[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:

------------------------------------------------------------------------
                                                           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
------------------------------------------------------------------------
* (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