[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69009-69011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind in Part; 2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily 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, 2019, through 
December 31, 2019. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable January 20, 2022.

FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski or Brontee Jeffries, 
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 or (202) 
482-4656, respectively.

Background

    On January 6, 2021, Commerce published a notice of initiation of an 
administrative review for the countervailing duty order on rebar from 
Turkey.\1\ On July 6, 2021, Commerce exercised its discretion to extend 
the preliminary results of this administrative review by 120 days, 
until November 30, 2021.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 511, 516 (January 6, 2021).
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results of 
2019 Countervailing Duty Administrative Review,'' dated July 6, 
2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review of and the 
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing 
Bar from the Republic of Turkey; 2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary 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 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found countervailable, we preliminarily 
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 full description of the methodology 
underlying our conclusions, see the Preliminary 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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Intent To Rescind 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

[[Page 69010]]

review period.\8\ According to the CBP import data, except for the two 
mandatory respondents Colakoglu Metalurji A.S. and Kaptan Demir Celik 
Endustrisi ve Ticaret A.S. (Kaptan), and the non-selected company, 
Icdas Celik Enerji Tersane ve Ulasim Sanayi 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. 
Accordingly, in the absence of reviewable, suspended entries of subject 
merchandise during the POR, we intend to rescind this administrative 
review with respect to these 21 other companies, in accordance with 19 
CFR 351.213(d)(3).\9\
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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); and 
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).
    \9\ The 21 companies are: A G Royce Metal Marketing; Acemar 
International Limited; Agir Haddecilik A.S.; Ans Kargo Lojistik Tas 
ve Tic; As Gaz Sinai ve Tibbi Gazlar A.S.; Asil Celik Sanayi ve 
Ticaret A.S.; Bastug Metalurji Sanayi AS; Baykan Dis Ticaret; 
Demirsan Haddecilik Sanayi Ve Ticaret AS; Diler Dis Ticaret AS; 
Duferco Celik Ticaret Limited; Duferco Investment Services SA; Ege 
Celik Endustrisi Sanayi ve Ticaret A.S.; Izmir Demir Celik Sanayi 
A.S.; Kocaer Haddecilik Sanayi Ve Ticar A.S.; Meral Makina Iml Ith 
Ihr Gida; Mettech Metalurji Madencilik Muhendislik Uretim 
Danismanlik ve Ticaret Limited Sirketi; MMZ Onur Boru Profil A.S.; 
Ozkan Demir Celik Sanayi A.S.; Sami Soybas Demir Sanayi ve Ticaret; 
Wilmar Europe Trading BV.
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Preliminary Rate for Non-Selected Companies Under Review

    There is one company for which a review was requested i.e., Icdas 
Celik Enerji Tersane ve Ulasim Sanayi A.S., and its cross-owned 
affiliates, which was not selected as a mandatory respondent or found 
to be cross-owned with a mandatory respondent, and which also had 
entries of subject merchandise during the POR. 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 the non-selected company. This methodology for 
establishing the subsidy rate for the non-selected companies is 
consistent with our practice and with section 705(c)(5)(A) of the Act.

Preliminary Results of the Review

    We preliminarily find that the net countervailable subsidy rates 
for the period January 1, 2019, through December 31, 2019, are as 
follows:

------------------------------------------------------------------------
                                                          Subsidy rate
                        Company                            (percent ad
                                                            valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret A.S., Kaptan               1.75
 Metal Dis Ticaret ve Nakliyat A.S., and their cross-
 owned affiliates \10\................................
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji                   * 0.07
 A.S.\11\.............................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and               1.75
 its cross-owned affiliates \12\......................
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* (De minimis.)

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review. If the rate calculated for any respondent, in the final results 
is zero or de minimis, we will instruct CBP to liquidate all 
appropriate entries of subject merchandise without regard to 
countervailing duties. 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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    \10\ Commerce preliminarily 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.
    \11\ Commerce preliminarily finds Colakoglu Dis Ticaret A.S. and 
Colakoglu Metalurji A.S. to be cross-owned companies. See 
Preliminary Decision Memorandum at 7.
    \12\ In the last review Commerce found 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. See Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Final Results of Countervailing Duty 
Administrative Review and Rescission, in Part; 2018, 86 FR 53279 
(September 27, 2021).
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Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the respective companies listed 
above, except, where the rate calculated in the final results is zero 
or de minimis, no cash deposit will be required on shipments of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this 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.

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\13\ Interested parties may 
submit written arguments (case briefs) on the preliminary results 
within 30 days of publication of the preliminary results, and rebuttal 
comments (rebuttal briefs) within seven days after the time limit for 
filing case briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal 
briefs must be limited to issues raised in the case briefs.\15\ Parties 
who submit arguments are requested to submit with the argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities. All briefs must be filed electronically using 
ACCESS.
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs. See also 19 CFR 351.303 (for general filing 
requirements); Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days after the date of 
publication of this notice by submitting a written request to the 
Assistant Secretary for Enforcement and Compliance, using Enforcement 
and

[[Page 69011]]

Compliance's ACCESS system. Hearing requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date. 
Parties are reminded that all briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, including the results of 
our analysis of the issues raised by the parties in their comments, no 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

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

    Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Rescind the Administrative Review, in Part
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2021-26402 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DS-P