[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66350-66353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18297]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye: 
Preliminary Results and Rescission, in Part, of Antidumping Duty 
Administrative Review; 2022-2023

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 T[uuml]rkiye (T[uuml]rkiye) made sales of 
subject merchandise in the United States at prices below normal value 
(NV) during the period of review (POR) July 1, 2022, through June 30, 
2023. In addition, Commerce is rescinding the review, in part, with 
respect to three companies which had no entries in the U.S. Customs and 
Border Production (CBP) data. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable August 15, 2024.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Samuel Evans, 
AD/CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-2420, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2017, Commerce published the antidumping duty order on 
rebar from T[uuml]rkiye in the Federal Register.\1\ On September 11, 
2023, based

[[Page 66351]]

on timely requests for review, Commerce initiated an administrative 
review of the Order covering six companies, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ On March 6, 
2024, we extended the deadline for the preliminary results of this 
administrative review to July 30, 2024.\3\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\4\ The deadline for the preliminary results is now August 6, 
2024. For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\
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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, 88 FR 62322 (September 11, 2022).
    \3\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
March 6, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Steel 
Concrete Reinforcing Bar from the Republic of T[uuml]rkiye; 2022-
2023,'' 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 T[uuml]rkiye. 
For a full description of the scope of the Order, 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 attached as an 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no entries of subject merchandise 
during the POR for which liquidation is suspended.\6\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the antidumping duty assessment rate calculated for the 
review period.\7\ Therefore, for an administrative review of a company 
to be conducted, there must be a suspended entry that Commerce can 
instruct and CBP to liquidate at the AD assessment rate calculated for 
the POR.\8\
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    \6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    On December 21, 2023, we notified parties of our intent to rescind 
this administrative review, in part, with respect to: (1) Diler 
D[inodot][scedil] Ticaret A.[Scedil]. (Diler); (2) Ekinciler Demir ve 
Celik Sanayi A.S. (Ekinciler); and (3) Habas Sinai ve Tibbi Gazlar 
Istihsal Endustrisi A.S. (Habas) because there were no suspended 
entries of subject merchandise produced or exported by these companies 
during the POR, and we invited interested parties to comment.\9\ On 
January 4, 2024, Ekinciler and Diler commented on the Intent to Rescind 
Memorandum.\10\ On January 11, 2024, the Rebar Trade Action Coalition, 
the petitioner in this proceeding, submitted rebuttal comments.\11\ We 
reviewed these comments and determine that, in the absence of any 
suspended entries of subject merchandise from Diler, Ekinciler, and 
Habas during the POR, we are rescinding the administrative review for 
these companies, in accordance with 19 CFR 351.213(d)(3).
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated December 21, 2023 (Intent to Rescind Memorandum).
    \10\ See Ekinciler's and Diler's Letter, ``Comments on 
Commerce's Intent to Rescind the Review,'' dated January 4, 2024.
    \11\ See Petitioner's Letter, ``Rebuttal Comments on Intent to 
Rescind, In Part,'' dated January 11, 2024.
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Rate for Company Not Selected for Individual Examination

    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 market economy 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.
    We preliminarily calculated a dumping margin of zero for one of the 
two mandatory respondents, Icdas Celik Enerju Tersane ve Ulasim Sanayi 
A.S. (Icdas). Therefore, we have preliminarily assigned a dumping 
margin to Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan Metal 
Dis Ticaret Ve Nakliyat A.S., the company not selected for individual 
examination in this review, based on the rate calculated for the other 
mandatory respondent, Colakoglu Metalurji A.S./Colakoglu Dis Ticaret 
A.S. (collectively, Colakoglu).

Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margins exist for the period July 1, 2022, through June 30, 
2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S......            1.05
Icdas Celik Enerju Tersane ve Ulasim Sanayi A.S.........            0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan                1.05
 Metal Dis Ticaret Ve Nakliyat A.S......................
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Verification

    On December 20, 2023, the petitioner requested that Commerce 
conduct verification of the factual information submitted by the 
respondents in this administrative review.\12\ Accordingly, as provided 
in section 782(i)(3) of the Act, Commerce intends to verify the

[[Page 66352]]

information relied upon in determining its final results.
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    \12\ See Petitioner's Letter, ``Request for Verification,'' 
dated December 20, 2023.
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
seven days after the date on which the last verification report is 
issued in this administrative 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.\13\ Interested parties who 
submit case briefs or rebuttal briefs in this administrative review 
must submit: (1) a table of contents listing each issue; and (2) a 
table of authorities.\14\
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    \13\ See 19 CFR 351.309(d)(1); see also Administrative 
Protective Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule, 88 FR at 67077.
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    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 within 30 days after the date of publication of this notice. 
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. Oral presentations at the hearing will 
be limited to issues raised in the briefs. If a request for a hearing 
is made, parties will be notified of the time and date for the 
hearing.\17\
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    \17\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed via ACCESS.\18\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \18\ See 19 CFR 351.303.
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
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 Icdas 
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.\19\
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    \19\ 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 ``Rate for Company Not Selected for 
Individual Examination'' 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.\20\
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    \20\ 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).
    For those companies for which we are rescinding this administrative 
review (i.e., Diler, Ekinciler, and Habas), we will instruct CBP to 
assess antidumping duties on all appropriate entries at a rate equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, during the 
period July 1, 2022, through June 30, 2023, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue these rescission 
instructions to CBP no earlier than 35 days after the date of 
publication of this notice in the Federal Register.

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 was reviewed; (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

[[Page 66353]]

will continue to be 3.90 percent, the all-others rate established in 
the LTFV investigation.\21\
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    \21\ See Order, 87 FR at 935.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

    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, no 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).

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: August 5, 2024.
Scot Fullerton,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

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

[FR Doc. 2024-18297 Filed 8-14-24; 8:45 am]
BILLING CODE 3510-DS-P