[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16051-16054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07722]


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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; 2015

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

SUMMARY: The Department of Commerce (Commerce) determines that 
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji

[[Page 16052]]

A.S. (collectively, Colakoglu), and Icdas Celik Enerji Tersane ve 
Ulasim Sanayi A.S. (Icdas), producers/exporters of steel concrete 
reinforcing bar (rebar) from the Republic of Turkey (Turkey), did not 
receive countervailable subsidies during the period of review (POR) 
covering January 1, 2015, through December 31, 2015. This review also 
covered 11 companies not individually examined, which Commerce 
determines received net countervailable subsidies during the POR. 
Additionally, we are rescinding the review for two companies for which 
reviews were requested.

DATES: Applicable April 13, 2018.

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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review on December 6, 2017.\1\ Commerce exercised its discretion to 
toll all deadlines affected by the closure of the Federal Government 
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. The revised deadline for the final 
results of this review is now April 9, 2018.\2\
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    \1\ See 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, 82 FR 57574 
(December 6, 2017) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by three days.
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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.\3\
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    \3\ 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 Final Results of 
Countervailing Duty 2015 Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey,'' dated concurrently 
with, and hereby adopted by this notice (Issues and Decision 
Memorandum).
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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 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

    Commerce 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.\4\ For a full description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
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    \4\ 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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Partial Rescission of Review

    Agir Haddecilik A.S. (Agir) \5\ timely filed a no-shipments 
certification. U.S. Customs and Border Protection (CBP) did not provide 
to Commerce any information that contradicted this no-shipments 
certification. Consequently, in the Preliminary Results, Commerce 
announced its intent to rescind the review of Agir. No interested party 
submitted comments on Commerce's intent to rescind the review of Agir. 
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 are rescinding the 
review with respect to Agir.
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    \5\ 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).
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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 because the final determination of the 
investigation with respect to this producer/exporter combination was 
negative.\6\ 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 the Order.
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    \6\ 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) (Turkey Rebar Final Determination).
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    No interested party submitted comments on Commerce's intent to 
rescind the review of Habas. 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 January 1, 2015, 
through December 31, 2015:

[[Page 16053]]



------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its          * 0.02
 cross-owned affiliates \7\.............................
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S..          * 0.18
Acemar International Limited............................        \8\ 1.25
As Gaz Sinai ve Tibbi Azlar A.S.\9\.....................            1.25
Asil Celik Sanayi ve Ticaret A.S.\10\...................            1.25
Ege Celik Endustrisi Sanayi ve Ticaret A.S.\11\.........            1.25
Izmir Demir Celik Sanayi A.S............................            1.25
Kaptan Demir Celik Endustrisi ve Ticaret A.S.\12\ and        * \14\ 0.02
 Kaptan Metal Dis Ticaret ve Nakliyat A.S.\13\..........
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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* de minimis.

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.\15\
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    \7\ We find 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.
    \8\ Commerce is assigning the rate of 1.25 percent ad valorem, 
the sole above de minimis rate calculated within a segment of this 
proceeding to the non-selected companies. This rate was calculated 
for Icdas in the underlying investigation. See Turkey Rebar Final 
Determination, 79 FR at 54964; see also Preliminary Results PDM at 
6.
    \9\ 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.
    \10\ The company's name was incorrectly spelled as Asil Celik 
Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \11\ The company's name was incorrectly spelled as Ege Celik 
Endustrisi Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \12\ The company's name was incorrectly spelled as Kaptan Demir 
Celik Industrisi ve Ticaret A.S. in the Initiation Notice. Id.
    \13\ 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.
    \14\ Consistent with Commerce's practice, we continue to assign 
the rate of 0.02 percent ad valorem to Kaptan Demir Celik Endustrisi 
ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S., based 
on their rate calculated in the prior administrative review. See 
Preliminary Results PDM at 5-6; see also 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).
    \15\ See 19 CFR 351.224(b).
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to 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 January 1, 2015, through December 31, 2015, for the above-listed 
companies at the ad valorem assessment rates listed, except for those 
companies to which a de minimis rate is assigned. Concerning those 
companies with a de minimis rate, Commerce intends to issue assessment 
instructions to CBP to liquidate shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 2015, through December 31, 2015, without regard to 
countervailing duties.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for each of the 
respective companies listed above, except, where the rate calculated in 
these final results is de minimis, no cash deposit will be required 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, effective upon publication of these final results, 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: April 9, 2018.
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Comments
IV. Scope of the Order
V. Partial Rescission of the 2015 Administrative Review
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Rediscount Program
    2. Deduction From Taxable Income for Export Revenue
    B. Programs Determined Not To 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 Determined Not To 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 Determined To Not Be Used

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    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 Activities
    11. Regional Development Subsidies
IX. Analysis of Comments
    Comment: Whether Commerce Should Modify the Natural Gas 
Benchmark
X. Conclusion

[FR Doc. 2018-07722 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-DS-P