• Effective Date: Sep 14, 2020
  • Period of Review: Jul 01, 2015 to Jun 30, 2016
  • Cite as: 87 FR 934 • Cite date: Jan 07, 2022
  • Category: Antidumping • Type: • Sub type: CT DECIS-Court Decision • Reference messages: 7198301 • Cases: A489829 • Court Case: 17-00204
1. On 09/04/2020, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States (Slip op. 20-131, Consol. Court No. 17-00204). As a result of this decision, Commerce published in the Federal Register (87 FR 934) on 01/07/2022 with an effective date of 09/14/2020, Steel Concrete Reinforcing Bar from the Republic of Turkey: Notice of Court Decision Not in Harmony with the Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination. 2. The products covered in this investigation are described in message 7198301, dated 07/17/2017. 3. As a result of the CIT's final decision, Commerce has amended the final determination on steel concrete reinforcing bar from the Republic of Turkey. Accordingly, CBP is directed as indicated below. 4. For shipments of steel concrete reinforcing bar from the Republic of Turkey entered, or withdrawn from warehouse, for consumption on or after 09/14/2020, CBP shall require, for such entries, a cash deposit equal to the margins for the producers and/or exporters listed below. This cash deposit rate has been adjusted to reflect the appropriate subsidy offsets determined in the companion countervailing duty proceeding. Producer and/or Exporter: All Others Case Number: A-489-829-000 Cash Deposit Rate: 3.90 percent 5. These cash deposit requirements will remain in effect until further notice. 6. Do not liquidate any entries of the merchandise covered by paragraph 4 above until specific liquidation instructions are issued. 7. Unless instructed otherwise, for all other shipments of steel concrete reinforcing bar from the Republic of Turkey not covered by paragraph 4 above, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 8. Title 19 U.S.C. 1520(a)(4) authorizes refunds prior to liquidation whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. In accordance with 19 U.S.C. 1520(a)(4), CBP is authorized to grant a refund, if requested by the importer, of cash deposits for entries of steel concrete reinforcing bar from the Republic of Turkey from the entities listed in paragraph 4 above which were entered, or withdrawn from warehouse, for consumption during the period 09/14/2020 through the date of this message. 9. The refund amount will be calculated by determining the difference between the amount of cash deposits paid at the time of entry and the amount due as a result of the application of the amended final determination rate (see 87 FR 934). 10. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of the refund. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 11. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII: ML) 12. There are no restrictions on the release of this information. Alexander Amdur