[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65515-65516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29468]


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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 June 15, 2009, and November 23, 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 orders in Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55 
(June 15, 2009) and Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi 
A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23, 
2009). See Results of Redetermination Pursuant to Remand, dated March 
3, 2008, and Results of Redetermination Pursuant to Remand, dated 
September 8, 2009 (found at http://ia.ita.doc.gov/remands). 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.

[[Page 65516]]

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, 2003, through March 31, 2004. 
See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, 
Rescission of Antidumping Duty Administrative Review in Part, and 
Determination To Revoke in Part, 70 FR 67665 (Nov. 8, 2005) (Final 
Results).

EFFECTIVE DATE: December 10, 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 8, 2005, the Department published its final results in 
the antidumping duty administrative review of rebar from Turkey 
covering the POR of April 1, 2003, through March 31, 2004. See Final 
Results. In the Final Results, the Department followed its normal 
practice of using POR weighted-average costs in its margin calculations 
for all companies, instead of quarterly-average costs as requested by 
one respondent, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 
(Habas). In addition, in the Final Results, the Department based the 
U.S. date of sale for each respondent on the earlier of shipment date 
or invoice date, contrary to Habas' request to use contract date as its 
U.S. date of sale.
    On November 15, 2007, the CIT remanded two issues to the Department 
for reconsideration related to the Final Results for Habas:1) using POR 
weighted-average costs versus quarterly-average costs in its margin 
calculations; and 2) basing the U.S. date of sale on invoice date 
versus contract date. On March 3, 2008, the Department issued its final 
results of redetermination pursuant to the CIT's November 15, 2007, 
ruling.
    On June 15, 2009, the CIT affirmed the Department's determination 
to use contract date as the date of sale for Habas' U.S. sales. 
However, the CIT also determined that the Department's Final Results 
were not supported by substantial evidence on the record with respect 
to the agency's cost test. Thus, it remanded to the Department once 
again whether it is appropriate to use quarterly or POR-average costs 
for Habas in this case.
    On September 8, 2009, the Department issued its final results of 
redetermination pursuant to the CIT's June 15, 2009, ruling. The remand 
redetermination explained that, in accordance with the CIT's 
instructions, the Department reconsidered its use of POR cost data and 
as a result it recalculated the margin for Habas using quarterly costs. 
Further, the Department adopted an alternative methodology for the 
recovery-of-cost test and eliminated the 90/60 day window period for 
price-to-price comparisons to prevent distortions as a result of the 
use of quarterly costs.
    The Department's redeterminations resulted in changes to the Final 
Results weighted-average margin for Habas from 26.07 percent to 5.58 
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 on November 23, 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 Habas 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 Act.

    Dated: December 4, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-29468 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-S