Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 23188-23190 [2017-10505]
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23188
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 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 which is subject to sanction.
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 16, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–10351 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–830]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to exporters and producers of
steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey).
The period of investigation (POI) is
January 1, 2015, through December 31,
2015. For information on the estimated
subsidy rates, see the ‘‘Final
Determination’’ section of this notice.
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3857.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with NOTICES
AGENCY:
Background
On March 1, 2017, the Department
published its affirmative Preliminary
Determination of this countervailing
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
duty (CVD) investigation.1 The
petitioner in this investigation is the
Rebar Trade Action Coalition and its
individual members.2 The mandatory
respondent in this investigation is
Habas Sinai ve Tibbi Gazlar Istihsal
¸
¨
Endustrisi A.S. (Habas),3 including
¸
certain cross-owned companies and
subcontractors.4 Both Habas and the
Government of Turkey (the GOT)
participated in this investigation. A
complete summary of the events that
occurred since publication of the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum, which is dated
concurrently with and hereby adopted
by this notice.5 The Issues and Decision
Memorandum is a public document and
is available 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 and to all parties in the
Central Records Unit, room B–8024 of
the Department’s main building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope of the Investigation
The scope of the investigation covers
rebar from Turkey. The Department did
not receive any scope comments and
has not updated the scope of the
investigation since the Preliminary
Determination. For a complete
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 82 FR
12195 (March 1, 2017) (Preliminary Determination).
2 The Rebar Trade Action Coalition is comprised
of Byer Steel Group, Inc., Commercial Metals
Company, Gerdau Ameristeel U.S. Inc., Nucor
Corporation, and Steel Dynamics, Inc.
3 Habas is the sole Turkish rebar producer/
exporter excluded from the existing CVD order on
rebar from Turkey. See Steel Concrete Reinforcing
Bar from the Republic of Turkey: Countervailing
Duty Order, 79 FR 65926 (November 6, 2014) (2014
Turkey CVD Order).
4 The Habas companies include Habas, Habas
¸
¨
¨
Elektrik Uretim A.S., Habas Endustri Tesisleri A.S.,
¸
¸
¸
Habas Petrol A.S., Mertas Turizm Nakliyat ve
¸
¸
¸
¨
Ticaret A.S., Cebitas Demir Celik Endustrisi A.S.,
¸
¸
¸
¸
¨
Ege Celik Endustrisi Sanayi ve Ticaret A.S., and
¸
¸
¨
¨
Osman Sonmez (Insaat Taahhut Ticaret).
¸
5 See Department Memorandum, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation of Steel Concrete Reinforcing Bar from
the Republic of Turkey,’’ May 15, 2017 (Issues and
Decision Memorandum).
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Sfmt 4703
description of the scope of this
investigation, see Appendix I to this
notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, as well as the issues
raised in the case briefs and rebuttal
briefs submitted by interested parties in
this proceeding, are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties and
responded to by the Department in the
Issues and Decision Memorandum is
attached at Appendix II to this notice.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
during February and March 2017, the
Department verified the subsidy
information reported by the GOT and
Habas. We used standard verification
procedures, including an examination of
relevant accounting records and original
source documents provided by the
respondents.
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available. As discussed in the Issues and
Decision Memorandum,6 we determine
that Habas withheld necessary
information with respect to certain
import duty rebates/drawbacks received
during the POI and, accordingly, did not
act to the best of its ability in
responding to the Department’s request
for information. Therefore, we drew an
adverse inference, where appropriate, in
selecting from among the facts
otherwise available.7 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the accompanying Issues
and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the subsidy rate calculations since the
Preliminary Determination. These
changes are discussed in the ‘‘Analysis
of Programs’’ section of the Issues and
Decision Memorandum.8
6 See
Issues and Decision Memorandum at 5–8.
Sections 776(a) and (b) of the Act.
8 See Issues and Decision Memorandum at 8; see
also Department Memorandum, ‘‘Steel Concrete
Reinforcing Bar from the Republic of Turkey:
Calculations for the Final Countervailing Duty
Determination,’’ May 15, 2017.
7 See
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Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
All-Others Rate
In accordance with section
705(c)(1)(B)(i)(I) of the Act, the
Department calculated a countervailable
subsidy rate for the individually
investigated exporter/producer of the
subject merchandise. Consistent with
sections 705(c)(1)(B)(i)(I) and
705(c)(5)(A) of the Act, the Department
also calculated an estimated ‘‘all-others’’
rate for exporters and producers not
individually investigated.9 Section
705(c)(5)(A)(i) of the Act provides that
the ‘‘all-others’’ rate shall be an amount
equal to the weighted-average of the
countervailable subsidy rates
established for individually investigated
exporters and producers, excluding any
rates that are zero or de minimis or any
rates determined entirely under section
776 of the Act. Because the weightedaverage countervailable subsidy rate
calculated for Habas is not zero or de
minimis or based entirely on facts
available under section 776 of the Act,
the rate calculated for Habas is the rate
assigned to all other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
(CBP) to continue to suspend
liquidation of all appropriate entries of
rebar from Turkey, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after March 1,
2017, the date of publication of the
Preliminary Determination.
Furthermore, the Department will
instruct CBP to require a cash deposit
for such entries of merchandise.
Continuation of Suspension of
Liquidation
In accordance with section 703(d) of
the Act, the Department will instruct
U.S. Customs and Border Protection
This notice serves as the only
reminder to parties subject to
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 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 violation subject to sanction.
This determination is issued and
published in accordance with sections
705(d) and 777(i) of the Act.
International Trade Commission
Notification
mstockstill on DSK30JT082PROD with NOTICES
In accordance with section 705(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
the final affirmative determination of
countervailable subsidies. Because the
final determination in this proceeding is
affirmative, in accordance with section
705(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
rebar from Turkey no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
Final Determination
of material injury does not exist, the
The Department determines the total
proceeding will be terminated and all
estimated countervailable subsidy rates
cash deposits will be refunded. If the
to be:
ITC determines that such injury does
exist, the Department will issue a CVD
Subsidy rate
Company
order directing CBP to assess, upon
(percent)
further instruction by the Department,
Habas Sinai ve Tibbi Gazlar
¸
countervailing duties on all imports of
10 ...
¨
Istihsal Endustrisi A.S.
16.21
¸
the subject merchandise entered, or
All-Others ..............................
16.21
withdrawn from warehouse, for
consumption on or after the effective
Disclosure
date of the suspension of liquidation, as
In accordance with 19 CFR
discussed above in the ‘‘Continuation of
351.224(b), we will disclose the
Suspension of Liquidation’’ section.
calculations performed within five days
Notification Regarding Administrative
of any public announcement of this
Protective Orders
notice.
9 The scope of this countervailing duty
investigation only covers rebar produced and/or
exported by companies excluded from the existing
2014 Turkey CVD Order. Currently, only
merchandise produced and exported by Habas is
excluded from the existing order. Therefore, at this
time, no companies will be subject to the all-others
rate indicated above, and cash deposits discussed
below will apply solely to rebar produced and/or
exported by Habas.
10 This rate applies only to merchandise both
produced and exported by Habas Sinai ve Tibbi
¸
¨
Gazlar Istihsal Endustrisi A.S. Merchandise
¸
produced by Habas, but exported by another
company, or produced by another company and
exported by Habas continues to be covered by the
2014 Turkey CVD Order.
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23:17 May 19, 2017
Jkt 241001
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23189
Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete reinforcing bar
imported in either straight length or coil form
(rebar) regardless of metallurgy, length,
diameter, or grade or lack thereof. Subject
merchandise includes deformed steel wire
with bar markings (e.g., mill mark, size, or
grade) and which has been subjected to an
elongation test.
The subject merchandise includes rebar
that has been further processed in the subject
country or a third country, including but not
limited to cutting, grinding, galvanizing,
painting, coating, or any other processing
that would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also
excluded from the scope is deformed steel
wire meeting ASTM A1064/A1064M with no
bar markings (e.g., mill mark, size, or grade)
and without being subject to an elongation
test.
At the time of the filing of the petition,
there was an existing countervailing duty
order on steel reinforcing bar from the
Republic of Turkey. Steel Concrete
Reinforcing Bar From the Republic of Turkey,
79 FR 65,926 (Dep’t Commerce Nov. 6, 2014)
(2014 Turkey CVD Order). The scope of this
countervailing duty investigation with regard
to rebar from Turkey covers only rebar
produced and/or exported by those
companies that are excluded from the 2014
Turkey CVD Order. At the time of the
issuance of the 2014 Turkey CVD Order,
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. was the only excluded
Turkish rebar producer or exporter.
The subject merchandise is classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item
numbers 7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise may
also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for
convenience and customs purposes;
however, the written description of the scope
remains dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Adverse Inferences
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23190
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Financial Contribution in AD/
CVD Investigation Assistance Program
Comment 2: Sales Denominator for Habas
Comment 3: Rejection of Habas’s February
2, 2017 Rebuttal Benchmark Submission
Comment 4: Natural Gas Benchmark
Comment 5: Application of Adverse Facts
Available for Discovered Program
Comment 6: Countervailability of
Electricity for More Than Adequate
Remuneration
IX. Conclusion
[FR Doc. 2017–10505 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Period of Review
The POR covered by this review is
October 1, 2014, through September 30,
2015.
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2014–2015
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On November 16, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on carbon
and certain alloy steel wire rod (wire
rod) from Mexico. The period of review
(POR) is October 1, 2014, through
September 30, 2015, and the review
covers two producers/exporters of
subject merchandise: ArcelorMittal Las
Truchas, S.A. de C.V. (AMLT) and
Deacero S.A.P.I. de C.V. (Deacero).
Based on our analysis of the comments
received, we made certain changes to
our preliminary findings for Deacero.
The final weighted-average dumping
margin for the reviewed producers/
exporters are listed below in the section
entitled ‘‘Final Results of Review.’’
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
James Terpstra (for Deacero) and Jolanta
Lawska (for AMLT), AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
202–482–3965 and 202–482–8362,
respectively.
mstockstill on DSK30JT082PROD with NOTICES
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 16, 2016, the
Department published in the Federal
Register the Preliminary Results of the
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
antidumping duty administrative review
of wire rod from Mexico.1 We invited
interested parties to comment on our
Preliminary Results. On January 11,
2017, the Department received case
briefs from Deacero, and Nucor
Corporation (Nucor).2 On January 17,
2017, interested parties submitted
rebuttal briefs. On January 20, 2017, the
Department extended the deadline for
the final results of this administrative
review until May 15, 2017.3 On January
31, 2017, the Department held a public
hearing. The Department conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to this order
is carbon and certain alloy steel wire
rod. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and
7227.90.6059. Although the HTS
numbers are provided for convenience
and customs purposes, the written
product description remains
dispositive.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
proceeding are addressed in the Issues
and Decision Memorandum. A list of
the issues that parties raised and to
which we responded is attached to this
notice as an Appendix. The Issues and
Decision Memorandum is a public
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review; 2014–2015, 81 FR
80638 (November 16, 2016) (Preliminary Results)
and accompanying Preliminary Decision
Memorandum.
2 Nucor Corporation (Nucor) is a domestic
interested party.
3 See Memorandum regarding Antidumping Duty
Administrative Review: Carbon and Certain Alloy
Steel Wire Rod From Mexico: Extension of Time
Limit for Final Results, dated January 20, 2017.
4 See Decision Memorandum for Final Results of
2014/15 Antidumping Duty Administrative Review:
Carbon and Certain Alloy Steel Wire Rod from
Mexico (Issues and Decision Memorandum), dated
concurrently with and hereby adopted by this
notice for a complete description of the scope of the
order.
PO 00000
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Fmt 4703
Sfmt 4703
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 and in the Central
Records Unit (CRU), room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://trade.gov/
enforcement. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we applied total
adverse facts available (AFA) to Deacero
and assigned it the highest margin
alleged in the petition, i.e., 40.52
percent, as Deacero’s AFA rate. These
changes are fully discussed in the Issues
and Decision Memorandum.
Final Results of Review
As a result of this review, we
determine that the following margin
exists for the POR:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Deacero S.A.P.I. de C.V ............
40.52
Final Determination of No Shipments
As stated in the Preliminary Results,
AMLT reported that it made no sales of
subject merchandise during the POR.5
We received no comments from
interested parties with respect to the
Department’s preliminary determination
of no shipments for AMLT, and we
continue to determine that AMLT had
no reviewable transactions during the
POR. As noted in the ‘‘Assessment
Rates’’ section below, the Department
intends to issue appropriate instructions
to U.S. Customs and Border Protection
(CBP) for AMLT based on the final
results of this review.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b), the
Department has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
5 See Preliminary Results, 81 FR at 80639, and
accompanying Preliminary Decision Memorandum
at 2.
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23188-23190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10505]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-830]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to exporters and producers
of steel concrete reinforcing bar (rebar) from the Republic of Turkey
(Turkey). The period of investigation (POI) is January 1, 2015, through
December 31, 2015. For information on the estimated subsidy rates, see
the ``Final Determination'' section of this notice.
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3857.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2017, the Department published its affirmative
Preliminary Determination of this countervailing duty (CVD)
investigation.\1\ The petitioner in this investigation is the Rebar
Trade Action Coalition and its individual members.\2\ The mandatory
respondent in this investigation is Haba[scedil] Sinai ve Tibbi Gazlar
Istihsal End[uuml]strisi A.[Scedil]. (Habas),\3\ including certain
cross-owned companies and subcontractors.\4\ Both Habas and the
Government of Turkey (the GOT) participated in this investigation. A
complete summary of the events that occurred since publication of the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum, which is dated concurrently with and
hereby adopted by this notice.\5\ The Issues and Decision Memorandum is
a public document and is available 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 and to all parties in the Central Records Unit,
room B-8024 of the Department's main building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Countervailing Duty Determination with Final
Antidumping Duty Determination, 82 FR 12195 (March 1, 2017)
(Preliminary Determination).
\2\ The Rebar Trade Action Coalition is comprised of Byer Steel
Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc.,
Nucor Corporation, and Steel Dynamics, Inc.
\3\ Habas is the sole Turkish rebar producer/exporter excluded
from the existing CVD order on rebar from Turkey. See Steel Concrete
Reinforcing Bar from the Republic of Turkey: Countervailing Duty
Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order).
\4\ The Habas companies include Habas, Haba[scedil] Elektrik
[Uuml]retim A.[Scedil]., Haba[scedil] End[uuml]stri Tesisleri
A.[Scedil]., Haba[scedil] Petrol A.[Scedil]., Merta[scedil] Turizm
Nakliyat ve Ticaret A.[Scedil]., Cebita[scedil] Demir [Ccedil]elik
End[uuml]strisi A.[Scedil]., Ege [Ccedil]elik End[uuml]strisi Sanayi
ve Ticaret A.[Scedil]., and Osman S[ouml]nmez (In[scedil]aat
Taahh[uuml]t Ticaret).
\5\ See Department Memorandum, ``Issues and Decision Memorandum
for the Final Affirmative Determination in the Countervailing Duty
Investigation of Steel Concrete Reinforcing Bar from the Republic of
Turkey,'' May 15, 2017 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers rebar from Turkey. The
Department did not receive any scope comments and has not updated the
scope of the investigation since the Preliminary Determination. For a
complete description of the scope of this investigation, see Appendix I
to this notice.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, as well as the issues
raised in the case briefs and rebuttal briefs submitted by interested
parties in this proceeding, are discussed in the Issues and Decision
Memorandum. A list of the issues raised by parties and responded to by
the Department in the Issues and Decision Memorandum is attached at
Appendix II to this notice.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), during February and March 2017, the Department verified the
subsidy information reported by the GOT and Habas. We used standard
verification procedures, including an examination of relevant
accounting records and original source documents provided by the
respondents.
Use of Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available. As discussed in the Issues and Decision
Memorandum,\6\ we determine that Habas withheld necessary information
with respect to certain import duty rebates/drawbacks received during
the POI and, accordingly, did not act to the best of its ability in
responding to the Department's request for information. Therefore, we
drew an adverse inference, where appropriate, in selecting from among
the facts otherwise available.\7\ For further information, see the
``Use of Facts Otherwise Available and Adverse Inferences'' in the
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at 5-8.
\7\ See Sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the subsidy rate calculations
since the Preliminary Determination. These changes are discussed in the
``Analysis of Programs'' section of the Issues and Decision
Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum at 8; see also Department
Memorandum, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Calculations for the Final Countervailing Duty
Determination,'' May 15, 2017.
---------------------------------------------------------------------------
[[Page 23189]]
All-Others Rate
In accordance with section 705(c)(1)(B)(i)(I) of the Act, the
Department calculated a countervailable subsidy rate for the
individually investigated exporter/producer of the subject merchandise.
Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
Act, the Department also calculated an estimated ``all-others'' rate
for exporters and producers not individually investigated.\9\ Section
705(c)(5)(A)(i) of the Act provides that the ``all-others'' rate shall
be an amount equal to the weighted-average of the countervailable
subsidy rates established for individually investigated exporters and
producers, excluding any rates that are zero or de minimis or any rates
determined entirely under section 776 of the Act. Because the weighted-
average countervailable subsidy rate calculated for Habas is not zero
or de minimis or based entirely on facts available under section 776 of
the Act, the rate calculated for Habas is the rate assigned to all
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of
the Act.
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\9\ The scope of this countervailing duty investigation only
covers rebar produced and/or exported by companies excluded from the
existing 2014 Turkey CVD Order. Currently, only merchandise produced
and exported by Habas is excluded from the existing order.
Therefore, at this time, no companies will be subject to the all-
others rate indicated above, and cash deposits discussed below will
apply solely to rebar produced and/or exported by Habas.
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Final Determination
The Department determines the total estimated countervailable
subsidy rates to be:
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\10\ This rate applies only to merchandise both produced and
exported by Haba[scedil] Sinai ve Tibbi Gazlar Istihsal
End[uuml]strisi A.[Scedil]. Merchandise produced by Habas, but
exported by another company, or produced by another company and
exported by Habas continues to be covered by the 2014 Turkey CVD
Order.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Haba[scedil] Sinai ve Tibbi Gazlar Istihsal 16.21
End[uuml]strisi A.[Scedil].\10\........................
All-Others.............................................. 16.21
------------------------------------------------------------------------
Disclosure
In accordance with 19 CFR 351.224(b), we will disclose the
calculations performed within five days of any public announcement of
this notice.
Continuation of Suspension of Liquidation
In accordance with section 703(d) of the Act, the Department will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of rebar from Turkey, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after March 1, 2017,
the date of publication of the Preliminary Determination. Furthermore,
the Department will instruct CBP to require a cash deposit for such
entries of merchandise.
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of countervailable subsidies. Because the final
determination in this proceeding is affirmative, in accordance with
section 705(b) of the Act, the ITC will make its final determination as
to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
rebar from Turkey no later than 45 days after our final determination.
If the ITC determines that material injury or threat of material injury
does not exist, the proceeding will be terminated and all cash deposits
will be refunded. If the ITC determines that such injury does exist,
the Department will issue a CVD order directing CBP to assess, upon
further instruction by the Department, countervailing duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to
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 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 violation subject to
sanction.
This determination is issued and published in accordance with
sections 705(d) and 777(i) of the Act.
Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is steel concrete
reinforcing bar imported in either straight length or coil form
(rebar) regardless of metallurgy, length, diameter, or grade or lack
thereof. Subject merchandise includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and which has been
subjected to an elongation test.
The subject merchandise includes rebar that has been further
processed in the subject country or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds (i.e., nondeformed or
smooth rebar). Also excluded from the scope is deformed steel wire
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark,
size, or grade) and without being subject to an elongation test.
At the time of the filing of the petition, there was an existing
countervailing duty order on steel reinforcing bar from the Republic
of Turkey. Steel Concrete Reinforcing Bar From the Republic of
Turkey, 79 FR 65,926 (Dep't Commerce Nov. 6, 2014) (2014 Turkey CVD
Order). The scope of this countervailing duty investigation with
regard to rebar from Turkey covers only rebar produced and/or
exported by those companies that are excluded from the 2014 Turkey
CVD Order. At the time of the issuance of the 2014 Turkey CVD Order,
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only
excluded Turkish rebar producer or exporter.
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS numbers including
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030,
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
[[Page 23190]]
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Financial Contribution in AD/CVD Investigation
Assistance Program
Comment 2: Sales Denominator for Habas
Comment 3: Rejection of Habas's February 2, 2017 Rebuttal
Benchmark Submission
Comment 4: Natural Gas Benchmark
Comment 5: Application of Adverse Facts Available for Discovered
Program
Comment 6: Countervailability of Electricity for More Than
Adequate Remuneration
IX. Conclusion
[FR Doc. 2017-10505 Filed 5-19-17; 8:45 am]
BILLING CODE 3510-DS-P
