[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Pages 66110-66112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On May 1, 2002, the Department of Commerce published the 
preliminary results of the administrative

[[Page 66111]]

review of the antidumping duty order on certain steel concrete 
reinforcing bars from Turkey (67 FR 21634). This review covers five 
manufacturers/exporters of the subject merchandise to the United 
States. The period of review is April 1, 2000, through March 31, 2001. 
We are rescinding the review with respect to Diler Demir Celik 
Endustrisi ve Ticaret A.S., Yazici Demir Celik Sanayi ve Ticaret A.S., 
and Diler Dis Ticaret A.S.; and ICDAS Celik Enerji Tersane ve Ulasim 
Sanayi, A.S. because these companies had no entries of subject 
merchandise to the United States during the period of review.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for one company. Therefore, the 
final results differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: October 30, 2002.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood, 
Office of AD/CVD Enforcement, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC, 20230; telephone 
(202) 482-0656 and (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to 19 CFR Part 351 (2001).

Background

    This review covers five manufacturers/exporters (i.e., Colakoglu 
Metalurji A.S. (Colakoglu), Diler Demir Celik Endustrisi ve Ticaret 
A.S., Yazici Demir Celik Sanayi ve Ticaret A.S., and Diler Dis Ticaret 
A.S. (collectively, ``Diler''), Ekinciler Holding A.S. and Ekinciler 
Demir Celik A.S. (collectively, ``Ekinciler''), HABAS Sinai ve Tibbi 
Gazlar Istihsal Endustrisi A.S. (Habas), and ICDAS Celik Enerji Tersane 
ve Ulasim Sanayi, A.S. (ICDAS)).
    On May 1, 2002, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on certain steel concrete reinforcing bars (rebar) from 
Turkey. See Certain Steel Concrete Reinforcing Bars from Turkey; 
Preliminary Results of Antidumping Duty Administrative Review, 67 FR 
21634 (May 1, 2002) (Preliminary Results).
    In May and August, 2002, respectively, Diler and ICDAS notified the 
Department that they did not have shipments and/or entries of subject 
merchandise to the United States. Because we were able to confirm this 
with the Customs Service, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice, we are rescinding our review for Diler 
and ICDAS. For further discussion, see the ``Partial Rescission of 
Review'' section of this notice, below.
    We invited parties to comment on our preliminary results of review. 
In May and June, 2002, we received case briefs from the petitioner 
(AmeriSteel Corporation), Colakoglu, and Ekinciler. In June 2002, we 
received rebuttal briefs from the petitioner, Ekinciler, and Habas. In 
addition, from June through September 2002, at our request we received 
supplemental information related to the depreciation expenses reported 
by Ekinciler.
    The Department held a hearing on July 10, 2002, at the request of 
the petitioner.
    On August 19, 2002, the Department postponed the final results of 
this review, pursuant to 19 CFR 351.213(h)(2). See Certain Steel 
Concrete Reinforcing Bars from Turkey; Notice of Extension of Time 
Limits for Final Results of Antidumping Duty Administrative Review, 67 
FR 53778 (Aug. 19, 2002).
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Order

    The product covered by this order is all stock deformed steel 
concrete reinforcing bars sold in straight lengths and coils. This 
includes all hot-rolled deformed rebar rolled from billet steel, rail 
steel, axle steel, or low-alloy steel. It excludes (i) plain round 
rebar, (ii) rebar that a processor has further worked or fabricated, 
and (iii) all coated rebar. Deformed rebar is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers 7213.10.000 and 7214.20.000. The HTSUS subheadings are provided 
for convenience and customs purposes. The written description of the 
scope of this proceeding is dispositive.

Period of Review

    The period of review (POR) is April 1, 2000, through March 31, 
2001.

Partial Rescission of Review

    As noted above, Diler and ICDAS notified the Department that they 
had no shipments and/or entries of subject merchandise to the United 
States during the POR. We have confirmed this with the Customs Service. 
Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent with 
the Department's practice, we are rescinding our review with respect to 
Diler and ICDAS. (See, e.g., Certain Welded Carbon Steel Pipe and Tube 
from Turkey; Final Results and Partial Rescission of Antidumping Duty 
Administrative Review, 63 FR 35190, 35191 (June 29, 1998); and Certain 
Fresh Cut Flowers from Colombia; Final Results and Partial Rescission 
of Antidumping Duty Administrative Review, 62 FR 53287, 53288 (Oct. 14, 
1997).)

Cost of Production

    As discussed in the Preliminary Results, we conducted an 
investigation to determine whether the respondents participating in the 
review made home market sales of the foreign like product during the 
POR at prices below their costs of production (COPs) within the meaning 
of section 773(b)(1) of the Act. We performed the cost test for these 
final results following the same methodology as in the Preliminary 
Results, except as discussed in the accompanying ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Faryar Shirzad, Assistant 
Secretary for Import Administration, dated October 24, 2002.
    We found 20 percent or more of each respondent's sales of a given 
product during the reporting period were at prices less than the 
weighted-average COP for this period. Thus, we determined that these 
below-cost sales were made in ``substantial quantities'' within an 
extended period of time and at prices which did not permit the recovery 
of all costs within a reasonable period of time in the normal course of 
trade. See sections 773(b)(2)(B), (C), and (D) of the Act.
    Therefore, for purposes of these final results, we found that 
Colakoglu, Ekinciler, and Habas made below-cost sales not in the 
ordinary course of trade. Consequently, we disregarded these sales for 
each respondent and used the remaining sales as the basis for 
determining normal value, pursuant to section 773(b)(1) of the Act.

[[Page 66112]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Decision Memo, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memo, is attached to this notice as an Appendix. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit, room B-099, of the main Department 
building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov. The paper copy 
and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These changes are discussed in the 
relevant sections of the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period April 1, 2000, through March 31, 2001:

------------------------------------------------------------------------
                                                                Margin
               Manufacturer/producer/exporter                 percentage
------------------------------------------------------------------------
Colakoglu Metalurji A.S....................................         5.31
Ekinciler Holding A.S./Ekinciler Demir Celik A.S...........         0.04
HABAS Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S........         0.27
------------------------------------------------------------------------

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), for Habas, we have calculated an importer-
specific assessment rate based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of those sales. Regarding Colakoglu and Ekinciler, for 
assessment purposes, we do not have the information to calculate 
entered value because these companies are not the importers of record 
for the subject merchandise. Accordingly, we have calculated importer-
specific duty assessment rates for the merchandise in question by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer and dividing this amount by the total quantity of those sales. 
To determine whether the duty assessment rates were de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculated importer-specific ad valorem ratios based on the export 
prices. We will direct the Customs Service to assess the resulting 
assessment rates uniformly on all entries of that particular importer 
made during the POR. Pursuant to 19 CFR 351.106(c)(2), we will instruct 
the Customs Service 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 appropriate assessment 
instructions directly to the Customs Service within 15 days of 
publication of these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of rebar from Turkey entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates indicated above; (2) for 
previously investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 16.06 percent, the all others rate established in the 
LTFV investigation.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely notification of return/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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 24, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

1. Model Matching Hierarchy
2. Clerical Errors in the Preliminary Results
3. Treatment of Ekinciler's U.S. Sales
4. Financing Expenses for Ekinciler
5. Depreciation Expenses for Ekinciler

[FR Doc. 02-27631 Filed 10-29-02; 8:45 am]
BILLING CODE 3510-DS-P