Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination, 10771-10772 [2014-04221]

Download as PDF Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices With respect to Dongguan Chengcheng, the new shipper respondent, the Department established a combination cash deposit rate for this company, consistent with its practice, as follows: (1) For subject merchandise produced and exported by Dongguan Chengcheng, the cash deposit rate will be the rate established for Dongguan Chengcheng in the final results of the NSR; (2) for subject merchandise exported by Dongguan Chengcheng, but not produced by Dongguan Chengcheng, the cash deposit rate will be the rate for the PRC-wide entity; and (3) for the subject merchandise produced by Dongguan Chengcheng, but not exported by Dongguan Chengcheng, the cash deposit rate will be the rate applicable to the exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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. tkelley on DSK3SPTVN1PROD with NOTICES Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum [FR Doc. 2014–04226 Filed 2–25–14; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 17:24 Feb 25, 2014 Jkt 232001 International Trade Administration [C–489–819] Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of investigation is January 1, 2012, through December 31, 2012. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: February 26, 2014. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Robert Copyak, Office III, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4793 and (202) 482–2209, respectively. AGENCY: the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than July 2, 2014, unless postponed. 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. 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, 7221.00.0015, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, and 7228.60.6000. Specifically excluded are plain rounds (i.e., non-deformed or smooth rebar). HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive. Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day that the Department initiated this countervailing duty (CVD) investigation, the Department also initiated antidumping duty (AD) investigations of rebar from Mexico and Turkey.1 The CVD investigation and the AD investigations cover the same merchandise. On February 14, 2014, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (Act), alignment of the final CVD determination with the final AD determination of rebar from Turkey was requested by the petitioner.2 Therefore, in accordance with section 705(a)(1) of Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.3 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 (IA ACCESS). IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ 1 See Steel Concrete Reinforcing Bar From Turkey: Initiation of Countervailing Duty Investigations, 78 FR 60831 (October 2, 2013) and Steel Concrete Reinforcing Bar From Mexico and Turkey: Initiation of Antidumping Duty Investigations, 78 FR 60827 (October 2, 2013). 2 See Letter from Petitioner regarding ‘‘Request to Align the Countervailing Duty Final Determination With the Antidumping Duty Final Determination’’ (February 14, 2014). Dated: February 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. 1. Scope of the Order 2. No Shipments 3. Bona Fide Sale Analysis 4. Non-Market Economy Country Status 5. Separate Rates 6. Surrogate Country 7. Economic Comparability 8. Significant Producer of Comparable Merchandise 9. Data Availability 10. Date of Sale 11. Normal Value Comparisons 12. Determination of Comparison Method 13. U.S. Price 14. Normal Value 15. Factor Valuations 16. Currency Conversion DEPARTMENT OF COMMERCE 10771 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance regarding ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Steel Concrete Reinforcing Bar From the Republic of Turkey,’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\26FEN1.SGM 26FEN1 10772 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Notices frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Critical Circumstances The Department preliminarily determines that critical circumstances do not exist for imports of rebar from Turkey. Although the Department preliminarily determines that Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. benefited from programs that are inconsistent with the Subsidies Agreement, the companies’ shipment data do not indicate a massive increase in shipments of subject merchandise to the United States. Additionally, the shipment data from the U.S. International Trade Commission’s dataweb do not indicate a massive increase in shipments of subject merchandise by the ‘‘all other’’ companies. Therefore, we preliminarily determine that critical circumstances do not exist with regard to imports of rebar from Turkey. For further information on the Department’s critical circumstances analysis, see the Preliminary Decision Memorandum. tkelley on DSK3SPTVN1PROD with NOTICES Negative Preliminary Determination and Suspension of Liquidation For this preliminary determination, we have calculated a de minimis countervailable subsidy rate for each individually investigated producer/ exporter of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, we are disregarding these rates and preliminarily determine that no countervailable subsides are being provided to producers/exporters of the subject merchandise in Turkey. Because the rates calculated for the individually investigated companies are de minimis, the all others rate is also de minimis. We preliminarily determine the countervailable subsidy rates to be: performed in connection with this preliminary determination within five days of its public announcement.4 Interested parties may submit case and rebuttal briefs. For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act. Dated: February 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope Comments 2. Scope of the Investigation 3. Injury Test 4. Critical Circumstances 5. Subsidies Valuation 6. Analysis of Programs 7. ITC Notification 8. Disclosure and Public Comment 9. Verification [FR Doc. 2014–04221 Filed 2–25–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–830] Welded Stainless Pressure Pipe From Thailand: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: February 26, 2014. SUMMARY: On January 7, 2014, the Department of Commerce (‘‘the Department’’) published in the Federal Register its preliminary determination that welded stainless pressure pipe Subsidy rate (‘‘WSPP’’) from Thailand is being, or is Company (percent (de minimis)) likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as Habas Sinai ve Tibbi Gazlar provided in section 733(b) of the Tariff Istihsal Endustrisi A.S ....... 0.78 Act of 1930, as amended (‘‘the Act’’).1 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ....... 0.10 On January 3, 2014, Ametai Co., Ltd. and Thareus Co., Ltd. (‘‘Ametai/ Thareus’’) notified the Department that Because we preliminarily determine it was withdrawing its participation that the CVD rates in this investigation from the LTFV investigation. Based on are de minimis, we will not direct U.S. the circumstances described below, the Customs and Border Protection to suspend liquidation of entries of the 4 See 19 CFR 351.224(b). subject merchandise from Turkey. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations VerDate Mar<15>2010 18:48 Feb 25, 2014 Jkt 232001 AGENCY: 1 See Welded Stainless Pressure Pipe From Thailand: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 812 (January 7, 2014) (‘‘Preliminary Determination’’). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Department is amending the Preliminary Determination. This amended preliminary determination results in revised antidumping duty margins and cash deposit rates. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182. SUPPLEMENTARY INFORMATION: Case History On December 13, 2013, Petitioners alleged that Ametai/Thareus misled the Department concerning certain affiliation allegations regarding Ametai/ Thareus.2 On December 18, 2013, the Department issued Petitioners a letter requesting clarification regarding certain affiliation allegations in their December 13, 2013, submission.3 On December 20, 2013, Petitioners filed their response to the Department’s December 18, 2013, letter.4 Additionally, on December 18, 2013, the Department issued Ametai/ Thareus a supplemental questionnaire regarding certain affiliation issues.5 On December 24, 2013, and December 30, 2013, Ametai/Thareus responded to the Department’s December 18, 2013, supplemental questionnaire.6 In the Department’s Preliminary Decision 2 See Submission from Petitioners, ‘‘Welded Stainless Pressure Pipe from Thailand: Comments on Section D,’’ dated December 13, 2013. Petitioners filed their affiliation allegations on December 13, 2013 through Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’) under the one day lag rule; therefore, for the Department’s consideration, the official version of this submission is dated December 13, 2013, although Petitioners filed the final version with a date of December 16, 2013. 3 See Letter from the Department to Petitioners, ‘‘Antidumping Duty Investigation of Welded Stainless Steel Pressure Pipe from Thailand: Clarification Supplemental Questionnaire on December 16, 2013, Section D comments,’’ dated December 18, 2013. The Department’s December 18, 2013, letter was in response to Petitioners’ December 13, 2013, filing but dated December 16, 2013. 4 See Submission from Petitioner, ‘‘Welded Stainless Pressure Pipe from Thailand: Thareus: Petitioners’ Response to Department’s December 18, 2013 Questionnaire,’’ dated December 20, 2013. 5 See Letter from the Department to Thareus, ‘‘Antidumping Duty Investigation of Welded Stainless Steel Pressure Pipe from Thailand: Third Section A Supplemental Questionnaire,’’ dated December 18, 2013. 6 See Submissions from Ametai/Thareus, ‘‘Welded Stainless Steel Pressure Pipe From Thailand; Antidumping Duty Investigation; Section A Supplemental Questionnaire Response,’’ dated December 24, 2013, and ‘‘Welded Stainless Steel Pressure Pipe From Thailand; Antidumping Duty Investigation; Section A Supplemental Questionnaire Response,’’ dated December 30, 2013. E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10771-10772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04221]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Negative Countervailing Duty Determination, Preliminary 
Negative Critical Circumstances Determination, and Alignment of Final 
Determination With Final Antidumping Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey). The period of investigation is January 
1, 2012, through December 31, 2012. Interested parties are invited to 
comment on this preliminary determination.

DATES: Effective Date: February 26, 2014.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Robert Copyak, 
Office III, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4793 and (202) 482-2209, respectively.

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day that the Department initiated this countervailing 
duty (CVD) investigation, the Department also initiated antidumping 
duty (AD) investigations of rebar from Mexico and Turkey.\1\ The CVD 
investigation and the AD investigations cover the same merchandise. On 
February 14, 2014, in accordance with section 705(a)(1) of the Tariff 
Act of 1930, as amended (Act), alignment of the final CVD determination 
with the final AD determination of rebar from Turkey was requested by 
the petitioner.\2\ Therefore, in accordance with section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD 
determination with the final AD determination. Consequently, the final 
CVD determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
July 2, 2014, unless postponed.
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar From Turkey: Initiation 
of Countervailing Duty Investigations, 78 FR 60831 (October 2, 2013) 
and Steel Concrete Reinforcing Bar From Mexico and Turkey: 
Initiation of Antidumping Duty Investigations, 78 FR 60827 (October 
2, 2013).
    \2\ See Letter from Petitioner regarding ``Request to Align the 
Countervailing Duty Final Determination With the Antidumping Duty 
Final Determination'' (February 14, 2014).
---------------------------------------------------------------------------

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. 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, 
7221.00.0015, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, 
and 7228.60.6000. Specifically excluded are plain rounds (i.e., non-
deformed or smooth rebar). HTSUS numbers are provided for convenience 
and customs purposes; however, the written description of the scope 
remains dispositive.

Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.\3\ 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 (IA ACCESS). IA ACCESS is available to registered users at 
https://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at https://enforcement.trade.gov/

[[Page 10772]]

frn/. The signed Preliminary Decision Memorandum and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
regarding ``Decision Memorandum for the Preliminary Determination in 
the Countervailing Duty Investigation of Steel Concrete Reinforcing 
Bar From the Republic of Turkey,'' dated concurrently with this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Critical Circumstances

    The Department preliminarily determines that critical circumstances 
do not exist for imports of rebar from Turkey. Although the Department 
preliminarily determines that Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. 
benefited from programs that are inconsistent with the Subsidies 
Agreement, the companies' shipment data do not indicate a massive 
increase in shipments of subject merchandise to the United States. 
Additionally, the shipment data from the U.S. International Trade 
Commission's dataweb do not indicate a massive increase in shipments of 
subject merchandise by the ``all other'' companies. Therefore, we 
preliminarily determine that critical circumstances do not exist with 
regard to imports of rebar from Turkey. For further information on the 
Department's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

Negative Preliminary Determination and Suspension of Liquidation

    For this preliminary determination, we have calculated a de minimis 
countervailable subsidy rate for each individually investigated 
producer/exporter of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, we are disregarding these rates and 
preliminarily determine that no countervailable subsides are being 
provided to producers/exporters of the subject merchandise in Turkey. 
Because the rates calculated for the individually investigated 
companies are de minimis, the all others rate is also de minimis.
    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent (de
                                                             minimis))
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.....            0.78
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.........            0.10
------------------------------------------------------------------------

    Because we preliminarily determine that the CVD rates in this 
investigation are de minimis, we will not direct U.S. Customs and 
Border Protection to suspend liquidation of entries of the subject 
merchandise from Turkey.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\4\ 
Interested parties may submit case and rebuttal briefs. For a schedule 
of the deadlines for filing case briefs, rebuttal briefs, and hearing 
requests, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: February 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope Comments
2. Scope of the Investigation
3. Injury Test
4. Critical Circumstances
5. Subsidies Valuation
6. Analysis of Programs
7. ITC Notification
8. Disclosure and Public Comment
9. Verification

[FR Doc. 2014-04221 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.