[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Pages 21640-21641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07720]


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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; 2019

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, 2019, through December 31, 2019. 
Additionally, we are rescinding the review for 21 companies with no 
shipments of subject merchandise to the United States during the POR.

DATES: Applicable April 12, 2022.

FOR FURTHER INFORMATION CONTACT: Brontee Jefferies or 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) 482-4656 
or (202) 482-6187, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on December 6, 2021,\1\ 
and invited comments from interested parties. For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\2\
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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; 2019, 86 FR 69009 (December 6, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2019,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 3
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    \3\ 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and as explained 
in the Issues and Decision Memorandum, we made no changes for the 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.\4\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \4\ 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.\5\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\6\ 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 countervailing duty assessment rate calculated for the review 
period.\7\
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    \5\ 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).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data, except for the two mandatory 
respondents and the non-selected company, the remaining 21 companies 
subject to this review did not have reviewable entries of subject 
merchandise during the POR for which liquidation is suspended.\8\ 
Because

[[Page 21641]]

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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    \8\ 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; 
and Wilmar Europe Trading BV.
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Rate for Non-Selected Companies Under Review

    There is one remaining company, Icdas Celik Enerji Tersane ve 
Ulasim Sanayi A.S. (Icdas), for which a review was requested but which 
was not selected as a mandatory respondent or found to be cross-owned 
with a mandatory respondent. Because the subsidy rate calculated for 
mandatory respondent Kaptan was above de minimis and not based entirely 
on facts available, we are applying that rate to Icdas. 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.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2019, through December 31, 2019:

------------------------------------------------------------------------
                                                           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 \9\...................................
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji A.S.              * 0.07
 \10\...................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and               1.75
 its cross-owned affiliates \11\........................
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* De minimis.

Disclosure

    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).
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    \9\ 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.
    \10\ Commerce finds Colakoglu Dis Ticaret A.S. and Colakoglu 
Metalurji A.S to be cross-owned companies.
    \11\ 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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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: April 5, 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. Rescission of Administrative Review, in Part
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Revise its Finding that Nur 
is a Cross-Owned Input Supplier
    Comment 2: Whether Commerce Should Revise Its Analysis of Nur's 
Land Rent Exemption
    Comment 3: Whether Commerce Should Revise its Finding That 
Exemptions from Bank and Insurance Transactions Tax on Foreign 
Exchange Transactions are Specific
    Comment 4: Whether Commerce Should Tie Benefits Received Under 
the Assistance to Offset Costs Related to Antidumping Duty (AD)/CVD 
Investigations Program to Export Sales of Subject Merchandise to the 
United States
IX. Recommendation

[FR Doc. 2022-07720 Filed 4-11-22; 8:45 am]
BILLING CODE 3510-DS-P