[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23188-23190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10505]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-830]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to exporters and producers 
of steel concrete reinforcing bar (rebar) from the Republic of Turkey 
(Turkey). The period of investigation (POI) is January 1, 2015, through 
December 31, 2015. For information on the estimated subsidy rates, see 
the ``Final Determination'' section of this notice.

DATES: Effective May 22, 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

    On March 1, 2017, the Department published its affirmative 
Preliminary Determination of this countervailing duty (CVD) 
investigation.\1\ The petitioner in this investigation is the Rebar 
Trade Action Coalition and its individual members.\2\ The mandatory 
respondent in this investigation is Haba[scedil] Sinai ve Tibbi Gazlar 
Istihsal End[uuml]strisi A.[Scedil]. (Habas),\3\ including certain 
cross-owned companies and subcontractors.\4\ Both Habas and the 
Government of Turkey (the GOT) 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 
Issues and Decision Memorandum, which is dated concurrently with and 
hereby adopted by this notice.\5\ 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 Countervailing Duty Determination 
and Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 82 FR 12195 (March 1, 2017) 
(Preliminary Determination).
    \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\ Habas is the sole Turkish rebar producer/exporter excluded 
from the existing CVD order on rebar from Turkey. See Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Countervailing Duty 
Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order).
    \4\ The Habas companies include Habas, Haba[scedil] Elektrik 
[Uuml]retim A.[Scedil]., Haba[scedil] End[uuml]stri Tesisleri 
A.[Scedil]., Haba[scedil] Petrol A.[Scedil]., Merta[scedil] Turizm 
Nakliyat ve Ticaret A.[Scedil]., Cebita[scedil] Demir [Ccedil]elik 
End[uuml]strisi A.[Scedil]., Ege [Ccedil]elik End[uuml]strisi Sanayi 
ve Ticaret A.[Scedil]., and Osman S[ouml]nmez (In[scedil]aat 
Taahh[uuml]t Ticaret).
    \5\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Affirmative Determination in the Countervailing Duty 
Investigation of Steel Concrete Reinforcing Bar from the Republic of 
Turkey,'' May 15, 2017 (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 Subsidy Programs and Comments Received

    The subsidy programs under investigation, as well as 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 February and March 2017, the Department verified the 
subsidy information reported by the GOT and Habas. We used standard 
verification procedures, including an examination of relevant 
accounting 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,\6\ we determine that Habas withheld necessary information 
with respect to certain import duty rebates/drawbacks received 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.\7\ For further information, see the 
``Use of Facts Otherwise Available and Adverse Inferences'' in the 
accompanying Issues and Decision Memorandum.
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    \6\ See Issues and Decision Memorandum at 5-8.
    \7\ 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 subsidy rate calculations 
since the Preliminary Determination. These changes are discussed in the 
``Analysis of Programs'' section of the Issues and Decision 
Memorandum.\8\
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    \8\ See Issues and Decision Memorandum at 8; see also Department 
Memorandum, ``Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Calculations for the Final Countervailing Duty 
Determination,'' May 15, 2017.

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[[Page 23189]]

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, the 
Department calculated a countervailable subsidy rate for the 
individually investigated exporter/producer of the subject merchandise. 
Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the 
Act, the Department also calculated an estimated ``all-others'' rate 
for exporters and producers not individually investigated.\9\ Section 
705(c)(5)(A)(i) of the Act provides that the ``all-others'' rate shall 
be an amount equal to the weighted-average of the countervailable 
subsidy rates established for individually investigated exporters and 
producers, excluding any rates that are zero or de minimis or any rates 
determined entirely under section 776 of the Act. Because the weighted-
average countervailable subsidy rate calculated for Habas is not zero 
or de minimis or based entirely on facts available under section 776 of 
the Act, the 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.
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    \9\ The scope of this countervailing duty investigation only 
covers rebar produced and/or exported by companies excluded from the 
existing 2014 Turkey CVD Order. Currently, only merchandise produced 
and exported by Habas is excluded from the existing order. 
Therefore, at this time, no companies will be subject to the all-
others rate indicated above, and cash deposits discussed below will 
apply solely to rebar produced and/or exported by Habas.
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Final Determination

    The Department determines the total estimated countervailable 
subsidy rates to be:
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    \10\ This rate applies only to merchandise both produced and 
exported by Haba[scedil] Sinai ve Tibbi Gazlar Istihsal 
End[uuml]strisi A.[Scedil]. Merchandise produced by Habas, but 
exported by another company, or produced by another company and 
exported by Habas continues to be covered by the 2014 Turkey CVD 
Order.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
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Haba[scedil] Sinai ve Tibbi Gazlar Istihsal                        16.21
 End[uuml]strisi A.[Scedil].\10\........................
All-Others..............................................           16.21
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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 703(d) 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 1, 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.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of countervailable subsidies. Because the final 
determination in this proceeding is affirmative, in accordance with 
section 705(b) 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 a CVD order directing CBP to assess, upon 
further instruction by the Department, countervailing 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 
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 written 
notification of 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 705(d) and 777(i) 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.
    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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences

[[Page 23190]]

VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Financial Contribution in AD/CVD Investigation 
Assistance Program
    Comment 2: Sales Denominator for Habas
    Comment 3: Rejection of Habas's February 2, 2017 Rebuttal 
Benchmark Submission
    Comment 4: Natural Gas Benchmark
    Comment 5: Application of Adverse Facts Available for Discovered 
Program
    Comment 6: Countervailability of Electricity for More Than 
Adequate Remuneration
IX. Conclusion

[FR Doc. 2017-10505 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P