[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 74983-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25952]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No-Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers or exporters of steel concrete reinforcing bar (rebar) 
from the Republic of Turkey (Turkey) subject to this review made sales 
of subject merchandise at less than normal value during the period of 
review (POR) July 1, 2018 through June 30, 2019. Additionally, we 
preliminarily find that one company made no shipments during the POR. 
We invite all interested parties to comment on these preliminary 
results.

DATES: Applicable November 24, 2020.

FOR FURTHER INFORMATION CONTACT: Robert Copyak or Thomas Dunne, 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) 482-3642 or (202) 482-2328, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2017, Commerce published the antidumping duty order on 
rebar from Turkey.\1\ On September 9, 2019, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated an administrative review of the 
Order, covering eight companies.\2\ On February 20, 2020, Commerce 
selected Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and 
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S. (Kaptan Demir) as 
the mandatory respondents for this review.\3\ On March 26, 2020, 
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.213(h)(2), Commerce extended the time limit 
for issuing the preliminary results of this administrative review to 
May 29, 2020.\4\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days, thereby extending the deadline for 
issuing the preliminary results of this administrative review to July 
20, 2020.\5\ On July 19, 2020, pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(2), Commerce again extended the time limit 
for issuing the preliminary results of this administrative review to 
September 18, 2020.\6\ On July 21, 2020, Commerce again tolled all 
deadlines for preliminary and final results in administrative reviews 
by an additional 60 days.\7\ Therefore, the deadline for the 
preliminary results of this administrative review is now November 17, 
2020.
---------------------------------------------------------------------------

    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47251 (September 9, 2019) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection for the Antidumping 
Duty Administrative Review of Steel Concrete Reinforcing Bar from 
the Republic of Turkey, 2018-2019,'' dated February 20, 2019. 
Subsequently, Icdas filed a letter on the record stating that two of 
the company names listed in the Initiation Notice--Icdas Celik 
Enerji Tersane ve Ulasim and Icdas--are the same company. See Icdas' 
Letter, ``Steel Concrete Reinforcing Bar from the Republic of 
Turkey; Icdas' Clarification Letter,'' dated February 21, 2020.
    \4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated March 26, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \6\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results of 
Antidumping Administrative Review,'' dated June 19, 2020.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is steel concrete reinforcing bar 
from Turkey. For a full description of the scope, see the Preliminary 
Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Antidumping Duty Administrative Review: Steel 
Concrete Reinforcing Bar from the Republic of Turkey; 2018-2019'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying these preliminary results, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an 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. 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.

Preliminary Determination of No Shipments

    On September 11, 2019, Habas Sinai ve Tibbi Gazlar Istihsal 
End[uuml]strisi A.S (Habas) submitted a letter certifying that it had 
no exports or sales of subject merchandise into the United States 
during the POR.\9\ U.S. Customs and Border Protection (CBP) did not 
have any information to contradict these claims of no shipments during 
the POR.\10\ Therefore, we preliminarily determine that Habas did not 
have any shipments of subject merchandise during the POR. Consistent 
with Commerce's practice, we will not rescind the review with respect 
to Habas but rather will complete the review and issue instructions to 
CBP based on the final results.\11\
---------------------------------------------------------------------------

    \9\ See Preliminary Decision Memorandum at 5.
    \10\ Id.
    \11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
---------------------------------------------------------------------------

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to

[[Page 74984]]

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 market economy investigation, for guidance when calculating 
the rate 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} .''
    We calculated a preliminary weighted-average dumping margin of 
19.10 percent for Icdas and 11.80 percent for Kaptan Demir the POR. 
Commerce calculated the rate for the companies not selected for 
individual examination using a weighted-average of the estimated 
weighted-average dumping margins calculated for Icdas and Kaptan Demir 
and each company's publicly-ranged values for the merchandise under 
consideration.\12\
---------------------------------------------------------------------------

    \12\ For a complete analysis of the data, See Memorandum, 
``Preliminary Results of the Antidumping Administrative Review of 
Steel Concrete Reinforcing Bar from the Republic of Turkey: 
Calculation of the Cash Deposit Rate for Non-Reviewed Companies,'' 
dated November 17, 2020 (Non-Reviewed Companies Memo).
---------------------------------------------------------------------------

Preliminary Results of This Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margins for the period 
July 1, 2018 through June 30, 2019:

------------------------------------------------------------------------
                                                      Estimated weighted-
                 Producers/exporters                    average dumping
                                                       margin (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S\13\.               19.10
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S...               11.80
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \14\
------------------------------------------------------------------------
Colakoglu Dis Ticaret A.S...........................               17.30
Colakoglu Metalurji A.S.............................               17.30
Diler Dis Ticaret A.S...............................               17.30
Kaptan Metal Dis Ticaret ve Nakliyat A.S............               17.30
------------------------------------------------------------------------

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \13\ See supra n.3. We have determined that the two company 
names (Icdas Celik Enerji Tersane ve Ulasim and Icdas) refer to the 
same company, and the rate calculated for Icdas applies to both 
company names. See Preliminary Decision Memorandum at 2.
    \14\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act; see also Non-Reviewed Companies Memo.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose its calculations performed within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties will have the opportunity to comment on the preliminary results 
and may submit case briefs no later than 30 days after the publication 
of this notice. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this review are 
encouraged to submit with each argument: (1) A statement of the issue; 
a brief summary of the argument; and (3) a table of authorities. 
Executive summaries should be limited to five pages total, including 
footnotes. Case and rebuttal briefs should be filed using ACCESS \16\ 
and must be served on interested parties.\17\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\18\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \16\ See 19 CFR 351.303 (for general filing requirements).
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\19\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined.\20\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. CBP shall assess, antidumping duties on all 
appropriate entries covered by this review. Commerce intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\21\ For entries of subject

[[Page 74985]]

merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\22\ Where either the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \21\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \22\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review where applicable.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date 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 companies 
under review will be the rate established in the final results of this 
review (except, if the ad valorem rate is de minimis, then the cash 
deposit rate will be zero); (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently-completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original 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 subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 7.26 percent, the all-others rate 
established in the investigation.\23\
---------------------------------------------------------------------------

    \23\ See Order, 82 FR at 32533.
---------------------------------------------------------------------------

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results, pursuant 
to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of doubled antidumping duties.

Notification to Interested Parties

    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Ac, and 19 CFR 
351.221(b)(4).

    Dated: November 17, 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. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2020-25952 Filed 11-23-20; 8:45 am]
BILLING CODE 3510-DS-P