[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28574-28575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11258]


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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 and Final 
Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) finds that sales of 
steel concrete reinforcing bar (rebar) from the Republic of Turkey 
(Turkey) were made at less than normal value during the period of 
review (POR) July 1, 2018, through June 30, 2019.

DATES: Applicable May 27, 2021.

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 November 24, 2020, Commerce published the Preliminary Results of 
this administrative review and invited interested parties to comment on 
the Preliminary Results.\1\ These final results cover seven companies 
for which an administrative review was initiated and not rescinded. On 
December 22, 2020, Kaptan Demir Celik Endustrisi ve Ticaret A.S. 
(Kaptan Demir) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. 
(Icdas) (collectively, the respondents) filed a joint case brief.\2\ 
Also, on the same day, the Rebar Trade Action Coalition (the 
petitioner) filed its case brief.\3\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No-Shipments; 2018-2019, 85 
FR 74983 (November 24, 2020) (Preliminary Results).
    \2\ See Respondents' Letter, ``Steel Concrete Reinforcing Bar 
from the Republic of Turkey: Turkish Respondents' Case Brief,'' 
dated December 22, 2020.
    \3\ See Petitioner's Letter, ``Steel Concrete Reinforcing Bar 
from the Republic of Turkey: RTAC's Case Brief,'' dated December 22, 
2020.
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    On January 8, 2021, we received a joint rebuttal brief from the 
respondents and a rebuttal brief from the petitioner.\4\ On February 
26, 2021, Commerce rejected the respondents' case brief and the 
petitioner's rebuttal brief for containing untimely new factual 
information.\5\ On March 2, 2021, the respondents' submitted a revised 
case brief, and the petitioner submitted its revised rebuttal case 
brief.\6\
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    \4\ See Respondents' Letter, ``Steel Concrete Reinforcing Bar 
from the Republic of Turkey: Turkish Respondents' Rebuttal Case 
Brief,'' dated January 8, 2021; see also Petitioner's Letter, 
``Steel Concrete Reinforcing Bars from the Republic of Turkey: 
RTAC's Rebuttal Brief,'' dated January 8, 2021.
    \5\ See Commerce Letters, ``Steel Concrete Reinforcing Bar from 
the Republic of Turkey--Rejection of Case Brief Containing Untimely 
New Factual Information,'' dated February 26, 2021 and ``Steel 
Concrete Reinforcing Bar from the Republic of Turkey--Rejection of 
Rebuttal Brief Containing Untimely New Factual Information,'' dated 
February 26, 2021.
    \6\ See Respondents' Letter, ``Steel Concrete Reinforcing Bar 
from the Republic of Turkey: Submission of Turkish Respondents' 
Revised Case Brief,'' dated March 2, 2021; see also Petitioner's 
Letter, ``Steel Concrete Reinforcing Bar from Turkey: Resubmission 
of RTAC's Rebuttal Brief,'' dated March 2, 2021.
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    On March 3, 2021, Commerce extended the deadline for these final 
results until May 21, 2021.\7\
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    \7\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Steel Concrete Reinforcing Bar from the Republic of 
Turkey,'' dated March 3, 2021.
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Scope of the Order 8
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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) (Order).
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    The scope of the Order covers rebar from Turkey. A full description 
of the scope of the Order is contained in the Issues and Decision 
Memorandum.\9\
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    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Steel Concrete Reinforcing Bar from 
Turkey,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues addressed in the Issues and Decision Memorandum is 
in the appendix to this notice. 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. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes from the Preliminary Results.

Final Determination of No Shipments

    For the Preliminary Results, we found that Habas Sinai ve Tibbi 
Gazlar Istihsal End[uuml]strisi A.S (Habas) did not have any shipments 
of subject merchandise during the POR. No parties commented on this 
preliminary determination. For the final results of review, we continue 
to find that Habas made no shipments of subject merchandise during the 
POR.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period July 1, 2018, through June 
30, 2019:
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    \10\ 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 Results and accompanying Preliminary Decision Memorandum 
at 2.
    \11\ 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 Memorandum, ``Final Results of the 
Antidumping Administrative Review of Steel Concrete Reinforcing Bar 
from the Republic of Turkey; 2018-2019: Calculation of the Cash 
Deposit Rate for Non-Selected Companies,'' dated concurrently with 
these final results (Non-Selected Companies Memorandum).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S \10\........        5.30
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S...........       12.41
Review-Specific Average Rate Applicable to the Following
 Companies: \11\
    Colakoglu Dis Ticaret A.S...............................        7.05
    Colakoglu Metalurji A.S.................................        7.05
    Diler Dis Ticaret A.S...................................        7.05
    Kaptan Metal Dis Ticaret ve Nakliyat A.S................        7.05
------------------------------------------------------------------------

Rates for Non-Selected Companies

    For the rate for non-selected respondents in an administrative

[[Page 28575]]

review, 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. 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} .'' In this segment of the proceeding, 
we calculated margins for Kaptan Demir and Icdas that were not zero, de 
minimis, or based on facts available. Accordingly, Commerce calculated 
the cash deposit rate for the companies not selected for individual 
examination to be 7.05 percent 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\
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    \12\ See Non-Selected Companies Memorandum.
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. Commerce will instruct CBP to apply an ad valorem assessment 
rate of 12.41 percent to all entries of subject merchandise during the 
POR which were produced and/or exported by Kaptan Demir and an ad 
valorem assessment rate of 5.30 percent to all entries of subject 
merchandise during the POR which were produced and/or exported by 
Icdas. Commerce will also instruct CBP to apply an ad valorem 
assessment rate of 7.05 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by Colakoglu Dis 
Ticaret A.S., Colakoglu Metalurji A.S., Diler Dis Ticaret A.S., and 
Kaptan Metal Dis Ticaret ve Nakliyat A.S. In addition, we continue to 
find that Habas had no shipments during the POR. Accordingly, 
consistent with Commerce's practice, we intend to instruct CBP to 
liquidate any existing entries of merchandise produced by Habas, but 
exported by other parties, at the rate for the intermediate reseller, 
if available, or at the all others rate.\13\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \13\ 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 for estimated antidumping 
duties will be effective upon publication of the notice of these final 
results of review for all shipments of rebar from Turkey entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for Kaptan Demir will be 12.41 percent; (2) the cash 
deposit rate for Icdas will be 5.30 percent; (3) the cash deposit rate 
for Colakoglu Dis Ticaret A.S., Colakoglu Metalurji A.S., Diler Dis 
Ticaret A.S., and Kaptan Metal Dis Ticaret ve Nakliyat A.S. will be 
7.05 percent; (4) for merchandise exported by producers or exporters 
not covered in this 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 recent period; (5) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the most recent period for the producer of the 
merchandise; (6) the cash deposit rate for all other producers or 
exporters will continue to be 7.26 percent,\14\ the all-others rate 
established in the less-than-fair-value investigation. These cash 
deposit requirements shall remain in effect until further notice.
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    \14\ See Order, 82 FR at 32533.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
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 this 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 to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 or 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: May 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--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 Commerce Should Use Contract Date for Kaptan 
Demir's U.S. Date of Sale
    Comment 2: Whether Commerce Should Revise the Duty Drawback 
Adjustment Methodology
    Comment 3: Whether Commerce Should Grant Icdas a Duty Drawback 
Adjustment
    Comment 4: Whether There was High Inflation in Turkey During the 
Period of Review
    Comment 5: Whether to Treat Section 232 Tariffs as U.S. Customs 
Duties
    Comment 6: Whether Commerce Erred in Calculating Icdas' Margin 
in the Preliminary Results
    Comment 7: Whether Commerce Should Change the Treatment of Late 
Payments in Icdas' Home Market and Margin Programs
    Comment 8: Whether Commerce Should Activate a Macro Pertaining 
to Net Price for Kaptan Demir's Downstream Home Market Sales
VI. Recommendation

[FR Doc. 2021-11258 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P