[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26907-26909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12108]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Results and Partial Rescission of Countervailing Duty Administrative 
Review; 2014

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

SUMMARY: The Department of Commerce (the Department) has completed its 
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,

[[Page 26908]]

through December 31, 2014. This review covers 12 producers/exporters of 
subject merchandise, two of which 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). The ten firms that were not 
individually examined are included in the chart under the Final Results 
of Review section, below.
    We find that the mandatory respondents each received a de minimis 
net subsidy rate during the POR. See ``Final Results of Review'' 
section of this notice below for the rates calculated for the companies 
covered in this review.

DATES: Effective June 12, 2017.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel 
Brummitt (Kaptan Demir Companies), AD/CVD Operations, Office III, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone (202) 482-4793, and (202) 482-7851, respectively.

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 written description of the scope of this Order is 
dispositive.\1\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(the Order). For a full description of the scope of this order see 
Memorandum, ``Decision Memorandum for Final Results of 
Countervailing Duty 2014 Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey,'' dated concurrently 
with, and hereby adopted by this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided in the Appendix to this notice. The Issues and 
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 Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.

Methodology

    The Department conducted 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 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\2\ For a full description of the 
methodology underlying all of the Department's conclusions, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Partial Rescission of Review

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 determine that Habas is not subject to this administrative 
review. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding 
the review with respect to Habas.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates for the period September 15, 2014, 
through December 31, 2014:
---------------------------------------------------------------------------

    \5\ 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
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.........          * 0.01
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan          * 0.02
 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 known            0.00
 as Tata Steel International (Hong Kong))...............

[[Page 26909]]

 
Tata Steel UK \5\.......................................           0.00
------------------------------------------------------------------------
* de minimis.

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\6\ we are 
applying to the non-selected companies the rates calculated for the 
mandatory respondents, which are de minimis.
---------------------------------------------------------------------------

    \6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. May 2, 2016).
---------------------------------------------------------------------------

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to U.S. Customs and Border Protection 
(CBP) 15 days after the date of publication of these final results of 
review to liquidate shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after September 15, 
2014, through December 31, 2014, without regard to countervailing 
duties because a de minimis subsidy rate was determined for each of the 
above listed companies.
    The Department also intends to instruct CBP to collect cash 
deposits of zero percent for each company listed on shipments of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. 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, 
as appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Return or Destruction of Proprietary Information

    This notice also serves as a 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 the return or 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 sanctionable 
violation.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(d)(4) and 19 CFR 351.221(b)(5).

    Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

APPENDIX

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Rediscount Program
    2. Assistance To Offset Costs Related To AD/CVD Investigations
    B. Programs Determined To Not Be Countervailable
    1. Purchase of Electricity for More Than Adequate Remuneration 
(MTAR)--Sales on the Grid
    2. Purchase of Electricity for MTAR--Sales to Public Buyers
    C. Program Determined To Not Be Countervailable For a Respondent
    1. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    D. Programs Determined To Not Confer Countervailable Benefits
    1. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    2. Investment Incentive Certificates
    E. Programs 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. Value Added Tax (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
VII. Analysis of Comments
    Comment 1: Whether the Purchase of Electricity for MTAR Is 
Countervailable
    Comment 2: Whether the Department Should Countervail the 
Provision of Lignite for LTAR
    Comment 3: Whether the Department Should Countervail the 
Provision of Natural Gas for LTAR
    Comment 4: Whether the Assistance to Offset Costs Related to AD/
CVD Investigation Is Countervailable
    Comment 5: Whether the Department Should Have Required a 
Response From Kaptan Demir's Cross-Owned Power Producer
VIII. Conclusion

[FR Doc. 2017-12108 Filed 6-9-17; 8:45 am]
BILLING CODE 3510-DS-P