[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23192-23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10346]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of steel concrete reinforcing bar (rebar) from the Republic of 
Turkey (Turkey) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is July 1, 2015, through June 30, 2016. For information on the 
estimated weighted-average dumping margins of sales at LTFV, see the 
``Final Determination'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alex Cipolla, 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) 482-2371 or (202) 482-4956, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary 
Determination of this antidumping duty

[[Page 23193]]

(AD) investigation.\1\ The petitioner in this investigation is the 
Rebar Trade Action Coalition and its individual members.\2\ The 
mandatory respondents in this investigation are Haba[scedil] Sinai ve 
Tibbi Gazlar Istihsal End[uuml]strisi A.[Scedil]. (Habas) and Icdas 
Celik Enerji Tersane ve Ulasim Sanayi A.[Scedil]. (Icdas). Both Habas 
and Icdas participated in this investigation. A complete summary of the 
events that occurred since publication of the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the Final Issues 
and Decision Memorandum, which is dated concurrently with and hereby 
adopted by this notice.\3\ The Issues and Decision Memorandum is a 
public document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). Access is available to registered users at 
http://access.trade.gov and to all parties in the Central Records Unit, 
Room B-8024 of the Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, 82 FR 12791 (March 7, 2017) (Preliminary Determination) 
and accompanying Preliminary Decision Memorandum.
    \2\ The Rebar Trade Action Coalition is comprised of Byer Steel 
Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc., 
Nucor Corporation, and Steel Dynamics, Inc.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Antidumping Duty 
Investigation of Steel Concrete Reinforcing Bar from the Republic of 
Turkey,'' (Issues and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers rebar from Turkey. The 
Department did not receive any scope comments and has not updated the 
scope of the investigation since the Preliminary Determination. For a 
complete description of the scope of this investigation, see Appendix I 
to this notice.

Analysis of Comments Received

    The issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by the Department in the Issues and Decision Memorandum is 
attached at Appendix II to this notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), during March 2017, the Department verified the sales and 
cost data reported by Habas and Icdas. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by the 
respondents.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available. As discussed in the Issues and Decision 
Memorandum,\4\ we determine that Icdas withheld necessary information 
with respect to manufacturer of certain home market sales made by 
affiliates during the POI and, accordingly, did not act to the best of 
its ability in responding to the Department's request for information. 
Therefore, we drew an adverse inference, where appropriate, in 
selecting from among the facts otherwise available.\5\ For further 
information, see the ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the accompanying Issues and Decision Memorandum.
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    \4\ See Issues and Decision Memorandum at 4 and Comment 10.
    \5\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations since 
the Preliminary Determination. These changes are discussed in the 
``Analysis of Programs'' section of the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 735(c)(1)(B)(i)(I) of the Act, the 
Department calculated a dumping margin for the individually 
investigated exporters/producers of the subject merchandise. Consistent 
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the 
Department also calculated an estimated ``all-others'' rate for 
exporters and producers not individually investigated. Section 
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be 
an amount equal to the weighted-average of the estimated weighted-
average dumping margins established for individually investigated 
exporters and producers, excluding any margins that are zero or de 
minimis or any margins determined entirely under section 776 of the 
Act. Because the estimated weighted-average dumping margins calculated 
for Habas and Icdas are not zero or de minimis or based entirely on 
facts available under section 776 of the Act, we calculated the all-
others rate using a weighted-average of the dumping margins calculated 
for the mandatory respondents using each company's publicly-ranged 
values for the merchandise under consideration, pursuant to section 
735(c)(5)(A) of the Act.\6\
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    \6\ With two respondents, we would normally calculate (A) a 
weighted-average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We would compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010); see also Memorandum to the File, ``Steel 
Concrete Reinforcing Bar from the Republic of Turkey: Calculation of 
the Margin for All Others Rate for the Final Determination,'' dated 
May 15, 2017.
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Final Determination

    The Department determines the estimated weighted-average dumping 
margins to be:

------------------------------------------------------------------------
                                             Estimated     Cash deposit
                                             weighted-     rate adjusted
                 Company                      average       for subsidy
                                          dumping margin    offset(s))
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal                5.39            5.18
 Endustrisi A.S.........................
Icdas Celik Enerji Tersane ve Ulasim                8.17            8.00
 Sanayi A.S.............................

[[Page 23194]]

 
All-Others..............................            6.94            6.77
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of any public announcement of 
this notice.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of rebar from Turkey, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after March 7, 2017, 
the date of publication of the Preliminary Determination. Furthermore, 
the Department will instruct CBP to require a cash deposit for such 
entries of merchandise. The Department normally adjusts cash deposits 
for estimated antidumping duties by the amount of export subsidies 
countervailed in a companion countervailing duty (CVD) proceeding, when 
CVD provisional measures are in effect. Accordingly, where the 
Department made an affirmative determination for countervailable export 
subsidies, the Department has offset the estimated weighted-average 
dumping margin by the appropriate CVD rate.\7\ Any such adjusted cash 
deposit rate may be found in the ``Final Determination'' section, 
above.
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    \7\ See Memorandum to the File, ``Antidumping Duty Investigation 
of Steel Concrete Reinforcing Bar from the Republic of Turkey: Final 
Calculation Memorandum for Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S.,'' dated concurrently with this Notice; See also 
Memorandum to the File, ``Antidumping Duty Investigation of Steel 
Concrete Reinforcing Bar from the Republic of Turkey: Final Margin 
Calculation for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.,'' 
dated concurrently with this Notice; See also Memorandum to the 
File, ``Antidumping Duty Investigation of Steel Concrete Reinforcing 
Bar from the Republic of Turkey: Final Calculation for the `All 
Others' Rate,'' dated concurrently with this Notice.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of rebar from 
Turkey no later than 45 days after our final determination. If the ITC 
determines that material injury or threat of material injury does not 
exist, the proceeding will be terminated and all cash deposits will be 
refunded. If the ITC determines that such injury does exist, the 
Department will issue an AD order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
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 the 
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 violation subject to sanction.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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.
    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 Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inferences
VII. Discussion of the Issues
    Comment 1: Whether Respondents' Duty Drawback Adjustment Should 
be Granted as Reported and How to Calculate any Adjustment
    Comment 2: Whether Respondents' Margins Should be Calculated 
Using Quarterly Cost

Habas

    Comment 3: Whether the U.S. Date of Sale is the Contract Date
    Comment 4: Whether the Department Should Impute Interest Expense 
on Zero-Interest Financing Provided by Anadolubank
    Comment 5: Whether Zero-Interest Loans Should be Included in the 
Interest Rate for CREDITH

Icdas

    Comment 6: Whether the Department Should Revise Icdas' Costs 
Consistent with Turkish GAAP

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    Comment 7: Whether the Department Should Revise Icdas' Short-
Length Rebar Cost
    Comment 8: Whether the Department Should Disallow Offsets to 
Icdas' G&A Expenses for Reimbursements Related to Port Services 
Provided to Third Parties
    Comment 9: Whether the Department Should Revise the Manufacturer 
Code Assignments in the Home Market Resellers' Sales File in the 
Comparison Market Program
    Comment 10: Whether the Department Should Apply Partial AFA to 
Icdas with Respect to Missing Manufacturer Codes in the Home Market 
Resellers Sales File
    Comment 11: Whether the Department Should Adjust Normal Value 
for Certain Home Market Movement Expenses
    Comment 12: Whether the Department Should Use the Correct Home 
Market Credit Expense Amount CREDIT2H in its Calculation of Normal 
Value
    Comment 13a: Whether the Department Should Adjust Arten's Sales 
to Exclude VAT
    Comment 13b: Whether the Department Should Adjust Home Market 
Freight Expense for Certain Sales in Order to Eliminate 
Understatement of this Expense Due to Double Counting of VAT
    Comment 14: Whether the Department Should Use the Correct Home 
Market Gross Unite Price Data in its Margin Calculation
    Comment 15: Whether the Department Should Continue to 
Differentiate Between Air and Water Cooled Rebar
    Comment 16: Whether the Department Should Reconsider and Reverse 
its Decision to Refuse to Accept Icdas' Timely and Properly 
Submitted Minor Corrections of February 15, 2017
    Comment 17: Whether the Computer Programming Error Regarding 
Icdas' Ending Period Date for U.S. Sales Should be Corrected
VIII. Recommendation

[FR Doc. 2017-10346 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P