[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Notices]
[Pages 36051-36053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15824]
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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; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
Colakoglu Dis Ticaret A.S. (COTAS) and Colakoglu Metalurji A.S.
(Colakoglu Metalurji) (collectively, Colakoglu), Icdas Celik Enerji
Tersane ve Ulasim Sanayi A.S. (Icdas), and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. (Kaptan Demir) and Kaptan Metal Dis Ticaret
Ve Nakliyat A.S. (Kaptan Metal) (collectively, Kaptan), producers and/
or exporters of steel concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey), received countervailable subsidies during
the period of review (POR) January 1, 2016 through December 31, 2016.
This review also covered 11 companies not individually examined, which
Commerce determines received net countervailable subsidies during the
POR. In addition, Commerce is rescinding the review with respect to
DufEnergy Trading SA (DufEnergy), Duferco Celik Ticaret Limited
(Duferco), Ekinciler Demir ve Celik Sanayi A.S. (Ekinciler), and Habas
Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas).
DATES: Applicable July 26, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Caitlin Monks, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148 and (202) 482-2670,
respectively.
Background
Commerce published the Preliminary Results of this administrative
review on December 10, 2018.\1\ For a history of events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018 through the resumption of operations on January 29, 2019.\3\ On
March 27, 2019, Commerce extended the deadline for the final results of
this administrative review until July 18, 2019.\4\
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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; 2016, 83 FR 63472
(December 10, 2018) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2016,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Final Results in 2016
Countervailing Duty Administrative Review,'' dated March 27, 2019.
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Scope of the Order \5\
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\5\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
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The merchandise covered by the Order is rebar imported in either
straight length or coil form regardless of metallurgy, length,
diameter, or grade. For a complete description of the scope, see
attachment to the 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 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.\6\ For a full description of the methodology
underlying all of Commerce's conclusions, see the Issues and Decision
Memorandum.
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\6\ 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
DufEnergy, Duferco, and Ekinciler each timely filed a no-shipments
certification.\7\ U.S. Customs and Border
[[Page 36052]]
Protection (CBP) did not provide to Commerce any information that
contradicted these no-shipments certifications. Consequently, in the
Preliminary Results, Commerce announced its intent to rescind the
reviews of DufEnergy, Duferco, and Ekinciler. No interested party
submitted comments on Commerce's intent to rescind the reviews of
DufEnergy, Duferco, and Ekinciler. Because there is no evidence on the
record to indicate that DufEnergy, Duferco, or Ekinciler 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 these companies.
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\7\ See DufEnergy's Letter, ``Steel Concrete Reinforcing Bar
from Turkey; No Shipments Letter for DufEnergy Trading SA (formerly
known as Duferco Investment Services SA),'' dated January 29, 2018;
Duferco's Letter, ``Steel Concrete Reinforcing Bar from Turkey; No
Shipments Letter for Duferco Celik Ticaret Limited,'' dated January
29, 2018; and Ekinciler's Letter, ``Hot-Rolled Steel Products from
Turkey (C-489-819): Countervailing Duty Administrative Review (01/
01/16-12/31/16),'' dated January 24, 2018.
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Entries of merchandise produced and exported by Habas are not
subject to countervailing duties because Commerce's final determination
of the investigation with respect to this producer/exporter combination
was negative.\8\ 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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\8\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, 79 FR 54963
(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 the Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates exist for the period January 1, 2016
through December 31, 2016:
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Subsidy rate
Company ad valorem
(percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its 2.76
cross-owned affiliates \9\.............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan * 0.22 (de
Metal Dis Ticaret ve Nakliyat A.S. and their cross- minimis)
owned affiliates \10\..................................
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. 1.82
and their cross-owned affiliates \11\..................
Acemar International Limited............................ 2.29
Agir Haddecilik A.S..................................... 2.29
As Gaz Sinai ve Tibbi Gazlar A.S........................ 2.29
Asil Celik Sanayi ve Ticaret A.S........................ 2.29
Ege Celik Endustrisi Sanayi ve Ticaret A.S.............. 2.29
Izmir Demir Celik Sanayi A.S............................ 2.29
Kocaer Haddecilik Sanayi Ve Ticar L..................... 2.29
Mettech Metalurji Madencilik Muhendislik Uretim 2.29
Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................ 2.29
Ozkan Demir Celik Sanayi A.S............................ 2.29
Wilmar Europe Trading BV................................ 2.29
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* (de minimis)
Disclosure
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\9\ Commerce 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 Icdas Elektrik Enerjisi Uretim ve Yatirim A.S.
\10\ Commerce finds the following companies to be cross-owned
with Kaptan: Martas Marmara Ereglisi Liman Tesisleri A.S., Aset
Madencilik A.S., and Kaptan Is Makinalari Hurda Alim Satim Ltd. Sti.
\11\ Commerce finds the following company to be cross-owned with
Colakoglu: Demirsan Haddecilik San. Ve Tic. A.S.
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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.\12\
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\12\ 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, 2016 through December 31, 2016, 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, 2016 through December 31, 2016, without regard to
countervailing duties. 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, 2016 through December
31, 2016, 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their
[[Page 36053]]
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.
Notification to Interested Parties
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: July 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of the 2016 Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available with Adverse Inferences
VIII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Modify the Benchmark Used for
the Provision of Natural Gas for Less Than Adequate Remuneration
(LTAR)
Comment 2: Whether Commerce Should Countervail the Provision of
Preferential Financing from the Industrial Development Bank of
Turkey (TSKB)
Comment 3: Whether Commerce Should Adjust Icdas Celik Enerji
Tersane ve Ulasim Sanayi A.S. (Icdas)' Reported Sales Denominator
Comment 4: Whether Commerce Should Revise its Uncreditworthiness
Finding with Respect to Icdas Elektrik
Comment 5: Whether Commerce Should Recalculate the Subsidy
Attributed to Icdas Under the Renewable Energy Sources Support
Mechanism (YEKDEM) Program
Comment 6: Whether Commerce Should Adjust the Calculation of
Icdas' Benefit Under the Investment Incentives Program
IX. Recommendation
[FR Doc. 2019-15824 Filed 7-25-19; 8:45 am]
BILLING CODE 3510-DS-P