[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10771-10772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04221]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Negative Countervailing Duty Determination, Preliminary 
Negative Critical Circumstances Determination, and Alignment of Final 
Determination With Final Antidumping Determination

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey). The period of investigation is January 
1, 2012, through December 31, 2012. Interested parties are invited to 
comment on this preliminary determination.

DATES: Effective Date: February 26, 2014.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Robert Copyak, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4793 and (202) 482-2209, respectively.

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day that the Department initiated this countervailing 
duty (CVD) investigation, the Department also initiated antidumping 
duty (AD) investigations of rebar from Mexico and Turkey.\1\ The CVD 
investigation and the AD investigations cover the same merchandise. On 
February 14, 2014, in accordance with section 705(a)(1) of the Tariff 
Act of 1930, as amended (Act), alignment of the final CVD determination 
with the final AD determination of rebar from Turkey was requested by 
the petitioner.\2\ Therefore, in accordance with section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD 
determination with the final AD determination. Consequently, the final 
CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
July 2, 2014, unless postponed.
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    \1\ See Steel Concrete Reinforcing Bar From Turkey: Initiation 
of Countervailing Duty Investigations, 78 FR 60831 (October 2, 2013) 
and Steel Concrete Reinforcing Bar From Mexico and Turkey: 
Initiation of Antidumping Duty Investigations, 78 FR 60827 (October 
2, 2013).
    \2\ See Letter from Petitioner regarding ``Request to Align the 
Countervailing Duty Final Determination With the Antidumping Duty 
Final Determination'' (February 14, 2014).
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Scope of the Investigation

    The merchandise subject to this investigation is steel concrete 
reinforcing bar imported in either straight length or coil form (rebar) 
regardless of metallurgy, length, diameter, or grade. The subject 
merchandise is classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) primarily under item numbers 7213.10.0000, 
7214.20.0000, and 7228.30.8010. The subject merchandise may also enter 
under other HTSUS numbers including 7215.90.1000, 7215.90.5000, 
7221.00.0015, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, 
and 7228.60.6000. Specifically excluded are plain rounds (i.e., non-
deformed or smooth rebar). HTSUS numbers are provided for convenience 
and customs purposes; however, the written description of the scope 
remains dispositive.

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.\3\ The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/

[[Page 10772]]

frn/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Steel Concrete Reinforcing 
Bar From the Republic of Turkey,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
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Critical Circumstances

    The Department preliminarily determines that critical circumstances 
do not exist for imports of rebar from Turkey. Although the Department 
preliminarily determines that Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. 
benefited from programs that are inconsistent with the Subsidies 
Agreement, the companies' shipment data do not indicate a massive 
increase in shipments of subject merchandise to the United States. 
Additionally, the shipment data from the U.S. International Trade 
Commission's dataweb do not indicate a massive increase in shipments of 
subject merchandise by the ``all other'' companies. Therefore, we 
preliminarily determine that critical circumstances do not exist with 
regard to imports of rebar from Turkey. For further information on the 
Department's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

Negative Preliminary Determination and Suspension of Liquidation

    For this preliminary determination, we have calculated a de minimis 
countervailable subsidy rate for each individually investigated 
producer/exporter of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, we are disregarding these rates and 
preliminarily determine that no countervailable subsides are being 
provided to producers/exporters of the subject merchandise in Turkey. 
Because the rates calculated for the individually investigated 
companies are de minimis, the all others rate is also de minimis.
    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent (de
                                                             minimis))
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Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.....            0.78
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.........            0.10
------------------------------------------------------------------------

    Because we preliminarily determine that the CVD rates in this 
investigation are de minimis, we will not direct U.S. Customs and 
Border Protection to suspend liquidation of entries of the subject 
merchandise from Turkey.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\4\ 
Interested parties may submit case and rebuttal briefs. For a schedule 
of the deadlines for filing case briefs, rebuttal briefs, and hearing 
requests, see the Preliminary Decision Memorandum.
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    \4\ See 19 CFR 351.224(b).
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: February 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Critical Circumstances
5. Subsidies Valuation
6. Analysis of Programs
7. ITC Notification
8. Disclosure and Public Comment
9. Verification

[FR Doc. 2014-04221 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P