Certain Steel Concrete Reinforcing Bars from Turkey: Notice of Amended Final Results Pursuant to Court Decision, 47260-47261 [2010-19288]

Download as PDF 47260 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices and a final determination of change will be made to the subject standards. DEPARTMENT OF COMMERCE Dated: July 28, 2010. John A. Bricker, State Conservationist, Natural Resources Conservation Service, Richmond, Virginia. Submission for OMB Review; Comment Request [FR Doc. 2010–19201 Filed 8–4–10; 8:45 am] BILLING CODE 3410–16–P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice United States Commission on Civil Rights. ACTION: Notice of meeting. AGENCY: Friday, August 13, 2010; 9:30 a.m. EDT. PLACE: 624 9th St., NW., Room 540, Washington, DC 20425. DATE AND TIME: Meeting Agenda This meeting is open to the public. I. Approval of Agenda. II. 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Persons with a disability requiring special services, such as an interpreter for the hearing impaired, should contact Pamela Dunston at least seven days prior to the meeting at 202–376–8105. TDD: (202) 376–8116. Dated: August 3, 2010. David Blackwood, General Counsel. [FR Doc. 2010–19442 Filed 8–3–10; 4:15 pm] BILLING CODE 6335–01–P VerDate Mar<15>2010 17:52 Aug 04, 2010 Jkt 220001 The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Western Alaska Community Development Quota Program. OMB Control Number: 0648–0269. Form Number(s): NA. Type of Request: Regular submission (extension of a currently approved collection). Number of Respondents: 93. 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[FR Doc. 2010–19249 Filed 8–4–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration (A–489–807) Certain Steel Concrete Reinforcing Bars from Turkey: Notice of Amended Final Results Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 12, 2010, the United States Court of Appeals for the Federal Circuit (CAFC) upheld the final redetermination made by the Department of Commerce (the Department) in the 2005–2006 administrative review of certain steel concrete reinforcing bars (rebar) from Turkey. See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals Company vs. United States, Case No. 07–00457, United States Court of Appeal for the Federal Circuit, (April 12, 2010) (CAFC Decision). In this redetermination, the Department recalculated the cost of production for rebar produced and sold by Ekinciler Demir ve Celik Sanayi A.S. and Ekinciler Dis Ticaret A.S. (collectively, ‘‘Ekinciler’’), a Turkish producer/ exporter of subject merchandise, to exclude depreciation which the Department had imputed to an asset reported in Ekinciler books and records. Because all litigation in this matter has now concluded, the Department is AGENCY: E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices issuing its amended final results in accordance with the CAFC’s decision. EFFECTIVE DATE: August 5, 2010. 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: mstockstill on DSKH9S0YB1PROD with NOTICES Background On November 6, 2007, the Department published its final results in the antidumping duty administrative review of rebar from Turkey covering the period of review from April 1, 2005, through March 31, 2006. 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) (Final Results). In November 2007, Ekinciler contested the Department’s decision to impute an amount for depreciation related to an asset listed as ‘‘melt shop modernization’’ in Ekinciler’s books and records, as had been done in prior segments of the proceeding. Ekinciler claimed that to avoid financial difficulties it had recorded expenses pertaining to foreign exchange gains and losses incurred in 2001 not as expenses in its books and records, but as an asset. Ekinciler alleged that these expenses, in fact, had nothing to do with the modernization of its melt shop facility and, therefore, the Department could not depreciate this amount. On April 14, 2009, the Court of International Trade (CIT) determined that the Department’s Final Results were not supported by substantial evidence on the record and remanded the issue of the imputed depreciation calculated for Ekinciler to the Department. See Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company v. United States, Court No. 07–00457 (Apr. 14, 2009) (Nucor). On May 14, 2009, the Department issued its final results of redetermination pursuant to Nucor. The remand redetermination explained that, in accordance with the CIT’s instructions, the Department recalculated the cost of production for Ekinciler, excluding the depreciation imputed on Ekinciler’s reported melt shop modernization asset. On May 22, 2009, the CIT found that the Department complied with the remand order and sustained the Department’s remand redetermination. VerDate Mar<15>2010 17:52 Aug 04, 2010 Jkt 220001 See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals Company v. United States, Slip Op. 09–50 (May 22, 2009). On June 5, 2009, consistent with the decision of the CAFC in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was ‘‘not in harmony’’ with the Department’s November 2007 Final Results. See Certain Steel Concrete Reinforcing Bars from Turkey: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 74 FR 27016 (June 5, 2009). The domestic rebar industry appealed the CIT’s decision. On April 12, 2010, the CAFC sustained the final redetermination made by the Department pursuant to the CIT’s remand. See CAFC Decision. No party appealed the CAFC’s decision. Because there is now a final and conclusive decision in the Court proceeding, we are issuing amended final results to reflect the results of the remand determination. Amended Final Results of Review We are amending the final results of the 2005–2006 administrative review on the antidumping duty order on rebar from Turkey to reflect a revised weighted–average margin of 0.11 percent for Ekinciler for the period April 1, 2005, through March 31, 2006. Assessment The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). The Department will issue appraisement instructions directly to CBP. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: July 29, 2010. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–19288 Filed 8–4–10; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 47261 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No.: 100630282–0307–02] RIN 0648–ZC18 Availability of Grants Funds for Fiscal Year 2011 National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice. AGENCY: NOAA publishes this notice to re-open the full proposal solicitation period for the Fiscal Year 2011 Bay Watershed Education and Training (B– WET) Hawaii Program. The original solicitation, which was announced in the Federal Register on July 16, 2010, gave an incorrect proposal due date of August 2, 2010. This notice corrects that error by re-opening the solicitation period for this program until September 15, 2010. DATES: Full proposals must be submitted no later than 5:59 p.m., Hawaii Time, September 15, 2010. ADDRESSES: Full proposal application packages should be submitted through Grants.gov. The standard NOAA funding application package is available at http://www.grants.gov. If an applicant does not have Internet access, hard copies with original signatures may be sent to: NOAA Pacific Services Center, 737 Bishop Street, Suite 1550, Honolulu, Hawaii 96813, ATTN: Stephanie Bennett. Applicants submitting hard copy applications must submit one hard copy of the entire application package, a CD copy of the package, including all forms with original signatures. Any proposal packages received after the September 15 2010, submission deadline will not be accepted. FOR FURTHER INFORMATION CONTACT: For administrative or technical issues, contact Stephanie Bennett at 808–522– 7481 (phone) or by e-mail at Stephanie.Bennett@noaa.gov. SUMMARY: NOAA publishes this notice to re-open the full proposal solicitation period for the Fiscal Year 2011 Bay Watershed Education and Training (B–WET) Hawaii Program announced in the Federal Register on July 16, 2010 (75 FR 41660). The new deadline for full proposals is September 15, 2010. The program re-opens the solicitation period due to a typo made in the deadline date published in the original announcement. Full proposals received SUPPLEMENTARY INFORMATION: E:\FR\FM\05AUN1.SGM 05AUN1

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[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Notices]
[Pages 47260-47261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19288]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-489-807)


Certain Steel Concrete Reinforcing Bars from Turkey: Notice of 
Amended Final Results Pursuant to Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 12, 2010, the United States Court of Appeals for the 
Federal Circuit (CAFC) upheld the final redetermination made by the 
Department of Commerce (the Department) in the 2005-2006 administrative 
review of certain steel concrete reinforcing bars (rebar) from Turkey. 
See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals 
Company vs. United States, Case No. 07-00457, United States Court of 
Appeal for the Federal Circuit, (April 12, 2010) (CAFC Decision). In 
this redetermination, the Department recalculated the cost of 
production for rebar produced and sold by Ekinciler Demir ve Celik 
Sanayi A.S. and Ekinciler Dis Ticaret A.S. (collectively, 
``Ekinciler''), a Turkish producer/exporter of subject merchandise, to 
exclude depreciation which the Department had imputed to an asset 
reported in Ekinciler books and records. Because all litigation in this 
matter has now concluded, the Department is

[[Page 47261]]

issuing its amended final results in accordance with the CAFC's 
decision.

EFFECTIVE DATE: August 5, 2010.

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 6, 2007, the Department published its final results in 
the antidumping duty administrative review of rebar from Turkey 
covering the period of review from April 1, 2005, through March 31, 
2006. 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) 
(Final Results). In November 2007, Ekinciler contested the Department's 
decision to impute an amount for depreciation related to an asset 
listed as ``melt shop modernization'' in Ekinciler's books and records, 
as had been done in prior segments of the proceeding. Ekinciler claimed 
that to avoid financial difficulties it had recorded expenses 
pertaining to foreign exchange gains and losses incurred in 2001 not as 
expenses in its books and records, but as an asset. Ekinciler alleged 
that these expenses, in fact, had nothing to do with the modernization 
of its melt shop facility and, therefore, the Department could not 
depreciate this amount.
    On April 14, 2009, the Court of International Trade (CIT) 
determined that the Department's Final Results were not supported by 
substantial evidence on the record and remanded the issue of the 
imputed depreciation calculated for Ekinciler to the Department. See 
Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals 
Company v. United States, Court No. 07-00457 (Apr. 14, 2009) (Nucor).
    On May 14, 2009, the Department issued its final results of 
redetermination pursuant to Nucor. The remand redetermination explained 
that, in accordance with the CIT's instructions, the Department 
recalculated the cost of production for Ekinciler, excluding the 
depreciation imputed on Ekinciler's reported melt shop modernization 
asset.
    On May 22, 2009, the CIT found that the Department complied with 
the remand order and sustained the Department's remand redetermination. 
See Nucor Corporation, Gerdau Ameristeel, Inc., and Commercial Metals 
Company v. United States, Slip Op. 09-50 (May 22, 2009). On June 5, 
2009, consistent with the decision of the CAFC in Timken Co. v. United 
States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the 
public that the CIT's decision was ``not in harmony'' with the 
Department's November 2007 Final Results. See Certain Steel Concrete 
Reinforcing Bars from Turkey: Notice of Court Decision Not in Harmony 
with Final Results of Administrative Review, 74 FR 27016 (June 5, 
2009).
    The domestic rebar industry appealed the CIT's decision. On April 
12, 2010, the CAFC sustained the final redetermination made by the 
Department pursuant to the CIT's remand. See CAFC Decision. No party 
appealed the CAFC's decision. Because there is now a final and 
conclusive decision in the Court proceeding, we are issuing amended 
final results to reflect the results of the remand determination.

Amended Final Results of Review

    We are amending the final results of the 2005-2006 administrative 
review on the antidumping duty order on rebar from Turkey to reflect a 
revised weighted-average margin of 0.11 percent for Ekinciler for the 
period April 1, 2005, through March 31, 2006.

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries.
    Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department will issue appraisement instructions directly to CBP.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: July 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-19288 Filed 8-4-10; 8:45 am]
BILLING CODE 3510-DS-S