[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67511-67512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23513]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-822-804; A-822-806]
Steel Concrete Reinforcing Bars From Belarus and Carbon and Alloy
Steel Wire Rod From Belarus: Final Results of Antidumping Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 6, 2020, the Department of Commerce (Commerce)
published the initiation of the changed circumstances reviews (CCRs) of
steel concrete reinforcing bars from Belarus and carbon and alloy steel
wire rod from Belarus. For these final results, Commerce concludes that
Belarus continues to be a non-market economy (NME) country for purposes
of the antidumping duty (AD) law, because its economy does not
primarily operate on market principles.
DATES: Applicable October 23, 2020.
FOR FURTHER INFORMATION CONTACT: Christopher Loopesko, Office of
Policy, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0969.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, the Government of Belarus (GOB) requested
that Commerce review Belarus' status as an NME country within the
context of CCRs of the AD orders on steel concrete reinforcing bars and
carbon and alloy steel wire rod.\1\ On February 6, 2020, Commerce
published in the Federal Register the notice of initiation of these
CCRs.\2\
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\1\ See GOB's Letter, ``Steel Concrete Reinforcing Bars from
Belarus and Alloy Steel Wire Rod from Belarus: Request for the
Department of Commerce to Initiate a Changed Circumstance Review on
Behalf of the Republic of Belarus,'' dated December 16, 2019.
\2\ See Steel Concrete Reinforcing Bars from Belarus and Carbon
and Alloy Steel Wire Rod from Belarus: Initiation of Antidumping
Duty Changed Circumstances Reviews, 85 FR 6893 (February 6, 2020).
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On March 9, 2020, Commerce received comments and information from
Liberty Steel USA, Optimus Steel LLC, and Charter Steel (collectively,
Domestic Wire Rod Producers); \3\ Nucor Corporation (Nucor) and
Commercial Metals Company (CMC), domestic producers of carbon and alloy
steel wire rod; the Rebar Trade Action Coalition and its individual
members, Nucor, Gerdau Ameristeel US Inc., CMC, Steel Dynamics, Inc.,
and Byer Steel Group, Inc., domestic producers of steel concrete
reinforcing bar (collectively, Domestic Steel Producers); \4\ and the
GOB.\5\ On March 13, 2020, Commerce received comments and information
from the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union
(USW).\6\
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\3\ See Domestic Wire Rod Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Carbon and Alloy Steel Wire Rod
from Belarus--Comments on Changed Circumstances Reviews re: Belarus
Non-Market Economy Status,'' dated March 9, 2020.
\4\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Alloy Steel Wire Rod from Belarus:
Comments Pursuant to 19 U.S.C. 1677(18)(B),'' dated March 9, 2020.
\5\ See GOB's Letter, ``Changed Circumstances Reviews--Belarus
Nonmarket Economy Graduation: Government of Belarus Case Brief and
Hearing Request,'' dated March 9, 2020.
\6\ See USW's Letter, ``Steel Concrete Reinforcing Bars from
Belarus and Carbon and Alloy Steel Wire Rod from Belarus: Refiling
of Comments,'' dated March 13, 2020 (USW's Brief). The USW's brief
was timely filed on March 6, 2020. However, the USW omitted certain
certifications, and Commerce requested that the USW refile its
submission with the proper certifications by March 13, 2020.
Therefore, we consider this brief to be timely filed.
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On April 6, 2020, Commerce received rebuttal briefs from Domestic
Wire Rod Producers,\7\ Domestic Steel Producers,\8\ and the GOB.\9\
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\7\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Carbon and Alloy Steel Wire Rod
from Belarus--Domestic Interested Parties' Rebuttal Comments on
Belarus' NME Graduation Comments,'' dated April 6, 2020.
\8\ See Domestic Steel Producers' Letter, ``Steel Concrete
Reinforcing Bars from Belarus and Alloy Steel Wire Rod from Belarus:
Rebuttal Comments,'' dated April 6, 2020.
\9\ See GOB's Letter, ``Steel Concrete Reinforcing Bar and
Carbon and Alloy Steel Wire Rod from Belarus: Government of Belarus
Rebuttal Comments,'' dated April 6, 2020.
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Public Hearing
On September 30, 2020, Commerce held a public hearing via
videoconference.\10\
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\10\ See Public Hearing Transcript regarding ``Antidumping Duty
Changed Circumstances Reviews of Steel Concrete Reinforcing Bars
from Belarus and Carbon and Alloy Steel Wire Rod from Belarus,''
dated September 30, 2020.
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Analysis of Comments Received
Commerce's analysis of the issues raised by parties to this review
is
[[Page 67512]]
included in the NME Analysis Memo.\11\ The NME Analysis Memo is a
public document 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. In addition, a complete version of the NME Analysis
Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed NME Analysis Memo and
the electronic versions of the NME Analysis Memo are identical in
content.
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\11\ See Memorandum, ``Final Results of Changed Circumstances
Reviews Regarding Belarus' Status as a Non-Market Economy Country,''
dated concurrently with, and hereby adopted by, this notice (NME
Analysis Memo).
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Final Results of Changed Circumstances Reviews
These CCRs were conducted pursuant to section 771(18)(A) of the
Tariff Act of 1930, as amended (the Act), which defines the term ``non-
market economy country'' as any foreign country determined by Commerce
not to ``operate on market principles of cost or pricing structures, so
that sales of merchandise in such country do not reflect the fair value
of the merchandise.'' Section 771(18)(B) of the Act lists six factors
Commerce must consider in any inquiry made under section 771(18)(A) of
the Act, and under section 771(18)(C)(i) of the Act, a country's NME
country status remains in effect until revoked.
Section 771(18)(B) of the Act requires that Commerce take into
account: (1) The extent to which the currency of the foreign country is
convertible into the currency of other countries; (2) the extent to
which wage rates in the foreign country are determined by free
bargaining between labor and management; (3) the extent to which joint
ventures or other investments by firms of other foreign countries are
permitted in the foreign country; (4) the extent of government
ownership or control of the means of production; (5) the extent of
government control over the allocation of resources and over the price
and output decisions of enterprises; and (6) such other factors as the
administering authority (i.e., Commerce) considers appropriate. In
these final results, Commerce concludes that Belarus remains an NME
country, based on an analysis of these six factors. The Belarusian
government's role in the economy and its relationship with markets and
the private sector lead to fundamental distortions and allocative
efficiency problems, and affect Belarusian costs or pricing structures
that are relevant to Commerce's antidumping analysis. Commerce's
analysis and reasoning in support of its conclusion are detailed in the
NME Analysis Memo.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(b) and 771(18)(C)(ii) of the Act.
Dated: October 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-23513 Filed 10-22-20; 8:45 am]
BILLING CODE 3510-DS-P