Certain Steel Concrete Reinforcing Bars from Turkey; Notice of Partial Rescission of Antidumping Duty Administrative Review, 65011-65012 [E7-22556]

Download as PDF Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Notices period.2 A de minimis margin was found for Lensi in the 2001–2002 review period.3 In the final results of the 2002– 2003 administrative review, we again found a de minimis margin for Lensi and also found that Lensi had met the requirements for revocation from the order under 19 CFR 351.222(b)(2) and 351.222(e)(1).4 Effective July 1, 2003, the antidumping duty order was revoked with respect to Lensi based on the three consecutive reviews resulting in de minimis dumping margins (see 19 CFR 351.222(b)).5 Lensi and AIPC voluntarily disclosed to the Department in letters and in meetings with Department officials6 that if Lensi had correctly reported its U.S. sales data in the seventh review, the data would have resulted in the Department calculating an above de minimis dumping margin in the Seventh Review Final and the antidumping duty order would not have been revoked with respect to Lensi. In their submissions, AIPC and Lensi suggest various processes for the Department to address this voluntary disclosure including reinstating Lensi under the order.7 Scope of the Order rwilkins on PROD1PC63 with NOTICES Imports covered by this order are shipments of certain non–egg dry pasta in packages of five pounds four ounces or less, whether or not enriched or fortified or containing milk or other optional ingredients such as chopped vegetables, vegetable purees, milk, gluten, diastasis, vitamins, coloring and flavorings, and up to two percent egg white. The pasta covered by this scope is typically sold in the retail market, in fiberboard or cardboard cartons, or polyethylene or polypropylene bags of varying dimensions. 2 See Notice of Final Results of the Antidumping Duty Administrative Review and Determination Not to Revoke in Part: Certain Pasta from Italy, 68 FR 6882 (February 11, 2003). 3 See Final Results of the Sixth Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination Not to Revoke in Part, 69 FR 6255 (February 10, 2004). 4 See Notice of Final Results of the Seventh Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination to Revoke in Part, 70 FR 6832 (February 9, 2005) (Seventh Review Final). 5 See Seventh Review Final. 6 See August 31, September 18, and December 7, 2006, letters to the Secretary of Commerce from Lensi and AIPC. See also Memo to The File from Gary Taverman re: Ex Parte Meeting with Counsel for Lensi, August 31, 2006; Memorandum to The File from Eric B. Greynolds re: Ex Parte Meeting with Representatives of Lensi and the American Italian Pasta Company, September 7, 2006; and Memorandum to The File from Eric B. Greynolds re: Ex Parte Meeting with Representatives of Lensi and the American Italian Pasta Company, November 14, 2006. 7 See September 18 and December 7, 2006, letters. VerDate Aug<31>2005 20:17 Nov 16, 2007 Jkt 214001 Excluded from the scope of this order are refrigerated, frozen, or canned pastas, as well as all forms of egg pasta, with the exception of non–egg dry pasta containing up to two percent egg white. Also excluded are imports of organic pasta from Italy that are accompanied by the appropriate certificate issued by the Instituto Mediterraneo Di Certificazione, by Bioagricoop Scrl, by QC&I International Services, by Ecocert Italia, by Consorzio per il Controllo dei Prodotti Biologici, by Associazione Italiana per l’Agricoltura Biologica, or by Instituto per la Certificazione Etica e Ambientale (ICEA) are also excluded from this order. The merchandise subject to this order is currently classifiable under items 1902.19.20 and 1901.90.9095 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise subject to the order is dispositive. Initiation of Changed Circumstances Review As a result of information submitted to the Department by Lensi and AIPC, the Department finds, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), that there is sufficient cause to warrant initiation of a changed circumstances review of the antidumping duty order on certain pasta from Italy with respect to Lensi. AIPC informed the Department that certain information was not included in the data reported to the Department during the seventh review. Lensi and AIPC acknowledge that, contrary to the final results of the seventh administrative review, Lensi did, in fact, make sales at less than normal value during the 2002 - 2003 review period. As a result, Lensi was not entitled to the de minimis rate it received in the seventh review. Nor was Lensi entitled to revocation from the order because it did not satisfy the criteria of having made sales at not less than normal value for a period of at least three consecutive years. Interested parties are invited to comment on this initiation and to address this voluntary disclosure, the possible reinstatement of the order with respect to Lensi, and the appropriate rate in the event that we reinstate the order. Interested parties may submit comments within 14 days of publication of this notice, or the first workday thereafter. Rebuttal comments may be filed not later than 21 days after the date of publication of this notice. The Department will publish in the Federal Register a notice of preliminary PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 65011 results of changed circumstances review, in accordance with 19 CFR 351.221(c)(3)(i), which will set forth the factual and legal conclusions upon which our preliminary results are based. In the event that the Department preliminarily finds that Lensi should be reinstated in the existing antidumping duty order on pasta from Italy, we will order U.S. Customs and Border Protection to suspend liquidation of entries for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the preliminary results. The Department will also issue its final results of review within 270 days of the date on which the changed circumstances review is initiated, in accordance with 19 CFR 351.216(e), and will publish these final results in the Federal Register. This notice is in accordance with section 751(b)(1) of the Act and 19 CFR 351.216 and 351.222. Dated: November 9, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–22554 Filed 11–16–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–489–807] Certain Steel Concrete Reinforcing Bars from Turkey; Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 19, 2007. FOR FURTHER INFORMATION CONTACT: Irina Itkin, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 2, 2007, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Review’’ of the antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey for the period of review April 1, 2006, through March 31, 2007. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request a E:\FR\FM\19NON1.SGM 19NON1 65012 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Notices rwilkins on PROD1PC63 with NOTICES Review, 72 FR 15650 (April 2, 2007). The Department received timely requests for review from the following foreign producers/exporters in this proceeding: Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret (collectively ‘‘Colakoglu’’); Diler Demir Celik Endustrisi ve Ticaret A.S., Yazici Demir Celik Sanayi ve Turizm Ticaret A.S., and Diler Dis Ticaret A.S. (collectively ‘‘Diler’’); Ekinciler Demir ve Celik Sanayi A.S. and Ekinciler Dis Ticaret A.S. (collectively ‘‘Ekinciler’’); Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas); Izmir Demir Celik Sanayi A.S.; and Nursan Celik Sanayi ve Haddecilik A.S. The Department also received a timely request for review from Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company, domestic producers of rebar and interested parties in this proceeding, for the producers/ exporters referenced above, as well as for Ege Celik Endustrisi Sanayi ve Ticaret A.S. and Ege Dis Ticaret A.S.; Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S.; and Kroman Celik Sanayii A.S. On May 30, 2007, the Department published a notice of initiation of administrative review of the antidumping duty order on rebar from Turkey. See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 72 FR 29968 (May 30, 2007). The Department issued quantity and value questionnaires to the producers/exporters for which an administrative review was requested in May 2007. After selecting Colakoglu, Diler, Ekinciler, and Habas as mandatory respondents, the Department issued the antidumping duty questionnaire to them in July 2007. Ekinciler and Habas responded to the Department’s questionnaire in September 2007. The preliminary results for this proceeding are due no later than April 29, 2008. Scope of the Order The product covered by this order is all stock deformed steel concrete reinforcing bars sold in straight lengths and coils. This includes all hot–rolled deformed rebar rolled from billet steel, rail steel, axle steel, or low–alloy steel. It excludes (i) plain round rebar, (ii) rebar that a processor has further worked or fabricated, and (iii) all coated rebar. Deformed rebar is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7213.10.000 and 7214.20.000. The HTSUS subheadings are provided for convenience and customs purposes. The written VerDate Aug<31>2005 20:17 Nov 16, 2007 Jkt 214001 description of the scope of this proceeding is dispositive. DEPARTMENT OF COMMERCE Determination to Rescind, in Part National Institute of Standards and Technology On November 6, 2007, the Department published its final results for the April 1, 2005, through March 31, 2006, administrative review and found that Colakoglu and Diler met the requirements of revocation as described in 19 CFR 351.222. See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results of Antidumping Duty Administrative Review and New Shipper Review and Determination To Revoke in Part, 72 FR 62630 (Nov. 6, 2007). Due to Colakoglu’s and Diler’s revocation in 2005–2006 administrative review, we are rescinding the April 1, 2006, through March 31, 2007, administrative review with respect to them because there is no statutory or regulatory basis to conduct an administrative review for a producer/ exporter that has been revoked from the antidumping duty order. The Department will issue appropriate assessment instructions directly to the U.S. Customs and Border Protection (CBP) 15 days after the publication of this notice. Because we have revoked the order with respect to subject merchandise produced and exported by Colakoglu, as well as with respect to subject merchandise produced and exported by Diler, we will instruct CBP that entries of such merchandise that were suspended on or after April 1, 2006, should be liquidated without regard to antidumping duties and that all cash deposits collected will be returned with interest. This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published pursuant to sections 751(a) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: November 13, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–22556 Filed 11–16–07; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 [Docket No.: 070927542–7543–01] Voting Equipment Evaluations Phase II National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: SUMMARY: In accordance with the provisions of the Help America Vote Act (HAVA), the National Institute of Standards and Technology (NIST) conducted initial benchmark research (Phase I) on voting equipment used in the 2004 elections. (See: http:// vote.nist.gov/meeting-08172007/ Usability-Benchmarks-080907.doc). NIST is soliciting interest in Phase II of the benchmark research for voting equipment certified or submitted for certification to the 2005 Voluntary Voting System Guidelines. The NIST research is designed to: (1) Determine the realistic usability benchmarks for current and future voting system technology to support usability performance standards in next generation voluntary voting systems standards, and (2) develop usability test protocols for conformance testing of such standards. NIST may also examine relevant instructions, documentation and error messages, without doing any direct usability studies thereon. Manufacturers interested in participating in Phase II of this research will be asked to execute a Letter of Understanding. Interested parties are invited to contact NIST for information regarding participation, Letters of Understanding and shipping. DATES: Manufacturers who wish to participate in the program must submit a request and an executed Letter of Understanding by 5 p.m. Eastern Standard Time on March 18, 2008. ADDRESSES: Letters of Understanding may be obtained from and should be submitted to Allan C. Eustis, National Institute of Standards and Technology, Information Technology Laboratory Office, Technology Building 222, Room A328, 100 Bureau Drive, Mail Stop 8970, Gaithersburg, MD 20899–8970. Letters of Understanding may be faxed to: Allan C. Eustis at (301) 975–6097. FOR FURTHER INFORMATION CONTACT: For shipping and further information, you may telephone Allan C. Eustis at (301) 975–5099, or e-mail: allan.eustis@nist.gov. SUPPLEMENTARY INFORMATION: In accordance with the provisions of the Help America Vote Act (Pub. L. 107– E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 65011-65012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22556]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars from Turkey; Notice of 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 19, 2007.

FOR FURTHER INFORMATION CONTACT: Irina Itkin, 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.

SUPPLEMENTARY INFORMATION:

Background

    On April 2, 2007, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity to Request 
Review'' of the antidumping duty order on certain steel concrete 
reinforcing bars (rebar) from Turkey for the period of review April 1, 
2006, through March 31, 2007. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request a

[[Page 65012]]

Review, 72 FR 15650 (April 2, 2007). The Department received timely 
requests for review from the following foreign producers/exporters in 
this proceeding: Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret 
(collectively ``Colakoglu''); Diler Demir Celik Endustrisi ve Ticaret 
A.S., Yazici Demir Celik Sanayi ve Turizm Ticaret A.S., and Diler Dis 
Ticaret A.S. (collectively ``Diler''); Ekinciler Demir ve Celik Sanayi 
A.S. and Ekinciler Dis Ticaret A.S. (collectively ``Ekinciler''); Habas 
Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas); Izmir Demir 
Celik Sanayi A.S.; and Nursan Celik Sanayi ve Haddecilik A.S. The 
Department also received a timely request for review from Nucor 
Corporation, Gerdau Ameristeel Corporation, and Commercial Metals 
Company, domestic producers of rebar and interested parties in this 
proceeding, for the producers/exporters referenced above, as well as 
for Ege Celik Endustrisi Sanayi ve Ticaret A.S. and Ege Dis Ticaret 
A.S.; Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal 
Dis Ticaret ve Nakliyat A.S.; and Kroman Celik Sanayii A.S. On May 30, 
2007, the Department published a notice of initiation of administrative 
review of the antidumping duty order on rebar from Turkey. See 
Initiation of Antidumping Duty and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 72 FR 29968 (May 30, 2007). 
The Department issued quantity and value questionnaires to the 
producers/exporters for which an administrative review was requested in 
May 2007. After selecting Colakoglu, Diler, Ekinciler, and Habas as 
mandatory respondents, the Department issued the antidumping duty 
questionnaire to them in July 2007. Ekinciler and Habas responded to 
the Department's questionnaire in September 2007. The preliminary 
results for this proceeding are due no later than April 29, 2008.

Scope of the Order

    The product covered by this order is all stock deformed steel 
concrete reinforcing bars sold in straight lengths and coils. This 
includes all hot-rolled deformed rebar rolled from billet steel, rail 
steel, axle steel, or low-alloy steel. It excludes (i) plain round 
rebar, (ii) rebar that a processor has further worked or fabricated, 
and (iii) all coated rebar. Deformed rebar is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers 7213.10.000 and 7214.20.000. The HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of this proceeding is dispositive.

Determination to Rescind, in Part

    On November 6, 2007, the Department published its final results for 
the April 1, 2005, through March 31, 2006, administrative review and 
found that Colakoglu and Diler met the requirements of revocation as 
described in 19 CFR 351.222. See Certain Steel Concrete Reinforcing 
Bars From Turkey; Final Results of Antidumping Duty Administrative 
Review and New Shipper Review and Determination To Revoke in Part, 72 
FR 62630 (Nov. 6, 2007). Due to Colakoglu's and Diler's revocation in 
2005-2006 administrative review, we are rescinding the April 1, 2006, 
through March 31, 2007, administrative review with respect to them 
because there is no statutory or regulatory basis to conduct an 
administrative review for a producer/exporter that has been revoked 
from the antidumping duty order.
    The Department will issue appropriate assessment instructions 
directly to the U.S. Customs and Border Protection (CBP) 15 days after 
the publication of this notice. Because we have revoked the order with 
respect to subject merchandise produced and exported by Colakoglu, as 
well as with respect to subject merchandise produced and exported by 
Diler, we will instruct CBP that entries of such merchandise that were 
suspended on or after April 1, 2006, should be liquidated without 
regard to antidumping duties and that all cash deposits collected will 
be returned with interest.
    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
751(a) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: November 13, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-22556 Filed 11-16-07; 8:45 am]
BILLING CODE 3510-DS-S