Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2014, 89057-89059 [2016-29572]
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Final Results of Administrative Review
In accordance with section 777A(e)(1)
of the Act and 19 CFR 351.221(b)(5), we
determine the total estimated net
countervailable subsidy rates for the
period January 1, 2014, through
December 31, 2014 to be:
Manufacturer/exporter
Subsidy rate
(percent ad
valorem)
Jindal Poly Films of India
Limited ...............................
SRF Limited ..........................
5.52
2.16
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), the Department intends to
issue appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after publication of the final results
of this review. The Department will
instruct CBP to liquidate shipments of
subject merchandise produced and/or
exported by the companies listed above,
entered or withdrawn from warehouse,
for consumption from January 1, 2014,
through December 31, 2014, at the
percent rates, as listed above for each of
the respective companies, of the entered
value.
The Department intends also to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK3G9T082PROD with NOTICES
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of proceeding. 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
which is subject to sanction.
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18:13 Dec 08, 2016
Jkt 241001
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Issues and Decision Memorandum
I. Summary
II. Scope of the Order
III. Period of Review
IV. Subsidies Valuation Information
A. Allocation Period
B. Attribution of Subsidies
C. Benchmarks Interest Rates
D. Denominator
V. Analysis of Programs
A. Programs Determined To Be
Countervailable
B. Programs Determined To Be Not Used or
to Provide No Benefit During the POR
VI. Final Results of Review
VII. Analysis of Comments
Comment 1: Whether the Department should
calculate a benefit for the Status Holder
Incentive Scheme (SHIS) when Jindal
did not report any benefits received
during the POR.
Comment 2: Whether the Value Added Tax
(VAT) and Central Sales Tax (CST)
Refunds Under the Industrial Promotion
Subsidy (IPS) of the State Government of
Maharashtra’s (SGOM) Package Scheme
of Incentives (PSI) Are Countervailable
Comment 3: Whether the Department should
countervail benefits received under the
State and Union Territory Sales Tax
Incentive Program
Comment 4: Whether the Department
erroneously omitted one sub-program in
its summation of the Export Promotion
Capital Goods Scheme (EPCGS) subprograms
[FR Doc. 2016–29570 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Countervailing Duty
Administrative Review and Intent To
Rescind the Review in Part; 2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey). The period
of review (POR) is September 15, 2014,
through December 31, 2014. This review
AGENCY:
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89057
covers two producers/exporters of
subject merchandise that the
Department selected for individual
examination: Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S. (Icdas) and
Kaptan Demir Celik Endustrisi ve
Ticaret A.S. and Kaptan Metal Dis
Ticaret ve Nakliyat A.S. (Kaptan Demir
Companies) (collectively, the mandatory
respondents). This review also covers
the following firms that were not
individually examined: 3212041 Canada
Inc.; Acemar International Limited; As
Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu
Dis Ticaret A.S. (also known as
Colakoglu Disticaret AS); Colakoglu
Metalurji A.S.; Del Industrial Metals;
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (also known as Habas
Sinai 199, Habas Sinai ve Tibbi Gazlar,
and/or Habas Sinai ve Tibbi Gazlar
Istihsal); Izmir Demir Celik Sanayi A.S.;
Ozkan Demir Celik Sanayi A.S.; Tata
Steel International (Hong Kong) Limited
(also known as Tata Steel International
(Hong Kong)); and Tata Steel UK.
We preliminarily find that the
mandatory respondents each received a
de minimis net subsidy rate during the
POR. See ‘‘Preliminary Results of
Review’’ section of this notice below for
the preliminary rates calculated for the
companies covered in this review.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson (Icdas) and Samuel
Brummitt (Kaptan Demir), 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) 482–4793, and (202)
482–7851, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of the order consists of
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. While HTSUS
subheadings are provided for
convenience and customs purposes, the
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89058
Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
written description of the scope of this
Order is dispositive.1
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we preliminarily find
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.2 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
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 (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room B8024 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 https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
A list of topics discussed in the
Preliminary Decision Memorandum is
provided in the Appendix to this notice.
Intent To Rescind Administrative
Review, in Part
Entries of merchandise produced and
exported by Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas) are not
subject to countervailing duties because
the Department’s final determination
with respect to this producer/exporter
combination was negative.3 However, as
stated in the Initiation Notice, any
entries of merchandise produced by any
other entity and exported by Habas or
produced by Habas and exported by
another entity are subject to the Order.4
Because there is no evidence on the
record of entries of merchandise
produced by another entity and
exported by Habas, or entries of
merchandise produced by Habas and
exported by another entity, we
preliminarily determine that Habas is
not subject to this administrative
review. Therefore, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the
review with respect to Habas. A final
decision regarding whether to rescind
the review of Habas will be made in the
final results of this review.
Preliminary Results of the Review
We preliminarily find that the
following net subsidy rates exist for the
period September 15, 2014, through
December 31, 2014:
Subsidy rate
Ad Valorem
(percent)
Company
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ........................................................................................................................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal D(s Ticaret ve Nakliyat A.S. ..................................................
¸
3212041 Canada Inc .....................................................................................................................................................................
Acemar International Limited .........................................................................................................................................................
As Gaz Sinai ve Tibbi Azlar A.S ...................................................................................................................................................
Colakoglu Dis Ticaret A.S. (also known as Colakoglu Disticaret AS) ..........................................................................................
Colakoglu Metalurji A.S .................................................................................................................................................................
Del Industrial Metals ......................................................................................................................................................................
Izmir Demir Celik Sanayi A.S ........................................................................................................................................................
Ozkan Demir Celik Sanayi A.S .....................................................................................................................................................
Tata Steel International (Hong Kong) Limited (also known as Tata Steel International (Hong Kong)) .......................................
Tata Steel UK 6 ..............................................................................................................................................................................
5 0.00
* 0.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
* De minimis.
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,7 we are applying to the nonselected companies the rates
preliminarily calculated for the
mandatory respondents, which are de
minimis.
Assessment Rates
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
mstockstill on DSK3G9T082PROD with NOTICES
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, the
Pursuant to section 751(a)(2)(C) of the
Act, the Department intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
1 See Steel Concrete Reinforcing Bar From the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (Order). For a full
description of the scope of this order see
Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Countervailing Duty
Administrative Review: Steel Concrete Reinforcing
Bar from the Republic of Turkey,’’ dated
concurrently with, and hereby adopted by this
notice. (Preliminary Decision Memorandum).
2 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
3 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Affirmative
Countervailing Duty Determination Final
Affirmative Critical Circumstances Determination,
79 FR 54963, 54964 (September 15, 2014).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
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19:16 Dec 08, 2016
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Sfmt 4703
amount shown above for the reviewed
companies should the final results
remain the same as these preliminary
results. For all non-reviewed firms, we
will instruct CBP to collect cash
deposits of estimated countervailing
duties at the most recent companyspecific or all-others rate applicable to
the company. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
736, 740 (at footnote 4) (January 7, 2016) (Initiation
Notice).
5 For Icdas, we preliminarily calculate a de
minimis rate, which, when rounded to the
hundredth place, is zero.
6 The name of Tata Steel UK was incorrectly
spelled in the Initiation Notice. The company’s
name was inadvertently listed as ‘‘Tata Steel U.’’
See Initiation Notice, 81 FR at 740.
7 See Albemarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345 (Fed. Cir. 2016).
E:\FR\FM\09DEN1.SGM
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Disclosure and Public Comment
We will disclose to the parties in this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of this notice.8 Interested
parties may submit written arguments
(case briefs) on the preliminary results
no later than 30 days from the date of
publication of this Federal Register
notice, and rebuttal comments (rebuttal
briefs) within five days after the time
limit for filing the case briefs.9 Pursuant
to 19 CFR 351.309(d)(2), rebuttal briefs
must be limited to issues raised in the
case briefs. Parties who submit
arguments are requested to submit with
the argument: (1) Statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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.10 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If the Department
receives a request for a hearing, we will
inform parties of the scheduled date for
the hearing, which will be held at the
main Department of Commerce building
at a time and location to be
determined.11 Parties should confirm by
telephone the date, time, and location of
the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
raised by parties in their comments,
within 120 days after publication of
these preliminary results.
mstockstill on DSK3G9T082PROD with NOTICES
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
8 See
19 CFR 351.224(b).
9 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
19 CFR 351.303 (for general filing requirements).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310.
VerDate Sep<11>2014
18:13 Dec 08, 2016
Jkt 241001
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
A. Program Preliminarily Determined To
Be Countervailable
1. Rediscount Program
B. Programs Preliminarily Determined To
Not Be Countervailable
1. Assistance to Offset Costs Related to AD/
CVD Investigations
2. Purchase of Electricity for More Than
Adequate Remuneration (MTAR)—Sales
on the Grid
C. Program Preliminarily Determined To
Not Be Countervailable for a Respondent
1. Provision of Natural Gas for Less Than
Adequate Remuneration (LTAR)
D. Program for Which Additional
Information Is Required
1. Purchase of Electricity for MTAR—Sales
to Public Buyers
E. Programs Preliminarily Determined To
Not Confer Countervailable Benefits
1. Reduction and Exemption of Licensing
Fees for Renewable Resource Power
Plants
2. Investment Incentive Certificates
F. Programs Preliminarily Determined To
Not Be Used
1. Purchase of Electricity for MTAR—Sales
via Build-Operate-Own, Build-OperateTransfer, and Transfer of Operating
Rights Contracts
2. Provision of Lignite for LTAR
3. Purchase of Electricity Generated from
Renewable Resources for MTAR
4. Deductions from Taxable Income for
Export Revenue
5. Research and Development Grant
Program
6. Export Credits, Loans, and Insurance
from Turk Eximbank
a. Pre-Shipment Export Credits
b. Foreign Trade Company Export Loans
c. Pre-Export Credits
d. Short-Term Export Credit Discount
Program
e. Export Insurance
7. Regional Investment Incentives
a. VAT and Customs Duty Exemptions
b. Income Tax Reductions
c. Social Security Support
d. Land Allocation
8. 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
9. Strategic 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
f. VAT Refunds
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89059
10. Incentives for Research & Development
(R&D) Activities
a. Tax Breaks and Other Assistance
b. Product Development R&D Support—
UFT
11. Regional Development Subsidies
a. Provision of Land for LTAR
b. Provision of Electricity for LTAR
c. Withholding of Income Tax on Wages
and Salaries
d. Exemption From Property Tax
e. Employers’ Share in Insurance
Premiums
f. Preferential Tax Benefits for Turkish
Rebar Producers Located in Free Zones
g. Preferential Lending to Turkish Rebar
Producers Located in Free Zones
h. Exemptions From Foreign Exchange
Restrictions to Turkish Rebar Producers
Located in Free Zones
i. Preferential Rates for Land Rent and
Purchase to Turkish Rebar Producers
Located in Free Zones
VI. Conclusion
[FR Doc. 2016–29572 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe (CWP) from
the Republic of Korea (Korea). The
period of review (POR) is November 1,
2014, through October 31, 2015. The
Department preliminarily determines
that the one individually-examined
respondent in this review, Husteel Co.,
Ltd. (Husteel), made sales of the subject
merchandise at prices below normal
value, and that Hyundai Steel Company
(Hyundai Steel) had no shipments of
subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Joseph Shuler, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–1293.
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89057-89059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29572]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review and
Intent To Rescind the Review in Part; 2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on steel
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey).
The period of review (POR) is September 15, 2014, through December 31,
2014. This review covers two producers/exporters of subject merchandise
that the Department selected for individual examination: Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat
A.S. (Kaptan Demir Companies) (collectively, the mandatory
respondents). This review also covers the following firms that were not
individually examined: 3212041 Canada Inc.; Acemar International
Limited; As Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu Dis Ticaret A.S.
(also known as Colakoglu Disticaret AS); Colakoglu Metalurji A.S.; Del
Industrial Metals; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
(also known as Habas Sinai 199, Habas Sinai ve Tibbi Gazlar, and/or
Habas Sinai ve Tibbi Gazlar Istihsal); Izmir Demir Celik Sanayi A.S.;
Ozkan Demir Celik Sanayi A.S.; Tata Steel International (Hong Kong)
Limited (also known as Tata Steel International (Hong Kong)); and Tata
Steel UK.
We preliminarily find that the mandatory respondents each received
a de minimis net subsidy rate during the POR. See ``Preliminary Results
of Review'' section of this notice below for the preliminary rates
calculated for the companies covered in this review.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel
Brummitt (Kaptan Demir), 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) 482-4793, and (202) 482-7851, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of the order consists of 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. While HTSUS subheadings are provided for convenience and
customs purposes, the
[[Page 89058]]
written description of the scope of this Order is dispositive.\1\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar From the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order). For a full description of the scope of this order see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Countervailing Duty
Administrative Review: Steel Concrete Reinforcing Bar from the
Republic of Turkey,'' dated concurrently with, and hereby adopted by
this notice. (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\2\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\2\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
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 (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, room B8024 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 https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
A list of topics discussed in the Preliminary Decision Memorandum
is provided in the Appendix to this notice.
Intent To Rescind Administrative Review, in Part
Entries of merchandise produced and exported by Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to
countervailing duties because the Department's final determination with
respect to this producer/exporter combination was negative.\3\ However,
as stated in the Initiation Notice, any entries of merchandise produced
by any other entity and exported by Habas or produced by Habas and
exported by another entity are subject to the Order.\4\
---------------------------------------------------------------------------
\3\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination Final
Affirmative Critical Circumstances Determination, 79 FR 54963, 54964
(September 15, 2014).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736, 740 (at footnote 4) (January 7,
2016) (Initiation Notice).
---------------------------------------------------------------------------
Because there is no evidence on the record of entries of
merchandise produced by another entity and exported by Habas, or
entries of merchandise produced by Habas and exported by another
entity, we preliminarily determine that Habas is not subject to this
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we
intend to rescind the review with respect to Habas. A final decision
regarding whether to rescind the review of Habas will be made in the
final results of this review.
Preliminary Results of the Review
We preliminarily find that the following net subsidy rates exist
for the period September 15, 2014, through December 31, 2014:
---------------------------------------------------------------------------
\5\ For Icdas, we preliminarily calculate a de minimis rate,
which, when rounded to the hundredth place, is zero.
\6\ The name of Tata Steel UK was incorrectly spelled in the
Initiation Notice. The company's name was inadvertently listed as
``Tata Steel U.'' See Initiation Notice, 81 FR at 740.
------------------------------------------------------------------------
Subsidy rate Ad
Company Valorem (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S...... \5\ 0.00
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and * 0.02
Kaptan Metal D[inodot][scedil] Ticaret ve Nakliyat
A.S.................................................
3212041 Canada Inc................................... 0.00
Acemar International Limited......................... 0.00
As Gaz Sinai ve Tibbi Azlar A.S...................... 0.00
Colakoglu Dis Ticaret A.S. (also known as Colakoglu 0.00
Disticaret AS)......................................
Colakoglu Metalurji A.S.............................. 0.00
Del Industrial Metals................................ 0.00
Izmir Demir Celik Sanayi A.S......................... 0.00
Ozkan Demir Celik Sanayi A.S......................... 0.00
Tata Steel International (Hong Kong) Limited (also 0.00
known as Tata Steel International (Hong Kong))......
Tata Steel UK \6\.................................... 0.00
------------------------------------------------------------------------
* De minimis.
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we are
applying to the non-selected companies the rates preliminarily
calculated for the mandatory respondents, which are de minimis.
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\7\ See Albemarle Corp. & Subsidiaries v. United States, 821
F.3d 1345 (Fed. Cir. 2016).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, the Department intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown above for the reviewed companies should the
final results remain the same as these preliminary results. For all
non-reviewed firms, we will instruct CBP to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
[[Page 89059]]
Disclosure and Public Comment
We will disclose to the parties in this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of this notice.\8\ Interested parties may submit
written arguments (case briefs) on the preliminary results no later
than 30 days from the date of publication of this Federal Register
notice, and rebuttal comments (rebuttal briefs) within five days after
the time limit for filing the case briefs.\9\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) Statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
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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.\10\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If the
Department receives a request for a hearing, we will inform parties of
the scheduled date for the hearing, which will be held at the main
Department of Commerce building at a time and location to be
determined.\11\ Parties should confirm by telephone the date, time, and
location of the hearing.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
parties in their comments, within 120 days after publication of these
preliminary results.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
A. Program Preliminarily Determined To Be Countervailable
1. Rediscount Program
B. Programs Preliminarily Determined To Not Be Countervailable
1. Assistance to Offset Costs Related to AD/CVD Investigations
2. Purchase of Electricity for More Than Adequate Remuneration
(MTAR)--Sales on the Grid
C. Program Preliminarily Determined To Not Be Countervailable
for a Respondent
1. Provision of Natural Gas for Less Than Adequate Remuneration
(LTAR)
D. Program for Which Additional Information Is Required
1. Purchase of Electricity for MTAR--Sales to Public Buyers
E. Programs Preliminarily Determined To Not Confer
Countervailable Benefits
1. Reduction and Exemption of Licensing Fees for Renewable
Resource Power Plants
2. Investment Incentive Certificates
F. Programs Preliminarily Determined To Not Be Used
1. Purchase of Electricity for MTAR--Sales via Build-Operate-
Own, Build-Operate-Transfer, and Transfer of Operating Rights
Contracts
2. Provision of Lignite for LTAR
3. Purchase of Electricity Generated from Renewable Resources
for MTAR
4. Deductions from Taxable Income for Export Revenue
5. Research and Development Grant Program
6. Export Credits, Loans, and Insurance from Turk Eximbank
a. Pre-Shipment Export Credits
b. Foreign Trade Company Export Loans
c. Pre-Export Credits
d. Short-Term Export Credit Discount Program
e. Export Insurance
7. Regional Investment Incentives
a. VAT and Customs Duty Exemptions
b. Income Tax Reductions
c. Social Security Support
d. Land Allocation
8. 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
9. Strategic 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
f. VAT Refunds
10. Incentives for Research & Development (R&D) Activities
a. Tax Breaks and Other Assistance
b. Product Development R&D Support--UFT
11. Regional Development Subsidies
a. Provision of Land for LTAR
b. Provision of Electricity for LTAR
c. Withholding of Income Tax on Wages and Salaries
d. Exemption From Property Tax
e. Employers' Share in Insurance Premiums
f. Preferential Tax Benefits for Turkish Rebar Producers Located
in Free Zones
g. Preferential Lending to Turkish Rebar Producers Located in
Free Zones
h. Exemptions From Foreign Exchange Restrictions to Turkish
Rebar Producers Located in Free Zones
i. Preferential Rates for Land Rent and Purchase to Turkish
Rebar Producers Located in Free Zones
VI. Conclusion
[FR Doc. 2016-29572 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P
