[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35071-35073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09371]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye: 
Final Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and exporters of steel concrete reinforcing bar 
(rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) received 
countervailable subsidies during the period of review (POR) January 1, 
2021, through December 31, 2021.

DATES: Applicable May 1, 2024.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202)-482-1395.

Background

    On December 7, 2023, Commerce published in the Federal Register the 
Preliminary Results of the 2021 administrative review of the 
countervailing duty order on rebar from the Republic of T[uuml]rkiye 
and invited comments from interested parties.\1\ On March 21, 2024, 
Commerce extended the deadline for issuing the final results until 
April 25, 2024.\2\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ Commerce conducted this review in accordance with 
section 751(a)(1)(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 Countervailing Duty Administrative 
Review and Rescission of Administrative Review, in Part; 2021, 88 FR 
85234 (December 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the Countervailing Duty Administrative Review,'' dated March 21, 
2024.
    \3\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Steel Concrete 
Reinforcing Bar from the Republic of T[uuml]rkiye; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order

    The product covered by the order is rebar from T[uuml]rkiye. For a 
full

[[Page 35072]]

description of the scope of the order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. 
The topics discussed and the issues raised by parties to which we 
responded in the Issues and Decision Memorandum are listed in the 
appendix 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 Duties Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://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 comments received from interested parties, we made certain 
changes regarding the attribution of subsidies to Kaptan Demir Celik 
Endustrisi ve Ticaret A.S., however, this did not result in a change to 
the calculation of subsidy benefits for Kaptan. For a full description 
of these revisions, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we determine 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 full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available (AFA) pursuant to sections 776(a) and (b) of the Act, 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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Final Results of the Administrative Review

    We find the following net countervailable subsidy rates for the 
period January 1, 2021, through December 31, 2021:
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    \5\ Commerce finds the following companies to be cross-owned 
with Kaptan: Kaptan Geri Donusum Teknolojileri Tic. A.S. and Nur 
Gemicilik ve Tic. A.S.

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                                               Subsidy rate (percent ad
             Producer/exporter                         valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret     5.54.
 A.S., Kaptan Metal Dis Ticaret ve Nakliyat
 A.S., and their cross-owned affiliates \5\.
Colakoglu Metalurji A.S. and Colakoglu Dis   0.03 (de minimis).
 Ticaret A.S.
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
of the final results of an administrative review within five days of a 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we have made no changes to the calculations in the Preliminary 
Results, there are no calculations to disclose.

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border 
Protection (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).

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 for the companies listed above for 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review. For all non-reviewed firms, we 
will instruct CBP to 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 violation 
subject to sanction.

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 351.221(b)(5).

    Dated: April 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise its Attribution 
Findings for Kaptan
    Comment 2: Whether Commerce Should Use Kaptan's Land Benchmark, 
Not the Petitioner's Land Benchmark
    Comment 3: Whether Commerce Should Continue to Find BITT 
Exemptions Countervailable
    Comment 4: Whether Commerce Should Apply AFA to Kaptan's BITT 
Exemptions Found During Verification

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    Comment 5: Whether the Social Security Support under Law 4447 
Program is Countervailable
    Comment 6: Whether the Social Security Support under Law 27256 
Program is Countervailable
    Comment 7: Whether Commerce Should Have Rejected Kaptan's 
Submission and Applied AFA for the Social Security Support under 
Laws 4446 and 27256 Programs
    Comment 8: Whether the Social Security Support under Law 5510/
6661 Program is Countervailable
VIII. Recommendation

[FR Doc. 2024-09371 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P