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, 51408 [E7-17701]
Download as PDF
<![CDATA[
51408
Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
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
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
mstockstill on PROD1PC66 with NOTICES
AGENCY:
VerDate Aug<31>2005
18:34 Sep 06, 2007
Jkt 211001
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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–840]
Partial Rescission of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, 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) 482–1131 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 2, 2006, the Department
issued a notice of opportunity to request
an administrative review of this order
for the October 1, 2005 through
September 30, 2006 period of review
(POR). See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 71
FR 57920 (October 2, 2006). On October
31, 2006, Mittal Canada Inc. (formerly
Ispat Sidbec Inc.) requested an
administrative review of its entries that
were subject to the antidumping duty
order for this period. On that same date,
the Department also received requests
from petitioners for a review of Ivaco,
Inc. and Ivaco Rolling Mills L.P., and
from Ivaco Rolling Mills 2004 L.P. and
Sivaco Ontario, a division of Sivaco
Wire Group 2004 L.P., for a review of
those companies. On November 27,
2006, the Department published the
notice of initiation of this antidumping
duty administrative review, covering
Ivaco Rolling Mills 2004 L.P., Mittal
Canada Inc. (formerly Ispat Sidbec Inc.),
and Sivaco Ontario Processing (a
division of Sivaco Wire Group 2004
L.P.). See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 68535 (November 27,
2006).1
1 Note that the Department recently concluded a
changed circumstance review, in which it
determined that, as of the publication of that final
changed circumstance review, ‘‘(1) Ivaco Rolling
Mills 2004 L.P. is the successor-in-interest to Ivaco
Rolling Mills L.P.; and (2) Sivaco Ontario, a
division of Sivaco Wire Group 2004 L.P., is the
successor-in-interest to Ivaco Inc. for antidumping
duty cash deposit purposes.’’ See Notice of Final
E:\FR\FM\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Notices]
[Page 51408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17701]
[[Page 51408]]
-----------------------------------------------------------------------
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
