[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Notices]
[Pages 65700-65701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22863]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Certain Cut-to-Length Carbon Steel Plate From Romania: 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 November 7, 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 certain cut-to-length carbon steel plate from Romania. See 
Mittal Steel Galati S.A., Formerly Known as Ispat Sidex S.A. v. United 
States, Slip Op. 07-110 (CIT) (July 18, 2007) (Mittal Steel). This case 
arises out of the Department's final results in the administrative 
review covering the period August 1, 2002, through July 31, 2003. See 
Certain Cut-to-Length Carbon Steel Plate from Romania: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
70 FR 12651 (March 15, 2005), and accompanying Issues and Decision 
Memorandum (Final Results). The judgment in this case was not in 
harmony with the Department's Final Results.

DATES: Effective Date: November 23, 2007.

FOR FURTHER INFORMATION CONTACT: John Drury or Dena Crossland, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-3362, respectively.

SUPPLEMENTARY INFORMATION: In Mittal Steel, the CIT remanded the 
underlying Final Results to the Department to re-examine its use of 
Filipino data to value limestone as well as the decision to value scrap 
as an input. The Department issued a draft redetermination on remand to 
interested parties for comment on September 21, 2007. No parties 
commented on the draft redetermination.
    On October 1, 2007, the Department issued to the CIT its final 
remand results. In the final remand results, the Department provided an 
offset for scrap generated and re-used in the production process by 
Mittal Steel Galati S.A., formerly known as Ispat Sidex (Mittal), and 
reconsidered its valuation of the limestone input used to manufacture 
cut-to-length carbon steel plate for this proceeding. Thus, the 
Department recalculated the antidumping duty rate applicable to Mittal. 
On November 7, 2007, the CIT sustained the Department's final remand 
results. The recalculated margin for these final remand results is 7.29 
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 
November 7, 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

[[Page 65701]]

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: November 16, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-22863 Filed 11-21-07; 8:45 am]
BILLING CODE 3510-DS-P