[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Notices]
[Pages 21275-21277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08894]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye:
Final Results of the Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that certain
producers/exporters of steel concrete reinforcing bar (rebar) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) subject to this administrative
review made sales of subject merchandise at below normal value during
the period of review (POR) July 1, 2022, through June 30, 2023.
DATES: Applicable May 19, 2025.
FOR FURTHER INFORMATION CONTACT: Samuel Evans or Elizabeth Beuley, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2420 or (202)
482-3269, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 15, 2024, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment.\1\ On
November 14, 2024, we extended the deadline for these final results.\2\
On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\3\ Accordingly, the deadline for
these final results is now May 12, 2025. For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\4\ Commerce conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
T[uuml]rkiye: Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 66350 (August 15, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated November
14, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, '' Issues and Decision Memorandum for the
Final 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
(Issues and Decision Memorandum).
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Scope of the Order \5\
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\5\ See Steel Concrete Reinforcing Bar from the Republic of
T[uuml]rkiye and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of T[uuml]rkiye 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) (collectively, Order).
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The merchandise covered by the Order is rebar from T[uuml]rkiye.
For a full description of the scope of the Order,
[[Page 21276]]
see the Issue and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 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 to the margin calculations for Colakoglu Metalurji A.S./
Colakoglu Dis Ticaret A.S. (collectively, Colakoglu) and Icdas Celik
Enerju Tersane ve Ulasim Sanayi A.S. (Icdas) from the Preliminary
Results.\6\
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\6\ For a full description of changes, see Issues and Decision
Memorandum.
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Rate for Companies Not Selected for Individual Examination
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an in a
less-than-fair-value (LTFV) investigation, for guidance for calculating
the rate for companies which were not selected for individual
examination in an administrative review. Section 735(c)(5)(A) of the
Act provides that the all-others should be calculated by weight
averaging the weighted-average dumping margins determined for
individually-examined respondents, excluding rates that are zero, de
minimis, or based entirely on facts available.
We calculated a weighted-average dumping margin of zero for one of
the two mandatory respondents, Icdas. Therefore, we have assigned a
dumping margin to Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan
Metal Dis Ticaret Ve Nakliyat A.S. (collectively, Kaptan), the company
not selected for individual examination in this review, based on the
rate calculated for the other mandatory respondent, Colakoglu.
Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margins for the period July 1, 2022, through
June 30, 2023:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S... 1.13
Icdas Celik Enerju Tersane ve Ulasim Sanayi A.S...... 0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan 1.13
Metal Dis Ticaret Ve Nakliyat A.S...................
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Disclosure
Commerce intends to disclose the calculations performed for these
final 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 the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because Colakoglu reported the
entered value for its 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 a
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\7\ For Kaptan, which was not selected for individual
examination, we will instruct CBP to liquidate entries at the rate
assigned in these final results of review, calculated as noted in the
``Rate for Companies Not Selected for Individual Examination'' section,
above.
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\7\ See 19 CFR 351.212(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Colakoglu or Icdas
for which the producer did not know that the merchandise it sold to the
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\8\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
under review 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 investigated or reviewed companies not covered in
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, or the LTFV investigation, but the
manufacturer is,
[[Page 21277]]
the cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
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.\9\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See Order, 87 FR at 935.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this review
period. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties, and/or increase in the amount of antidumping duties
by the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 12, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether to Include Certain Movement Expenses in
Icdas' Normal Value (NV) Calculation
Comment 2: Whether Commerce Used the Appropriate Date of Sale
for Colakoglu
Comment 3: Whether Commerce Should Utilize the Cohen's d Test
for Colakoglu
VI. Recommendation
[FR Doc. 2025-08894 Filed 5-16-25; 8:45 am]
BILLING CODE 3510-DS-P