[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Notices]
[Pages 62628-62630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21805]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results of New Shipper Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 10, 2007, the Department of Commerce (the 
Department) published the preliminary results of the new shipper review 
of the antidumping duty order on certain steel concrete reinforcing 
bars (rebar) from Turkey. This review covers one producer/exporter of 
the subject merchandise to the United States, Ege Celik Endustrisi ve 
Ticaret A.S./Ege Dis Ticaret A.S. (Ege Celik). The period of review 
(POR) is April 1, 2006, through September 30, 2006.
    Based on our analysis of the comments received, we have made no 
changes to the margin calculations. Therefore, the final results do not 
differ from the preliminary results. The final weighted-average dumping 
margin for Ege Celik is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: November 6, 2007.

[[Page 62629]]


FOR FURTHER INFORMATION CONTACT: Irina Itkin, AD/CVD Operations, 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.

SUPPLEMENTARY INFORMATION:

Background

    This new shipper review covers one producer/exporter, Ege Celik. On 
September 10, 2007, the Department published in the Federal Register 
the preliminary results of the new shipper review of the antidumping 
duty order on rebar from Turkey. See Notice of Preliminary Results of 
New Shipper Review of the Antidumping Duty Order on Certain Steel 
Concrete Reinforcing Bars from Turkey, 72 FR 51598 (Sep. 10, 2007) 
(Preliminary Results).
    We invited parties to comment on our preliminary results of this 
review. In October 2007, we received a case brief with respect to the 
preliminary results from the domestic industry (i.e., Gerdau AmeriSteel 
Corporation, Commercial Metals Company (SMI Steel Group), and Nucor 
Corporation), and we received a rebuttal brief with respect to the 
preliminary results from Ege Celik.

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 POR is April 1, 2006, through September 30, 2006.

Bona Fide Sale Analysis

    In the preliminary results, we found that Ege Celik's reported U.S. 
sale during the POR was a bona fide sale, as required by 19 CFR 
351.214(b)(2)(iv)(c), based on the totality of the facts on the record. 
See the Memorandum to James Maeder from Irina Itkin entitled, 
``Analysis of Ege Celik Endustrisi Sanayi ve Ticaret A.S./Ege Dis 
Ticaret A.S.'s Bona Fides As A New Shipper in the New Shipper Review of 
Certain Steel Concrete Reinforcing Bars from Turkey,'' dated September 
4, 2007, for further discussion of our price and quantity analysis.
    For the final results, the Department continues to find that Ege 
Celik's sole U.S. sale during the POR was a bona fide commercial 
transaction.

Turkish Government Competition Board's Report

    In this review, the domestic interested parties submitted a report 
by the Turkish Government Competition Board (the Competition Board) 
regarding the Turkish steel industry. The domestic interested parties 
argued that this report demonstrates that Ege Celik, as well as the 
vast majority of the Turkish rebar industry, engaged in anti-
competitive behavior prior to and during the POR by colluding with 
other producers to manipulate home market and export prices and to 
suppress costs. As noted in our preliminary findings with respect to 
the Competition Board's report, we did not rely on the evidence or 
conclusions in the Competition Board's report as the basis for any 
findings in this review. Rather, we investigated whether the facts 
during the POR would cause us to dismiss reported home market prices or 
costs within the confines of U.S. antidumping duty law and regulations. 
See the August 31, 2007, Memorandum from Shawn Thompson, Irina Itkin, 
and Brianne Riker to David M. Spooner, entitled ``Preliminary Finding 
on Issues Related to the Turkish Government Competition Board's Reports 
in Certain Steel Concrete Reinforcing Bars from Turkey.'' For purposes 
of the final results, the domestic industry neither provided any new 
arguments with respect to the information on the record pertaining to 
the Competition Board's report or the respondents' reported costs, 
prices, and affiliations that were not already addressed in our 
preliminary findings, nor commented on specific sections of our 
preliminary findings with which it disagreed. Rather, the domestic 
industry merely stated its opposition to our preliminary findings and 
reiterated its previous arguments. Therefore, we continue to find that: 
1) there is no basis to find that Ege Celik is affiliated with any 
other Turkish rebar producers; 2) there is no basis to conclude that 
the sales and cost data in this review are distorted by non-market 
considerations and, thus, it is appropriate to rely on this data for 
purposes of the final results; and 3) Ege Celik is entitled to a new 
shipper review because it has met the requirements set forth under 19 
CFR 351.214(b). For further discussion, see the Issues and Decision 
Memorandum (Decision Memo) at Comment 1.

Cost of Production

    As discussed in the Preliminary Results, we conducted an 
investigation to determine whether Ege Celik made home market sales of 
the foreign like product during the POR at prices below its cost of 
production (COP) within the meaning of section 773(b)(1) of the Tariff 
Act of 1930, as amended (the Act). We performed the cost test for these 
final results following the same methodology as in the Preliminary 
Results.
    We found 20 percent or more of Ege Celik'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) - (D) of the Act.
    Therefore, for purposes of these final results, we found that Ege 
Celik made below-cost sales not in the ordinary course of trade. 
Consequently, we disregarded these sales 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 briefs by parties to these reviews, 
and to which we have responded, are listed in the Appendix to this 
notice and addressed in the Decision Memo, which is adopted by this 
notice. Parties can find a complete discussion of all issues raised in 
these reviews 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/frn/ frn/. 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 no changes 
to the margin calculations. Because the margin calculations for Ege 
Celik have not changed from the preliminary results, the preliminary 
calculations placed on the record of this review are adopted as the 
final margin calculations.

[[Page 62630]]

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period April 1, 2006, through September 30, 2006:

------------------------------------------------------------------------
                                                                Margin
               Manufacturer/Producer/Exporter                 Percentage
------------------------------------------------------------------------
Ege Celik Endustrisi ve Ticaret A.S./Ege Dis Ticaret A.S....        0.00
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212. Pursuant to 19 CFR 
351.212(b)(1), because we have the reported entered value of Ege 
Celik's U.S. sale, we have calculated an importer-specific assessment 
rate based on the ratio of the total amount of antidumping duties 
calculated for the examined sale to the total entered value of that 
sale. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is de 
minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Ege Celik for which it did not know its merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the All-Others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    Further, the following deposit requirements will be effective for 
all shipments of rebar from Turkey entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: 1) the cash deposit rate for merchandise 
produced by Ege Celik Endustrisi ve Ticaret A.S. and exported by Ege 
Dis Ticaret A.S. will be the rate shown above, except if the rate is 
less than 0.50 percent, de minimis within the meaning of 19 CFR 
351.106(c)(1), the cash deposit will be zero; 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 
further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), 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 double antidumping duties.
    This new shipper review is issued and published in accordance with 
sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act, as well as 19 CFR 
351.214(i).

    Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

General Issues

Issues Related to the Turkish Government Competition Board's Report
[FR Doc. E7-21805 Filed 11-5-07; 8:45 am]
BILLING CODE 3510-DS-S