[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34129-34131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11311]


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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; 2020

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

SUMMARY: The U.S. 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, 2020, through December 31, 
2020. Additionally, we are rescinding the review for 21 companies that 
had no shipments of subject merchandise to the United States during the 
POR.

DATES: Applicable May 26, 2023.

FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on December 1, 2022,\1\ 
and invited comments from interested parties. For a 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; 2020, 87 FR 73750 (December 1, 
2022) (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; 2020,'' 
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 rebar. A full description 
of the scope of the Order is contained in the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in case briefs are 
addressed in the Issues and Decision Memorandum

[[Page 34130]]

accompanying this notice. A list of issues raised by the interested 
parties, and to which Commerce responded in the Issues and Decision 
Memorandum, are provided in Appendix I to this notice. 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 the comments received from 
interested parties, we revised the calculation of the net 
countervailable subsidy rates for Colakoglu Dis Ticaret A.S. 
(Colakoglu) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan). 
For a discussion of the issues, see the Issues and Decision Memorandum.

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\ 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. Further, in response 
to the Preliminary Results, no party submitted information to 
contradict the information on the record. Therefore, in accordance with 
19 CFR 351.213(d)(3), we are rescinding the administrative review with 
respect to the companies listed in Appendix II.
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    \8\ See Appendix II and Preliminary Results PDM at 5.
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Rate for Non-Selected Companies Under Review

    There is one 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. We made no changes to the methodology for 
determining a rate for companies not selected for individual 
examination from the Preliminary Results. However, due to changes in 
calculations for Colakoglu and Kaptan, the non-selected rate changed. 
Thus, for Icdas, the non-selected company in this review, we are 
applying an ad valorem subsidy rate of 2.15 percent.

Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the POR 
January 1, 2020, through December 31, 2020:
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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; 2019, 87 FR 21640 
(April 12, 2022).

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret A.S.,                      2.15
 Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
 their cross-owned affiliates \9\..............
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji                   * 0.07
 A.S.\10\......................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi                         2.15
 A.S., and its cross-owned affiliates \11\.....
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* De minimis.

Disclosure

    We intend 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).

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).

[[Page 34131]]

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: May 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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 Use Kaptan's Land Benchmark, 
Not the Petitioner's Land Benchmark
    Comment 2: Whether Commerce Should Revise its Finding That 
General BITT Exemptions Are Not Countervailable
    Comment 3: Whether Commerce Should Include Geri Donusum's 
Benefits and Total POR Sales in the Benefit Calculation for BITT 
Exemptions
    Comment 4: Whether Commerce Should Rely on Respondents' Revised 
and Adjusted Sales Data
    Comment 5: 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
IX. Recommendation

Appendix II

List of Rescinded Companies

1. Acemar International Limited
2. A G Royce Metal Marketing
3. Agir Haddecilik A.S.
4. Ans Kargo Lojistik Tas ve Tic.
5. As Gaz Sinai ve Tibbi Gazlar A.S.
6. Asil Celik Sanayi ve Ticaret A.S.
7. Bastug Metalurji Sanayi AS.
8. Baykan Dis Ticaret
9. Demirsan Haddecilik Sanayi Ve Ticaret A.S.
10. Diler Dis Ticaret A.S.
11. Ege CelikEndustrisi Sanayi ve Ticaret A.S.
12. Izmir Demir Celik Sanayi A.S.
13. Kibar dis Ticaret A.S.
14. Kocaer Haddecilik Sanayi Ve Ticar A.S.
15. Meral Makina Iml Ith Ihr Gida.
16. Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve 
Ticaret Limited Sirketi.
17. MMZ Onur Boru Profil A.S.
18. Ozkan Demir Celik Sanayi A.S.
19. Sami Soybas Demir Sanayi ve Ticaret
20. Wilmar Europe Trading BV
21. Yucel

[FR Doc. 2023-11311 Filed 5-25-23; 8:45 am]
BILLING CODE 3510-DS-P