[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8797-8798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02853]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829, A-583-859, A-588-876, C-489-830]


 Steel Concrete Reinforcing Bar From the Republic of Turkey, 
Taiwan, and Japan: Continuation of Antidumping and Countervailing Duty 
Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S. 
International Trade Commission (ITC) have determined that revocation of 
the antidumping duty (AD) orders on steel concrete reinforcing bar 
(rebar) from the Republic of Turkey (Turkey), Taiwan, and Japan, and 
the countervailing duty (CVD) order on rebar from Turkey would likely 
lead to continuation or recurrence of dumping as well as net 
countervailable subsidies and materials injury to an industry in the 
United States. Therefore, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

DATES: Applicable February 10, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-0842.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2022, Commerce published the notice of initiation of the 
sunset reviews of the AD and CVD orders.\1\ Commerce received a notice 
of intent to participate from the Rebar Trade Action Coalition (RTAC) 
and its individual members, Nucor Corporation, Gerdau Ameristeel US 
Inc., Commercial Metals Company, Steel Dynamics, Inc., and Byer Steel 
(collectively, domestic interested party) within the deadline specified 
in 19 CFR 351.218(d)(1)(i).\2\
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123 
(June 1, 2022); see also 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); Steel Concrete Reinforcing Bar 
from the Republic of Turkey: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 82 
FR 32531 (July 14, 2017); Steel Concrete Reinforcing Bar from 
Taiwan: Antidumping Duty Order, 82 FR 45809 (October 2, 2017) 
(collectively, Orders).
    \2\ See RTAC's Letters, ``Notice of Intent to Participate--
Taiwan,'' ``Notice of Intent to Participate--Turkey,'' ``Notice of 
Intent to Participate--Japan,'' all dated June 15, 2022, and 
``Notice of Intent to Participate in CVD Sunset Review,'' dated June 
15, 2022.
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    On June 30, 2022, Commerce received a substantive response from the 
domestic interested party within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i).\3\ We also received a substantive response from 
the Government of Turkey (GOT).\4\ However, we did not receive a 
substantive response from any other respondent interested party in this 
proceeding, and no party requested a hearing.
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    \3\ See RTAC's Letters, ``Substantive Response to Notice of CVD 
Sunset Review Initiation,'' dated June 30, 2022 (RTAC's CVD 
Substantive Response); ``Substantive Response of Domestic Producers 
to Notice of Initiation,'' dated June 30, 2022 (Substantive Response 
Turkey); ``Substantive Response of Domestic Producers to Notice of 
Initiation,'' dated June 30, 2022 (Substantive Response Taiwan); and 
``Substantive Response of Domestic Producers to Notice of 
Initiation,'' dated June 30, 2022 (Substantive Response Japan).
    \4\ See GOT's Letter, ``Substantive Response of the Government 
of the Republic of T[uuml]rkiye in the First Sunset Review of the 
Countervailing Duly Order on Steel Concrete Reinforcing Bar,'' dated 
June 30, 2022 (GOT's Substantive Response).
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    On July 21, 2022, Commerce notified the ITC that it did not receive 
adequate substantive responses from respondent interested parties.\5\ 
As a result, pursuant to section 751(c)(3)(B) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the Orders.
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    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2022,'' dated July 21, 2022.
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    As a result of its reviews, Commerce determined that revocation of 
the Orders would likely lead to the continuation or recurrence of 
dumping and subsidization. Therefore, Commerce notified the ITC of the 
magnitude of the margins and subsidy rates likely to prevail should the 
Orders be revoked, pursuant to sections 751(c), and 752(b) and (c) of 
the Act.\6\ On January 30, 2023, the ITC published its determination, 
pursuant to sections 751(c) and 752(a) of the Act, that revocation of 
the Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\7\
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    \6\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey, Taiwan, and Japan; Final Results of First Expedited Sunset 
Reviews of the Antidumping Duty Orders, 87 FR 60120 (October 4, 
2022); and Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Results of the Expedited Five-Year Sunset Review of 
the Countervailing Duty Order, 87 FR 60376 (October 5, 2022).
    \7\ See Steel Concrete Reinforcing Bar from Japan, Taiwan, and 
Turkey Investigation Nos. 701-TA-564 and 731- TA-1338-1340 (Review), 
88 FR 5918 (January 30, 2023).
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Scope of the Orders

    The merchandise subject to these Orders is steel concrete 
reinforcing bar imported in either straight length or coil form (rebar) 
regardless of metallurgy, length, diameter, or grade or lack thereof. 
Subject merchandise includes deformed steel wire with bar markings 
(e.g., mill mark, size, or grade) and which has been subjected to an 
elongation test.
    The subject merchandise includes rebar that has been further 
processed in the subject countries or a third country, including but 
not limited to cutting, grinding, galvanizing, painting, coating, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the Orders if performed in the country of manufacture 
of the rebar.
    Specifically excluded are plain rounds (i.e., nondeformed or smooth 
rebar). Also excluded from the scope is deformed steel wire meeting 
ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or 
grade) and without being subject to an elongation test.
    At the time of the filing of the petition, there was an existing 
CVD order on steel reinforcing bar from the Republic of Turkey. See 
Steel Concrete Reinforcing Bar from the Republic of Turkey, 79 FR 65926 
(November 6, 2014) (2014 Turkey CVD Order). The scope of this CVD Order 
with regard to rebar from Turkey covers only rebar produced and/or 
exported by those companies that are excluded from the 2014 Turkey CVD 
Order. At the time of the issuance of the 2014 Turkey CVD Order, Habas 
was the only excluded Turkish rebar producer or exporter.
    The subject merchandise is classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) primarily under item numbers 
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise

[[Page 8798]]

may also enter under other HTSUS numbers including 7215.90.1000, 
7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 
7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 
7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 
7228.60.6000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the Orders is 
dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to sections 751(c)(1) and 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the AD orders on rebar from Turkey, Taiwan, and Japan, 
and the CVD order on rebar from Turkey. U.S. Customs and Border 
Protection will continue to collect AD and CVD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of continuation of these Orders will be the date 
of publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of the Orders not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: February 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02853 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P