[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3030-3032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00743]


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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; 2017

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

SUMMARY: The Department of Commerce (Commerce) preliminary determines 
that producers/exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey) received net countervailable subsidies 
during the period of review (POR) January 1 through December 31, 2017. 
Commerce preliminarily determines that the mandatory respondents, Icdas 
Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and Kaptan Demir 
Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret Ve 
Nakliyat A.S. (collectively, Kaptan), each received de minimis net 
countervailable subsidies during the POR. This review also includes 15 
companies not individually examined, which Commerce preliminarily 
determines received net countervailable subsidies. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable January 17, 2020.

FOR FURTHER INFORMATION CONTACT: Nancy Decker, 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) 482-0196.

SUPPLEMENTARY INFORMATION: 

Background

    On February 6, 2019, Commerce published a notice of initiation of 
an administrative review of the countervailing duty order on rebar from 
Turkey.\1\ On July 25, 2019, Commerce extended the deadline for the 
preliminary results to January 9, 2020.\2\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\3\ A list of topics discussed in the 
Preliminary Decision Memorandum is included as the appendix to this 
notice. 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 http://access.trade.gov, and 
to all parties in the Central Records Unit, Room B8024 of the main 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159, 2168 (February 6, 2019). A 
clarification regarding the initiation was also published. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 84 FR 9297, 9307 n.11 (March 14, 2019).
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results in 
2017 Countervailing Duty Administrative Review,'' dated July 25, 
2019.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review of and the 
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing 
Bar from the Republic of Turkey; 2017,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order 4

    The merchandise covered by the Order is steel concrete reinforcing 
bar (rebar) imported in either straight length or coil form regardless 
of metallurgy, length, diameter, or grade. For a complete description 
of the scope, see the Preliminary Decision Memorandum.
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    \4\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
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Methodology

    Commerce is 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 government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \5\ 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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Intent To Rescind Administrative Review, in Part

    Agir Haddecilik A.S. (Agir), Asil Celik Sanayi ve Ticaret A.S. 
(Asil), Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege), Ekinciler 
Demir ve Celik Sanayi Anonim Sirketi (Ekinciler), and Kocaer Haddecilik 
Sanayi ve Ticar (Kocaer) timely filed no-shipments certifications.\6\ 
U.S. Customs and Border Protection (CBP) did not provide Commerce with 
any contrary information. Because there is no evidence on the record to 
indicate that

[[Page 3031]]

Agir, Asil, Ege, Ekinciler, or Kocaer 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 
these companies.
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    \6\ See Agir's letter, ``Steel Concrete Reinforcing Bar from 
Turkey (C-489-819): Countervailing Duty Administrative Review (1/1/
17-12/31/17),'' dated February 22, 2019; Asil's letter, ``Steel 
Concrete Reinforcing Bar from Turkey (C-489-819): Countervailing 
Duty Administrative Review (1/1/17-12/31/17),'' dated February 22, 
2019; Ege's letter, ``Steel Concrete Reinforcing Bar from Turkey (C-
489-819), Countervailing Duty Administrative Review (1/1/17-12/31/
17), Certification Of No Sales,'' dated March 5 2019; Ekinciler's 
letter, ``Steel Concrete Reinforcing Bar from Turkey (C-489-819): 
Countervailing Duty Administrative Review (1/1/17-12/31/17),'' dated 
February 21, 2019; and Kocaer's letter, ``2017 Countervailing Duty 
Administrative Review Involving Steel Concrete Reinforcing Bar from 
the Republic of Turkey: Notice of No Sales,'' dated February 21, 
2019.
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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 Commerce's final 
determination with respect to this producer/exporter combination was 
negative.\7\ 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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    \7\ 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, Asil, 
Ege, Ekinciler, or Kocaer, and Habas will be made in the final results 
of this administrative review.

Companies Not Selected for Individual Review

    To determine the rate for companies not selected for individual 
examination, Commerce's practice is to weight average the net subsidy 
rates for the selected mandatory companies, excluding rates that are 
zero, de minimis, or based entirely on facts available.\8\ In this 
review, we preliminarily calculated de minimis subsidy rates for each 
of the mandatory respondents (i.e., Icdas and Kaptan) during the POR. 
In countervailing duty proceedings, where the number of respondents 
being individually examined has been limited, Commerce 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.\9\ However, if a non-selected respondent has its own 
calculated rate that is contemporaneous with or more recent than such 
previous rates, Commerce has found it appropriate to apply that 
calculated rate to the non-selected respondent, even when that rate is 
zero or de minimis.\10\
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    \8\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \9\ 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.''
    \10\ Id.
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    In the most recently completed administrative review of this order, 
we calculated a net subsidy rate of 1.82 percent ad valorem for 
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.\11\ Therefore, 
consistent with Commerce's practice, described above, we are assigning 
the rate of 1.82 percent ad valorem to Colakoglu Dis Ticaret A.S. and 
Colakoglu Metalurji A.S., based on the companies' rate calculated in 
the prior review.
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    \11\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2016, 84 FR 36051, 36052 (July 26, 2019).
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    With regard to the 13 remaining non-selected companies, for which 
an individual rate was not calculated, we are assigning the rate of 
2.29 percent ad valorem, which is the average of the above de minimis 
rates calculated in the last review.\12\
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    \12\ Id. The average of the two calculated rates that were above 
de minimis equals 2.29 percent.
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Preliminary Results of the Review

    We preliminarily find that the net countervailable subsidy rates 
for the period January 1, 2017 through December 31, 2017, are as 
follows:
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    \13\ Commerce 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., Art[inodot]m Demir In[scedil]aat Turizm Sanayi Ticaret 
Ltd. Sti., Anka Entansif Hayvanc[inodot]l[inodot]k G[inodot]da 
Tar[inodot]m Sanayi ve Ticaret A.S., and Eras 
Ta[scedil][inodot]mac[inodot]l[inodot]k Taahhut Insaat ve Ticaret 
A.S.
    \14\ Commerce preliminarily finds the following companies to be 
cross-owned with Kaptan: Kaptan Is Makinalari Hurda Alim Satim Ltd. 
Sti, and Efesan Demir San. Ve Tic. A.S.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its          * 0.41
 cross-owned affiliates \13\............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan          * 0.19
 Metal Dis Ticaret ve Nakliyat A.S. and their cross-
 owned affiliates \14\..................................
Acemar International Limited............................            2.29
A G Royce Metal Marketing...............................            2.29
As Gaz Sinai ve Tibbi Gazlar A.S........................            2.29
Bastug Metalurji Sanayi AS..............................            2.29
Colakoglu Dis Ticaret A.S...............................            1.82
Colakoglu Metalurji A.S.................................            1.82
Demirsan Haddecilik Sanayi Ve Ticaret AS................            2.29
Diler Dis Ticaret AS....................................            2.29
Duferco Investment Services SA..........................            2.29
Duferco Celik Ticaret Limited...........................            2.29
Izmir Demir Celik Sanayi A.S............................            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).


[[Page 3032]]

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce 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.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce 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 the 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 
at the most recent company-specific or all-others rate applicable to 
the company, as appropriate. 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.\15\ Interested parties may submit 
written arguments (case briefs) on the preliminary results within 30 
days of publication of the preliminary results, and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\16\ 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) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\17\
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    \15\ See 19 CFR 351.224(b).
    \16\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \17\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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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 Commerce 
receives a request for a hearing, we will inform parties of the 
scheduled date for the hearing, which will be held at the main 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 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, Commerce intends 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).

    Dated: January 9, 2020.
Jeffrey I. Kessler,
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 2017 Administrative Review, in Part
IV. New Subsidy Allegation
V. Non-Selected Rate
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2020-00743 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P