[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7118-7120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02638]


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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; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) 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, 2019, through June 30, 2020.

DATES: Applicable February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Robert Copyak or Jose Rivera, 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) 482-0842, 
respectively.

[[Page 7119]]


SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2021, we published the preliminary results of this 
administrative review and invited interest parties to comment.\1\ These 
final results cover eight companies for which an administrative review 
was initiated and not rescinded.\2\ For a complete description of the 
events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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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; 2019-2020, 86 
FR 43181 (August 6, 2021) (Preliminary Results).
    \2\ On September 3, 2020, Commerce published a notice of 
initiation listing nine companies. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 85 FR 54983 (September 
3, 2020) (Initiation Notice). Kaptan Demir is being collapsed with 
Kaptan Metal Dis Ticaret Ve Nakliyat A.S (collectively, Kaptan) and 
Colakoglu Dis Ticaret A.S. is being collapsed with Colakoglu Metal 
(collectively, Colakoglu) such that they are treated as single 
entities. Habas Sinai ve Tibbi Gazlar Istihsal End[uuml]strisi A.S. 
had no shipments during the POR, as discussed below in the ``Final 
Determination of No Shipments'' section.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Steel Concrete Reinforcing Bar from Turkey, 2019-2020,'' 
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 and Japan: Amended Final Affirmative Antidumping Duty 
Determination for the Republic of Turkey and Antidumping Duty 
Orders, 82 FR 32532 (July 14, 2017), as amended, 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, 87 FR 934 (January 22, 2022) (Order).
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    The product covered by the Order is steel concrete reinforcing bar 
from Turkey. For a full description of the scope, see the Issues and 
Decision Memorandum.\5\
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    \5\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. A list of these issues discussed in 
the Issues and Decision Memorandum is attached in an appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
available electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Services 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we made changes to Kaptan Demir's 
margin calculations. We did not make changes to Colakoglu's margin.

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 the review, we 
continue to find that Habas made no shipments of subject merchandise 
during the POR.

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2019, through June 30, 2020:
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    \6\ As noted above, for the purposes of these final results, we 
are collapsing Colakoglu Metalurji A. S. with Colakoglu Dis Ticaret 
A.S. and Kaptan Demir with Kaptan Metal Dis Ticaret Ve Nakliyat A.S. 
and treating them as single entities; see Issues and Decision 
Memorandum.
    \7\ 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.

------------------------------------------------------------------------
                                                       Weighted-average
               Producers/exporters \6\                  dumping margin
                                                           (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S..                0.00
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S./                 1.02
 Kaptan Metal Dis Ticaret Ve Nakliyat A.S...........
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     Review-Specific Rate Applicable to the Following Companies: \7\
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.....                1.02
Kroman Celik Sanayi A.S.............................                1.02
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama                        1.02
 A.[Scedil].........................................
Diler Dis Ticaret A.S...............................                1.02
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Rates for Non-Selected Companies

    For the rate for non-selected respondents in an administrative 
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 a margin for Kaptan Demir that was not zero, de minimis, 
or based on facts available, whereas, for Colakoglu, we calculated a 
margin that was zero. Accordingly, Commerce is assigning Colakoglu's 
rate of 1.02 percent to companies not selected for individual 
examination.

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results 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)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this

[[Page 7120]]

review.\8\ In accordance with 19 CFR 351.212(b)(1), Commerce calculated 
an importer-specific ad valorem antidumping assessment rate for Kaptan 
Demir that is not zero or de minimis, and will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review.
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    \8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
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    Commerce will also instruct CBP to apply an ad valorem assessment 
rate of 1.02 percent to all entries of subject merchandise during the 
POR which were produced and/or exported by Icdas Celik Enerji Tersane 
ve Ulasim Sanayi A.S., Kroman Celik Sanayi A.S., Y[uuml]cel Boru 
Ithalat-Ihracat ve Pazarlama A.[Scedil]., and Diler Dis Ticaret 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.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Kaptan Demir for which 
it did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\10\
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    \10\ Id.
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    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).

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 3.90 percent, the all-others rate 
established in the investigation.\11\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \11\ See Order, 87 FR 935.
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Notification to Importers

    This notice serves as 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 review period. Failure to comply 
with this requirement could result in the presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) 
and 351.221(b)(5).

    Dated: February 2, 2022.
Lisa W. Wang,
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. Companies not Selected for Individual Examination
V. Final Determination of no Shipments
VI. Affiliation and Single Entities
VII. Changes Since the Preliminary Results
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Accept Colakoglu's 
Verification Exhibits
    Comment 2: Whether Commerce Should Deny Colakoglu's Duty 
Drawback Adjustment
    Comment 3: Whether Commerce Should Grant the Turkish Respondents 
a Full Duty Drawback Adjustment
    Comment 4: Whether Commerce Should Use Contract Date for Kaptan 
Demir's U.S. Date of Sale
    Comment 5: Whether Section 232 Duties Should be Deducted from 
Export Price
    Comment 6: Whether Commerce Should Reclassify Kaptan Demir's 
Claimed Levels of Trade
    Comment 7: Whether Commerce Should Adjust the Value of Kaptan 
Demir's Scrap and Defective Merchandise
    Comment 8: Whether Commerce Should Adjust Kaptan Demir's TOTCOM 
for Idle Asset Expenses
    Comment 9: Whether Commerce Should Treat INTNFR2U as a Movement 
Expense or Commission Expense
    Comment 10: Whether Commerce Should Permit an Offset for Kaptan 
Demir's Short Term Deposit Income
IX. Recommendation

[FR Doc. 2022-02638 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P