[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15765-15767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05754]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
mandatory respondents, Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) and Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S. (Kaptan
Demir) did not make sales of steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey) at less than normal value (NV)
during the period of review (POR), March 7, 2017 through June 30, 2018.
DATES: Applicable March 19, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Kathryn Wallace, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2328 or (202)
482-6251, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on September 16,
2019.\1\ On January 30, 2020, Commerce issued the Post-Preliminary
Particular Market Situation (PMS) Memorandum, finding that a PMS did
not exist with respect to the Turkish billet market during the POR.\2\
On February 11 and 18, 2020, we received case and rebuttal briefs,
respectively, from interested parties.\3\ Commerce conducted this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act). For details concerning the events
subsequent to the Preliminary Results, including the issuance of the
Post-Preliminary PMS Memorandum, see the Issues and Decision
Memorandum.\4\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 68884 (September 16, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey: Post-
Preliminary Decision Memorandum on Particular Market Situation
Allegation,'' dated January 30, 2020 (Post-Preliminary PMS
Memorandum).
\3\ See Kaptan Demir's Letter, ``Steel Concrete Reinforcing Bar
from Turkey: Kaptan Case Brief,'' dated February 11, 2020; Icdas's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Icdas Case Brief,'' dated February 11, 2020; Petitioner's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Petitioner's Case Brief,'' dated February 11, 2020; Icdas's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Icdas Rebuttal Brief,'' dated February 18, 2020; and
Petitioner's Letter, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Petitioner's Rebuttal Brief,'' dated February
18, 2020.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on 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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Scope of the Order
The product covered by the review is rebar from Turkey. For a full
description of the scope, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix II. 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 to all parties 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/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made the following revisions: \5\
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\5\ See Memoranda, ``Analysis for the Final Results: Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.''; and ``Analysis for the Final
Results: Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S.,'' both
of which are dated concurrently with this Federal Register notice.
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For both Icdas and Kaptan Demir, we relied on actual
weight for the calculation of each respondent's estimated weighted-
average dumping margin;
For both Icdas and Kaptan Demir, we revised certain
currency calculation errors in the home and U.S. market programs;
[[Page 15766]]
We relied on Icdas's sales to affiliated resellers that
passed the arms-length test;
We revised the USMONTH calculation in Icdas's margin
program; and
We deducted the movement expenses of affiliated resellers
from Icdas's normal value.
Final Results of the Administrative Review
We have determined the following weighted-average dumping margins
exist for the period March 7, 2017 through June 30, 2018:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......... 0.00
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S....... 0.00
Colakoglu Dis Ticaret A.S............................... 0.00
Colakoglu Metalurji A.S................................. 0.00
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S..... 0.00
Kaptan Metal Dis Ticaret ve Nakliyat A.S................ 0.00
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be applied to
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted-average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time{time} .'' However, section 735(c)(5)(B) of the Act
states that if the weighted-average dumping margins for all
individually examined exporters or producers are zero, de minimis, or
based entirely on facts available, then Commerce may use ``any
reasonable method'' to establish the all-others rate, including
averaging the weighted-average dumping margins for the individually
examined companies.
Consistent with section 735(c)(5)(B) of the Act, we have determined
that a reasonable method for determining the weighted-average dumping
margin for each of the non-selected companies is to use the average of
the weighted-average dumping margin calculated for the mandatory
respondents (i.e., Kaptan Demir and Icdas) in this administrative
review. Although the weighted-average dumping margins calculated for
both Kaptan Demir and Icdas are zero, these are the only rates
calculated in this review and, thus, Commerce has determined the
weighted-average dumping margin for the non-examined companies to be
zero.\6\
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\6\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017
(May 21, 2019)
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. Because the weighted-
average dumping margins of Kaptan Demir, Icdas, and the four firms not
selected for individual examination have been determined to be zero
within the meaning of 19 CFR 351.106(c), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's practice, for entries of subject
merchandise during the POR for which Kaptan Demir and Icdas did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no company-specific rate for the intermediate company(ies) involved
in the transaction.\7\ Commerce intends to issue assessment
instructions directly to CBP 15 days after publication of these final
results of review.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of rebar from Turkey entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the respondents
noted above will be the rate established in the final results of this
administrative review; (2) for merchandise exported by manufacturers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the LTFV investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 7.26 percent, the all-others
rate established in the LTFV investigation.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
[[Page 15767]]
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: March 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise subject to this review is steel concrete
reinforcing bar imported in either straight length or coil form
(rebar) regardless of metallurgy, length, diameter, or grade or lack
thereof. Subject merchandise includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and which has been
subjected to an elongation test.
The subject merchandise includes rebar that has been further
processed in the subject countries or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of these orders if performed in the country of
manufacture of the rebar. Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also excluded from the scope is
deformed steel wire meeting ASTM A1064/A1064M with no bar markings
(e.g., mill mark, size, or grade) and without being subject to an
elongation test.
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, 7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030,
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether a Particular Market Situation (PMS) Exists
With Respect to the Turkish Billet Market
Comment 2: Whether Commerce Should Revise its Duty Drawback
Adjustment
Comment 3: Whether Commerce Should Rely on Theoretical or Actual
Weight in the Home market
Comment 4: SAS Programming Errors
Comment 5: Whether Commerce Should Use Contract Date as Icdas's
U.S. Date of Sale
Comment 6: Whether Commerce Should Use ``Partial'' Quarters in
its Quarterly Cost Analysis
Comment 7: Whether Commerce Should Reallocate the Cost of
Icdas's Short-Length Rebar to Prime Products
Comment 8: Whether Commerce Should Use Icdas's Reported General
and Administrative (G&A) and Interest Expense Ratio (INTEX) Expenses
VI. Recommendation
[FR Doc. 2020-05754 Filed 3-18-20; 8:45 am]
BILLING CODE 3510-DS-P