[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 934-935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00107]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Notice of Court Decision Not in Harmony With the Amended Final 
Determination in the Less-Than-Fair-Value Investigation; Notice of 
Amended Final Determination

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

SUMMARY: On September 4, 2020, the U.S. Court of International Trade 
(CIT) sustained the Department of Commerce's (Commerce) third remand 
redetermination pertaining to the less-than-fair-value (LTFV) 
investigation of steel concrete reinforcing bar (rebar) from the 
Republic of Turkey (Turkey). Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's Amended Final 
Determination in the LTFV investigation of rebar from Turkey. Pursuant 
to the CIT's final judgment, Commerce is amending the estimated 
weighted-average dumping margins for respondents Habas Sinai ve Tibbi 
Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji Tersane 
ve Ulasim Sanayi A.S. (Icdas), and all other producers and exporters of 
subject merchandise.

DATES: Applicable September 14, 2020.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, 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) 482-2371.

SUPPLEMENTARY INFORMATION:

Background

    On May 22, 2017, Commerce published its Final Determination in the 
LTFV investigation of rebar from Turkey.\1\ Subsequently, on July 14, 
2017, Commerce published its Amended Final Determination and 
Order.2 As reflected in Commerce's Amended Final 
Determination, Commerce calculated estimated weighted-average dumping 
margins of 5.39 percent for Habas, 9.06 percent for Icdas, and 7.43 
percent for all other producers and exporters of subject 
merchandise.\3\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Determination of Sales at Less Than Fair Value, 82 FR 
23192 (May 22, 2017) (Final Determination), and accompanying Issues 
and Decision Memorandum.
    \2\ 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) (Amended Final Determination and 
Order).
    \3\ Id., 82 FR at 32533.
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    Habas and Icdas appealed Commerce's Final Determination, as amended 
by the Amended Final Determination, to the CIT. On January 23, 2019, 
the CIT remanded the Amended Final Determination for Commerce to: (1) 
Reconsider its calculation of the plaintiffs' duty drawback adjustment; 
and (2) reconsider the application of partial adverse facts available 
(AFA) to Icdas.\4\ On May 17, 2019, Commerce issued its first results 
of redetermination, in which it determined to: (1) Grant Habas and 
Icdas the full amount of duties that were drawn back or forgiven to 
U.S. price, and add the same per unit duty amount to normal value (NV) 
as a circumstance-of-sale (COS) adjustment; and (2) continue to find 
that the application of partial AFA to Icdas, concerning its failure to 
provide the manufacturer information for certain sales in the home 
market, was appropriate.\5\ As a result of the changes in the First

[[Page 935]]

Redetermination, Commerce calculated estimated weighted-average dumping 
margins of 4.98 percent for Habas, 8.66 percent for Icdas, and 7.03 
percent for all other producers and exporters of subject 
merchandise.\6\
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    \4\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S., 
and Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S. v. United 
States, 361 F. Supp. 3d 1314 (CIT 2019).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Habas Sinai ve Tibbi Gazlar Istihsal Industrisi, A.S., et 
al., v. United States, Consol. Ct. No. 17-00204, Slip Op. 19-10, 
dated May 17, 2019 (First Redetermination), available at https://enforcement.trade.gov/remands/19-10.pdf.
    \6\ See First Redetermination at 21.
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    On October 17, 2019, in its Second Remand Order, the CIT sustained 
Commerce's duty drawback adjustment as applied to export price, but 
remanded Commerce to recalculate NV without making a COS adjustment in 
the same amount. The CIT also sustained Commerce's use of partial AFA 
with respect to Icdas.\7\
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    \7\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S. v. 
United States, 415 F. Supp. 3d 1195 (CIT 2019) (Second Remand 
Order).
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    On January 15, 2020, Commerce issued its second results of 
redetermination, in which it recalculated each respondent's NV without 
making the COS adjustment related to duty drawback.\8\ In addition, 
Commerce made an adjustment to cost in the amount of the duty forgiven 
divided by the production data to arrive at the annual average per-unit 
import duty burden, which was added to the cost of production. Commerce 
continued to adjust the full amount of duties drawn back to U.S. price 
as in the First Redetermination. As a result of the changes to our duty 
drawback methodology in the Second Redetermination, Commerce calculated 
estimated weighted-average dumping margins of 4.08 percent for Habas, 
4.17 percent Icdas, and 4.13 percent for all other producers and 
exporters of subject merchandise.\9\
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    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. 
United Stated, Consol. Ct. No. 17-00204, Slip Op. 19-130, dated 
January 15, 2020 (Second Redetermination), available at https://enforcement.trade.gov/remands/19-130.pdf.
    \9\ Id. at 4.
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    On April 17, 2020, in its Third Remand Order, the CIT granted 
Commerce's request for voluntary remand and ordered Commerce to include 
Inward Processing Certificate (IPC) #36 in its duty drawback 
calculation for Habas.\10\ On July 1, 2020, in the third results of 
redetermination, Commerce revised Habas' duty drawback calculation to 
include IPC #36, which had mistakenly been omitted previously.\11\ As a 
result of this revision to Habas' duty drawback calculation in the 
Third Redetermination, Commerce calculated an estimated weighted-
average dumping margin of 3.96 percent for Habas, and 4.07 percent for 
all other producers and exporters of subject merchandise. Icdas' 
weighted-average dumping margin remained at 4.17 percent calculated in 
the Second Redetermination.\12\ On September 4, 2020, the court 
sustained Commerce's Third Redetermination.\13\
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    \10\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S. 
v. United States, 439 F. Supp. 3d 1342 (CIT 2020) (Third Remand 
Order).
    \11\ See Final Results of Redetermination Pursuant to Court 
Remand, Habas Sinai ve Tibbi Gazler Istihsal Endustrisi A.S. v. 
United Stated, Consol. Ct. No. 17-00204, Slip Op. 20-51, dated July 
1, 2020 (Third Redetermination), available at https://enforcement.trade.gov/remands/20-51.pdf.
    \12\ Id. at 5.
    \13\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S. 
v. United States, 470 F.Supp. 3d 1363 (CIT September 4, 2020).
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Timken Notice

    In its decision in Timken,14 as clarified by Diamond 
Sawblades,\15\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's September 4, 
2020 judgment constitutes a final decision of the Court that is not in 
harmony with Commerce's Amended Final Determination.\16\ Thus, this 
notice is published in fulfillment of the publication requirements of 
Timken and section 516A of the Act.
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    \14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \15\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \16\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S. 
v. United States, 470 F.Supp. 3d 1363 (CIT September 4, 2020).
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Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Amended Final Determination. The revised estimated weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                     Weighted-average     Cash deposit
       Exporter or producer           dumping margin     (adjusted for
                                        (percent)       subsidy offsets)
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Habas Sinai ve Tibbi Gazlar                      3.96               3.92
 Istihsal Endustrisi A.S..........
Icdas Celik Enerji Tersane ve                    4.17               4.00
 Ulasim Sanayi A.S................
All Others........................               4.07               3.90
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Cash Deposit Requirements

    Because there have been subsequent administrative reviews for Habas 
and Icdas, the cash deposit rate will remain the rates established in 
the most recently completed administrative reviews for these companies. 
The cash deposit rate for all other producers and exporters is revised 
from 7.26 percent in the Amended Final Determination and Order to 3.90 
percent, as a result of the final court decision.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), 735(d), 736(a), 751(a) and 777(i) of the Act.

    Dated: December 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.
[FR Doc. 2022-00107 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P