[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85234-85236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26881]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Rescission of Administrative Review, in Part; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey) during the period of review (POR) 
January 1, 2021, through December 31, 2021. In addition, we are 
rescinding the review with respect to 15 companies and announcing our 
preliminary intent to rescind this review with respect to four 
companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Stefan Smith, 
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) 482-1395 or (202) 
482-3464, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 6, 2014, Commerce published in the Federal Register the 
countervailing duty order on rebar from Turkey.\1\ On November 1, 2022, 
Commerce published the notice of opportunity to request an 
administrative review of the Order.\2\ On January 3, 2023, based on 
timely requests for an administrative review, Commerce published the 
notice of initiation of an administrative review of the Order.\3\ On 
March 28, 2023, Commerce selected Colakoglu Metalurji A.S. (Colakoglu) 
and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan) as the 
mandatory respondents in this review.\4\ On July 17, 2023, Commerce 
extended the deadline for the preliminary results of this 
administrative review until November 30, 2023.\5\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 65750 (November 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50, (January 3, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 15642, (March 14, 2023).
    \4\ See Memorandum, ``Respondent Selection Memorandum,'' dated 
March 28, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated July 
17, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\6\ A list of topics discussed in the Preliminary Decision 
Memorandum is included in the appendix to this notice. The Preliminary 
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 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.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the 2021 Countervailing Duty Administrative Review 
and Rescission of Review in Part: Steel Concrete Reinforcing Bar 
from the Republic of Turkey,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

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

Methodology

    Commerce is conducting this countervailing duty administrative 
review in accordance with section 751(a)(1) of the Tariff Act of 1930, 
as amended (the Act). For each subsidy program found countervailable, 
Commerce preliminarily determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\7\ For a full 
description of the methodology underlying our conclusions, including 
our reliance, in part, on facts otherwise available pursuant to 
sections 776(a) and (b) of the Act, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

Rescission of Administrative Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. On April 3, 2022, the Rebar 
Trade Coalition (the petitioner) timely withdrew its requests for an 
administrative review of Icdas and its cross-owned affiliates (i.e., 
Mardas Marmara Deniz Isletmeciligi A.S.; Artmak Denizcilik Ticaret ve 
Sanayi 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.; Eras Tasimacilik Taahhut Insaat ve Ticaret 
A.S.; and Karsan Gemi Insaa Sanayi Ticaret A.S.).\8\ Because the 
withdrawal request from the petitioner was timely filed, and no other 
party requested a review of these companies, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the Order with 
respect to the Icdas and its cross-owned affiliates
---------------------------------------------------------------------------

    \8\ See Petitioner's, ``Partial Withdrawal of Request for 
Administrative Review,'' dated April 1, 2023
---------------------------------------------------------------------------

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data, we determine that the following companies had no entries of 
subject merchandise during the POR: Ans Kargo Lojistik Tas

[[Page 85235]]

ve Tic; Baykan Dis Ticaret; Kibar dis Ticaret A.S.; Meral Makina Iml 
Ith Ihr Gida; Sami Soybas Demir Sanayi ve Ticaret; and Yucel Boru 
Ihracat Ithalat ve Pazarlama. On April 17, 2023, we notified parties of 
our intent to rescind the administrative review with respect to the 
four companies because there are no reviewable suspended entries.\9\ No 
parties commented on the notification of intent to rescind the review, 
in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the 
administrative review of these companies. For additional information 
regarding this determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated April 17, 2023.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminary find that the net countervailable subsidy rates 
exist for the period January 1, 2021, through December 31, 2021:

------------------------------------------------------------------------
                                                         Subsidy rate
                       Company                            (percent ad
                                                           valorem)
------------------------------------------------------------------------
Kaptan Demir Celik Endustrisi ve Ticaret A.S.,                      5.54
 Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
 their cross-owned affiliates \10\..................
Colakoglu Metalurji A.S.............................   0.03 (de minimis)
------------------------------------------------------------------------

Cash Deposit Requirements
---------------------------------------------------------------------------

    \10\ Commerce preliminarily 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.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amounts calculated in the final results of this review for the 
respective companies listed above with regard to shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review. If 
the rate calculated in the final results is zero or de minimis, no cash 
deposit will be required on shipments of the subject merchandise 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this 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.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(4)(i), we preliminarily determined subsidy rates in the 
amounts shown above for the producer/exporters shown above. Upon 
issuance of the final results of the administrative review, consistent 
with section 751(a)(1) 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.
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i). For the companies remaining in the review, we intend 
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).

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\11\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs to Commerce no later than 30 
days after the date of publication of these preliminary results of 
review. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\12\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \13\ See 19 351.309(c)(2) and (d)(2)
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\15\
---------------------------------------------------------------------------

    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Final Service Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system,

[[Page 85236]]

ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.
    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results of review are issued and published 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: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2023-26881 Filed 12-6-23; 8:45 am]
 BILLING CODE 3510-DS-P