Notice2022-12186
Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On May 26, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Celik Halat ve Tel Sanayi A.S. v. United States, Court No. 21-00050, sustaining the U.S. Department of Commerce's (Commerce) first remand redetermination pertaining to the countervailing duty (CVD) investigation of prestressed concrete steel wire strand (PC strand) from the Republic of Turkey (Turkey), covering the period of investigation January 1, 2019, through December 31, 2019. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation, and that Commerce is amending the final determination with respect to the countervailable subsidy rate assigned to Celik Halat ve Tel Sanayi A.S. (Celik Halat) and all other exporters/producers of PC strand not individually examined.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Page 34653]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12186]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-843]
Prestressed Concrete Steel Wire Strand From the Republic of
Turkey: Notice of Court Decision Not in Harmony With the Final
Determination of Countervailing Duty Investigation; Notice of Amended
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 26, 2022, the U.S. Court of International Trade (CIT)
issued its final judgment in Celik Halat ve Tel Sanayi A.S. v. United
States, Court No. 21-00050, sustaining the U.S. Department of
Commerce's (Commerce) first remand redetermination pertaining to the
countervailing duty (CVD) investigation of prestressed concrete steel
wire strand (PC strand) from the Republic of Turkey (Turkey), covering
the period of investigation January 1, 2019, through December 31, 2019.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final determination in that investigation,
and that Commerce is amending the final determination with respect to
the countervailable subsidy rate assigned to Celik Halat ve Tel Sanayi
A.S. (Celik Halat) and all other exporters/producers of PC strand not
individually examined.
DATES: Applicable June 5, 2022.
FOR FURTHER INFORMATION CONTACT: Jacob Garten, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3342.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2020, Commerce published its Final Determination in
the CVD investigation of PC strand from Turkey.\1\ Commerce calculated
an estimated net countervailable subsidy rate of 158.44 percent for
Celik Halat and 94.61 percent for all other exporters/producers not
individually examined.\2\ Commerce subsequently published the CVD order
on PC strand from Turkey.\3\
---------------------------------------------------------------------------
\1\ See Prestressed Concrete Steel Wire Strand from the Republic
of Turkey: Final Affirmative Countervailing Duty Determination and
Final Negative Critical Circumstances Determination, 85 FR 80005
(December 11, 2020) (Final Determination).
\2\ Id.
\3\ See Prestressed Concrete Steel Wire Strand from the Republic
of Turkey: Countervailing Duty Order, 86 FR 7990 (February 3, 2021).
---------------------------------------------------------------------------
Celik Halat appealed Commerce's Final Determination. On February
15, 2022, the CIT remanded the Final Determination to Commerce, stating
that Commerce impermissibly used facts otherwise available with respect
to the late filing of Celik Halat's initial questionnaire response.\4\
The CIT ordered Commerce to expeditiously determine a new estimated net
countervailable subsidy rate for Celik Halat that does not resort to
section 776 of the Tariff Act of 1930, as amended (the Act), with
respect to the filing of the initial questionnaire response.\5\
---------------------------------------------------------------------------
\4\ See Celik Halat ve Tel Sanayi A.S. v. United States, Slip
Op. 22-13, Court No. 21-00050 (CIT February 15, 2022).
\5\ Id. at 37.
---------------------------------------------------------------------------
In its final remand redetermination, issued in April 2022, Commerce
accepted Celik Halat's questionnaire responses, and based upon the
information received, calculated an estimated net countervailable
subsidy rate of 2.96 percent for Celik Halat and 16.87 percent for all
other exporters/producers not individually examined.\6\ The CIT
sustained Commerce's final redetermination.\7\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Celik Halat ve Tel Sanayi A.S. v. United States, Court No.
21-00050, Slip. Op. 22-13 (CIT February 15, 2022), dated April 15,
2022.
\7\ See Celik Halat ve Tel Sanayi A.S. v. United States, Slip
Op. 22-55, Court No. 21-00050 (CIT May 26, 2022).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Act, Commerce must publish a notice
of court decision that is not ``in harmony'' with a Commerce
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's May 26, 2022, judgment
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final Determination. Thus, this notice is published in
fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Determination with respect to Celik Halat and all other
exporters/producers not individually examined as follows:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Celik Halat ve Tel Sanayi A.S.\10\.......................... 2.96
All Others.................................................. 16.87
------------------------------------------------------------------------
Cash Deposit Requirements
Commerce will issue revised cash deposit instructions to U.S.
Customs and Border Protection.
---------------------------------------------------------------------------
\10\ Commerce found the following companies to be cross-owned
with Celik Halat: Dogan Sirketler Grubu Holding A.S. and Adilbey
Holding A.S. See Final Determination, 85 FR at 80006 (n.8).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: June 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-12186 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.