Federal Register - May 28, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices FTZ Board docketed an application submitted by the Port Authority of New York and New Jersey, grantee of FTZ 49, requesting subzone status subject to the existing activation limit of FTZ 49, on behalf of Woodfield Distribution LLC, in Dayton, New Jersey.
The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment 86 FR 19220, April 13, 2021.
The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ
Board Executive Secretary 15 CFR
400.36f, the application to establish Subzone 49V was approved on May 25, 2021, subject to the FTZ Act and the Boards regulations, including Section 400.13, and further subject to FTZ 49s 2,000-acre activation limit.
Dated: May 25, 2021.
Elizabeth Whiteman, Acting Executive Secretary.
FR Doc. 202111347 Filed 52721; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A489831
Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Notice of Court Decision Not in Harmony With Amended Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination, Amended Antidumping Duty Order; Notice of Revocation of Antidumping Duty Order, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: On May 20, 2021, the United States Court of International Trade CIT
issued its final judgment in Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol. Court no.
18000143, sustaining the Department of Commerce Commerces second remand determination pertaining to the antidumping duty AD investigation of carbon and alloy steel wire rod wire rod from the Republic of Turkey Turkey covering the period of investigation January 1, 2016, through December 31, 2016. Commerce is notifying the public that the CITs final judgement is not in harmony with Commerces amended final determination in that investigation, and that Commerce is amending the amended final determination and the AGENCY:
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resulting AD order with respect to the dumping margin assigned to producer and/or exporter Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. Icdas and all other producers and/or exporters. In addition, Commerce is amending the amended final determination to exclude merchandise produced and exported by Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
Habas from the order.
DATES: Applicable May 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: 202 4820176.
SUPPLEMENTARY INFORMATION:
Background On March 28, 2018, Commerce published its Final Determination in the AD investigation of wire rod from Turkey.1 After correcting a ministerial error contained in the Final Determination, on May 21, 2018, Commerce published the Amended Final Determination and Order, and calculated a revised weighted-average dumping margin of 4.93 percent for Habas, 7.94 percent for Icdas, and 6.44
percent for all other producers/exporters of subject merchandise.2
Icdas and Habas appealed Commerces Final Determination, as modified by the Amended Final Determination and Order. On January 28, 2020, the CIT remanded the Amended Final Determination and Order to Commerce, directing Commerce to recalculate Habas and Icdas duty drawback adjustments using a different calculation methodology than the duty neutral methodology Commerce applied in the Final Determination, which allocated the duty drawback over total cost of production.3
In its first remand redetermination, issued in April 2020, Commerce recalculated Icdas and Habas duty drawback adjustment by adding the full 1 See Carbon and Alloy Steel Wire Rod from Turkey: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 83 FR 13249 March 28, 2018 Final Determination, and accompanying Issues and Decision Memorandum IDM.
2 See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey, 83 FR 2341718 May 21, 2018 Amended Final Determination and Order.
3 See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol. Court No. 1800143, Slip Op. 2010 January 28, 2020
First Remand Order at 30.
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amount of exempted duties to Habas and Icdas U.S. price, and adding the same per-unit duty amount to normal value as a circumstance-of-sale adjustment.4 As a result of the changes in the First Results of Redetermination, Commerce calculated estimated weighted-average dumping margins of 3.22 percent for Habas, 8.72 percent for Icdas, and 4.78 percent for all other producers/exporters of subject merchandise.5 The CIT remanded Commerces determination for a second time, ordering Commerce to recalculate normal value without making a circumstance-of-sale adjustment related to the duty drawback adjustment made to U.S. price.6
In its final remand redetermination, issued in December 2020, Commerce calculated a duty drawback adjustment for Habas and Icdas without making a circumstance-of-sale adjustment to normal value, resulting in a revised weighted-average dumping margin of 0.00 percent for Habas, and 4.44 percent for Icdas and all other producers/
exporters of subject merchandise.7
The CIT sustained Commerces final redetermination.8
Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 the Court of Appeals for the Federal Circuit CAFC
held that, pursuant to sections 516Ac and e of the Tariff Act of 1930, as amended 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 CITs May 20, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerces Amended Final Determination and Order. Thus, 4 See Final Results of Redetermination Pursuant to Court Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol.
Ct. No. 1800143, Slip Op. 2010, dated April 27, 2020 First Results of Redetermination.
5 Id. at 44.
6 See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol. Court No. 1800143, Slip Op. 20137 Sept. 23, 2020
Second Remand Order at 17.
7 See Final Results of Redetermination Pursuant to Second Court Remand, Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol. Ct. No. 1800143, Slip Op. 20137, dated December 11, 2020 Second Results of Redetermination.
8 See Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., et al. v. United States, Consol. Court No. 1800143, Slip Op. 2165 May 20, 2021 CIT
Final Judgment.
9 See Timken Co. v United States, 893 F.2d 337
Fed. Cir. 1990 Timken.
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 Fed. Cir. 2010
Diamond Sawblades.
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