[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42353-42356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15062]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 42354]]
SUMMARY: The Department of Commerce (Commerce) determines that Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and Kaptan Demir
Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret Ve
Nakliyat A.S. (collectively, Kaptan), producers/exporters of steel
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey),
each received de minimis net countervailable subsidies during the
period of review (POR) January 1, 2017 through December 31, 2017. This
review also includes 15 companies not individually examined, which
Commerce determines received net countervailable subsidies during the
POR. Additionally, we are rescinding the review for six companies with
no shipments of subject merchandise to the United States during the
POR.
DATES: Applicable July 14, 2020.
FOR FURTHER INFORMATION CONTACT: Nancy Decker, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0196.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on January 17, 2020.\1\ On April 24, 2020, Commerce exercised
its discretion to toll all deadlines in administrative reviews by 50
days, thereby extending the deadline for these results until July 6,
2020.\2\ For a history of all events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review in Part; 2017, 85 FR 3030
(January 17, 2020) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. The
final results were initially due on May 16, 2020 (120 days after
publication of the Preliminary Results). In this case, 50 days after
the original May 16, 2020, deadline falls on July 5, 2020, a Sunday.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2017,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order \4\
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\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
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The merchandise covered by the Order is steel concrete reinforcing
bar (rebar). For a complete description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov, and to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the issues raised by interested parties, and to
which we responded in the Issues and Decision Memorandum, is provided
in the Appendix to this notice.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\5\ For a full description of the methodology
underlying Commerce's conclusions, see the Issues and Decision
Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Rescission of Review
Agir Haddecilik A.S. (Agir), Asil Celik Sanayi ve Ticaret A.S.
(Asil), Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege), Ekinciler
Demir ve Celik Sanayi Anonim Sirketi (Ekinciler), and Kocaer Haddecilik
Sanayi ve Ticar (Kocaer) each timely filed a no-shipments
certification.\6\ U.S. Customs and Border Protection (CBP) did not
provide to Commerce any information that contradicted these no-
shipments certifications. Consequently, in the Preliminary Results,
Commerce announced its intent to rescind the reviews of these
companies. No interested party submitted comments on Commerce's intent
to rescind the reviews of these companies. Because there is no evidence
on the record to indicate that Agir, Asil, Ege, Ekinciler, or Kocaer
had entries, exports, or sales of subject merchandise to the United
States during the POR, pursuant to 19 CFR 351.213(d)(3), we are
rescinding the review with respect to these companies.
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\6\ See Agir's Letter, ``Steel Concrete Reinforcing Bar from
Turkey (C-489-819): Countervailing Duty Administrative Review (1/1/
17-12/31/17),'' dated February 22, 2019; see also Asil's Letter,
``Steel Concrete Reinforcing Bar from Turkey (C-489-819):
Countervailing Duty Administrative Review (1/1/17-12/31/17),'' dated
February 22, 2019; Ege's Letter, ``Steel Concrete Reinforcing Bar
from Turkey (C-489-819), Countervailing Duty Administrative Review
(1/1/17-12/31/17), Certification Of No Sales,'' dated March 5 2019;
Ekinciler's Letter, ``Steel Concrete Reinforcing Bar from Turkey (C-
489-819): Countervailing Duty Administrative Review (1/1/17-12/31/
17),'' dated February 21, 2019; and Kocaer's Letter, '' 2017
Countervailing Duty Administrative Review Involving Steel Concrete
Reinforcing Bar from the Republic of Turkey: Notice of No Sales,''
dated February 21, 2019.
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Entries of merchandise produced and exported by Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to
countervailing duties under this Order because Commerce's final
determination of the investigation with respect to this producer/
exporter combination was negative.\7\ However, any entries of
merchandise produced by any other entity and exported by Habas, or
produced by Habas and exported by another entity, are subject to this
Order.
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\7\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, 79 FR 54963,
54964 (September 15, 2014).
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No interested party submitted comments on Commerce's intent to
rescind the review of Habas. Because there is no evidence on the record
of entries of merchandise produced by another entity and exported by
Habas, or entries of merchandise produced by Habas and exported by
another entity, we determine that Habas is not subject to this
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we
are rescinding the review with respect to Habas.
Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to weight-average the net
countervailable subsidy rates for the selected mandatory companies,
excluding rates that are
[[Page 42355]]
zero, de minimis, or based entirely on facts available.\8\ In this
review, we calculated de minimis net countervailable subsidy rates for
each of the mandatory respondents (i.e., Icdas and Kaptan) during the
POR. In countervailing duty proceedings, where the number of
respondents individually examined has been limited, Commerce has
determined that a ``reasonable method'' to use to determine the rate
applicable to companies not individually examined when all the rates of
selected mandatory respondents are zero or de minimis is to assign to
the non-selected respondents the average of the most recently
determined rates that are not zero, de minimis, or based entirely on
facts available.\9\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to that non-selected respondent, even when that rate is
zero or de minimis.\10\
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\8\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\9\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum at ``Non-Selected
Rate.''
\10\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes
from Turkey: Final Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum at ``Non-Selected
Rate.''
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In the most recently completed administrative review of the Order,
we calculated a net countervailable subsidy rate of 1.82 percent ad
valorem for Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S,
which were not individually examined in this review.\11\ Therefore,
consistent with Commerce's practice, described above, we are assigning
the rate of 1.82 percent ad valorem to Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S., based on the companies' rate calculated in
the prior review.
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\11\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2016, 84 FR 36051, 36052 (July 26, 2019).
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With regard to the 13 remaining non-selected companies, for which
no individual rates have been calculated previously, we are assigning
the rate of 2.29 percent ad valorem, which is the average of the above
de minimis rates calculated in the last review.\12\
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\12\ Id. The average of the two calculated rates that were above
de minimis equals 2.29 percent.
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Final Results of the Review
We find that the net countervailable subsidy rates for the period
January 1, 2017 through December 31, 2017 are as follows:
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Subsidy rate
Company ad valorem
(percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its * 0.41
cross-owned affiliates \13\............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan * 0.19
Metal Dis Ticaret ve Nakliyat A.S. and their cross-
owned affiliates \14\..................................
Acemar International Limited............................ 2.29
A G Royce Metal Marketing............................... 2.29
As Gaz Sinai ve Tibbi Gazlar A.S........................ 2.29
Bastug Metalurji Sanayi AS.............................. 2.29
Colakoglu Dis Ticaret A.S............................... 1.82
Colakoglu Metalurji A.S................................. 1.82
Demirsan Haddecilik Sanayi Ve Ticaret AS................ 2.29
Diler Dis Ticaret AS.................................... 2.29
Duferco Investment Services SA.......................... 2.29
Duferco Celik Ticaret Limited........................... 2.29
Izmir Demir Celik Sanayi A.S............................ 2.29
Mettech Metalurji Madencilik Muhendislik Uretim 2.29
Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................ 2.29
Ozkan Demir Celik Sanayi A.S............................ 2.29
Wilmar Europe Trading BV................................ 2.29
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* (de minimis).
Disclosure
We will disclose to the parties in this proceeding the calculations
performed for these final results within five days of the date of
publication of this notice in the Federal Register.\15\
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\13\ Commerce finds the following companies to be cross-owned
with Icdas: Mardas Marmara Deniz Isletmeciligi A.S., Oraysan Insaat
Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve Sanayi A.S.,
Art[inodot]m Demir In[scedil]aat Turizm Sanayi Ticaret Ltd. Sti.,
Anka Entansif Hayvanc[inodot]l[inodot]k G[inodot]da Tar[inodot]m
Sanayi ve Ticaret A.S., and Eras
Ta[scedil][inodot]mac[inodot]l[inodot]k Taahhut Insaat ve Ticaret
A.S. See Preliminary Results and accompanying Preliminary Decision
Memorandum at 10.
\14\ Commerce finds the following companies to be cross-owned
with Kaptan: Kaptan Is Makinalari Hurda Alim Satim Ltd. Sti, and
Efesan Demir San. Ve Tic. A.S. See Preliminary Results and
accompanying Preliminary Decision Memorandum at 10-11.
\15\ See 19 CFR 351.224(b).
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Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review to liquidate shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after January 1, 2017 through December 31, 2017, for the above-listed
companies at the ad valorem assessment rates listed, except for those
companies to which a de minimis rate is assigned. Concerning those
companies with a de minimis rate, Commerce intends to issue assessment
instructions to CBP to liquidate shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after
January 1, 2017 through December 31, 2017, without regard to
countervailing duties.
Commerce also intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts shown for each of the
respective companies listed above, except, where the rate calculated in
[[Page 42356]]
these final results is de minimis, no cash deposit will be required on
shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, CBP will
continue to collect cash deposits of estimated countervailing duties at
the all-others rate or the most recent company-specific rate applicable
to the company, as appropriate. These cash deposit requirements,
effective upon publication of these final results, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: July 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the 2017 Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Provision of Natural Gas for Less than Adequate
Remuneration (LTAR)--Non-Government Suppliers
Comment 2: New Subsidy Allegation--Super Incentive Scheme
Comment 3: Renewable Energy Sources Support Mechanism (YEKDEM)
Program Calculation
Comment 4: Investment Incentive Certificates Calculation
Comment 5: Non-Selected Company Rate for Colakoglu Dis Ticaret
A.S. and Colakoglu Metalurji A.S. (collectively, Colakoglu)
IX. Recommendation
[FR Doc. 2020-15062 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P