[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57574-57577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind the Review in Part; 2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
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 January 1, 2015, through December 31, 
2015. This review covers two producers/exporters of subject merchandise 
that the Department selected for individual examination: Colakoglu Dis 
Ticaret A.S. (COTAS) and Colakoglu Metalurji A.S. (Colakoglu Metalurji) 
(collectively, Colakoglu) and Icdas Celik Enerji Tersane ve Ulasim 
Sanayi A.S. (Icdas) (collectively, the mandatory respondents). This 
review also covers the following firms that were not individually 
examined: Acemar International Limited, As Gaz Sinai ve Tibbi Azlar 
A.S., Asil Celik Sanayi ve Ticaret A.S., Ege Celik Endustrisi Sanayi ve 
Ticaret A.S., Izmir Demir Celik Sanayi A.S., Kaptan Demir Celik 
Endustrisi ve Ticaret A.S., Kaptan Metal Dis Ticaret ve Nakliyat A.S., 
Kocaer

[[Page 57575]]

Haddecilik Sanayi Ve Ticar L, Mettech Metalurji Madencilik Muhendislik 
Uretim Danismanlik ve Ticaret Limited Sirketi, MMZ Onur Boru Profil 
A.S., Ozkan Demir Celik Sanayi A.S., and Wilmar Europe Trading BV. We 
preliminarily find that the mandatory respondents each received a de 
minimis net subsidy rate during the POR. See the ``Preliminary Results 
of the Review'' section of this notice below for the preliminary rates 
calculated for all companies covered in this review.

DATES: Applicable December 6, 2017.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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.

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\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order). For a full description of the scope of this order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of 
Countervailing Duty Administrative Review, and the Preliminary 
Intent to Rescind, in Part: Steel Concrete Reinforcing Bar from the 
Republic of Turkey; 2015,'' dated concurrently with, and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each subsidy program found countervailable, we preliminarily find 
that there is a subsidy, i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\2\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \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.
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    The Preliminary 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 Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
    A list of topics discussed in the Preliminary Decision Memorandum 
is provided in the Appendix to this notice.

Intent To Rescind Administrative Review, in Part

    Agir Haddecilik A.S. (Agir) timely filed a no-shipments 
certification.\3\ U.S. Customs and Border Protection (CBP) did not 
provide to the Department any contradictory information.\4\ Because 
there is no evidence on the record to indicate that Agir had entries, 
exports, or sales of subject merchandise to the United States during 
the POR, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the 
review with respect to Agir.
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    \3\ Agir was previously known as Agir Haddecilik Makina ve 
Sanayi Ticaret Ltd. Sti. Agir's former name was included in the 
Initiation Notice. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 82 FR 4294, 4298 (January 13, 2017) 
(Initiation Notice).
    \4\ See Preliminary Decision Memorandum at Intent to Rescind the 
2015 Administrative Review, in Part.
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    Entries of merchandise produced and exported by Habas Sinai ve 
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to 
countervailing duties under this Order because the Department's final 
determination with respect to this producer/exporter combination was 
negative.\5\ However, 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 this Order.
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    \5\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, 79 FR 54963, 
54964 (September 15, 2014).
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    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 preliminarily determine that Habas is not subject to this 
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we 
intend to rescind the review with respect to Habas. A final decision on 
whether to rescind the review of Agir and Habas will be made in the 
final results of this administrative review.

Preliminary Results of the Review

    We preliminarily calculated individual subsidy rates for the 
mandatory respondents, Colakoglu and Icdas, and find that each company 
each received a de minimis net subsidy rate during the POR.
    In CVD proceedings, where the number of respondents being 
individually examined has been limited, the Department has determined 
that a ``reasonable method'' to use to determine the rate applicable to 
companies that were not individually examined when all the rates of 
selected mandatory respondents are zero or de minimis is to assign to 
the non-selected respondents the average of the most recently 
determined rates that are not zero, de minimis, or based entirely on 
facts available.\6\ However, if a non-selected respondent has its own 
calculated rate that is contemporaneous with or more recent than such 
previous rates, the Department has found it appropriate to apply that 
calculated rate to the non-selected respondent, even when that rate is 
zero or de minimis.\7\
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    \6\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2012 and Rescission of Countervailing Duty 
Administrative Review, in Part, 79 FR 51140, 51141 (August 27, 
2014); and Cut-to-Length Carbon-Quality Steel Plate from the 
Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and 
accompanying Issues and Decision Memorandum at Non-Selected Rate.
    \7\ Id.
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    In the Turkey Rebar First Review, the most recently completed 
administrative review of this order, we calculated a net subsidy rate 
of 0.02 percent ad valorem for Kaptan Demir Celik Endustrisi ve Ticaret 
A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. (collectively, 
Kaptan).\8\ Therefore, consistent with the Department's practice, 
described above, we are assigning the rate of 0.02 percent

[[Page 57576]]

ad valorem to Kaptan, based on the company's rate calculated in the 
prior review.
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    \8\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2014, 82 FR 26907, 26908 (June 12, 2017) 
(Turkey Rebar First Review).
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    With regard to the 10 remaining non-selected companies, for which 
an individual rate was not calculated, we are assigning the rate of 
1.25 percent ad valorem, which is the sole above de minimis rate 
calculated within a segment of this proceeding.\9\
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    \9\ The rate of 1.25 percent was calculated for Icdas in the 
underlying investigation. 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).
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    We preliminarily find that the net countervailable subsidy rates 
for the period January 1, 2015, through December 31, 2015 are as 
follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            Ad Valorem
                                                                (%)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its            0.02
 cross-owned affiliates \10\............................
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S..            0.18
Acemar International Limited............................            1.25
As Gaz Sinai ve Tibbi Azlar A.S \11\....................            1.25
Asil Celik Sanayi ve Ticaret A.S \12\...................            1.25
Ege Celik Endustrisi Sanayi ve Ticaret A.S \13\.........            1.25
Izmir Demir Celik Sanayi A.S............................            1.25
Kaptan Demir Celik Endustrisi ve Ticaret A.S.\14\ and               0.02
 Kaptan Metal Dis Ticaret ve Nakliyat A.S \15\..........
Kocaer Haddecilik Sanayi Ve Ticar L.....................            1.25
Mettech Metalurji Madencilik Muhendislik Uretim                     1.25
 Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................            1.25
Ozkan Demir Celik Sanayi A.S............................            1.25
Wilmar Europe Trading BV................................            1.25
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, the Department shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend to issue 
instructions to CBP 15 days after publication of the final results of 
this review.
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    \10\ The Department preliminarily finds the following companies 
to be cross-owned with Icdas: Mardas Marmara Deniz Isletmeciligi 
A.S., Oraysan Insaat Sanayi ve Ticaret A.S., Artmak Denizcilik 
Ticaret ve Sanayi A.S., and Demir Sanayi Demir Celik Ticaret ve 
Sanayi A.S.
    \11\ The company's name was incorrectly spelled as As Gaz Sinai 
ve Tibbi Azlar AS. in the Initiation Notice. See Initiation Notice, 
82 FR at 4298.
    \12\ The company's name was incorrectly spelled as Asil Celik 
Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \13\ The company's name was incorrectly spelled as Ege Celik 
Endustrisi Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \14\ The company's name was incorrectly spelled as Kaptan Demir 
Celik Industrisi ve Ticaret A.S. in the Initiation Notice. Id.
    \15\ In its request for review, the petitioner listed the 
company name as Kaptan Metal Dis Tic Ve Nak AS. See Petitioner's 
Letter, ``Request for Administrative Review,'' dated November 30, 
2016, and Initiation Notice, 82 FR at 4298. The petitioner 
subsequently clarified that the review request was for Kaptan Metal 
Dis Ticaret ve Nakliyat A.S. See Petitioner's Letter, ``Response to 
Clarification Request,'' dated July 26, 2017.
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Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, the Department intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown above for the reviewed companies should the 
final results remain the same as these preliminary results. 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. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure and Public Comment

    We will disclose to the parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of this notice.\16\ Interested parties may submit 
written arguments (case briefs) on the preliminary results no later 
than 30 days from the date of publication of this Federal Register 
notice, and rebuttal comments (rebuttal briefs) within five days after 
the time limit for filing case briefs.\17\ Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs. Parties who submit arguments are requested to submit with 
the argument: (1) Statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities.
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    \16\ See 19 CFR 351.224(b).
    \17\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\18\ Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If the 
Department receives a request for a hearing, we will inform parties of 
the scheduled date for the hearing, which will be held at the main 
Department of Commerce building at a time and location to be 
determined.\19\ Parties should confirm by telephone the date, time, and 
location of the hearing.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, we intend to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
parties in their comments, within 120 days after publication of these 
preliminary results.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 351.221(b)(4).


[[Page 57577]]


     Dated: November 30, 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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Rescind the 2015 Administrative Review, in Part
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Rediscount Program
    2. Deductions From Taxable Income for Export Revenue
    B. Programs Preliminarily Determined To Not Confer 
Countervailable Benefits
    1. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    2. Inward Processing Regime
    3. Assistance To Offset Costs Related to Antidumping/CVD 
Investigations
    4. Investment Incentive Certificates
    C. Programs Preliminarily Determined To Not Be Countervailable
    1. Payments From the Turkish Employers' Association of Metal 
Industries (MESS)--
Social Security Premium Support
    2. Payments From MESS--Occupational Health and Safety Support
    D. Programs Preliminarily Determined To Not Be Used
    1. Purchase of Electricity for More Than Adequate Remuneration 
(MTAR)--Sales via Build-Operate-Own, Build-Operate-Transfer, and 
Transfer of Operating Rights Contracts
    2. Purchase of Electricity Generated From Renewable Resources 
for MTAR
    3. Provision of Lignite for LTAR
    4. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    5. Research and Development Grant Program
    6. Export Credits, Loans, and Insurance From Turk Eximbank
    7. Regional Investment Incentives
    8. Large-Scale Investment Incentives
    9. Strategic Investment Incentives
    10. Incentives for Research & Development (R&D) Activities
    11. Regional Development Subsidies
VIII. Recommendation

[FR Doc. 2017-26292 Filed 12-5-17; 8:45 am]
 BILLING CODE 3510-DS-P