Steel Concrete Reinforcing Bar From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination, 22804-22806 [2014-09372]

Download as PDF 22804 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices within five days from the deadline date for the submission of case briefs.10 A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department.11 Executive summaries should be limited to five pages total, including footnotes. As noted above, interested parties who wish to comment on the preliminary determination must file briefs electronically using IA ACCESS.12 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time on the date the document is due. In accordance with section 774 of the Act, the Department will hold a hearing, if timely requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party.13 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request within 30 days after the date of publication of this notice to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using IA ACCESS, as noted above.14 Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed.15 If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.16 Parties should confirm by telephone the date, time, and location of the hearing. pmangrum on DSK3VPTVN1PROD with NOTICES Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of rebar from Mexico as described in the scope of the investigation section that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries as described below. Moreover, with the 10 See 19 CFR 351.309(c), 19 CFR 351.309(d)(1), and 19 CFR 351.309(d)(2). 11 See 19 CFR 351.309(c)(2). 12 See 19 CFR 351.303 (for general filing requirements). 13 See also 19 CFR 351.310. 14 See 19 CFR 351.310(c). 15 See id. 16 See 19 CFR 351.310. VerDate Mar<15>2010 14:19 Apr 23, 2014 Jkt 232001 exception of Grupo Simec, we preliminarily find that critical circumstances exist with respect to all exporters. Thus, with the exception of Grupo Simec, in accordance with section 733(e)(2)(A) of the Act, we are directing CBP to apply the suspension of liquidation and cash deposit requirements to any unliquidated entries of rebar from Mexico that are entered, or withdrawn from warehouse, for consumption on or after 90 days prior to the date of publication of this notice in the Federal Register. We will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price, as indicated in the chart above.17 The suspension of liquidation instructions will remain in effect until further notice. X. Physical Characteristics and Model Matching Hierarchy XI. Application of Facts Available XII. All Others Rate XIII. Discussion of the Methodology A. Fair Value Comparisons B. Determination of Comparison Method C. Results of the Differential Pricing Analysis D. Product Comparisons E. Date of Sale F. Constructed Export Price G. Normal Value H. Currency Conversion XIV. Verification XV. Conclusion U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. If our final determination in this proceeding is affirmative, then section 735(b)(2) of the Act requires that the ITC 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 steel concrete reinforcing bar from Mexico before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. [A–489–818] Notification to Interested Parties This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: April 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Issues Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Initiation of Sales-Below-Cost Investigation V. Postponement of Preliminary Determination VI. Postponement of Final Determination and Extension of Provisional Measures VII. Scope of the Investigation VIII. Scope Comments IX. Respondent Selection 17 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping Duty Investigations, 76 FR 61042 (October 3, 2011). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 [FR Doc. 2014–09368 Filed 4–23–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Steel Concrete Reinforcing Bar From Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from Turkey is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July, 2012, through June 30, 2013. The estimated weighted-average dumping margins of sales at LTFV are listed in the ‘‘Preliminary Determination’’ section of this notice. The Department also preliminarily finds that critical circumstances do not exist for Turkey with regard to the two mandatory respondents, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) but do exist for all other producers and exporters of subject merchandise. Finally, in response to a request from Habas, we are postponing the final determination. Accordingly, the final determination will be issued no later than 135 days after the publication of this preliminary determination in the Federal Register. We invite interested parties to comment on this preliminary determination. DATES: Effective Date: April 24, 2014. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Icdas) or George AGENCY: E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices McMahon (Habas), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–8362 or (202) 482–1167, respectively. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with NOTICES 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. Postponement of Final Determination and Extension of Provisional Measures Pursuant to section 735(a)(2) of the Act, on April 11, 2014, Habas requested that the Department postpone the final determination and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-month period.1 In accordance with section 733(d) of the Act and 19 CFR 351.210(b), because (1) our preliminary determination is affirmative, (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise, and (3) no compelling reason for denial exists, we are granting the request and are postponing the final determination until no later than 135 days after the publication of the preliminary determination notice in the Federal Register. The Department is further extending the application of the provisional measures from a four-month 1 See Letter from Habas titled, ‘‘Steel Concrete Reinforcing Bar: Request for Extension of the Final Determination and Provisional Measures,’’ dated April 11, 2014. VerDate Mar<15>2010 14:19 Apr 23, 2014 Jkt 232001 period to a period not to exceed sixmonths, and will extend the suspension of liquidation accordingly, pursuant to Habas’ request to extend the application of the provisional measures prescribed under sections 735(a)(2)(A) and 733(d) of the Act, and 19 CFR 351.210(b)(2)(ii) and 351.210(e)(2). Methodology The Department conducted this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772 of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value has been calculated in accordance with section 773 of the Act. The critical circumstances allegation has been analyzed in accordance with section 733(e)(1) of the Act and 19 CFR 351.206. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum 2 dated concurrently with and hereby adopted by this notice.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 http:// 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 on the internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Affirmative Determination of Critical Circumstances On December 4, 2013, Petitioners filed a timely critical circumstances allegation pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.4 We preliminarily determine that critical circumstances do not exist with regard 2 See Decision Memorandum for the Preliminary Determination of the Investigation of Sales at Less Than Fair Value for Steel Concrete Reinforcing Bar from Turkey, dated April 18, 2014. 3 See Appendix for a listing of issues discussed in the Preliminary Decision Memorandum. 4 See Petitioners’ submission, ‘‘Steel Concrete Reinforcing Bar from Turkey: Critical Circumstances Allegation,’’ dated December 4, 2013. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 22805 to Habas and Icdas. Further, we preliminarily determine that critical circumstances exist with regard to all other producers and exporters of the merchandise under consideration. For a full description of the methodology and results of our analysis, see the Preliminary Critical Circumstances Memorandum.5 Preliminary Determination We preliminarily determine that the estimated weighted-average dumping margins are as follows: Producer or exporter Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. ............ Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. ................. All Others .................................... Estimated weightedaverage dumping margin (percent) 0.00 2.64 2.64 All Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ‘‘all others’’ rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually examined, excluding all zero or de minimis rates, and all rates determined entirely under section 776 of the Act. Icdas is the only respondent in this investigation for which the Department calculated a companyspecific rate which is not zero, de minimis or based entirely on facts available. Therefore, for purposes of determining the ‘‘all others’’ rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-average dumping margin calculated for Icdas, as the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration.6 5 See the ‘‘Antidumping Duty Investigation: Steel Concrete Reinforcing Bar from Turkey; Preliminary Affirmative Determination of Critical Circumstances, 2012–2013,’’ from James Doyle, Director, Office V, Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this determination and hereby adopted by this notice (Preliminary Critical Circumstances Memorandum). 6 See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999); and Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Coated Free Sheet Paper from Indonesia, 72 FR 30753, 30757 (June 4, 2007), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Coated Free Sheet E:\FR\FM\24APN1.SGM Continued 24APN1 22806 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES Disclosure and Public Comment The Department intends to disclose to parties with an Administrative Protective Order the calculations performed in connection with this preliminary determination within five days of the date of publication of this notice.7 Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance via IA ACCESS no later than seven days after the date on which the final verification report is issued in this investigation. Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.8 A list of authorities used, a table of contents, and an executive summary of issues should accompany all briefs submitted to the Department.9 Executive summaries should be limited to five pages total, including footnotes. As noted above, interested parties who wish to comment on the preliminary determination must file briefs electronically using IA ACCESS.10 An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time on the date the document is due. In accordance with section 774 of the Act, the Department will hold a hearing, if timely requested, to afford interested parties an opportunity to comment on arguments raised in the case or rebuttal briefs, provided that such a hearing is requested by an interested party.11 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using IA ACCESS, as noted above. All requests must be received within 30 days after the date of publication of this notice.12 Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed.13 If a request for a hearing is made, we will inform Paper from Indonesia, 72 FR 60636 (October 25, 2007). 7 See 19 CFR 351.224(b). 8 See 19 CFR 351.309(c), 19 CFR 351.309(d)(1), and 19 CFR 351.309(d)(2). 9 See 19 CFR 351.309(c)(2). 10 See 19 CFR 351.303 (for general filing requirements). 11 See also 19 CFR 351.310. 12 See 19 CFR 351.310(c). 13 See id. VerDate Mar<15>2010 14:19 Apr 23, 2014 Jkt 232001 parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.14 Parties should confirm by telephone the date, time, and location of the hearing. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of rebar from Turkey from companies with above de minimis margins, as described in the scope of the investigation section that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries in the amounts indicated above. Because we preliminarily determine that critical circumstances exist with regard to imports of rebar produced or exported by Turkish firms other than Habas and Icdas, we will direct CBP to apply the suspension of liquidation to any unliquidated entries of rebar from Turkey that are entered, or withdrawn from warehouse, for consumption on or after 90 days prior to the date of publication in the Federal Register of this notice. We will instruct CBP to require a cash deposit equal to the estimated weightedaverage dumping margins, as indicated in the chart above.15 The suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. If our final determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC 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 steel concrete reinforcing bar from Turkey before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). 14 See 19 CFR 351.310. Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping Duty Investigations, 76 FR 61042 (October 3, 2011). 15 See PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Dated: April 18, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Issues Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Preliminary Determination V. Postponement of Final Determination and Extension of Provisional Measures VI. Scope of the Investigation VII. Scope Comments VIII. Selection of Respondents IX. Physical Characteristics and Model Matching Comments X. Discussion of the Methodology A. Fair Value Comparisons B. Determination of Comparison Method C. Results of the Differential Pricing Analysis D. Product Comparisons E. Date of Sale F. Export Price G. Duty Drawback H. Normal Value 1. Home Market Viability 2. Level of Trade 3. Investigation of Sales Below Costs a. Calculation of Cost of Production b. Sales-Below-Costs Test c. Results of the Sales-Below-Costs Test 4. Constructed Value 5. Price-to-Constructed Value Comparisons 6. Calculation of Normal Value Based on Home Market Prices I. Currency Conversion XI. Verification XII. Conclusion [FR Doc. 2014–09372 Filed 4–23–14; 8:45 am] BILLING CODE 3510–DS–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings TIME AND DATE: 10:00 a.m., Friday, May 23, 2014. 1155 21st St. NW., Washington, DC, 9th Floor Commission Conference Room. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: Surveillance, Enforcement Matters, and Examinations. In the event that the times, dates, or locations of this or any future meetings change, an announcement of the change, along with the new time and place of the meeting will be posted on the Commission’s Web site at http://www.cftc.gov. E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22804-22806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09372]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-818]


Steel Concrete Reinforcing Bar From Turkey: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, and Postponement 
of Final Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that steel concrete reinforcing bar (rebar) from Turkey is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, 
as amended (the Act). The period of investigation (POI) is July, 2012, 
through June 30, 2013. The estimated weighted-average dumping margins 
of sales at LTFV are listed in the ``Preliminary Determination'' 
section of this notice. The Department also preliminarily finds that 
critical circumstances do not exist for Turkey with regard to the two 
mandatory respondents, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi 
A.S. (Habas) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. 
(Icdas) but do exist for all other producers and exporters of subject 
merchandise. Finally, in response to a request from Habas, we are 
postponing the final determination. Accordingly, the final 
determination will be issued no later than 135 days after the 
publication of this preliminary determination in the Federal Register. 
We invite interested parties to comment on this preliminary 
determination.

DATES: Effective Date: April 24, 2014.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Icdas) or George

[[Page 22805]]

McMahon (Habas), AD/CVD Operations, Office III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-8362 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION: 

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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to section 735(a)(2) of the Act, on April 11, 2014, Habas 
requested that the Department postpone the final determination and 
agreed to extend the application of the provisional measures prescribed 
under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-
month period to a six-month period.\1\ In accordance with section 
733(d) of the Act and 19 CFR 351.210(b), because (1) our preliminary 
determination is affirmative, (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise, and (3) 
no compelling reason for denial exists, we are granting the request and 
are postponing the final determination until no later than 135 days 
after the publication of the preliminary determination notice in the 
Federal Register. The Department is further extending the application 
of the provisional measures from a four-month period to a period not to 
exceed six-months, and will extend the suspension of liquidation 
accordingly, pursuant to Habas' request to extend the application of 
the provisional measures prescribed under sections 735(a)(2)(A) and 
733(d) of the Act, and 19 CFR 351.210(b)(2)(ii) and 351.210(e)(2).
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    \1\ See Letter from Habas titled, ``Steel Concrete Reinforcing 
Bar: Request for Extension of the Final Determination and 
Provisional Measures,'' dated April 11, 2014.
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Constructed export prices have 
been calculated in accordance with section 772(b) of the Act. Normal 
value has been calculated in accordance with section 773 of the Act. 
The critical circumstances allegation has been analyzed in accordance 
with section 733(e)(1) of the Act and 19 CFR 351.206.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum \2\ dated 
concurrently with and hereby adopted by this notice.\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 http://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 on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \2\ See Decision Memorandum for the Preliminary Determination of 
the Investigation of Sales at Less Than Fair Value for Steel 
Concrete Reinforcing Bar from Turkey, dated April 18, 2014.
    \3\ See Appendix for a listing of issues discussed in the 
Preliminary Decision Memorandum.
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Preliminary Affirmative Determination of Critical Circumstances

    On December 4, 2013, Petitioners filed a timely critical 
circumstances allegation pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the merchandise under consideration.\4\ We 
preliminarily determine that critical circumstances do not exist with 
regard to Habas and Icdas. Further, we preliminarily determine that 
critical circumstances exist with regard to all other producers and 
exporters of the merchandise under consideration. For a full 
description of the methodology and results of our analysis, see the 
Preliminary Critical Circumstances Memorandum.\5\
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    \4\ See Petitioners' submission, ``Steel Concrete Reinforcing 
Bar from Turkey: Critical Circumstances Allegation,'' dated December 
4, 2013.
    \5\ See the ``Antidumping Duty Investigation: Steel Concrete 
Reinforcing Bar from Turkey; Preliminary Affirmative Determination 
of Critical Circumstances, 2012-2013,'' from James Doyle, Director, 
Office V, Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this determination and hereby adopted by this 
notice (Preliminary Critical Circumstances Memorandum).
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Preliminary Determination

    We preliminarily determine that the estimated weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.........        0.00
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.............        2.64
All Others..................................................        2.64
------------------------------------------------------------------------

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually examined, excluding all zero or de minimis 
rates, and all rates determined entirely under section 776 of the Act. 
Icdas is the only respondent in this investigation for which the 
Department calculated a company-specific rate which is not zero, de 
minimis or based entirely on facts available. Therefore, for purposes 
of determining the ``all others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the weighted-average dumping 
margin calculated for Icdas, as the estimated weighted-average dumping 
margin assigned to all other producers and exporters of the merchandise 
under consideration.\6\
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    \6\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Stainless Steel Sheet and Strip in Coils From 
Italy, 64 FR 30750, 30755 (June 8, 1999); and Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Coated Free Sheet Paper from Indonesia, 72 FR 
30753, 30757 (June 4, 2007), unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value: Coated Free Sheet 
Paper from Indonesia, 72 FR 60636 (October 25, 2007).

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[[Page 22806]]

Disclosure and Public Comment

    The Department intends to disclose to parties with an 
Administrative Protective Order the calculations performed in 
connection with this preliminary determination within five days of the 
date of publication of this notice.\7\ Interested parties are invited 
to comment on this preliminary determination. Case briefs or other 
written comments may be submitted to the Assistant Secretary for 
Enforcement and Compliance via IA ACCESS no later than seven days after 
the date on which the final verification report is issued in this 
investigation. Rebuttal briefs, the content of which is limited to the 
issues raised in the case briefs, must be filed within five days from 
the deadline date for the submission of case briefs.\8\ A list of 
authorities used, a table of contents, and an executive summary of 
issues should accompany all briefs submitted to the Department.\9\ 
Executive summaries should be limited to five pages total, including 
footnotes. As noted above, interested parties who wish to comment on 
the preliminary determination must file briefs electronically using IA 
ACCESS.\10\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time on the date the document is 
due.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c), 19 CFR 351.309(d)(1), and 19 CFR 
351.309(d)(2).
    \9\ See 19 CFR 351.309(c)(2).
    \10\ See 19 CFR 351.303 (for general filing requirements).
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    In accordance with section 774 of the Act, the Department will hold 
a hearing, if timely requested, to afford interested parties an 
opportunity to comment on arguments raised in the case or rebuttal 
briefs, provided that such a hearing is requested by an interested 
party.\11\ Interested parties who wish to request a hearing, or to 
participate if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce, filed electronically using IA ACCESS, as noted above. All 
requests must be received within 30 days after the date of publication 
of this notice.\12\ Requests should contain the following information: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed.\13\ If a 
request for a hearing is made, we will inform parties of the scheduled 
date for the hearing which will be held at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.\14\ Parties should confirm by telephone the date, time, and 
location of the hearing.
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    \11\ See also 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
    \13\ See id.
    \14\ See 19 CFR 351.310.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of rebar from Turkey from companies with above de minimis 
margins, as described in the scope of the investigation section that 
are entered, or withdrawn from warehouse, for consumption on or after 
the date of publication of this notice in the Federal Register, and to 
require a cash deposit for such entries in the amounts indicated above. 
Because we preliminarily determine that critical circumstances exist 
with regard to imports of rebar produced or exported by Turkish firms 
other than Habas and Icdas, we will direct CBP to apply the suspension 
of liquidation to any unliquidated entries of rebar from Turkey that 
are entered, or withdrawn from warehouse, for consumption on or after 
90 days prior to the date of publication in the Federal Register of 
this notice.
    We will instruct CBP to require a cash deposit equal to the 
estimated weighted-average dumping margins, as indicated in the chart 
above.\15\ The suspension of liquidation instructions will remain in 
effect until further notice.
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    \15\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping Duty Investigations, 76 FR 61042 (October 3, 2011).
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U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. If 
our final determination in this proceeding is affirmative, section 
735(b)(2) of the Act requires that the ITC 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 
steel concrete reinforcing bar from Turkey before the later of 120 days 
after the date of this preliminary determination or 45 days after our 
final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: April 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Issues Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Physical Characteristics and Model Matching Comments
X. Discussion of the Methodology
    A. Fair Value Comparisons
    B. Determination of Comparison Method
    C. Results of the Differential Pricing Analysis
    D. Product Comparisons
    E. Date of Sale
    F. Export Price
    G. Duty Drawback
    H. Normal Value
    1. Home Market Viability
    2. Level of Trade
    3. Investigation of Sales Below Costs
    a. Calculation of Cost of Production
    b. Sales-Below-Costs Test
    c. Results of the Sales-Below-Costs Test
    4. Constructed Value
    5. Price-to-Constructed Value Comparisons
    6. Calculation of Normal Value Based on Home Market Prices
    I. Currency Conversion
XI. Verification
XII. Conclusion

[FR Doc. 2014-09372 Filed 4-23-14; 8:45 am]
BILLING CODE 3510-DS-P