Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Affirmative Countervailing Duty Determination Final Affirmative Critical Circumstances Determination, 54963-54965 [2014-21989]
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Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final
Affirmative Countervailing Duty
Determination Final Affirmative Critical
Circumstances 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 producers and exporters of
steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey).
For more information, see the
‘‘Suspension of Liquidation’’ section of
this notice.
DATES: Effective Date: September 15,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, 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.
SUPPLEMENTARY INFORMATION:
Background
The Petitioner in this investigation is
the Rebar Trade Action Coalition.1 In
addition to the Government of Turkey,
the mandatory respondents in this
investigation are Habas Sinai ve Tibbi
Gazlar Istihsal Endustrisi A.S. (Habas)
and Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S. (Icdas). The period
of investigation (POI), for which we are
measuring subsidies, is January 1, 2012,
through December 31, 2012.
tkelley on DSK3SPTVN1PROD with NOTICES
Case History
The events that occurred since the
Department published the Preliminary
Determination on February 26, 2014,2
are discussed in the Memorandum to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Issues
and Decision Memorandum for the
Final Determination in the
Countervailing Duty Investigation of
Steel Concrete Reinforcing Bar from the
Republic of Turkey’’ (Issues and
Decision Memorandum), which is dated
1 The members are Nucor Corporation, Gerdau
Ameristeel US Inc., Commercial Metals Company,
Cascade Steel Rolling Mills, Inc., and Byer Steel
Corporation.
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17:10 Sep 12, 2014
Jkt 232001
concurrently with and hereby adopted
by this notice.
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (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 Final
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
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). 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. HTSUS numbers are
provided for convenience and customs
purposes; however, the written
description of the scope remains
dispositive.
Critical Circumstances
Pursuant to section 705(a)(2) of the
Tariff Act of 1930, as amended (the Act),
the Department determines that critical
circumstances exist for imports of rebar
from Turkey for the ‘‘all other’’
companies. Although we determine that
2 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Negative
Countervailing Duty Determination, Preliminary
Negative Critical Circumstances Determination, and
PO 00000
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Fmt 4703
Sfmt 4703
54963
Habas and Icdas 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. The
shipment data, however, indicate a
massive increase in shipments of subject
merchandise by the ‘‘all other’’
companies. Therefore, we determine
that critical circumstances exist with
regard to imports of rebar from Turkey
by companies subject to the all others
rate. For further information on the
Department’s critical circumstances
analysis, see the Issues and Decision
Memorandum.
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
Act. For a full description of the
methodology underlying our
conclusions, see the Issues and Decision
Memorandum.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of subsidy programs and the issues
that parties raised, and to which the
Department responded in the Issues and
Decision Memorandum, is attached an
appendix to this notice.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we
calculated a countervailable subsidy
rate for each individually investigated
producer/exporter of the subject
merchandise. Section 705(c)(5)(A)(i) of
the Act states that for companies not
individually investigated, we will
determine an ‘‘all others’’ rate equal to
the weighted average of the
countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
de minimis countervailable subsidy
rates. In this investigation, the only nonde minimis rate is the rate calculated for
Icdas. Consequently, the rate calculated
for Icdas is assigned as the ‘‘all others’’
rate.
We determine the total estimated net
countervailable subsidy rates to be:
Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10771
(February 26, 2014) (Preliminary Determination).
E:\FR\FM\15SEN1.SGM
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54964
Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Notices
Company
Subsidy rate
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. ..........................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. .............................................................................................
All Others .............................................................................................................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Because the Preliminary
Determination was negative, we did not
instruct U.S. Customs and Border
Protection (CBP) to suspend entries of
subject merchandise. In accordance
with sections 705(c)(1)(C) of the Act, we
are now directing CBP to suspend
liquidation of and to require the posting
of a cash deposit on all imports of the
subject merchandise from Turkey, other
than those produced and exported by
Habas because Habas’ rate is de
minimis, that are entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice in the Federal Register. The
suspension of liquidation will remain in
effect until further notice.
Additionally, as a result of this final
affirmative determination of critical
circumstances for ‘‘all other’’
companies, we are instructing CBP to
suspend liquidation of all entries of
subject merchandise from those
producers/exporters of rebar from
Turkey, which were entered or
withdrawn from warehouse for
consumption 90 days prior to the date
of publication of this notice in the
Federal Register, pursuant to section
703(e)(2) of the Act.
As our final determination is
affirmative and our preliminary
determination was negative, in
accordance with section 705(b)(3) of the
Act, the U.S. International Trade
Commission (ITC) will determine
within 75 days whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of the subject merchandise.
We will issue a CVD order if the ITC
issues a final affirmative injury
determination. If the ITC determines
that material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
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17:10 Sep 12, 2014
Jkt 232001
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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 that is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: September 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Critical Circumstances
6. Subsidies Valuation
7. Analysis of Programs
A. Programs Determined To Be
Countervailable
1. Provision of Natural Gas for Less Than
Adequate Remuneration (LTAR)
2. Provision of Lignite for LTAR
3. Rediscount Program
4. Deductions from Taxable Income for
Export Revenue
B. Program Determined Not To Confer a
Benefit During the POI
1. Research and Development Grant
Program
C. Programs Found Not To Be Used
1. Export Credits, Loans and Insurance
from Turk Eximbank
a. Pre-Shipment Export Credits from Turk
Eximbank
b. Turk Eximbank’s Foreign Trade
Company Export Loans
c. Turk Eximbank’s Pre-Export Credits
Program
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
0.74 percent (de minimis).
1.25 percent.
1.25 percent.
d. Short-term Export Credit Discount
Program
e. Export Insurance Provided by Turk
Eximbank
2. Regional Investment Incentives
a. VAT Exemptions, Customs Duty
Exemptions, Income Tax Reductions,
and Social Security Support
b. Land Allocation
3. Large-Scale Investment Incentives
a. VAT and Customs Duty Exemptions
b. Tax Reduction
c. Income Tax Withholding Allowance
d. Social Security and Interest Support
e. Land Allocation
4. Strategic Investment Incentives
a. VAT and Customs Duty Exemptions
b. Tax Reductions
c. Income Tax Withholding
d. Social Security and Interest Support
e. Land Allocation
f. VAT Refunds
5. Incentives for Research & Development
(R&D) Activities
a. Tax Breaks and Other Assistance
b. Product Development R&D Support—
UFT
6. Provision of Land for LTAR
7. Provision of Electricity for LTAR
8. Withholding of Income Tax on Wages
and Salaries
9. Exemption from Property Tax
10. Employers’ Share in Insurance
Premiums Program
11. Preferential Tax Benefits for Turkish
Rebar Producers Located in Free Zones
12. Preferential Lending to Turkish Rebar
Producers Located in Free Zones
13. Exemptions from Foreign Exchange
Restrictions to Turkish Rebar Producers
Located in Free Zones
14. Preferential Rates for Land Rent and
Purchase to Turkish Rebar Producers
Located in Free Zones
8. Analysis of Comments
Comment 1: Whether the Department Used
an Improper Methodology for Deriving
the Benchmark for Purchases of Natural
Gas for LTAR
Comment 2: Whether VAT Should Be
Included in the Natural Gas Benchmark
Comment 3: Whether Sales by Habas to
Affiliates Should Be Included in the
Sales Denominators
Comment 4: Whether Corrections to Habas’
Natural Gas Purchase Data Collected at
Verification Should Be Used for the
Final Calculations
Comment 5: Whether the Department
Should Use a Lignite Price to Calculate
the Benefit for the Provision of Lignite
for LTAR
Comment 6: Calculation of the Export
Revenue Tax Deduction for Icdas
Comment 7: Whether the Department
Unjustly Rejected Petitioner’s New
Subsidy Allegation
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Federal Register / Vol. 79, No. 178 / Monday, September 15, 2014 / Notices
Comment 8: Whether the Department
Failed to Initiate on the GOT’s Purchase
of Electricity for MTAR
9. Recommendation
[FR Doc. 2014–21989 Filed 9–12–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–818]
Steel Concrete Reinforcing Bar From
Turkey: Final Negative Determination
of Sales at Less Than Fair Value and
Final Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of steel concrete reinforcing bar
(rebar) from Turkey are not being, or are
not likely to be, sold in the United
States at less than fair value (LTFV), as
provided in section 735 of the Tariff Act
of 1930, as amended (the Act). The final
weighted-average dumping margins are
listed in the ‘‘Final Determination’’
section of this notice. The Department
also 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.
DATES: Effective Date: September 15,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska (Icdas) or George
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:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
On April 24, 2014, the Department
published the Preliminary
Determination in the Federal Register.1
In the Preliminary Determination, we
postponed the final determination until
no later than 135 days after the
1 See 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, 79 FR 22804
(April 24, 2014) (Preliminary Determination).
VerDate Mar<15>2010
17:10 Sep 12, 2014
Jkt 232001
publication of the Preliminary
Determination in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e) and invited
parties to comment on our Preliminary
Determination. We received case and
rebuttal briefs from the Petitioners,2
Habas, and Icdas. We also received a
case brief from the interested party
Colakoglu Metalurji, A.S. and the
Turkish Steel Exporter’s Association.
On July 31, 2014, we conducted a public
hearing in this investigation.
Period of Investigation
The period of investigation is July 1,
2012, through June 30, 2013.
Scope Comments
On June 19, 2014, the Petitioners
submitted a request that the Department
amend the scope of this investigation to
exclude certain types of deformed steel
wire by inserting the sentence below
immediately before the last sentence of
the current scope language:
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.
We solicited comments on the scope of
the investigation from interested parties
in the Initiation Notice 3 and case briefs.
Based on the fact that no other
interested party submitted comments
regarding the Petitioners’ request to
amend the scope language, we
incorporated this amendment in the
‘‘Scope of the Investigation’’ section
below.
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,
2 Petitioners are the Rebar Trade Action Coalition
and its members: Nucor Corporation, Gerdau
Ameristeel U.S. Inc., Commercial Metals Company,
Cascade Steel Rolling Mills, Inc., and Byer Steel
Corporation.
3 See Steel Concrete Reinforcing Bar From Mexico
and Turkey: Initiation of Antidumping Duty
Investigations, 78 FR 60827 (October 2, 2013)
(Initiation Notice).
PO 00000
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Fmt 4703
Sfmt 4703
54965
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). 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. HTSUS numbers are
provided for convenience and customs
purposes; however, the written
description of the scope remains
dispositive.
Analysis of the Comments Received
All issues raised in the case briefs by
parties to this investigation are
addressed in the Issues and Decision
Memorandum.4 A list of the issues
which parties raised and to which we
responded is in the Issues and Decision
Memorandum and attached to this
notice as an Appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and it is available to
all parties in the Central Records Unit
(CRU), room 7046 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://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, pre-verification
corrections, and our findings at
verifications, we made certain changes
to the margin calculations for Habas and
Icdas.5
4 See the memorandum from Deputy Assistant
Secretary Christian Marsh to Assistant Secretary
Paul Piquado titled ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less than Fair Value Investigation of Steel Concrete
Reinforcing Bar from Turkey’’ dated concurrently
with this notice and hereby adopted by this notice
(Issues and Decision Memorandum).
5 For a discussion of these changes, see
Memorandum to Neal Halper titled, ‘‘Cost of
Production and Constructed Value Calculation
Adjustments for the Final Determination—Habas,’’
dated concurrently with this notice and
Memorandum to the File titled, ‘‘Final
Determination in the Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar from
Turkey—Analysis Memorandum for Habas,’’ dated
E:\FR\FM\15SEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Pages 54963-54965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21989]
[[Page 54963]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Affirmative Countervailing Duty Determination Final Affirmative
Critical Circumstances 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 producers and exporters
of steel concrete reinforcing bar (rebar) from the Republic of Turkey
(Turkey). For more information, see the ``Suspension of Liquidation''
section of this notice.
DATES: Effective Date: September 15, 2014.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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.
SUPPLEMENTARY INFORMATION:
Background
The Petitioner in this investigation is the Rebar Trade Action
Coalition.\1\ In addition to the Government of Turkey, the mandatory
respondents in this investigation are Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S. (Icdas). The period of investigation (POI), for
which we are measuring subsidies, is January 1, 2012, through December
31, 2012.
---------------------------------------------------------------------------
\1\ The members are Nucor Corporation, Gerdau Ameristeel US
Inc., Commercial Metals Company, Cascade Steel Rolling Mills, Inc.,
and Byer Steel Corporation.
---------------------------------------------------------------------------
Case History
The events that occurred since the Department published the
Preliminary Determination on February 26, 2014,\2\ are discussed in the
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Final
Determination in the Countervailing Duty Investigation of Steel
Concrete Reinforcing Bar from the Republic of Turkey'' (Issues and
Decision Memorandum), which is dated concurrently with and hereby
adopted by this notice.
---------------------------------------------------------------------------
\2\ See 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, 79 FR 10771 (February 26, 2014) (Preliminary
Determination).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (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 Final Decision Memorandum can be
accessed directly at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
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). 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.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Critical Circumstances
Pursuant to section 705(a)(2) of the Tariff Act of 1930, as amended
(the Act), the Department determines that critical circumstances exist
for imports of rebar from Turkey for the ``all other'' companies.
Although we determine that Habas and Icdas 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. The shipment data, however, indicate
a massive increase in shipments of subject merchandise by the ``all
other'' companies. Therefore, we determine that critical circumstances
exist with regard to imports of rebar from Turkey by companies subject
to the all others rate. For further information on the Department's
critical circumstances analysis, see the Issues and Decision
Memorandum.
Methodology
The Department is conducting this countervailing duty (CVD)
investigation in accordance with section 701 of the Act. For a full
description of the methodology underlying our conclusions, see the
Issues and Decision Memorandum.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of subsidy
programs and the issues that parties raised, and to which the
Department responded in the Issues and Decision Memorandum, is attached
an appendix to this notice.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we
calculated a countervailable subsidy rate for each individually
investigated producer/exporter of the subject merchandise. Section
705(c)(5)(A)(i) of the Act states that for companies not individually
investigated, we will determine an ``all others'' rate equal to the
weighted average of the countervailable subsidy rates established for
exporters and producers individually investigated, excluding any de
minimis countervailable subsidy rates. In this investigation, the only
non-de minimis rate is the rate calculated for Icdas. Consequently, the
rate calculated for Icdas is assigned as the ``all others'' rate.
We determine the total estimated net countervailable subsidy rates
to be:
[[Page 54964]]
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar 0.74 percent (de minimis).
Istihsal Endustrisi A.S..
Icdas Celik Enerji Tersane ve 1.25 percent.
Ulasim Sanayi A.S..
All Others................... 1.25 percent.
------------------------------------------------------------------------
Because the Preliminary Determination was negative, we did not
instruct U.S. Customs and Border Protection (CBP) to suspend entries of
subject merchandise. In accordance with sections 705(c)(1)(C) of the
Act, we are now directing CBP to suspend liquidation of and to require
the posting of a cash deposit on all imports of the subject merchandise
from Turkey, other than those produced and exported by Habas because
Habas' rate is de minimis, that are entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. The suspension of liquidation will
remain in effect until further notice.
Additionally, as a result of this final affirmative determination
of critical circumstances for ``all other'' companies, we are
instructing CBP to suspend liquidation of all entries of subject
merchandise from those producers/exporters of rebar from Turkey, which
were entered or withdrawn from warehouse for consumption 90 days prior
to the date of publication of this notice in the Federal Register,
pursuant to section 703(e)(2) of the Act.
As our final determination is affirmative and our preliminary
determination was negative, in accordance with section 705(b)(3) of the
Act, the U.S. International Trade Commission (ITC) will determine
within 75 days whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports or sales (or the likelihood of sales) for importation of the
subject merchandise. We will issue a CVD order if the ITC issues a
final affirmative injury determination. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice serves as the only reminder to parties
subject to APO of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return/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 that is subject to
sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: September 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
1. Summary
2. Background
3. Scope Comments
4. Scope of the Investigation
5. Critical Circumstances
6. Subsidies Valuation
7. Analysis of Programs
A. Programs Determined To Be Countervailable
1. Provision of Natural Gas for Less Than Adequate Remuneration
(LTAR)
2. Provision of Lignite for LTAR
3. Rediscount Program
4. Deductions from Taxable Income for Export Revenue
B. Program Determined Not To Confer a Benefit During the POI
1. Research and Development Grant Program
C. Programs Found Not To Be Used
1. Export Credits, Loans and Insurance from Turk Eximbank
a. Pre-Shipment Export Credits from Turk Eximbank
b. Turk Eximbank's Foreign Trade Company Export Loans
c. Turk Eximbank's Pre-Export Credits Program
d. Short-term Export Credit Discount Program
e. Export Insurance Provided by Turk Eximbank
2. Regional Investment Incentives
a. VAT Exemptions, Customs Duty Exemptions, Income Tax
Reductions, and Social Security Support
b. Land Allocation
3. Large-Scale Investment Incentives
a. VAT and Customs Duty Exemptions
b. Tax Reduction
c. Income Tax Withholding Allowance
d. Social Security and Interest Support
e. Land Allocation
4. Strategic Investment Incentives
a. VAT and Customs Duty Exemptions
b. Tax Reductions
c. Income Tax Withholding
d. Social Security and Interest Support
e. Land Allocation
f. VAT Refunds
5. Incentives for Research & Development (R&D) Activities
a. Tax Breaks and Other Assistance
b. Product Development R&D Support--UFT
6. Provision of Land for LTAR
7. Provision of Electricity for LTAR
8. Withholding of Income Tax on Wages and Salaries
9. Exemption from Property Tax
10. Employers' Share in Insurance Premiums Program
11. Preferential Tax Benefits for Turkish Rebar Producers
Located in Free Zones
12. Preferential Lending to Turkish Rebar Producers Located in
Free Zones
13. Exemptions from Foreign Exchange Restrictions to Turkish
Rebar Producers Located in Free Zones
14. Preferential Rates for Land Rent and Purchase to Turkish
Rebar Producers Located in Free Zones
8. Analysis of Comments
Comment 1: Whether the Department Used an Improper Methodology
for Deriving the Benchmark for Purchases of Natural Gas for LTAR
Comment 2: Whether VAT Should Be Included in the Natural Gas
Benchmark
Comment 3: Whether Sales by Habas to Affiliates Should Be
Included in the Sales Denominators
Comment 4: Whether Corrections to Habas' Natural Gas Purchase
Data Collected at Verification Should Be Used for the Final
Calculations
Comment 5: Whether the Department Should Use a Lignite Price to
Calculate the Benefit for the Provision of Lignite for LTAR
Comment 6: Calculation of the Export Revenue Tax Deduction for
Icdas
Comment 7: Whether the Department Unjustly Rejected Petitioner's
New Subsidy Allegation
[[Page 54965]]
Comment 8: Whether the Department Failed to Initiate on the
GOT's Purchase of Electricity for MTAR
9. Recommendation
[FR Doc. 2014-21989 Filed 9-12-14; 8:45 am]
BILLING CODE 3510-DS-P
