[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32532-32534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14802]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829, A-588-876]


Steel Concrete Reinforcing Bar From the Republic of Turkey and 
Japan: Amended Final Affirmative Antidumping Duty Determination for the 
Republic of Turkey and Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Administration 
(ITC), the Department is issuing antidumping duty (AD) orders on steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) 
and Japan. In addition, the Department is amending its affirmative 
final determination for Turkey to correct ministerial errors.

DATES: July 14, 2017.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alex Cipolla at (202) 
482-2371 and (202) 482-4956, respectively (Turkey), or David Lindgren 
at (202) 482-3870 (Japan), AD/CVD Operations, Office VII, Enforcement 
and Compliance, International Trade Administration, Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.210(c), the Department 
published its affirmative final determinations in the less-than-fair-
value (LTFV) investigations of rebar from Turkey and Japan.\1\ On June 
30, 2017, the ITC notified the Department of its final determination 
that an industry in the United States is materially injured by reason 
of LTFV imports of subject merchandise from Turkey and Japan within the 
meaning of 705(b)(1)(A)(i) of the Act.\2\
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    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Final Determination of Sales at Less Than Fair Value, 82 FR 
23192 (May 22, 2017) (Turkey Final Determination); see also Steel 
Concrete Reinforcing Bar From Japan: Final Affirmative Determination 
of Sales at Less Than Fair Value, 82 FR 23195 (May 22, 2017) (Japan 
Final Determination).
    \2\ See Letter from the ITC to the Honorable Ronald Lorentzen, 
June 30, 2017 (Notification of ITC Final Determination); see also 
Steel Concrete Reinforcing Bar from Japan and Turkey, Investigation 
Nos. 701-TA-564 and 731-TA-1388 and 1340 (Final) (June 2017).
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Scope of the Orders

    The product covered by these orders is rebar from Turkey and Japan. 
For a complete description of the scope of the orders, see the Appendix 
to this notice.

Amendment to Turkey Final Determination

    On May 22, 2017, the Rebar Trade Action Coalition and its 
individual members,\3\ (collectively, the petitioners) alleged that the 
Department made various ministerial errors in the Turkey Final 
Determination with regard to the gross unit price and downstream sales 
used in the margin calculation for respondent Icdas Celik Enerji 
Tersane ve Ulasim Sanayi A.S. (Icdas).\4\ On the same day, respondent 
Haba[scedil] Sinai ve Tibbi Gazlar Istihsal End[uuml]strisi A.[Scedil]. 
(Habas) timely alleged that the Department made a ministerial error in 
the AD cash deposit rate assigned to Habas by not offsetting for export 
subsidies from the concurrent countervailing duty (CVD)

[[Page 32533]]

investigation.\5\ Icdas also made an untimely filing.\6\ In addition, 
the Government of the Republic of Turkey (GOT) submitted a letter 
requesting the Department to take into consideration respondent 
companies concerns.\7\ On June 13, 2017, the Department rejected Icdas' 
untimely filed ministerial error allegation, along with all submissions 
that commented on, or rebutted it.\8\ At the request of the Department, 
the petitioners refiled theirits rebuttal comments to exclude comments 
on Icdas since that filing was removed from the record.\9\
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    \3\ 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.
    \4\ See Petitioner's 5/22/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey; Clerical Error 
Submission for the Final Determination,'' (May 22, 2017).
    \5\ See Habas' 5/22/2017 Letter, ``Steel Concrete Reinforcing 
Bar from Turkey; Habas: Request for correction of ministerial 
error,'' (May 22, 2017).
    \6\ See Department's 6/12/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Icdas' Ministerial 
Errors & Request to File out of Time,'' (June 12, 2017).
    \7\ See GOT's 5/22/2017 Letter, ``Final Determination in the 
Antidumping Duty Investigation of Steel Concrete Reinforcing Bar 
from the Republic of Turkey,'' (May 22, 2017).
    \8\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Reject and Delete Untimely Submissions from 
Interested Parties,'' (June 13, 2017).
    \9\ See Petitioner's 6/14/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Reply to Ministerial 
Error Submission,'' (June 14, 2017).
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    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Department considers 
ministerial.\10\
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    \10\ See section 705(e) of the Act.
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    The Department reviewed the record and agrees that certain errors 
identified by the petitioner with respect to Icdas constitute 
ministerial errors within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f).\11\ Therefore, pursuant to 19 CFR 351.224(e), the 
Department is amending the Turkey Final Determination to reflect the 
correction of these ministerial errors in the calculation of the final 
margin assigned to Icdas.\12\ In addition, because the ``all-others'' 
rate is based on the margins for Habas and Icdas,\13\ we are revising 
the ``all-others'' rate.\14\
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    \11\ See Memorandum, ``Amended Final Determination of the 
Antidumping Duty Investigation: Allegations of Ministerial Errors,'' 
July 7, 2017 (Ministerial Error Memorandum) (providing a detailed 
discussion of the alleged ministerial errors).
    \12\ See Ministerial Error Memorandum at 3.
    \13\ See Turkey Final Determination, 82 FR at 23193 (explaining 
the Department's methodology for calculating the ``all-others'' rate 
in this investigation).
    \14\ See Memorandum ``Amended Final Determination Calculation 
for the ``All-Others'' Rate,'' dated July 7, 2017 (Amended All-
Others Rate Memorandum).
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Antidumping Duty Orders

    In accordance with section 735(d) of the Act, the ITC notified the 
Department of its final determinations in these investigation, in which 
it found that an industry in the United States is materially injured by 
reason of imports of rebar from Turkey and Japan. Therefore, in 
accordance with section 735(c)(2) of the Act, we are issuing these 
antidumping duty orders. Because the ITC determined that imports of 
rebar from Turkey and Japan are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Turkey and Japan, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of rebar from Turkey and Japan. 
Antidumping duties will be assessed on unliquidated entries of rebar 
from Turkey and Japan entered, or withdrawn from warehouse, for 
consumption on or after March 7, 2017, the date of publication of the 
Preliminary Determinations.\15\
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    \15\ 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); see also Steel Concrete 
Reinforcing Bar From Japan: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, 82 FR 12796 (March 7, 2017).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation of all relevant 
entries of rebar from Turkey and Japan, effective the date of 
publication of the ITC's notice of final determination in the Federal 
Register. These instructions suspending liquidation will remain in 
effect until further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below, which are adjusted for certain 
countervailable export subsidies, where appropriate, effective the date 
of publication of the ITC's final determination in the Federal 
Register. The relevant all-others rates apply to all producers or 
exporters not specifically listed below.

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages are as 
follows:
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    \16\ See Ministerial Error Memorandum; see also Memorandum 
``Amended Final Determination Margin Calculation for Icdas Celik 
Enerji Tersane ve Ulasim Sanayi A.S.'' dated July 7, 2017; see also 
Amended All-Others Rate Memorandum.

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                                                                                                   Cash-deposit
                                                                                     Weighted-         rate
                                                                                      average      (adjusted for
                                                      Exporter/producer               dumping         export
                                                                                   margins  (%)     subsidies)
                                                                                                     \16\  (%)
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Turkey.....................................  Habas Sinai ve Tibbi Gazlar                    5.39            5.25
                                              Istihsal Endustrisi A.S.                      9.06            8.89
                                             Icdas Celik Enerji Tersane ve                  7.43            7.26
                                              Ulasim Sanayi A.S.
                                             All-Others.........................
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------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                    Exporter/producer         dumping
                                                           margins  (%)
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Japan..........................  Jonan Steel Corporation          209.46
                                 Kyoei Steel Ltd........          209.46
                                 All-Others.............          206.43
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[[Page 32534]]

Notification to Interested Parties

    This notice constitutes the antidumping orders with respect to 
rebar from Turkey and Japan, pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: July 10, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise subject to these orders 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 countries 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 these orders 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.

[FR Doc. 2017-14802 Filed 7-13-17; 8:45 am]
BILLING CODE 3510-DS-P