[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32531-32532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-830]


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

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 a countervailing duty (CVD) order on 
steel concrete reinforcing bar (rebar) from the Republic of Turkey 
(Turkey). In addition, the Department is amending its final 
determination to correct ministerial errors.

DATES: July 14, 2017.

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

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.210(c), on May 22, 2017, the 
Department published its affirmative final determination in the CVD 
investigation of rebar from Turkey.\1\ As discussed below, several 
interested parties filed ministerial error comments on the Final 
Determination,\2\ which the Department addressed in a separate 
memorandum.\3\ On June 30, 2017, the ITC notified the Department of its 
final determination pursuant to section 705(b)(1)(A)(i) of the Act that 
an industry in the United States is materially injured by reason of 
subsidized imports of rebar from Turkey.\4\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination, 82 FR 
23188 (May 22, 2017) (Final Determination).
    \2\ See Letter from Habas, ``Steel Concrete Reinforcing Bar from 
Turkey; Habas: request for correction of ministerial errors,'' May 
24, 2017 (Habas Ministerial Error Allegations); see also Letter from 
the GOT, ``Request of Government of Turkey for Correction of 
Ministerial Error on Final Determination in CVD Proceeding on Steel 
Concrete Reinforcing Bar from the Republic of Turkey,'' May 24, 2017 
(GOT Ministerial Error Allegations); Letter from the petitioner, 
``Steel Concrete Reinforcing Bar from the Republic of Turkey: 
Rebuttal to Ministerial Error Submissions,'' May 30, 2017 
(Petitioner Ministerial Error Rebuttal).
    \3\ See Department Memorandum, ``Steel Concrete Reinforcing Bar 
from the Republic of Turkey: Response to Ministerial Error Comments 
on the Final Affirmative Countervailing Duty Determination,'' June 
12, 2017 (Ministerial Error Memorandum) (providing a detailed 
discussion of the alleged ministerial errors).
    \4\ 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-1338-1340 (Final) (June 2017).
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Scope of the Order

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

Amendment to the Final Determination

    On May 24, 2017, Haba[scedil] Sinai ve Tibbi Gazlar Istihsal 
End[uuml]strisi A.[Scedil]. (Habas) and the Government of Turkey (the 
GOT) alleged that the Department made ministerial errors in the Final 
Determination.\5\ The petitioner in this proceeding, the Rebar Trade 
Action Coalition and its individual members,\6\ subsequently filed 
comments on the ministerial error allegations.\7\ 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.\8\
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    \5\ See Habas Ministerial Error Allegations and GOT Ministerial 
Error Allegations.
    \6\ 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.
    \7\ See Petitioner Ministerial Error Rebuttal.
    \8\ See section 705(e) of the Act.
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    The Department reviewed the record and agrees that certain errors 
identified by Habas constitute ministerial errors within the meaning of 
section 705(e) of the Act and 19 CFR 351.224(f).\9\ Therefore, pursuant 
to 19 CFR 351.224(e), the Department is amending the Final 
Determination to reflect the correction of these ministerial errors, 
resulting in a change in the net countervailable subsidy rate from 
16.21 percent to 15.99 percent. In addition, because the ``all-others'' 
rate is based on Habas's subsidy rate, we are revising the subsidy rate 
for companies that were not individually examined in this investigation 
from 16.21 percent to 15.99 percent.\10\
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    \9\ See Ministerial Error Memorandum.
    \10\ See Ministerial Error Memorandum at 8. Currently, only 
Habas is subject to this CVD order. Therefore, at this time, no 
companies will be subject to the all-others rate and the cash 
deposit rates discussed below will apply solely to rebar produced 
and exported by Habas.
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Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determination that an 
industry in the United States is materially injured by reason of 
subsidized imports of rebar from Turkey.\11\ Therefore, in accordance 
with section 705(c)(2) of the Act, we are issuing this CVD order.
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    \11\ Notification of ITC Final Determination.
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    Because the ITC determined that imports of rebar from Turkey are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Turkey, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of countervailing duties. 
Therefore, in accordance with section 706(a) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by the Department, countervailing duties for all 
relevant entries of rebar from Turkey in an amount equal to the net 
countervailable subsidy rates for the subject merchandise. 
Countervailing duties will be assessed on unliquidated entries of rebar 
from Turkey entered, or withdrawn from warehouse for consumption, on or 
after March 1, 2017, the date on which the Department published its 
preliminary determination in the Federal Register.\12\
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    \12\ 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).
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Continuation of Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to continue to suspend liquidation of all relevant entries 
of rebar from Turkey, effective the date of publication of the ITC's 
notice of final determination in

[[Page 32532]]

the Federal Register. These instructions will remain in effect until 
further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts indicated below, effective the date of publication 
of this amended final determination in the Federal Register. At the 
time of publication, only rebar both produced and exported by Habas is 
within the scope of this order. Accordingly, no companies are currently 
subject to the all-others rate listed below.

Subsidy Rates

    The Department has calculated the following countervailable subsidy 
rates:

 
------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
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Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.....           15.99
All Others..............................................           15.99
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Notification to Interested Parties

    This notice constitutes the CVD order with respect to rebar from 
Turkey, pursuant to section 706(a) of the Act. Interested parties can 
find a list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: July 6, 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 Order

    The merchandise subject to this order 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 order 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 order 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.

[FR Doc. 2017-14803 Filed 7-13-17; 8:45 am]
 BILLING CODE 3510-DS-P