Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2015, 16051-16054 [2018-07722]

Download as PDF Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices The Department of Commerce (Commerce) is amending the scope of the countervailing duty (CVD) investigation of certain uncoated groundwood paper (UGW paper) from Canada to conform with the scope published in the preliminary determination of the companion antidumping duty (AD) investigation of UGW paper from Canada. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable April 13, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Medley, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4987. SUPPLEMENTARY INFORMATION: SUMMARY: Background Commerce published its CVD Preliminary Determination on January 16, 2018.1 On March 19, 2018, Commerce published its AD Preliminary Determination, and amended the scope to exclude certain products, based upon comments received from interested parties.2 Amended Scope of the Investigation daltland on DSKBBV9HB2PROD with NOTICES The product covered by this investigation is UGW paper from Canada. We are amending the scope of the CVD investigation to conform with the scope of the companion AD investigation, including the exclusions of: (1) Certain uncoated groundwood paper which has undergone a creping process over the entire surface area of the paper; (2) certain uncoated groundwood construction paper and uncoated groundwood manila drawing paper in sheet or roll format; and (3) certain uncoated groundwood directory paper. These exclusions were first enumerated in the AD Preliminary Determination. For a complete description of the amended scope of this investigation, see Appendix I. 1 See Certain Uncoated Groundwood Paper from Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 2133 (January 16, 2018) (CVD Preliminary Determination). 2 See Certain Uncoated Groundwood Paper from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 11960 (March 19, 2018) (AD Preliminary Determination) and accompanying Preliminary Decision Memorandum. See also, Memorandum ‘‘Certain Uncoated Groundwood Paper from Canada: Scope Comments Decision Memorandum for the Preliminary Determination,’’ dated March 12, 2018, which was placed on the record of both the AD and CVD investigations. VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 Suspension of Liquidation We have not revised the estimated cash deposit rates published in the CVD Preliminary Determination. In accordance with section 703(d)(1)(B) and (d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of subject merchandise as described in the amended scope of the investigation, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to continue to require a cash deposit, pursuant to 19 CFR 351.205(d). Additionally, because certain products are now excluded from the scope of the investigation, Commerce will instruct CBP to terminate suspension of liquidation of those excluded products, and to refund any cash deposits previously posted with respect to them. Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission of its amended determination. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: April 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I 16051 have undergone a supercalendering process.3 Additionally, excluded are papers that otherwise meet this definition, but which have undergone a creping process over the entire surface area of the paper. Also excluded are uncoated groundwood construction paper and uncoated groundwood manila drawing paper in sheet or roll format. Excluded uncoated groundwood construction paper and uncoated groundwood manila drawing paper: (a) Have a weight greater than 61 grams per square meter; (b) have a thickness greater than 6.1 caliper, i.e., greater than .0061’’ or 155 microns; (c) are produced using at least 50 percent thermomechanical pulp; and (d) have a shade, as measured by CIELAB, as follows: L* less than or 75.0 or b* greater than or equal to 25.0. Also excluded is uncoated groundwood directory paper that: (a) Has a basis weight of 34 grams per square meter or less; and (b) has a thickness of 2.6 caliper mils or 66 microns or less. Certain uncoated groundwood paper is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) in several subheadings, including 4801.00.0120, 4801.00.0140, 4802.61.1000, 4802.61.2000, 4802.61.3110, 4802.61.3191, 4802.61.6040, 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.6140, 4802.69.1000, 4802.69.2000, and 4802.69.3000. Subject merchandise may also be imported under several additional subheadings including 4805.91.5000, 4805.91.7000, and 4805.91.9000.4 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2018–07723 Filed 4–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Amended Scope of the Investigation The merchandise covered by this investigation includes certain paper that has not been coated on either side and with 50 percent or more of the cellulose fiber content consisting of groundwood pulp, including groundwood pulp made from recycled paper, weighing not more than 90 grams per square meter. Groundwood pulp includes all forms of pulp produced from a mechanical pulping process, such as thermo-mechanical process (TMP), chemi-thermo mechanical process (CTMP), bleached chemi-thermo mechanical process (BCTMP) or any other mechanical pulping process. The scope includes paper shipped in any form, including but not limited to both rolls and sheets. Certain uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, and printing and writing papers. The scope includes paper that is white, offwhite, cream, or colored. Specifically excluded from the scope are imports of certain uncoated groundwood paper printed with final content of printed text or graphic. Also excluded are papers that otherwise meet this definition, but which PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 [C–489–819] Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji AGENCY: 3 Supercalendering imparts a glossy finish produced by the movement of the paper web through a supercalender which is a stack of alternating rollers of metal and cotton (or other softer material). The supercalender runs at high speed and applies pressure, heat, and friction which glazes the surface of the paper, imparting gloss to the surface and increasing the paper’s smoothness and density. 4 The following HTSUS numbers are no longer active as of January 1, 2017: 4801.00.0020, 4801.00.0040, 4802.61.3010, 4802.61.3091, and 4802.62.6040. E:\FR\FM\13APN1.SGM 13APN1 16052 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices A.S. (collectively, Colakoglu), and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), producers/exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey), did not receive countervailable subsidies during the period of review (POR) covering January 1, 2015, through December 31, 2015. This review also covered 11 companies not individually examined, which Commerce determines received net countervailable subsidies during the POR. Additionally, we are rescinding the review for two companies for which reviews were requested. DATES: Applicable April 13, 2018. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this administrative review on December 6, 2017.1 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now April 9, 2018.2 daltland on DSKBBV9HB2PROD with NOTICES 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 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent to Rescind the Review in Part; 2015, 82 FR 57574 (December 6, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 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.3 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 Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology Commerce 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.4 For a full description of the methodology underlying all of Commerce’s 3 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) (Order). For a full description of the scope of this order see Memorandum, ‘‘Decision Memorandum for Final Results of Countervailing Duty 2015 Administrative Review: Steel Concrete Reinforcing Bar from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by this notice (Issues and Decision Memorandum). 4 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 conclusions, see the Issues and Decision Memorandum. Partial Rescission of Review Agir Haddecilik A.S. (Agir) 5 timely filed a no-shipments certification. U.S. Customs and Border Protection (CBP) did not provide to Commerce any information that contradicted this noshipments certification. Consequently, in the Preliminary Results, Commerce announced its intent to rescind the review of Agir. No interested party submitted comments on Commerce’s intent to rescind the review of Agir. Because there is no evidence on the record to indicate that Agir had entries, exports, or sales of subject merchandise to the United States during the POR, pursuant to 19 CFR 351.213(d)(3), we are rescinding the review with respect to Agir. 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 final determination of the investigation with respect to this producer/exporter combination was negative.6 However, 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. No interested party submitted comments on Commerce’s intent to rescind the review of Habas. 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 January 1, 2015, through December 31, 2015: 5 Agir was previously known as Agir Haddecilik Makina ve Sanayi Ticaret Ltd. Sti. Agir’s former name was included in the Initiation Notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4294, 4298 (January 13, 2017) (Initiation Notice). 6 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) (Turkey Rebar Final Determination). E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices 16053 Subsidy rate ad valorem (percent) Company Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its cross-owned affiliates 7 ........................................................................... Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S .................................................................................................................... Acemar International Limited ............................................................................................................................................................... As Gaz Sinai ve Tibbi Azlar A.S.9 ....................................................................................................................................................... Asil Celik Sanayi ve Ticaret A.S.10 ..................................................................................................................................................... Ege Celik Endustrisi Sanayi ve Ticaret A.S.11 .................................................................................................................................... Izmir Demir Celik Sanayi A.S .............................................................................................................................................................. Kaptan Demir Celik Endustrisi ve Ticaret A.S.12 and Kaptan Metal Dis Ticaret ve Nakliyat A.S.13 .................................................. Kocaer Haddecilik Sanayi Ve Ticar L .................................................................................................................................................. Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi ................................................................. MMZ Onur Boru Profil A.S .................................................................................................................................................................. Ozkan Demir Celik Sanayi A.S ........................................................................................................................................................... Wilmar Europe Trading BV .................................................................................................................................................................. * 0.02 * 0.18 8 1.25 1.25 1.25 1.25 1.25 * 14 0.02 1.25 1.25 1.25 1.25 1.25 * 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.15 daltland on DSKBBV9HB2PROD with NOTICES Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to CBP 15 7 We find the following companies to be crossowned with Icdas: Mardas Marmara Deniz Isletmeciligi A.S., Oraysan Insaat Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve Sanayi A.S., and Demir Sanayi Demir Celik Ticaret ve Sanayi A.S. 8 Commerce is assigning the rate of 1.25 percent ad valorem, the sole above de minimis rate calculated within a segment of this proceeding to the non-selected companies. This rate was calculated for Icdas in the underlying investigation. See Turkey Rebar Final Determination, 79 FR at 54964; see also Preliminary Results PDM at 6. 9 The company’s name was incorrectly spelled as As Gaz Sinai ve Tibbi Azlar AS. in the Initiation Notice. See Initiation Notice, 82 FR at 4298. 10 The company’s name was incorrectly spelled as Asil Celik Sanayi ve Ticaret AS. in the Initiation Notice. Id. 11 The company’s name was incorrectly spelled as Ege Celik Endustrisi Sanayi ve Ticaret AS. in the Initiation Notice. Id. 12 The company’s name was incorrectly spelled as Kaptan Demir Celik Industrisi ve Ticaret A.S. in the Initiation Notice. Id. 13 In its request for review, the petitioner listed the company name as Kaptan Metal Dis Tic Ve Nak AS. See Petitioner’s Letter, ‘‘Request for Administrative Review,’’ dated November 30, 2016, and Initiation Notice, 82 FR at 4298. The petitioner subsequently clarified that the review request was for Kaptan Metal Dis Ticaret ve Nakliyat A.S. See Petitioner’s Letter, ‘‘Response to Clarification Request,’’ dated July 26, 2017. 14 Consistent with Commerce’s practice, we continue to assign the rate of 0.02 percent ad valorem to Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S., based on their rate calculated in the prior administrative review. See Preliminary Results PDM at 5–6; see also Steel Concrete Reinforcing Bar from the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014, 82 FR 26907, 26908 (June 12, 2017). 15 See 19 CFR 351.224(b). VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 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 January 1, 2015, through December 31, 2015, for the above-listed companies at the ad valorem assessment rates listed, except for those companies to which a de minimis rate is assigned. Concerning those companies with a de minimis rate, Commerce intends to issue assessment instructions to CBP to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, without regard to countervailing duties. Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above, except, where the rate calculated in these final results is de minimis, no cash deposit will be required 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, effective upon publication of these final results, 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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: April 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Comments IV. Scope of the Order V. Partial Rescission of the 2015 Administrative Review VI. Non-Selected Rate VII. Subsidies Valuation Information VIII. Analysis of Programs A. Programs Determined To Be Countervailable 1. Rediscount Program 2. Deduction From Taxable Income for Export Revenue B. Programs Determined Not To Confer Countervailable Benefits 1. Provision of Natural Gas for Less Than Adequate Remuneration (LTAR) 2. Inward Processing Regime 3. Assistance To Offset Costs Related to Antidumping/CVD Investigations 4. Investment Incentive Certificates C. Programs Determined Not To Be Countervailable 1. Payments From the Turkish Employers’ Association of Metal Industries (MESS)—Social Security Premium Support 2. Payments From MESS—Occupational Health and Safety Support D. Programs Determined To Not Be Used E:\FR\FM\13APN1.SGM 13APN1 16054 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices 1. Purchase of Electricity for More Than Adequate Remuneration (MTAR)—Sales via Build-Operate-Own, Build-OperateTransfer, and Transfer of Operating Rights Contracts 2. Purchase of Electricity Generated From Renewable Resources for MTAR 3. Provision of Lignite for LTAR 4. Reduction and Exemption of Licensing Fees for Renewable Resource Power Plants 5. Research and Development Grant Program 6. Export Credits, Loans, and Insurance From Turk Eximbank 7. Regional Investment Incentives 8. Large-Scale Investment Incentives 9. Strategic Investment Incentives 10. Incentives for Research & Development Activities 11. Regional Development Subsidies IX. Analysis of Comments Comment: Whether Commerce Should Modify the Natural Gas Benchmark X. Conclusion [FR Doc. 2018–07722 Filed 4–12–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–843] Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2015– 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Navneet Education Ltd. (Navneet) made sales of certain lined paper products (CLPP) from India below normal value during the period of review (POR) September 1, 2015, through August 31, 2016, but SAB International (SAB) did not. DATES: Applicable April 13, 2018. FOR FURTHER INFORMATION CONTACT: Samuel Brummitt (for Navneet) and Cindy Robinson (for SAB), 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) 482–7851 or (202) 482–3797, respectively. AGENCY: daltland on DSKBBV9HB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Background On October 6, 2017, Commerce published the Preliminary Results.1 On 1 See Certain Lined Paper Products from India: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015–2016, 82 FR VerDate Sep<11>2014 17:41 Apr 12, 2018 Jkt 244001 November 6, 2017, the petitioners,2 Navneet, and SAB timely submitted their case briefs.3 On November 6, 2017, the petitioner submitted a request for a hearing, which it subsequently withdrew on December 8, 2017.4 On November 13, 2017, the petitioners and Navneet timely submitted their respective rebuttal briefs.5 On January 19, 2018, Commerce postponed the final results by 60 days, until April 4, 2018.6 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. The revised deadline for the final results of this review is now April 9, 2018.7 Scope of the Order The merchandise covered by the order is certain lined paper products. The merchandise subject to this order is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written 46764 (October 6, 2017) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 The petitioners are the Association of American School Paper Suppliers and its individual members. 3 See the petitioners’ letter titled, ‘‘Certain Lined Paper Products from India: Case Brief of the Association of American School Paper Suppliers,’’ dated November 6, 2017; see also Navneet’s letter titled, ‘‘Certain Lined Paper Products from India: Case Brief of Navneet Education Limited,’’ dated November 6, 2017; see also SAB’s letter titled, ‘‘Certain Lined Paper Products from India: SAB International Case Brief,’’ dated November 6, 2017. 4 See the petitioner’s letter titled, ‘‘Certain Lined Paper Products from India: Request for Hearing,’’ dated November 6, 2017; see also Memorandum to the File titled, ‘‘Petitioner’s Request for a Meeting in Lieu of a Hearing,’’ dated December 8, 2017. 5 See the petitioners’ letter titled, ‘‘Certain Lined Paper Products from India: Rebuttal Brief of the Association of American School Paper Suppliers,’’ dated November 13, 2017; see also Navneet’s letter titled, ‘‘Certain Lined Paper Products from India: Rebuttal Brief of Navneet Education Limited,’’ dated November 13, 2017. 6 See Memorandum titled ‘‘Certain Lined Paper Products from India: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review,’’ dated January 19, 2018. 7 See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding affected by the closure of the Federal Government, including the final results, have been extended by 3 days. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 product description of the scope remains dispositive.8 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on-file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit (CRU), room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made the following company-specific change to Navneet’s final margin calculation: (1) We did not make a duty drawback adjustment for duties paid on imported input materials used to produce the subject merchandise; (2) we made certain revisions to Navneet’s home market (HM) price to account for excise taxes and local body taxes; and (3) we made changes to Navneet’s HM program by converting the variable PRIMEH to ‘1’ to match the format used for the variable PRIMEU. As a result of these changes, we determine that Navneet made sales of subject merchandise below normal value during the POR and have calculated a final weighted-average dumping margin of 1.34 percent. We made no change to SAB’s preliminary SAS margin program and, therefore, SAB’s preliminary margin remains unchanged for these final results. Final Results of the Review As a result of this review, Commerce calculated the following dumping 8 For a complete description of the Scope of the Order, see Memorandum titled ‘‘Certain Lined Paper Products from India: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2015– 2016,’’ dated concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Pages 16051-16054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07722]


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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; 2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji

[[Page 16052]]

A.S. (collectively, Colakoglu), and Icdas Celik Enerji Tersane ve 
Ulasim Sanayi A.S. (Icdas), producers/exporters of steel concrete 
reinforcing bar (rebar) from the Republic of Turkey (Turkey), did not 
receive countervailable subsidies during the period of review (POR) 
covering January 1, 2015, through December 31, 2015. This review also 
covered 11 companies not individually examined, which Commerce 
determines received net countervailable subsidies during the POR. 
Additionally, we are rescinding the review for two companies for which 
reviews were requested.

DATES: Applicable April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review on December 6, 2017.\1\ Commerce exercised its discretion to 
toll all deadlines affected by the closure of the Federal Government 
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. The revised deadline for the final 
results of this review is now April 9, 2018.\2\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Results of Countervailing Duty Administrative 
Review and Intent to Rescind the Review in Part; 2015, 82 FR 57574 
(December 6, 2017) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by three days.
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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.\3\
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    \3\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order). For a full description of the scope of this order see 
Memorandum, ``Decision Memorandum for Final Results of 
Countervailing Duty 2015 Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey,'' dated concurrently 
with, and hereby adopted by this notice (Issues and Decision 
Memorandum).
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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 Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Issues and Decision Memorandum 
are identical in content.

Methodology

    Commerce 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.\4\ For a full description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
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    \4\ 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.
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Partial Rescission of Review

    Agir Haddecilik A.S. (Agir) \5\ timely filed a no-shipments 
certification. U.S. Customs and Border Protection (CBP) did not provide 
to Commerce any information that contradicted this no-shipments 
certification. Consequently, in the Preliminary Results, Commerce 
announced its intent to rescind the review of Agir. No interested party 
submitted comments on Commerce's intent to rescind the review of Agir. 
Because there is no evidence on the record to indicate that Agir had 
entries, exports, or sales of subject merchandise to the United States 
during the POR, pursuant to 19 CFR 351.213(d)(3), we are rescinding the 
review with respect to Agir.
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    \5\ Agir was previously known as Agir Haddecilik Makina ve 
Sanayi Ticaret Ltd. Sti. Agir's former name was included in the 
Initiation Notice. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 82 FR 4294, 4298 (January 13, 2017) 
(Initiation Notice).
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    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 final determination of the 
investigation with respect to this producer/exporter combination was 
negative.\6\ However, 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.
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    \6\ 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) (Turkey Rebar Final Determination).
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    No interested party submitted comments on Commerce's intent to 
rescind the review of Habas. 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 January 1, 2015, 
through December 31, 2015:

[[Page 16053]]



------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its          * 0.02
 cross-owned affiliates \7\.............................
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S..          * 0.18
Acemar International Limited............................        \8\ 1.25
As Gaz Sinai ve Tibbi Azlar A.S.\9\.....................            1.25
Asil Celik Sanayi ve Ticaret A.S.\10\...................            1.25
Ege Celik Endustrisi Sanayi ve Ticaret A.S.\11\.........            1.25
Izmir Demir Celik Sanayi A.S............................            1.25
Kaptan Demir Celik Endustrisi ve Ticaret A.S.\12\ and        * \14\ 0.02
 Kaptan Metal Dis Ticaret ve Nakliyat A.S.\13\..........
Kocaer Haddecilik Sanayi Ve Ticar L.....................            1.25
Mettech Metalurji Madencilik Muhendislik Uretim                     1.25
 Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................            1.25
Ozkan Demir Celik Sanayi A.S............................            1.25
Wilmar Europe Trading BV................................           1.25
------------------------------------------------------------------------
* 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.\15\
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    \7\ We find the following companies to be cross-owned with 
Icdas: Mardas Marmara Deniz Isletmeciligi A.S., Oraysan Insaat 
Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve Sanayi A.S., 
and Demir Sanayi Demir Celik Ticaret ve Sanayi A.S.
    \8\ Commerce is assigning the rate of 1.25 percent ad valorem, 
the sole above de minimis rate calculated within a segment of this 
proceeding to the non-selected companies. This rate was calculated 
for Icdas in the underlying investigation. See Turkey Rebar Final 
Determination, 79 FR at 54964; see also Preliminary Results PDM at 
6.
    \9\ The company's name was incorrectly spelled as As Gaz Sinai 
ve Tibbi Azlar AS. in the Initiation Notice. See Initiation Notice, 
82 FR at 4298.
    \10\ The company's name was incorrectly spelled as Asil Celik 
Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \11\ The company's name was incorrectly spelled as Ege Celik 
Endustrisi Sanayi ve Ticaret AS. in the Initiation Notice. Id.
    \12\ The company's name was incorrectly spelled as Kaptan Demir 
Celik Industrisi ve Ticaret A.S. in the Initiation Notice. Id.
    \13\ In its request for review, the petitioner listed the 
company name as Kaptan Metal Dis Tic Ve Nak AS. See Petitioner's 
Letter, ``Request for Administrative Review,'' dated November 30, 
2016, and Initiation Notice, 82 FR at 4298. The petitioner 
subsequently clarified that the review request was for Kaptan Metal 
Dis Ticaret ve Nakliyat A.S. See Petitioner's Letter, ``Response to 
Clarification Request,'' dated July 26, 2017.
    \14\ Consistent with Commerce's practice, we continue to assign 
the rate of 0.02 percent ad valorem to Kaptan Demir Celik Endustrisi 
ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S., based 
on their rate calculated in the prior administrative review. See 
Preliminary Results PDM at 5-6; see also Steel Concrete Reinforcing 
Bar from the Republic of Turkey: Final Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2014, 82 FR 
26907, 26908 (June 12, 2017).
    \15\ See 19 CFR 351.224(b).
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Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to 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 January 1, 2015, through December 31, 2015, for the above-listed 
companies at the ad valorem assessment rates listed, except for those 
companies to which a de minimis rate is assigned. Concerning those 
companies with a de minimis rate, Commerce intends to issue assessment 
instructions to CBP to liquidate shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 2015, through December 31, 2015, without regard to 
countervailing duties.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for each of the 
respective companies listed above, except, where the rate calculated in 
these final results is de minimis, no cash deposit will be required 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, effective upon publication of these final results, 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: April 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Comments
IV. Scope of the Order
V. Partial Rescission of the 2015 Administrative Review
VI. Non-Selected Rate
VII. Subsidies Valuation Information
VIII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Rediscount Program
    2. Deduction From Taxable Income for Export Revenue
    B. Programs Determined Not To Confer Countervailable Benefits
    1. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    2. Inward Processing Regime
    3. Assistance To Offset Costs Related to Antidumping/CVD 
Investigations
    4. Investment Incentive Certificates
    C. Programs Determined Not To Be Countervailable
    1. Payments From the Turkish Employers' Association of Metal 
Industries (MESS)--Social Security Premium Support
    2. Payments From MESS--Occupational Health and Safety Support
    D. Programs Determined To Not Be Used

[[Page 16054]]

    1. Purchase of Electricity for More Than Adequate Remuneration 
(MTAR)--Sales via Build-Operate-Own, Build-Operate-Transfer, and 
Transfer of Operating Rights Contracts
    2. Purchase of Electricity Generated From Renewable Resources 
for MTAR
    3. Provision of Lignite for LTAR
    4. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    5. Research and Development Grant Program
    6. Export Credits, Loans, and Insurance From Turk Eximbank
    7. Regional Investment Incentives
    8. Large-Scale Investment Incentives
    9. Strategic Investment Incentives
    10. Incentives for Research & Development Activities
    11. Regional Development Subsidies
IX. Analysis of Comments
    Comment: Whether Commerce Should Modify the Natural Gas 
Benchmark
X. Conclusion

[FR Doc. 2018-07722 Filed 4-12-18; 8:45 am]
 BILLING CODE 3510-DS-P