[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53279-53280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20906]



[[Page 53279]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Results of Countervailing Duty Administrative Review and Rescission, in 
Part; 2018

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers/exporters of steel concrete reinforcing bar (rebar) from the 
Republic of Turkey (Turkey) received countervailable subsidies during 
the period of review (POR) January 1, 2018, through December 31, 2018. 
Additionally, we are rescinding the review for 21 companies with no 
shipments of subject merchandise to the United States during the POR.

DATES: Applicable September 27, 2021.

FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6187, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on March 
25, 2021,\1\ and invited comments from interested parties. On June 25, 
2021, Commerce extended the deadline to issue the final results of this 
review until September 21, 2021.\2\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Results of Countervailing Duty Administrative 
Review and Intent To Rescind in Part; 2018, 86 FR 15921 (March 25, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2018,'' dated June 25, 
2021.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018 Administrative Review of the 
Countervailing Duty Order of 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 \4\
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    \4\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
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    The merchandise covered by the Order is steel concrete reinforcing 
bar (rebar). For a complete description of the scope, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

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

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes for these final results of review.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\7\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\8\
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    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, except for the two mandatory 
respondents and two other companies (Colakoglu Dis Ticaret A.S. and 
Colakoglu Metalurji A.S.), the remaining 21 companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended.\9\ Because there is no 
evidence on the record of this segment of the proceeding to indicate 
that these companies had entries, exports, or sales of subject 
merchandise to the United States during the POR, we are rescinding the 
administrative review with respect to these companies consistent with 
19 CFR 351.213(d)(3).
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    \9\ The 21 companies are: (1) Acemar International Limited; (2) 
A G Royce Metal Marketing; (3) Agir Haddecilik A.S; (4) As Gaz Sinai 
ve Tibbi Gazlar A.S.; (5) Asil Celik Sanayi ve Ticaret A.S.; (6) 
Atakas Celik Sanayi ve Ticaret A.S.; (7) Bastug Metalurji Sanayi AS; 
(8) Demirsan Haddecilik Sanayi Ve Ticaret AS; (9) Diler Dis Ticaret 
AS; (10) Duferco Investment Services SA; (11) Duferco Celik Ticaret 
Limited; (12) Ege Celik Endustrisi Sanayi ve Ticaret A.S.; (13) 
Ekinciler Demir ve Celik Sanayi Anonim Sirketi; (14) Habas Sinai ve 
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas); (15) Izmir Demir 
Celik Sanayi A.S.; (16) Kibar Dis Ticaret A.S.; (17) Kocaer 
Haddecilik Sanayi ve Ticar; (18) Mettech Metalurji Madencilik 
Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi; (19) MMZ 
Onur Boru Profil A.S.; (20) Ozkan Demir Celik Sanayi A.S.; and (21) 
Wilmar Europe Trading B.V.
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Rate for Non-Selected Companies Under Review

    There are two companies for which a review was requested but which 
were not selected as mandatory respondents or found to be cross-owned 
with a mandatory respondent. Because the rate calculated for the 
mandatory respondent, Kaptan, was above de minimis and not based 
entirely on facts available, we applied the subsidy rate calculated for 
Kaptan to these two non-selected companies. This methodology for 
establishing the subsidy rate for the non-selected companies is 
consistent

[[Page 53280]]

with our practice and with section 705(c)(5)(A) of the Act.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2018, through December

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                                                          Subsidy rate
                       Company                            (percent ad
                                                            valorem)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and   0.32 (de minimis)
 its cross-owned affiliates \10\.....................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and                   1.82
 Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their
 cross-owned affiliates \11\.........................
Colakoglu Dis Ticaret A.S............................               1.82
Colakoglu Metalurji A.S..............................               1.82
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Disclosure 31, 2018:
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    \10\ Commerce finds the following companies to be cross-owned 
with Icdas: Mardas Marmara Deniz Isletmeciligi A.S.; Oraysan Insaat 
Sanayi ve Ticaret A.S.; Artim Demir Insaat Turizm Sanayi Ticaret 
Ltd. Sti.; Anka Entansif Hayvancilik Gida Tarim Sanayi ve Ticaret 
A.S.; Karsan Gemi Insaa Sanayi Ticaret A.S.; Artmak Denizcilik 
Ticaret Ve Sanayi A.S.; and Eras Tasimacilik Taahhut Ins.Tic.A.S.
    \11\ Commerce finds the following companies to be cross-owned 
with Kaptan: Martas Marmara Ereglisi Liman Tesisleri A.S.; Aset 
Madencilik A.S.; Kaptan Is Makinalari Hurda Alim Satim Ltd. Sti.; 
Efesan Demir San. Ve Tic. A.S.; and Nur Gemicilik ve Tic. A.S.
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    Commerce intends to disclose the calculations and analysis 
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 Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after 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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, we also intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above for the above-listed companies with 
regard to shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of review. For all non-reviewed firms, CBP will continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an 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). 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: September 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. Rescission of Administrative Review, In Part
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Countervail Import Duty 
Exemptions Under the Inward Processing Regime (IPR) Program
    Comment 2: Whether Commerce Should Countervail the Provision of 
Lignite for Less than Adequate Remuneration (LTAR)
    Comment 3: Whether Commerce Should Countervail the Provision of 
Natural Gas for LTAR
    Comment 4: Whether Commerce Should Revise the Sales Denominators 
That It Used in the Preliminary Results for Icdas and Kaptan
    Comment 5: Whether Commerce Should Revise its Finding that Nur 
Gemicilik ve Tic. A.S. (Nur) is a Cross-Owned Input Supplier
    Comment 6: Whether Commerce Should Revise Its Finding That Nur's 
Land Rent Exemption is Countervailable
    Comment 7: Whether Commerce Should Reduce Its Calculation of 
Benefits Attributed to Icdas for Renewable Energy Sources Support 
Mechanism (YEKDEM) Support by the Amount Reclaimed
    Comment 8: Whether Commerce Should Revise Its Benchmark Interest 
Rate Calculations to Include All Short-Term Commercial Loans in 
Effect During the POR
VIII. Recommendation
[FR Doc. 2021-20906 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-DS-P