Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014, 26907-26909 [2017-12108]
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Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices
not be in compliance with the terms of
the CVD Agreement, and further, that
the CVD Agreement may no longer be
meeting all of the statutory
requirements, as set forth in sections
704(c) and (d) of the Act.
On February 13, 2017, at the request
of interested parties ASC, Imperial, and
Zucarmex S.A. de C.V. (Zucarmex), the
Department initiated an administrative
review of the CVD Agreement for the
period January 1, 2016 through
December 31, 2016.13
On May 1, 2017, the Department
notified the GOM of its intent to
terminate the CVD Agreement pursuant
to Section XI.B of the CVD Agreement,
unless the parties reached agreement
upon resolution of the outstanding
issues with the current agreement on or
before June 5, 2016.14 On June 5, 2017,
the Department notified the GOM that it
was extending the period within which
to reach an agreement until June 6,
2017.15
Scope of CVD Agreement
The product subject to the CVD
Agreement is raw and refined sugar of
all polarimeter readings derived from
sugar cane or sugar beets. The covered
merchandise is classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
1701.12.1000, 1701.12.5000,
1701.13.1000, 1701.13.5000,
1701.14.1000, 1701.14.5000,
1701.91.1000, 1701.91.3000,
1701.99.1010, 1701.99.1025,
1701.99.1050, 1701.99.5010,
1701.99.5025, 1701.99.5050, and
1702.90.4000.
See Appendix I for the full
description of merchandise covered by
the CVD Agreement.
Period of Administrative Reviews
The POR of the first administrative
review is December 19, 2014 through
December 31, 2015 and the POR of the
second administrative review is January
1, 2016 through December 31, 2016.
Rescission of Administrative Reviews
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Department has indicated its
intent to terminate the CVD Agreement,
unless an amended agreement can be
13 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017) (2015–2016
Administrative Review).
14 See Letter from Ronald Lorentzen to Aristeo
Lopez, ‘‘Agreement Suspending the Countervailing
Duty Investigation on Sugar from Mexico’’ (May 1,
2017) (May 1, 2017 letter).
15 See Letter from Ronald Lorentzen to Aristeo
Lopez, ‘‘Agreement Suspending the Countervailing
Duty Investigation on Sugar from Mexico’’ (June 5,
2017) (June 5, 2017 letter).
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17:28 Jun 09, 2017
Jkt 241001
reached.16 Accordingly, the questions of
the status of, and compliance, with the
CVD Agreement, whether suspension of
the CVD Agreement is in the ‘‘public
interest,’’ including the availability of
supplies of sugar in the U.S. market, and
whether ‘‘effective monitoring’’ is
practicable have been rendered moot
because either the CVD Agreement will
be amended and suspension of the
investigation will be continued with the
Department’s issuance of a final
amendment to the CVD Agreement, or
the CVD Agreement will be terminated,
per the May 1, 2017 notice of intent to
terminate, as modified by its June 5,
2017 letter.17 Therefore, the Department
is rescinding the 2014–2015 and 2015–
2016 administrative reviews of the CVD
Agreement.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
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
written notification of 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 sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
704(f), 751(a)(1) and 777(i)(1) of the Act.
Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
16 See May 1, 2017 letter, as modified by the June
5, 2017 letter.
17 See May 1, 2017 Letter. Thus, if no amendment
is finalized, the administrative reviews will be moot
for the alternative reason that the CVD Agreement
has been terminated.
Fmt 4703
Sfmt 4703
[FR Doc. 2017–12116 Filed 6–9–17; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
The product covered by the CVD
Agreement is raw and refined sugar of all
polarimeter readings derived from sugar cane
or sugar beets. The chemical sucrose gives
sugar its essential character. Sucrose is a
nonreducing disaccharide compo15)10sed of
glucose and fructose linked by a glycosidic
bond via their anomeric carbons. The
molecular formula for sucrose is C12H22O11;
the International Union of Pure and Applied
Chemistry (IUPAC) International Chemical
Identifier (InChl) for sucrose is 1S/
C12H22O11/c13-l-4-6(16)8(18)9(19)11(214)23-12(3-15)10(20)7(17)5(2-14)22-12/h411,13-20H,1-H2/t4-,5-,6-,7-,8+,9-,10+,11,12+/m1/s1; the InChl Key for sucrose is
CZMRCDWAGMRECN-UGDNZRGBSA-N;
the U.S. National Institutes of Health
PubChem Compound Identifier (CID) for
Frm 00005
sucrose is 5988; and the Chemical Abstracts
Service (CAS) Number of sucrose is 57–50–
1.
Sugar described in the previous paragraph
includes products of all polarimeter readings
described in various forms, such as raw
sugar, estandar or standard sugar, high
polarity or semi-refined sugar, special white
sugar, refined sugar, brown sugar, edible
molasses, desugaring molasses, organic raw
sugar, and organic refined sugar. Other sugar
products, such as powdered sugar, colored
sugar, flavored sugar, and liquids and syrups
that contain 95 percent or more sugar by dry
weight are also within the scope of the order.
The scope of the order does not include (1)
sugar imported under the Refined Sugar ReExport Programs of the U.S. Department of
Agriculture; 18 (2) sugar products produced
in Mexico that contain 95 percent or more
sugar by dry weight that originated outside
of Mexico; (3) inedible molasses (other than
inedible desugaring molasses noted above);
(4) beverages; (5) candy; (6) certain specialty
sugars; and (7) processed food products that
contain sugar (e.g., cereals). Specialty sugars
excluded from the scope of the order are
limited to the following: caramelized slab
sugar candy, pearl sugar, rock candy, dragees
for cooking and baking, fondant, golden
syrup, and sugar decorations.
Merchandise covered by the CVD
Agreement is typically imported under the
following headings of the HTSUS:
1701.12.1000, 1701.12.5000, 1701.13.1000,
1701.13.5000, 1701.14.1000, 1701.14.5000,
1701.91.1000, 1701.91.3000, 1701.99.1010,
1701.99.1025, 1701.99.1050, 1701.99.5010,
1701.99.5025, 1701.99.5050, and
1702.90.4000. The tariff classification is
provided for convenience and customs
purposes; however, the written description of
the scope of the order is dispositive.
DEPARTMENT OF COMMERCE
Appendix I: Scope of the CVD
Agreement
PO 00000
26907
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final Results
and Partial Rescission of
Countervailing Duty Administrative
Review; 2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed its
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,
AGENCY:
18 This exclusion applies to sugar imported under
the Refined Sugar Re-Export Program, the SugarContaining Products Re-Export Program, and the
Polyhydric Alcohol Program administered by the
U.S. Department of Agriculture.
E:\FR\FM\12JNN1.SGM
12JNN1
26908
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices
through December 31, 2014. This review
covers 12 producers/exporters of subject
merchandise, two of which 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). The ten firms that were
not individually examined are included
in the chart under the Final Results of
Review section, below.
We find that the mandatory
respondents each received a de minimis
net subsidy rate during the POR. See
‘‘Final Results of Review’’ section of this
notice below for the rates calculated for
the companies covered in this review.
DATES: Effective June 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson (Icdas) and Samuel
Brummitt (Kaptan Demir Companies),
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–4793,
and (202) 482–7851, respectively.
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
written description of the scope of this
Order is dispositive.1
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.2 For a full
description of the methodology
underlying all of the Department’s
conclusions, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
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
determine that Habas is not subject to
this administrative review. Therefore,
pursuant to 19 CFR 351.213(d)(3), we
are rescinding the review with respect
to Habas.
Methodology
The Department conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Partial Rescission of Review
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we determine the
following net countervailable subsidy
rates for the period September 15, 2014,
through December 31, 2014:
Subsidy rate
ad valorem
(percent)
Company
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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)) .............................................
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (the Order). For a full
description of the scope of this order see
Memorandum, ‘‘Decision Memorandum for Final
Results of Countervailing Duty 2014 Administrative
Review: Steel Concrete Reinforcing Bar from the
Republic of Turkey,’’ dated concurrently with, and
hereby adopted by this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
17:28 Jun 09, 2017
Jkt 241001
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).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
* 0.01
* 0.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736, 740 (at footnote 4) (January 7, 2016) (Initiation
Notice).
5 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.
E:\FR\FM\12JNN1.SGM
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Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices
26909
Subsidy rate
ad valorem
(percent)
Company
Tata Steel UK 5 ....................................................................................................................................................................................
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,6 we are applying to the nonselected companies the rates calculated
for the mandatory respondents, which
are de minimis.
Disclosure
We will disclose to the parties in this
proceeding the calculations performed
for these final results within five days
of the date of publication of this notice
in the Federal Register.7
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), the Department intends to
issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15
days after the date of publication of
these final results of review to liquidate
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after September
15, 2014, through December 31, 2014,
without regard to countervailing duties
because a de minimis subsidy rate was
determined for each of the above listed
companies.
The Department also intends to
instruct CBP to collect cash deposits of
zero percent for each company listed on
shipments of the 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 collect cash
deposits of estimated countervailing
duties at the most recent companyspecific or all others rate applicable to
the company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Return or Destruction of Proprietary
Information
This notice also serves as a reminder
to parties subject to 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
written notification of the return or
6 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. May 2, 2016).
7 See 19 CFR 351.224(b).
VerDate Sep<11>2014
17:28 Jun 09, 2017
Jkt 241001
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 sanctionable violation.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, 19 CFR 351.213(d)(4) and 19
CFR 351.221(b)(5).
Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
APPENDIX
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Analysis of Programs
A. Programs Determined To Be
Countervailable
1. Rediscount Program
2. Assistance To Offset Costs Related To
AD/CVD Investigations
B. Programs Determined To Not Be
Countervailable
1. Purchase of Electricity for More Than
Adequate Remuneration (MTAR)—Sales
on the Grid
2. Purchase of Electricity for MTAR—Sales
to Public Buyers
C. Program Determined To Not Be
Countervailable For a Respondent
1. Provision of Natural Gas for Less Than
Adequate Remuneration (LTAR)
D. Programs Determined To Not Confer
Countervailable Benefits
1. Reduction and Exemption of Licensing
Fees for Renewable Resource Power
Plants
2. Investment Incentive Certificates
E. Programs 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
PO 00000
Frm 00007
Fmt 4703
Sfmt 9990
e. Export Insurance
7. Regional Investment Incentives
a. Value Added Tax (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
VII. Analysis of Comments
Comment 1: Whether the Purchase of
Electricity for MTAR Is Countervailable
Comment 2: Whether the Department
Should Countervail the Provision of
Lignite for LTAR
Comment 3: Whether the Department
Should Countervail the Provision of
Natural Gas for LTAR
Comment 4: Whether the Assistance to
Offset Costs Related to AD/CVD
Investigation Is Countervailable
Comment 5: Whether the Department
Should Have Required a Response From
Kaptan Demir’s Cross-Owned Power
Producer
VIII. Conclusion
[FR Doc. 2017–12108 Filed 6–9–17; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\12JNN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26907-26909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12108]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has completed its
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,
[[Page 26908]]
through December 31, 2014. This review covers 12 producers/exporters of
subject merchandise, two of which 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). The ten firms that were not
individually examined are included in the chart under the Final Results
of Review section, below.
We find that the mandatory respondents each received a de minimis
net subsidy rate during the POR. See ``Final Results of Review''
section of this notice below for the rates calculated for the companies
covered in this review.
DATES: Effective June 12, 2017.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel
Brummitt (Kaptan Demir Companies), AD/CVD Operations, Office III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone (202) 482-4793, and (202) 482-7851, respectively.
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 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)
(the Order). For a full description of the scope of this order see
Memorandum, ``Decision Memorandum for Final Results of
Countervailing Duty 2014 Administrative Review: Steel Concrete
Reinforcing Bar from the Republic of Turkey,'' dated concurrently
with, and hereby adopted by this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the Appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Issues and Decision Memorandum are
identical in content.
Methodology
The Department conducted 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
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\2\ For a full description of the
methodology underlying all of the Department's conclusions, see the
Issues and 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.
---------------------------------------------------------------------------
Partial Rescission of Review
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 determine that Habas is not subject to this administrative
review. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding
the review with respect to Habas.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates for the period September 15, 2014,
through December 31, 2014:
---------------------------------------------------------------------------
\5\ 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
Company ad valorem
(percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......... * 0.01
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan * 0.02
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 known 0.00
as Tata Steel International (Hong Kong))...............
[[Page 26909]]
Tata Steel UK \5\....................................... 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,\6\ we are
applying to the non-selected companies the rates calculated for the
mandatory respondents, which are de minimis.
---------------------------------------------------------------------------
\6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. May 2, 2016).
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Disclosure
We will disclose to the parties in this proceeding the calculations
performed for these final results within five days of the date of
publication of this notice in the Federal Register.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), the Department intends to
issue assessment instructions to U.S. Customs and Border Protection
(CBP) 15 days after the date of publication of these final results of
review to liquidate shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after September 15,
2014, through December 31, 2014, without regard to countervailing
duties because a de minimis subsidy rate was determined for each of the
above listed companies.
The Department also intends to instruct CBP to collect cash
deposits of zero percent for each company listed on shipments of the
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
collect cash deposits of estimated countervailing duties 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.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to parties subject to
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 written
notification of the return or 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 sanctionable
violation.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213(d)(4) and 19 CFR 351.221(b)(5).
Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
APPENDIX
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Analysis of Programs
A. Programs Determined To Be Countervailable
1. Rediscount Program
2. Assistance To Offset Costs Related To AD/CVD Investigations
B. Programs Determined To Not Be Countervailable
1. Purchase of Electricity for More Than Adequate Remuneration
(MTAR)--Sales on the Grid
2. Purchase of Electricity for MTAR--Sales to Public Buyers
C. Program Determined To Not Be Countervailable For a Respondent
1. Provision of Natural Gas for Less Than Adequate Remuneration
(LTAR)
D. Programs Determined To Not Confer Countervailable Benefits
1. Reduction and Exemption of Licensing Fees for Renewable
Resource Power Plants
2. Investment Incentive Certificates
E. Programs 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. Value Added Tax (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
VII. Analysis of Comments
Comment 1: Whether the Purchase of Electricity for MTAR Is
Countervailable
Comment 2: Whether the Department Should Countervail the
Provision of Lignite for LTAR
Comment 3: Whether the Department Should Countervail the
Provision of Natural Gas for LTAR
Comment 4: Whether the Assistance to Offset Costs Related to AD/
CVD Investigation Is Countervailable
Comment 5: Whether the Department Should Have Required a
Response From Kaptan Demir's Cross-Owned Power Producer
VIII. Conclusion
[FR Doc. 2017-12108 Filed 6-9-17; 8:45 am]
BILLING CODE 3510-DS-P
