[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Notices]
[Page 51408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17701]



[[Page 51408]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-804]


Carbon and Certain Alloy Steel Wire Rod from Trinidad & Tobago: 
Amended Notice of Court Decision Not In Harmony with Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 8, 2007, the United States Court of International 
Trade (``CIT'') affirmed the final remand results made by the 
Department of Commerce (``the Department'') pursuant to the CIT's 
remand of the final results of antidumping duty administrative review 
of the antidumping order on carbon and certain alloy steel wire rod 
from Trinidad & Tobago. See Mittal Steel Point Lisas Ltd. v. United 
States, Slip Op. 07-120, (Ct. Int'l Trade) (August 8, 2007). This case 
arises out of the Department's final results in the administrative 
review covering the period October 1, 2003, through September 30, 2004. 
See Notice of Final Results of Antidumping Duty Administrative Review: 
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago, 70 FR 
69512 (November 16, 2005) (``Final Results''). The judgment in this 
case was not in harmony with the Department's Final Results. As a 
result of an inadvertent error, the version of this notice released on 
Wednesday, August 15, 2007, contained a typographical error to the 
recalculated margin for these final remand results. This amended notice 
corrects this error. Because this error was discovered prior to 
publication in the Federal Register, this amendment is being published 
in place of the original version released on August 15, 2007.

EFFECTIVE DATE: August 18, 2007.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
5973 or (202) 482-3692, respectively.

SUPPLEMENTARY INFORMATION: In Mittal Steel Point Lisas Ltd. v. United 
States, Slip Op. 07-60, (Ct. Int'l Trade) (April 24, 2007), the CIT 
remanded the underlying Final Results to the Department to re-examine 
its decision regarding its calculation of credit expenses and inventory 
costs used to calculate constructed export price, given the treatment 
of the date of invoice as the date of sale in this review.
    On May 21, 2007, the Department released a draft of the final 
remand results to interested parties and requested that they submit 
comments by May 29, 2007. On May 25, 2007, respondent submitted 
comments. Petitioners did not submit comments. On June 15, 2007, the 
Department issued to the CIT its final remand results. In the final 
remand results the Department made a change to the credit expenses used 
in the constructed export price calculation. The Department also 
changed the inventory costs used in its constructed export calculation 
to reflect the date of invoice as the date of sale. Thus, the 
Department recalculated the antidumping duty rates applicable to 
applicable to Mittal Steel Point Lisas, Ltd. On August 8, 2007, the CIT 
sustained the Department's final remand results. The recalculated 
margin for these final remand results is 4.08 percent.
    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 (``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 
this case on August 8, 2007, constitutes a decision of the 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 revise the cash deposit rate covering the subject 
merchandise.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: August 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-17701 Filed 9-6-07; 8:45 am]
BILLING CODE 3510-DS-S