margins calculated for all U.S. sales 
to each importer and dividing this amount by the total quantity of 
those sales. To determine whether the duty assessment rates were de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer-specific ad valorem ratios based 
on the export prices. Pursuant to 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties any 
entries for which the assessment rate is de minimis (i.e., less than 
0.50 percent). The Department will issue appraisement instructions 
directly to CBP.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: May 23, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-8385 Filed 5-30-06; 8:45 am]
BILLING CODE 3510-DS-S