[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12195-12197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03958]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-830]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Countervailing Duty Determination With Final Antidumping Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are 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, 2015, through December 31, 2015.

DATES: Effective March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3857.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is issued in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on October 18, 
2016.\1\ On December 1, 2016, the Department postponed the preliminary 
determination of this investigation until February 21, 2017.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. 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 is available to all parties 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 at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Initiation of Countervailing Duty Investigation, 81 FR 71705 
(October 18, 2016) (Initiation Notice).
    \2\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Postponement of Preliminary Determination in Countervailing 
Duty Investigation, 81 FR 86701 (December 1, 2016).
    \3\ See Department Memorandum, ``Decision Memorandum for the 
Preliminary Determination in the Countervailing Duty Investigation 
of 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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Scope of the Investigation

    The product covered by this investigation is rebar from Turkey. For 
a complete description of the scope of the investigation, see Appendix 
I to this notice.

Scope Comments

    In accordance with the Preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties: Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 81 FR at 71706.
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Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines 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.\6\
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    \6\ See sections 771(5)(B) and (D) of the Act (regarding 
financial contribution); see also section 771(5)(E) of the Act 
(regarding benefit); section 771(5A) of the Act (regarding 
specificity).
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department 
is aligning the final determination in this countervailing duty (CVD) 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of rebar from Turkey based on a request made by 
the petitioner.\7\ 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 May 15, 2017, unless 
postponed.
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    \7\ See Letter from the Rebar Trade Action Coalition and its 
individual members, ``Steel Concrete Reinforcing Bar from Turkey: 
Request to Align Countervailing Duty Final Determination with 
Antidumping Duty Final Determination,'' February 1, 2017.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely on 
facts otherwise available under section 776 of the Act.
    The Department calculated an individual estimated countervailable 
subsidy rate for Haba[scedil] Sinai ve Tibbi Gazlar Istihsal 
End[uuml]strisi A.[Scedil]. (Habas), the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated rate is not zero, de minimis, or based entirely on facts 
otherwise available, the individual estimated rate calculated for Habas 
is the rate assigned to all other producers and exporters, pursuant to 
section 705(c)(5)(A)(i) of the Act.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                         Company                           Subsidy rate
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Haba[scedil] Sinai ve Tibbi Gazlar Istihsal                 3.47 percent
 End[uuml]strisi A.[Scedil]. \8\........................
All-Others..............................................    3.47 percent
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The scope of this countervailing duty investigation covers only rebar
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    \8\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Habas: Haba[scedil] Elektrik [Uuml]retim A.[Scedil]., Haba[scedil] 
End[uuml]stri Tesisleri A.[Scedil]., Haba[scedil] Petrol 
A.[Scedil]., and Merta[scedil] Turizm Nakliyat ve Ticaret 
A.[Scedil].

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[[Page 12196]]

produced and/or exported by companies excluded from the existing 2014 
Turkey CVD Order. Currently, only Habas is excluded from the existing 
order and, therefore, no companies will be subject to the all-others 
rate indicated above at this time, and cash deposits discussed below 
will apply solely to rebar produced and/or exported by Habas.

Suspension of Liquidation

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise, as described in 
the ``Scope of the Investigation'' section, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Furthermore, pursuant to 19 CFR 
351.205(d), the Department will instruct CBP to require a cash deposit 
equal to the rate indicated above for Haba[scedil].

Disclosure

    The Department intends to disclose the calculations and analysis 
performed in this preliminary determination to interested parties 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    For reasons discussed in the Preliminary Determination Memorandum, 
the Department invites interested parties to submit monthly natural gas 
price data to the Assistant Secretary for Enforcement and Compliance 
via ACCESS for purposes of valuing the provision of natural gas for 
less than adequate remuneration and/or comment on the natural gas price 
data that is currently on the record within 10 days of the publication 
of this notice.\9\ Rebuttal comments may be submitted within five days 
after the deadline for new monthly price data and initial comments.
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    \9\ See Preliminary Determination Memorandum at 11-12.
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    Case briefs or other written comments may also be submitted to the 
Assistant Secretary for Enforcement and Compliance via ACCESS no later 
than seven days after the date on which the last verification report is 
issued in this investigation. Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than five days after the 
deadline for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit the following with each 
argument: (1) A statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 for general 
filing requirements.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the publication of this notice. Requests should contain the 
party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a date 
and time to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the determination is affirmative, the ITC will make its final 
determination before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).


    Dated: February 21, 2017.
Carole Showers,
Executive Director, Office of Policy, Policy & Negotiations.

Appendix I

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 or lack 
thereof. Subject merchandise includes deformed steel wire with bar 
markings (e.g., mill mark, size, or grade) and which has been 
subjected to an elongation test.
    The subject merchandise includes rebar that has been further 
processed in the subject country or a third country, including but 
not limited to cutting, grinding, galvanizing, painting, coating, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigation if performed in the country of 
manufacture of the rebar.
    Specifically excluded are plain rounds (i.e., nondeformed or 
smooth rebar). Also excluded from the scope is deformed steel wire 
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, 
size, or grade) and without being subject to an elongation test.
    At the time of the filing of the petition, there was an existing 
countervailing duty order on steel reinforcing bar from the Republic 
of Turkey. Steel Concrete Reinforcing Bar From the Republic of 
Turkey, 79 FR 65,926 (Dep't Commerce Nov. 6, 2014) (2014 Turkey CVD 
Order). The scope of this countervailing duty investigation with 
regard to rebar from Turkey covers only rebar produced and/or 
exported by those companies that are excluded from the 2014 Turkey 
CVD Order. At the time of the issuance of the 2014 Turkey CVD Order, 
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only 
excluded Turkish rebar producer or exporter.
    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, 7221.00.0017, 7221.00.0018, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
    HTSUS numbers are provided for convenience and customs purposes; 
however, the written description of the scope remains dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test

[[Page 12197]]

VIII. Subsidies Valuation
IX. Analysis of Programs
X. Conclusion

[FR Doc. 2017-03958 Filed 2-28-17; 8:45 am]
BILLING CODE 3510-DS-P