[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7941-7943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02592]


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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; 2020-2021

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

SUMMARY: The U.S. 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 (NV) during the period of 
review (POR) July 1, 2020, through June 30, 2021. Additionally, we find 
that one company made no shipments of subject merchandise to the United 
States during the POR.

DATES: Applicable February 7, 2023.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2022, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover six 
companies for which an administrative review was initiated.\2\ We 
selected two companies for individual examination: (1) Colakoglu 
Metalurji A.S. (Colakoglu Metal)/Colakoglu Dis Ticaret A.S. (COTAS) 
(collectively, Colakoglu); \3\ and (2) Kaptan Demir Celik Endustrisi ve 
Ticaret A.S. (Kaptan Demir)/Kaptan Metal Dis Ticaret Ve Nakliyat A.S. 
(Kaptan Metal) (collectively, Kaptan).\4\ For a complete description of 
the events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\5\ 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; 2020-2021, 87 
FR 47975, (August 5, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \3\ We collapsed Colakoglu and COTAS in the 2019-2020 
administrative review. See Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2019-2020, 87 FR 
7118, 7119 (February 8, 2022) (Rebar from Turkey 2019-2020). Because 
there is no information on the record of this administrative review 
that would lead us to revisit this determination, we are continuing 
to treat these companies as a single entity for the purposes of this 
administrative review.
    \4\ We collapsed Kaptan Demir and Kaptan Metal in the 2019-2020 
administrative review. See Rebar from Turkey 2019-2020, 87 FR at 
7119. Because there is no information on the record of this 
administrative review that would lead us to revisit this 
determination, we are continuing to treat these companies as a 
single entity for the purposes of this administrative review.
    \5\ 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, 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order \6\
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    \6\ 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 by 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.\7\
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    \7\ 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 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 certain changes to the 
preliminary weighted-average dumping margin calculations for Colakoglu 
and Kaptan, as detailed in the Issues and Decision Memorandum.\8\
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    \8\ Id. at 4.
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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 party 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. As noted in the ``Assessment Rates'' section below, 
Commerce intends to issue appropriate instructions to U.S. Customs and 
Border Protection (CBP) for Habas based on the final results of the 
review.

[[Page 7942]]

Rate for Non-Selected Respondents

    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, for guidance for calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. 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 review, we calculated a weighted-average dumping margin of 
1.13 percent for Colakolgu and a weighted-average dumping margin of 
5.51 percent for Kaptan. With two respondents under individual 
examination, Commerce normally calculates: (A) a weighted-average of 
the estimated dumping rates calculated for the examined respondents; 
(B) a simple average of the estimated dumping rates calculated for the 
examined respondents; and (C) a weighted-average of the estimated 
dumping rates calculated for the examined respondents using each 
company's publicly-ranged U.S. sale values for the merchandise under 
consideration. Commerce then compares (B) and (C) to (A) and selects 
the rate closest to (A) as the most appropriate rate for all other 
producers and exporters.\9\
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    \9\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661, 53663 (September 1, 2010).
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    Consistent with our practice, we have determined that 3.76 percent, 
which is the weighted-average of Colakoglu and Kaptan's margins based 
on publicly ranged data, will be assigned to the non-examined companies 
under section 735(c)(5)(A) of the Act.\10\ These companies are Diler 
Dis Ticaret A.S., Icdas Celik Enerji Tersane ve Ulasim, and Sami Soybas 
Demir Sanayi ve Tiscaret A.S.
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    \10\ For a complete analysis of the data, see Memorandum, 
``Calculation of the Cash Deposit Rate for Non-Selected Companies,'' 
dated concurrently with this notice (Non-Selected Companies 
Memorandum).
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Final Results of Review

    We determine that following weighted-average dumping margins exist 
for the period July 1, 2020, through June 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A. S./Colakoglu Dis Ticaret A.S. (COTAS).       1.13
Kaptan Demir Celik Endustrisi ve Ticaret A.S./Kaptan Metal          5.51
 Dis Ticaret Ve Nakliyat A.S.................................
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \11\
------------------------------------------------------------------------
Diler Dis Ticaret A.S........................................       3.76
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S..............       3.76
Sami Soybas Demir Sanayi ve Tiscaret A.S.....................       3.76
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Disclosure 
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    \11\ 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; see also Non-Selected Companies Memorandum.
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    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, 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

    Commerce shall determine and CBP shall assess antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. For Colakoglu and Kaptan, we calculated 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for each importer's examined sales 
and the total entered value of those sales in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific assessment rate is de minimis 
(i.e., less than 0.5 percent), the entries by that importer will be 
liquidated without regard to antidumping duties. For entries of subject 
merchandise during the POR produced by Colakoglu or Kaptan for which 
the producer did not know its 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.\12\ For the companies identified above 
that were not selected for individual examination, we will instruct CBP 
to liquidate entries at the rates established in these final results of 
review.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment of Antidumping Duties).
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    As indicated above, for Habas, which we determined had ``no 
shipments'' of the subject merchandise during the POR, we will instruct 
CBP to liquidate all POR entries associated with this company at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction, consistent with Commerce's reseller 
policy.\13\
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    \13\ For a full discussion of this practice, see Assessment of 
Antidumping Duties.
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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 for estimated antidumping duties 
will be effective upon publication of this notice 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; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed segment of the proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published in the completed segment for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the producer is, then the cash deposit 
rate will be the rate established in the completed segment for the most 
recent period for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
3.90 percent, the all-others rate established in the investigation.\14\
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    \14\ See Order, 87 FR at 935.
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    These cash deposit instructions, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a

[[Page 7943]]

certificate regarding the reimbursement of antidumping duties prior to 
liquidation of the relevant entries during this POR. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the destruction or 
return 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: February 1, 2023.
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. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether Commerce Should Use Invoice Date as the U.S. 
Date of Sale
    Comment 2: Whether Section 232 Duties Should be Deducted from 
Export Price
    Comment 3: Whether Colakoglu's Section 232 Payments Should Be 
Set to 25 Percent of Gross Unit Price
    Comment 4: Whether Commerce Should Revise Kaptan's U.S. Duty 
Drawback Adjustment
    Comment 5: Whether Commerce Should Revise Colakoglu's U.S. Duty 
Drawback Adjustment
    Comment 6: Whether Commerce Should Include in Its Calculations 
Certain Sales Made by Kaptan
    Comment 7: Whether Commerce Should Continue to Rely on the Cost 
Methodologies Applied in the Preliminary Results
    Comment 8: Whether Commerce Should Revise Its Percent Change 
Comparison Calculation for Colakoglu
    Comment 9: Whether Commerce Should Correct Its Exempted Duty 
Drawback Cost Calculation for Colakoglu
    Comment 10: Whether Commerce Should Correct Its Exempted Duty 
Drawback Cost Calculation for Kaptan
    Comment 11: Whether Commerce Should Permit an Offset to 
Colakoglu's General and Administrative (G&A) Expenses
    Comment 12: Whether Commerce Should Revise Kaptan's Reported G&A 
Ratio
VII. Recommendation

[FR Doc. 2023-02592 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P