Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 23192-23195 [2017-10346]
Download as PDF
<![CDATA[
mstockstill on DSK30JT082PROD with NOTICES
23192
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
structure of proteins, and to make
movies of molecular machines at work.
It is capable of fabricating structures as
small as 0.2 microns on a side, which
are not limited to a planar geometry,
using nozzles whose overall size is a
few millimeters, with finest detail of 0.5
microns. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: March 17,
2017.
Docket Number: 17–004. Applicant:
Trustees of Tufts College, 200 Boston
Avenue, Suite 2600, Medford, MA
02155–4284. Instrument: Microscopy
Image Acquisition Unit. Manufacturer:
Phaseview, France. Intended Use: The
instrument will be used to produce 3D
images of objects in regular light
microscopy, for example, biological
cells, the surface of teeth, and polymers.
The unique and required features
include an andor camera connected to
piezo driving optical objective, 3–D
imaging device that uses a liquid-crystal
focusing technology and so-called Ray
technology to record 3–D information in
one shot, and very fast mechanical
noise-free recording of 3–D images of
surfaces and cells. Justification for DutyFree Entry: There are no instruments of
the same general category manufactured
in the United States. Application
accepted by Commissioner of Customs:
April 3, 2017.
Docket Number: 17–005. Applicant:
Boston University, 110 Cummington
Mall, ENG 107, Boston, MA 02215.
Instrument: Positioner for a prototype
Schwarzchild Couder Telescope (pSCT).
Manufacturer: DESYDeutchesElektronen-Synchrotron,
Germany. Intended Use: The instrument
will be used in material science
research, using a fiber laser to induce
two-photon polymerization in the target
material. Through sophisticated
coordination of an X–Y stage and a
galvo-scanner, a structure designed in a
standard CAD tool can be transferred to
a cube of photosensitive material in a
matter of minutes. The instrument is
capable of lateral feature sizes for 3D
structures of less than 200 nm, and less
than 150 nm for 2D structures. The
instrument is able to fabricate structures
up to 300 mm height with constant high
resolution and quality independent of
the structure height by means of a dipin-laser lithography technique.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: April 24,
2017.
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
Docket Number: 17–006. Applicant:
The Association of Universities for
Research in Astronomy, 3665 Discovery
Drive, Boulder, CO 80303. Instrument:
M1 Cell Assembly. Manufacturer:
Advanced Mechanical & Optical
Systems, NA, Belgium. Intended Use:
The instrument will be used to study
the highly dynamic magnetic fields and
plasmas throughout the solar
atmosphere. It will provide the
necessary means to support, shape and
cool the DKIST primary mirror, without
which the primary mirror would not
meet the stringent performance
characteristics for conducting the
experiments. The instrument will be
able to accurately adjust the M1 Mirror
optical surface by applying arbitrary
Zernike correction terms to correct for
telescope errors in addition to polishing
errors and M1 Cell Assembly induced
errors. After optics correction, the total
allowed M1 Mirror optical surface figure
error from all sources other than
polishing residuals shall be less than 45
nm RMS after subtraction of tip tilt and
focus. Justification for Duty-Free Entry:
There are no instruments of the same
general category manufactured in the
United States. Application accepted by
Commissioner of Customs: April 24,
2017.
Docket Number: 17–007. Applicant:
The Association of Universities for
Research in Astronomy, 3665 Discovery
Drive, Boulder, CO 80303. Instrument:
Coating and Cleaning Equipment for the
Daniel K. Inouye Solar Telescope.
Manufacturer: Advanced Mechanical &
Optical Systems, NA, Belgium. Intended
Use: The instrument will be used to
study the highly dynamic magnetic
fields and plasmas throughout the solar
atmosphere. The M1 Wash Platform
shall be capable of capturing washing
effluent and directing it into a
containment system, which shall
include pumping capacity to move the
effluent from the containment system
into AURA supplied containers, as well
as protect effluent from contaminating
the bottom surface of the M1 Mirror or
any other surface. Justification for DutyFree Entry: There are no instruments of
the same general category manufactured
in the United States. Application
accepted by Commissioner of Customs:
April 24, 2017.
Docket Number: 17–008. Applicant:
UChicago Argonne, 9700 South Cass
Avenue, Lemont, IL 60439. Instrument:
Multiphoton 3D Lithography System.
Manufacturer: Nanoscribe, Germany.
Intended Use: The instrument will be
used for rapid fabrication and
prototyping of micro and nano sized
parts by the means of novel technology,
two-photon polymerization of UV-
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
curable photoresists. The key and
unique features of the instrument
include the highest resolution (150
nanometers) among all commercially
available 3D printers and ability to
deposit a wide variety of materials
template by transparent polymers. The
high printing resolution enables submicron feature sizes and allows a design
freedom for very complex parts with
internal features otherwise impossible
to produce. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: April 24,
2017.
Gregory W. Campbell,
Director, Subsidies Enforcement, Enforcement
and Compliance.
[FR Doc. 2017–10401 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final
Determination of Sales at Less Than
Fair Value
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 the Republic of Turkey
(Turkey) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is July 1, 2015,
through June 30, 2016. For information
on the estimated weighted-average
dumping margins of sales at LTFV, see
the ‘‘Final Determination’’ section of
this notice.
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Alex Cipolla, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2371 or (202) 482–4956,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2017, the Department
published the Preliminary
Determination of this antidumping duty
E:\FR\FM\22MYN1.SGM
22MYN1
23193
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
(AD) investigation.1 The petitioner in
this investigation is the Rebar Trade
Action Coalition and its individual
members.2 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). Both
¸
Habas and Icdas participated in this
investigation. A complete summary of
the events that occurred since
publication of the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Final Issues and Decision
Memorandum, which is dated
concurrently with and hereby adopted
by this notice.3 The Issues and Decision
Memorandum is a public document and
is available electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). Access is available to
registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, Room B–8024 of
the Department’s main building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope of the Investigation
The scope of the investigation covers
rebar from Turkey. The Department did
not receive any scope comments and
has not updated the scope of the
investigation since the Preliminary
Determination. For a complete
description of the scope of this
investigation, see Appendix I to this
notice.
Analysis of Comments Received
The issues raised in the case briefs
and rebuttal briefs submitted by
interested parties in this proceeding are
discussed in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by the
Department in the Issues and Decision
Memorandum is attached at Appendix II
to this notice.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
during March 2017, the Department
verified the sales and cost data reported
by Habas and Icdas. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by the
respondents.
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available. As discussed in the Issues and
Decision Memorandum,4 we determine
that Icdas withheld necessary
information with respect to
manufacturer of certain home market
sales made by affiliates during the POI
and, accordingly, did not act to the best
of its ability in responding to the
Department’s request for information.
Therefore, we drew an adverse
inference, where appropriate, in
selecting from among the facts
otherwise available.5 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the accompanying Issues
and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations since the
Preliminary Determination. These
changes are discussed in the ‘‘Analysis
of Programs’’ section of the Issues and
Decision Memorandum.
All-Others Rate
In accordance with section
735(c)(1)(B)(i)(I) of the Act, the
Department calculated a dumping
margin for the individually investigated
exporters/producers of the subject
merchandise. Consistent with sections
735(c)(1)(B)(i)(II) and 735(c)(5) of the
Act, the Department also calculated an
estimated ‘‘all-others’’ rate for exporters
and producers not individually
investigated. Section 735(c)(5)(A) of the
Act provides that the ‘‘all-others’’ rate
shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. Because the
estimated weighted-average dumping
margins calculated for Habas and Icdas
are not zero or de minimis or based
entirely on facts available under section
776 of the Act, we calculated the allothers rate using a weighted-average of
the dumping margins calculated for the
mandatory respondents using each
company’s publicly-ranged values for
the merchandise under consideration,
pursuant to section 735(c)(5)(A) of the
Act.6
Final Determination
The Department determines the
estimated weighted-average dumping
margins to be:
Estimated
weightedaverage
dumping
margin
Company
mstockstill on DSK30JT082PROD with NOTICES
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. ..............................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. .................................................................................................
1 See Steel Concrete Reinforcing Bar From the
Republic of Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 82
FR 12791 (March 7, 2017) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum.
2 The Rebar Trade Action Coalition is comprised
of Byer Steel Group, Inc., Commercial Metals
Company, Gerdau Ameristeel U.S. Inc., Nucor
Corporation, and Steel Dynamics, Inc.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar from
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
the Republic of Turkey,’’ (Issues and Decision
Memorandum).
4 See Issues and Decision Memorandum at 4 and
Comment 10.
5 See sections 776(a) and (b) of the Act.
6 With two respondents, we would normally
calculate (A) a weighted-average of the dumping
margins calculated for the mandatory respondents;
(B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
5.39
8.17
Cash deposit
rate adjusted
for subsidy
offset(s))
5.18
8.00
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010);
see also Memorandum to the File, ‘‘Steel Concrete
Reinforcing Bar from the Republic of Turkey:
Calculation of the Margin for All Others Rate for the
Final Determination,’’ dated May 15, 2017.
E:\FR\FM\22MYN1.SGM
22MYN1
23194
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
Estimated
weightedaverage
dumping
margin
Company
All-Others .................................................................................................................................................................
Disclosure
In accordance with 19 CFR
351.224(b), we will disclose the
calculations performed within five days
of any public announcement of this
notice.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
rebar from Turkey, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after March 7,
2017, the date of publication of the
Preliminary Determination.
Furthermore, the Department will
instruct CBP to require a cash deposit
for such entries of merchandise. The
Department normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where the
Department made an affirmative
determination for countervailable export
subsidies, the Department has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.7
Any such adjusted cash deposit rate
may be found in the ‘‘Final
Determination’’ section, above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
rebar from Turkey no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, the Department will issue an AD
order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a violation
subject to sanction.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK30JT082PROD with NOTICES
Appendix I
7 See Memorandum to the File, ‘‘Antidumping
Duty Investigation of Steel Concrete Reinforcing Bar
from the Republic of Turkey: Final Calculation
Memorandum for Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S.,’’ dated concurrently with
this Notice; See also Memorandum to the File,
‘‘Antidumping Duty Investigation of Steel Concrete
Reinforcing Bar from the Republic of Turkey: Final
Margin Calculation for Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S.,’’ dated concurrently with this
Notice; See also Memorandum to the File,
‘‘Antidumping Duty Investigation of Steel Concrete
Reinforcing Bar from the Republic of Turkey: Final
Calculation for the ‘All Others’ Rate,’’ dated
concurrently with this Notice.
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete reinforcing bar
imported in either straight length or coil form
(rebar) regardless of metallurgy, length,
diameter, or grade or lack thereof. Subject
merchandise includes deformed steel wire
with bar markings (e.g., mill mark, size, or
grade) and which has been subjected to an
elongation test.
The subject merchandise includes rebar
that has been further processed in the subject
country or a third country, including but not
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
6.94
Cash deposit
rate adjusted
for subsidy
offset(s))
6.77
limited to cutting, grinding, galvanizing,
painting, coating, or any other processing
that would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also
excluded from the scope is deformed steel
wire meeting ASTM A1064/A1064M with no
bar markings (e.g., mill mark, size, or grade)
and without being subject to an elongation
test.
The subject merchandise is classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item
numbers 7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise may
also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for
convenience and customs purposes;
however, the written description of the scope
remains dispositive.
Appendix II
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Application of Facts Available and Use of
Adverse Inferences
VII. Discussion of the Issues
Comment 1: Whether Respondents’ Duty
Drawback Adjustment Should be
Granted as Reported and How to
Calculate any Adjustment
Comment 2: Whether Respondents’
Margins Should be Calculated Using
Quarterly Cost
Habas
Comment 3: Whether the U.S. Date of Sale
is the Contract Date
Comment 4: Whether the Department
Should Impute Interest Expense on ZeroInterest Financing Provided by
Anadolubank
Comment 5: Whether Zero-Interest Loans
Should be Included in the Interest Rate
for CREDITH
Icdas
Comment 6: Whether the Department
Should Revise Icdas’ Costs Consistent
with Turkish GAAP
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
Comment 7: Whether the Department
Should Revise Icdas’ Short-Length Rebar
Cost
Comment 8: Whether the Department
Should Disallow Offsets to Icdas’ G&A
Expenses for Reimbursements Related to
Port Services Provided to Third Parties
Comment 9: Whether the Department
Should Revise the Manufacturer Code
Assignments in the Home Market
Resellers’ Sales File in the Comparison
Market Program
Comment 10: Whether the Department
Should Apply Partial AFA to Icdas with
Respect to Missing Manufacturer Codes
in the Home Market Resellers Sales File
Comment 11: Whether the Department
Should Adjust Normal Value for Certain
Home Market Movement Expenses
Comment 12: Whether the Department
Should Use the Correct Home Market
Credit Expense Amount CREDIT2H in its
Calculation of Normal Value
Comment 13a: Whether the Department
Should Adjust Arten’s Sales to Exclude
VAT
Comment 13b: Whether the Department
Should Adjust Home Market Freight
Expense for Certain Sales in Order to
Eliminate Understatement of this
Expense Due to Double Counting of VAT
Comment 14: Whether the Department
Should Use the Correct Home Market
Gross Unite Price Data in its Margin
Calculation
Comment 15: Whether the Department
Should Continue to Differentiate
Between Air and Water Cooled Rebar
Comment 16: Whether the Department
Should Reconsider and Reverse its
Decision to Refuse to Accept Icdas’
Timely and Properly Submitted Minor
Corrections of February 15, 2017
Comment 17: Whether the Computer
Programming Error Regarding Icdas’
Ending Period Date for U.S. Sales Should
be Corrected
VIII. Recommendation
[FR Doc. 2017–10346 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Amended Final
Results of Antidumping Duty
Administrative Review; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending its final
results of the administrative review of
the antidumping duty order on fresh
garlic from the People’s Republic of
China (PRC) for the period of review is
November 1, 2010, through October 31,
2011.
mstockstill on DSK30JT082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
23:17 May 19, 2017
Jkt 241001
DATES:
Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230: telephone: (202) 482–6251 or
(202) 482–4956, respectively.
SUPPLEMENTARY INFORMATION: Following
the publication of the Final Results,
Weifang Hongqiao International
Logistics Co., Ltd., Qingdao Xintianfeng
Foods Co., Ltd., and Shandong Jinxiang
Zhengyang Import and Export Co., Ltd.
(collectively, Separate Rate
Respondents) challenged the
Department’s Final Results in the
United States Court of International
Trade (CIT). In the Final Results, the
Department calculated a de minimis rate
for the two mandatory respondents, but
found that averaging the mandatory
respondents’ de minimis rates would
not be reasonably reflective of the
potential dumping margins of the
companies not selected for individual
examination.1 The Department found
the Separate Rate Respondents eligible
for a separate rate, but did not select
them for individual examination.2 The
Department established the dumping
margin for the Separate Rate
Respondents by applying the most
recently-calculated rate under this
order, which was not affected by the
Department’s zeroing methodology, i.e.,
$1.28 per kilogram, the rate in the 08/
09 Garlic NSR.3 The Separate Rate
Respondents challenged the
Department’s selection of the $1.28 per
kilogram dumping margin.4
On April 14, 2017, the United States,
the Separate Rate Respondents, and the
petitioner 5 entered into an agreement to
settle this dispute. On April 17, 2017,
the United States, the Separate Rate
Respondents, and the petitioner filed a
stipulation for entry of judgment with
the CIT. On April 19, 2017, the CIT
entered judgment by stipulation.
Consistent with the settlement
agreement and the judgment by
stipulation, these Amended Final
Results assign each Separate Rate
Respondent a $0.00 per kilogram
dumping margin for the POR. The
Amended Final Results make no other
1 IDM
at 4.
at 3–4.
3 Final Results, 78 FR at 36169.
4 Weifang Hongqiao International Logistics Co.,
Ltd. et al. v. United States, Consol. Case No. 13–
00228.
5 The Fresh Garlic Producers Association and its
individual members, Christopher Ranch, LLC, the
Garlic Company, Valley Garlic, and Vessey and
Company, Inc.
2 IDM
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
23195
modification to the Department’s
findings in the Final Results.
Within fifteen days of publication of
these Amended Final Results, we will
instruct U.S. Customs and Border
Protection to liquidate all unliquidated
entries of fresh garlic from the PRC
produced and/or exported by Weifang
Hongqiao International Logistics Co.,
Ltd., Qingdao Xintianfeng Foods Co.,
Ltd., and Shandong Jinxiang Zhengyang
Import and Export Co., Ltd., and
entered, or withdrawn from warehouse,
for consumption in the United States
during the POR at the assessment rate of
$0.00 per kilogram.
We are issuing and publishing these
Amended Final Results of review and
notice in accordance with section
516A(e) of the Act.
Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–10350 Filed 5–19–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–876]
Steel Concrete Reinforcing Bar From
Japan: Final Affirmative Determination
of Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of steel concrete reinforcing bar
(rebar) from Japan are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2015,
through June 30, 2016. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3870.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 7, 2017, the Department
published the Preliminary
Determination of this antidumping duty
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23192-23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10346]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Determination of Sales at Less Than Fair Value
AGENCY: 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 the Republic of
Turkey (Turkey) are being, or are likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is July 1, 2015, through June 30, 2016. For information on the
estimated weighted-average dumping margins of sales at LTFV, see the
``Final Determination'' section of this notice.
DATES: Effective May 22, 2017.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alex Cipolla, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-4956,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2017, the Department published the Preliminary
Determination of this antidumping duty
[[Page 23193]]
(AD) investigation.\1\ The petitioner in this investigation is the
Rebar Trade Action Coalition and its individual members.\2\ The
mandatory respondents in this investigation are Haba[scedil] Sinai ve
Tibbi Gazlar Istihsal End[uuml]strisi A.[Scedil]. (Habas) and Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.[Scedil]. (Icdas). Both Habas
and Icdas participated in this investigation. A complete summary of the
events that occurred since publication of the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Final Issues
and Decision Memorandum, which is dated concurrently with and hereby
adopted by this notice.\3\ The Issues and Decision Memorandum is a
public document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). Access is available to registered users at
https://access.trade.gov and to all parties in the Central Records Unit,
Room B-8024 of the Department's main building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar From the Republic of
Turkey: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, 82 FR 12791 (March 7, 2017) (Preliminary Determination)
and accompanying Preliminary Decision Memorandum.
\2\ The Rebar Trade Action Coalition is comprised of Byer Steel
Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc.,
Nucor Corporation, and Steel Dynamics, Inc.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar from the Republic of
Turkey,'' (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers rebar from Turkey. The
Department did not receive any scope comments and has not updated the
scope of the investigation since the Preliminary Determination. For a
complete description of the scope of this investigation, see Appendix I
to this notice.
Analysis of Comments Received
The issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by the Department in the Issues and Decision Memorandum is
attached at Appendix II to this notice.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), during March 2017, the Department verified the sales and
cost data reported by Habas and Icdas. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by the
respondents.
Use of Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available. As discussed in the Issues and Decision
Memorandum,\4\ we determine that Icdas withheld necessary information
with respect to manufacturer of certain home market sales made by
affiliates during the POI and, accordingly, did not act to the best of
its ability in responding to the Department's request for information.
Therefore, we drew an adverse inference, where appropriate, in
selecting from among the facts otherwise available.\5\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' in the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum at 4 and Comment 10.
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations since
the Preliminary Determination. These changes are discussed in the
``Analysis of Programs'' section of the Issues and Decision Memorandum.
All-Others Rate
In accordance with section 735(c)(1)(B)(i)(I) of the Act, the
Department calculated a dumping margin for the individually
investigated exporters/producers of the subject merchandise. Consistent
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the
Department also calculated an estimated ``all-others'' rate for
exporters and producers not individually investigated. Section
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be
an amount equal to the weighted-average of the estimated weighted-
average dumping margins established for individually investigated
exporters and producers, excluding any margins that are zero or de
minimis or any margins determined entirely under section 776 of the
Act. Because the estimated weighted-average dumping margins calculated
for Habas and Icdas are not zero or de minimis or based entirely on
facts available under section 776 of the Act, we calculated the all-
others rate using a weighted-average of the dumping margins calculated
for the mandatory respondents using each company's publicly-ranged
values for the merchandise under consideration, pursuant to section
735(c)(5)(A) of the Act.\6\
---------------------------------------------------------------------------
\6\ With two respondents, we would normally calculate (A) a
weighted-average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Memorandum to the File, ``Steel
Concrete Reinforcing Bar from the Republic of Turkey: Calculation of
the Margin for All Others Rate for the Final Determination,'' dated
May 15, 2017.
---------------------------------------------------------------------------
Final Determination
The Department determines the estimated weighted-average dumping
margins to be:
------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate adjusted
Company average for subsidy
dumping margin offset(s))
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal 5.39 5.18
Endustrisi A.S.........................
Icdas Celik Enerji Tersane ve Ulasim 8.17 8.00
Sanayi A.S.............................
[[Page 23194]]
All-Others.............................. 6.94 6.77
------------------------------------------------------------------------
Disclosure
In accordance with 19 CFR 351.224(b), we will disclose the
calculations performed within five days of any public announcement of
this notice.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of rebar from Turkey, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after March 7, 2017,
the date of publication of the Preliminary Determination. Furthermore,
the Department will instruct CBP to require a cash deposit for such
entries of merchandise. The Department normally adjusts cash deposits
for estimated antidumping duties by the amount of export subsidies
countervailed in a companion countervailing duty (CVD) proceeding, when
CVD provisional measures are in effect. Accordingly, where the
Department made an affirmative determination for countervailable export
subsidies, the Department has offset the estimated weighted-average
dumping margin by the appropriate CVD rate.\7\ Any such adjusted cash
deposit rate may be found in the ``Final Determination'' section,
above.
---------------------------------------------------------------------------
\7\ See Memorandum to the File, ``Antidumping Duty Investigation
of Steel Concrete Reinforcing Bar from the Republic of Turkey: Final
Calculation Memorandum for Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S.,'' dated concurrently with this Notice; See also
Memorandum to the File, ``Antidumping Duty Investigation of Steel
Concrete Reinforcing Bar from the Republic of Turkey: Final Margin
Calculation for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.,''
dated concurrently with this Notice; See also Memorandum to the
File, ``Antidumping Duty Investigation of Steel Concrete Reinforcing
Bar from the Republic of Turkey: Final Calculation for the `All
Others' Rate,'' dated concurrently with this Notice.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of rebar from
Turkey no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all cash deposits will be
refunded. If the ITC determines that such injury does exist, the
Department will issue an AD order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is steel concrete
reinforcing bar imported in either straight length or coil form
(rebar) regardless of metallurgy, length, diameter, or grade or lack
thereof. Subject merchandise includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and which has been
subjected to an elongation test.
The subject merchandise includes rebar that has been further
processed in the subject country or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the rebar.
Specifically excluded are plain rounds (i.e., nondeformed or
smooth rebar). Also excluded from the scope is deformed steel wire
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark,
size, or grade) and without being subject to an elongation test.
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS numbers including
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030,
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inferences
VII. Discussion of the Issues
Comment 1: Whether Respondents' Duty Drawback Adjustment Should
be Granted as Reported and How to Calculate any Adjustment
Comment 2: Whether Respondents' Margins Should be Calculated
Using Quarterly Cost
Habas
Comment 3: Whether the U.S. Date of Sale is the Contract Date
Comment 4: Whether the Department Should Impute Interest Expense
on Zero-Interest Financing Provided by Anadolubank
Comment 5: Whether Zero-Interest Loans Should be Included in the
Interest Rate for CREDITH
Icdas
Comment 6: Whether the Department Should Revise Icdas' Costs
Consistent with Turkish GAAP
[[Page 23195]]
Comment 7: Whether the Department Should Revise Icdas' Short-
Length Rebar Cost
Comment 8: Whether the Department Should Disallow Offsets to
Icdas' G&A Expenses for Reimbursements Related to Port Services
Provided to Third Parties
Comment 9: Whether the Department Should Revise the Manufacturer
Code Assignments in the Home Market Resellers' Sales File in the
Comparison Market Program
Comment 10: Whether the Department Should Apply Partial AFA to
Icdas with Respect to Missing Manufacturer Codes in the Home Market
Resellers Sales File
Comment 11: Whether the Department Should Adjust Normal Value
for Certain Home Market Movement Expenses
Comment 12: Whether the Department Should Use the Correct Home
Market Credit Expense Amount CREDIT2H in its Calculation of Normal
Value
Comment 13a: Whether the Department Should Adjust Arten's Sales
to Exclude VAT
Comment 13b: Whether the Department Should Adjust Home Market
Freight Expense for Certain Sales in Order to Eliminate
Understatement of this Expense Due to Double Counting of VAT
Comment 14: Whether the Department Should Use the Correct Home
Market Gross Unite Price Data in its Margin Calculation
Comment 15: Whether the Department Should Continue to
Differentiate Between Air and Water Cooled Rebar
Comment 16: Whether the Department Should Reconsider and Reverse
its Decision to Refuse to Accept Icdas' Timely and Properly
Submitted Minor Corrections of February 15, 2017
Comment 17: Whether the Computer Programming Error Regarding
Icdas' Ending Period Date for U.S. Sales Should be Corrected
VIII. Recommendation
[FR Doc. 2017-10346 Filed 5-19-17; 8:45 am]
BILLING CODE 3510-DS-P
