[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53127-53129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22945]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results, Rescission of Antidumping Duty Administrative Review in Part, 
and Determination Not To Revoke in Part

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 6, 2003, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain steel concrete reinforcing bars from Turkey (68 
FR 23972). This review covers five manufacturers/exporters of the 
subject merchandise to the United States. The period of review is April 
1, 2001, through March 31, 2002. We are rescinding the review with 
respect to Diler Demir Celik Endustrisi ve Ticaret A.S./Yazici Demir 
Celik Sanayi ve Ticaret A.S./Diler Dis Ticaret A.S. and Ekinciler Demir 
Celik A.S. because these companies had no entries of subject 
merchandise to the United States during the period of review. Finally, 
we have determined not to revoke the antidumping duty order with 
respect to ICDAS Celik Enerji Tersane ve Ulasim Sanayi, A.S.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. 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: September 9, 2003.

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:

Background

    This review covers the following five manufacturers/exporters: 
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret (collectively 
``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 Demir Celik A.S. (Ekinciler); Habas 
Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas); and ICDAS Celik 
Enerji Tersane ve Ulasim Sanayi, A.S. (ICDAS).
    On May 6, 2003, 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 and 
Notice of Intent Not to Revoke in Part, 68 FR 23972 (May 6, 2003) 
(Preliminary Results). Also in May 2003, at our request we received 
supplemental cost information from Colakoglu.
    On May 13, 2002, Diler and Ekinciler informed the Department that 
they had no shipments of subject merchandise to the United States 
during the period of review (POR). We reviewed data from the Bureau of 
Customs and Border Protection (BCBP) and confirmed that there were no 
entries of subject merchandise from either company. Consequently, in 
accordance with 19 CFR 351.213(d)(3) and consistent with our practice, 
we are rescinding our review for Diler and Ekinciler. 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 June 2003, we received case briefs from the petitioners (Gerdau 
AmeriSteel Corporation, Commercial Metals Company (SMI Steel Group), 
and Nucor Corporation) and ICDAS, and rebuttal briefs from the 
petitioners, Colakoglu, and ICDAS.
    The Department held a hearing on July 16, 2002, at the request of 
ICDAS.
    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

[[Page 53128]]

description of the scope of this proceeding is dispositive.

Period of Review

    The POR is April 1, 2001, through March 31, 2002.

Partial Rescission of Review

    As noted above, Diler and Ekinciler 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 BCBP. 
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 Ekinciler. (See, e.g., Certain Steel Concrete Reinforcing 
Bars from Turkey; Final Results and Partial Rescission of Antidumping 
Administrative Review, 67 FR 66110, 66111 (Oct. 30, 2002).)

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 Tariff Act of 1930 (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 Jeffrey A. May, 
Deputy Assistant Secretary, Import Administration, to James J. Jochum, 
Assistant Secretary for Import Administration, dated September 3, 2003.
    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, Habas, and ICDAS 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review and to which we have responded are listed in 
the Appendix to this notice and addressed in the Decision Memorandum, 
which is adopted by this notice. 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, 2001, through March 31, 2002:

------------------------------------------------------------------------
         Manufacturer/producer/exporter             Margin percentage
------------------------------------------------------------------------
Colakoglu Metalurji A.S........................                     1.62
HABAS Sinai ve Tibbi Gazlar Istihsal Endustrisi                     2.42
 A.S...........................................
ICDAS Celik Enerji Tersane ve Ulasim Sanayi,                        0.10
 A.S...........................................
------------------------------------------------------------------------

    The Department will determine, and the BCBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), for Habas and ICDAS, for those sales with a reported 
entered value, we have calculated importer-specific assessment rates 
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 all of Colakoglu's sales and certain of ICDAS's sales, 
for assessment purposes, we do not have the information to calculate 
entered value because these companies were not the importers of record 
for the subject merchandise. Accordingly, we have calculated importer-
specific 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. 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 appraisement instructions directly 
to the BCBP 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

[[Page 53129]]

antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.
    This notice also serves as the only 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 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: September 3, 2003.
James J. Jochum,
Assistant Secretaryfor Import Administration.

Appendix--Issues in Decision Memo

Comments
1. Interest Rate Used to Calculate Home Market Credit
2. Exchange Rates Used for Currency Conversions
3. Errors Discovered at Verification
4. Habas's U.S. Short-term Interest Rate
5. Revocation for ICDAS
6. Level of Trade (LOT) for ICDAS
7. Short-length Rebar Sales for ICDAS
8. Calculation of ICDAS's Home Market Indirect Selling Expense Ratio
9. Home Market Indirect Selling Expenses of ICDAS's Affiliated Parties
10. Credit Expenses Reported by ICDAS's Affiliated Parties
11. Start-up Adjustment for ICDAS
12. Amortization Rate Applied to the Start-Up Adjustment
13. Cost of Sales
14. General and Administrative (G&A) Expenses
15. Foreign Exchange Gains and Losses
[FR Doc. 03-22945 Filed 9-8-03; 8:45 am]
BILLING CODE 3510-DS-S