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 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 http:// 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 http:// 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]


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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 
http://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 http://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\
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    \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.
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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