[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50100-50102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers/exporters of steel concrete reinforcing bar 
(rebar) from the Republic of Turkey (Turkey) made sales of subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) July 1, 2021, through June 30, 2022. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable August 1, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue

[[Page 50101]]

NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-0029, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2017, Commerce published in the Federal Register an 
antidumping duty order on rebar from Turkey.\1\ On September 6, 2022, 
based on timely requests for review, Commerce initiated an 
administrative review of the Order covering seven companies, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\2\ On February 17, 2023, we extended the deadline for the 
preliminary results of this administrative review until July 28, 
2023.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
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    \1\ 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 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
17, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Steel 
Concrete Reinforcing Bar from the Republic of Turkey; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is rebar from Turkey. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a) of the Act. We calculated export price and constructed export 
price in accordance with section 772 of the Act. We calculated NV in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the period July 1, 2021, through June 30, 2022:
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    \5\ The exporters and/or producers not selected for individual 
review are listed in Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S..........        0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan Metal         29.30
 Dis Ticaret Ve Nakliyat A.S................................
Companies Not Selected for Individual Review \5\............       29.30
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Review-Specific Rate for Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not address the rate to be 
applied to companies not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair value (LTFV) investigation, for 
guidance when 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.
    For these preliminary results, because the rate calculated for 
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S. (collectively, 
Colakoglu) is zero, we have preliminarily assigned a dumping margin to 
these companies based on the rate calculated for Kaptan Demir Celik 
Endustrisi Ve Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S. 
(collectively, Kaptan).

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
the date of publication of this notice in the Federal Register.\6\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\ Case and rebuttal briefs should be filed using 
ACCESS.\9\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\10\
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    \6\ See 19 CFR 351.224(b).
    \7\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See, generally, 19 CFR 351.303.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020) (Temporary Rule).
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\11\ 
Hearing requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants: and (3) a list of the 
issues to be discussed. Oral presentations at the hearing will be 
limited to issues raised in the briefs.\12\ If a request for a hearing 
is made, parties will be notified of the time and date for the 
hearing.\13\
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310.
    \13\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Assessment Rates

    Upon completion of this administrative review, Commerce shall

[[Page 50102]]

determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1), 
because both respondents reported the entered value for their U.S. 
sales, we calculated importer-specific ad valorem antidumping duty 
assessment rates based on the ratio of the total amount of antidumping 
duties calculated for the examined sales to the total entered value of 
those same sales. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c), or an importer-specific rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Colakoglu or Kaptan 
for which these companies did not know that the merchandise they sold 
to an intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. We will instruct CBP to liquidate those 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\14\
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    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the review-specific rate, 
calculated as noted in the ``Review-Specific Rate for Companies Not 
Selected for Individual Review'' section, above. The final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by this review and for future 
deposits of estimated duties, where applicable.\15\
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    \15\ See section 751(a)(2)(C) of the Act.
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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 cash 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 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not covered by 
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 participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the LTFV 
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 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 LTFV 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Order, 87 FR at 935.
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Notification to Importers

    This notice also serves as a 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 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

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II--List of Companies Not Selected for Individual Examination

1. Diler Dis Ticaret A.S.
2. Ekinciler Demir ve Celik Sanayi A.S.
3. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
4. Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
5. Sami Soybas Demir Sanayi ve Ticaret A.S.

[FR Doc. 2023-16304 Filed 7-31-23; 8:45 am]
BILLING CODE 3510-DS-P