[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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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