[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89057-89059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind the Review in Part; 2014

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). 
The period of review (POR) is September 15, 2014, through December 31, 
2014. This review covers two producers/exporters of subject merchandise 
that the Department selected for individual examination: 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. (Kaptan Demir Companies) (collectively, the mandatory 
respondents). This review also covers the following firms that were not 
individually examined: 3212041 Canada Inc.; Acemar International 
Limited; As Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu Dis Ticaret A.S. 
(also known as Colakoglu Disticaret AS); Colakoglu Metalurji A.S.; Del 
Industrial Metals; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 
(also known as Habas Sinai 199, Habas Sinai ve Tibbi Gazlar, and/or 
Habas Sinai ve Tibbi Gazlar Istihsal); Izmir Demir Celik Sanayi A.S.; 
Ozkan Demir Celik Sanayi A.S.; Tata Steel International (Hong Kong) 
Limited (also known as Tata Steel International (Hong Kong)); and Tata 
Steel UK.
    We preliminarily find that the mandatory respondents each received 
a de minimis net subsidy rate during the POR. See ``Preliminary Results 
of Review'' section of this notice below for the preliminary rates 
calculated for the companies covered in this review.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel 
Brummitt (Kaptan Demir), AD/CVD Operations, Office III, 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) 482-7851, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The scope of the order consists of 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. While HTSUS subheadings are provided for convenience and 
customs purposes, the

[[Page 89058]]

written description of the scope of this Order is dispositive.\1\
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    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order). For a full description of the scope of this order see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of Countervailing Duty 
Administrative Review: Steel Concrete Reinforcing Bar from the 
Republic of Turkey,'' dated concurrently with, and hereby adopted by 
this notice. (Preliminary Decision Memorandum).
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Methodology

    We are conducting 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 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\2\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \2\ 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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    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 (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
    A list of topics discussed in the Preliminary Decision Memorandum 
is provided in the Appendix to this notice.

Intent To Rescind Administrative Review, in Part

    Entries of merchandise produced and exported by Habas Sinai ve 
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to 
countervailing duties because the Department's final determination with 
respect to this producer/exporter combination was negative.\3\ However, 
as stated in the Initiation Notice, 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 the Order.\4\
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    \3\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination Final 
Affirmative Critical Circumstances Determination, 79 FR 54963, 54964 
(September 15, 2014).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736, 740 (at footnote 4) (January 7, 
2016) (Initiation Notice).
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    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 preliminarily determine that Habas is not subject to this 
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we 
intend to rescind the review with respect to Habas. A final decision 
regarding whether to rescind the review of Habas will be made in the 
final results of this review.

Preliminary Results of the Review

    We preliminarily find that the following net subsidy rates exist 
for the period September 15, 2014, through December 31, 2014:
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    \5\ For Icdas, we preliminarily calculate a de minimis rate, 
which, when rounded to the hundredth place, is zero.
    \6\ The name of Tata Steel UK was incorrectly spelled in the 
Initiation Notice. The company's name was inadvertently listed as 
``Tata Steel U.'' See Initiation Notice, 81 FR at 740.

------------------------------------------------------------------------
                                                        Subsidy rate Ad
                       Company                         Valorem (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......           \5\ 0.00
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and                 * 0.02
 Kaptan Metal D[inodot][scedil] Ticaret ve Nakliyat
 A.S.................................................
3212041 Canada Inc...................................               0.00
Acemar International Limited.........................               0.00
As Gaz Sinai ve Tibbi Azlar A.S......................               0.00
Colakoglu Dis Ticaret A.S. (also known as Colakoglu                 0.00
 Disticaret AS)......................................
Colakoglu Metalurji A.S..............................               0.00
Del Industrial Metals................................               0.00
Izmir Demir Celik Sanayi A.S.........................               0.00
Ozkan Demir Celik Sanayi A.S.........................               0.00
Tata Steel International (Hong Kong) Limited (also                  0.00
 known as Tata Steel International (Hong Kong))......
Tata Steel UK \6\....................................              0.00
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* De minimis.

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\7\ we are 
applying to the non-selected companies the rates preliminarily 
calculated for the mandatory respondents, which are de minimis.
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    \7\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, the Department intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown above for the reviewed companies should the 
final results remain the same as these preliminary results. For all 
non-reviewed firms, we will instruct CBP to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

[[Page 89059]]

Disclosure and Public Comment

    We will disclose to the parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of this notice.\8\ Interested parties may submit 
written arguments (case briefs) on the preliminary results no later 
than 30 days from the date of publication of this Federal Register 
notice, and rebuttal comments (rebuttal briefs) within five days after 
the time limit for filing the case briefs.\9\ Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs. Parties who submit arguments are requested to submit with 
the argument: (1) Statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\10\ Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If the 
Department receives a request for a hearing, we will inform parties of 
the scheduled date for the hearing, which will be held at the main 
Department of Commerce building at a time and location to be 
determined.\11\ Parties should confirm by telephone the date, time, and 
location of the hearing.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
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    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
parties in their comments, within 120 days after publication of these 
preliminary results.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
    A. Program Preliminarily Determined To Be Countervailable
    1. Rediscount Program
    B. Programs Preliminarily Determined To Not Be Countervailable
    1. Assistance to Offset Costs Related to AD/CVD Investigations
    2. Purchase of Electricity for More Than Adequate Remuneration 
(MTAR)--Sales on the Grid
    C. Program Preliminarily Determined To Not Be Countervailable 
for a Respondent
    1. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    D. Program for Which Additional Information Is Required
    1. Purchase of Electricity for MTAR--Sales to Public Buyers
    E. Programs Preliminarily Determined To Not Confer 
Countervailable Benefits
    1. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    2. Investment Incentive Certificates
    F. Programs Preliminarily Determined To Not Be Used
    1. Purchase of Electricity for MTAR--Sales via Build-Operate-
Own, Build-Operate-Transfer, and Transfer of Operating Rights 
Contracts
    2. Provision of Lignite for LTAR
    3. Purchase of Electricity Generated from Renewable Resources 
for MTAR
    4. Deductions from Taxable Income for Export Revenue
    5. Research and Development Grant Program
    6. Export Credits, Loans, and Insurance from Turk Eximbank
    a. Pre-Shipment Export Credits
    b. Foreign Trade Company Export Loans
    c. Pre-Export Credits
    d. Short-Term Export Credit Discount Program
    e. Export Insurance
    7. Regional Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Income Tax Reductions
    c. Social Security Support
    d. Land Allocation
    8. Large-Scale Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Tax Reduction
    c. Income Tax Withholding Allowance
    d. Social Security and Interest Support
    e. Land Allocation
    9. Strategic Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Tax Reduction
    c. Income Tax Withholding Allowance
    d. Social Security and Interest Support
    e. Land Allocation
    f. VAT Refunds
    10. Incentives for Research & Development (R&D) Activities
    a. Tax Breaks and Other Assistance
    b. Product Development R&D Support--UFT
    11. Regional Development Subsidies
    a. Provision of Land for LTAR
    b. Provision of Electricity for LTAR
    c. Withholding of Income Tax on Wages and Salaries
    d. Exemption From Property Tax
    e. Employers' Share in Insurance Premiums
    f. Preferential Tax Benefits for Turkish Rebar Producers Located 
in Free Zones
    g. Preferential Lending to Turkish Rebar Producers Located in 
Free Zones
    h. Exemptions From Foreign Exchange Restrictions to Turkish 
Rebar Producers Located in Free Zones
    i. Preferential Rates for Land Rent and Purchase to Turkish 
Rebar Producers Located in Free Zones
VI. Conclusion

[FR Doc. 2016-29572 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P