Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2016, 63472-63474 [2018-26654]
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63472
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
Assessment Rates
In accordance with 19 CFR
351.212(b)(2), we intend to issue
appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after the date of publication of the
final results of this review. We will
instruct CBP to liquidate shipments of
subject merchandise produced and/or
exported by the company listed above,
entered, or withdrawn from warehouse,
for consumption, from January 1, 2016,
through December 31, 2016, at the ad
valorem rate listed above.
Cash Deposit Requirements
We intend also to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amount
shown above for BTIC, on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms,
Commerce will instruct CBP to continue
to collect cash deposits at the most
recent company-specific or all-others
rate applicable to the company, as
appropriate. Accordingly, the cash
deposit requirements that will be
applied to companies covered by this
order, but not examined in this
administrative review, are those
established in the most recently
completed segment of the proceeding
for each company. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibilities concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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 terms of an APO is a
violation which is subject to sanction.
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
5 As discussed in the Preliminary Decision
Memorandum, we have found the following
companies to be cross-owned with BTIC: Tianjin
Tianhai High Pressure Container Co., Ltd.; Langfang
Tianhai High Pressure Container Co., Ltd.; Beijing
Jingcheng Machinery Electric Holding Co., Ltd.; and
Beijing Jingcheng Machinery Electric Co., Ltd.
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17:10 Dec 07, 2018
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Dated: November 30, 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. Scope of the Order
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether to Include or Reject
the Russian Benchmark Prices for the
Provision of Seamless Tube Steel for
LTAR
Comment 2: If Including the Russian
Benchmark Prices, Whether to Use a
Weighted Average World Price to
Calculate the Benchmark
Comment 3: Whether to Base Benchmark
Prices for Billets and Seamless Tube
Steel on a Basket HTS Provision
Comment 4: Whether to Average Three
Datasets Rather than Two Datasets for
the Benchmark for the Provision of
Seamless Tube Steel for LTAR
Comment 5: Whether to Use the
Petitioner’s Ocean Freight Data
Comment 6: Whether to Change the
Electricity Benchmark
Comment 7: Whether to Calculate Separate
Subsidy Rates for High-Quality
Chromium Molybdenum Alloy Steel
Billets and Blooms and for Standard
Commodity Steel Billets
Comment 8: Whether to Apply AFA to the
Export Buyer’s Credit Program
Comment 9: Whether Commerce Properly
Applied the AFA Hierarchy to the Export
Buyer’s Credit Program
Comment 10: Whether to Use BTIC’s
Updated Spreadsheet to Calculate the
Other Subsidies
IX. Conclusion
[FR Doc. 2018–26651 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Countervailing Duty
Administrative Review and Intent To
Rescind the Review in Part; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminary determines
AGENCY:
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that producers/exporters of steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey) received
countervailable subsidies during the
period of review (POR) January 1
through December 31, 2016. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks, 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) 482–2670.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2018, Commerce
published a notice of initiation of an
administrative review of the CVD order
on rebar from Turkey.1 On July 10,
2018, Commerce extended the deadline
for the preliminary results to December
3, 2018.2 Commerce preliminarily
determines that the mandatory
respondents: Colakoglu Dis Ticaret A.S.
(COTAS) and Colakoglu Metalurji A.S.
(Colakoglu Metalurji) (collectively,
Colakoglu), Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S. (Icdas), and
Kaptan Demir Celik Endustrisi ve
Ticaret A.S. (Kaptan Demir) and Kaptan
Metal Dis Ticaret Ve Nakliyat A.S.
(Kaptan Metal) (collectively, Kaptan)
each received countervailable subsidies
during the POR. For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.3 A
list of topics discussed in the
Preliminary Decision Memorandum is
included at the Appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329, 1334 (January 11, 2018); See also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058, 8067 n.6
(February 23, 2018).
2 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from the Republic of Turkey: Extension of
Deadline for Preliminary Results in 2016
Countervailing Duty Administrative Review,’’ dated
July 10, 2018.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review of and the Preliminary
Intent to Rescind, in Part: Steel Concrete
Reinforcing Bar from the Republic of Turkey;
2016,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\10DEN1.SGM
10DEN1
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The merchandise covered by the order
is steel concrete reinforcing bar (rebar)
imported in either straight length or coil
form regardless of metallurgy, length,
diameter, or grade. For a complete
description of the scope, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, we preliminarily find
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 our
conclusions, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
DufEnergy Trading SA (DufEnergy),
Duferco Celik Ticaret Limited (Duferco),
and Ekinciler Demir ve Celik Sanayi
A.S. (Ekinciler) timely filed noshipments certifications.5 Because there
is no evidence on the record to indicate
that DufEnergy, Duferco, or Ekinciler
had entries, exports, or sales of subject
merchandise to the United States during
the POR, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the
review with respect to these companies.
Entries of merchandise produced and
exported by Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas) are not
subject to countervailing duties under
this Order because the Commerce’s final
determination 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 this Order.
Because there is no evidence on the
record of entries of merchandise
produced by another entity and
exported by Habas, or entries of
merchandise produced by Habas and
exported by another entity, we
preliminarily determine that Habas is
not subject to this administrative
review. Therefore, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the
review with respect to Habas. A final
decision on whether to rescind the
review of DufEnergy, Duferco, Ekinciler,
and Habas will be made in the final
results of this administrative review.
Companies Not Selected for Individual
Review
For these preliminary results, Icdas is
the sole mandatory respondent with a
calculated rate above de minimis.
Therefore, we are assigning Icdas’ net
countervailable subsidy rate of 1.37
percent ad valorem to the 11 remaining
non-selected companies, for which an
individual rate was not calculated. This
is consistent with our practice,7 and in
accordance with section 705(c)(5)(A) of
the Act.
Preliminary Results of the Review
We preliminarily find that the net
countervailable subsidy rates for the
period January 1, 2016, through
December 31, 2016, are as follows:
Subsidy Rate
Ad Valorem
(percent)
Company
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its cross-owned affiliates 8 ...............................................................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their cross-owned affiliates 9.
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. and their cross-owned affiliates10 .................................................
Acemar International Limited ...................................................................................................................................................
Agir Haddecilik A.S. .................................................................................................................................................................
As Gaz Sinai ve Tibbi Gazlar A.S. ..........................................................................................................................................
Asil Celik Sanayi ve Ticaret A.S. .............................................................................................................................................
Ege Celik Endustrisi Sanayi ve Ticaret A.S. ...........................................................................................................................
Izmir Demir Celik Sanayi A.S. .................................................................................................................................................
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 ......................................................................................................................................................
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
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.
5 See DufEnergy’s letter, ‘‘Steel Concrete
Reinforcing Bar from Turkey; No Shipments Letter
for DufEnergyTrading SA (formerly known as
Duferco Investment Services SA),’’ dated January
29, 2018; Duferco’s letter, ‘‘Steel Concrete
Reinforcing Bar from Turkey; No Shipments Letter
for Duferco Celik Ticaret Limited,’’ dated January
29, 2018; and Ekinciler’s letter, ‘‘Hot-Rolled Steel
Products from Turkey (C–489–819): Countervailing
VerDate Sep<11>2014
17:10 Dec 07, 2018
Jkt 247001
63473
1.37
0.22 (de minimis)
0.04 (de minimis)
1.37
1.37
1.37
1.37
1.37
1.37
1.37
1.37
1.37
1.37
1.37
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries covered by
this review. We intend to issue
instructions to CBP 15 days after
publication of the final results of this
review.
Duty Administrative Review (01/01/16–12/31/16),’’
dated January 24, 2018.
6 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
79 FR 54963, 54964 (September 15, 2014).
7 See, e.g., Certain Pasta from Italy: Final Results
of the 2008 Countervailable Review, 75 FR 37386,
37387 (June 29, 2010).
8 Commerce preliminarily finds 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 Icdas Elektrik Enerjisi Uretim ve
Yatirim A.S.
9 Commerce preliminarily finds the following
companies to be cross-owned with Kaptan: Martas
Marmara Ereglisi Liman Tesisleri A.S., Aset
Madencilik A.S., and Kaptan Is Makinalari Hurda
Alim Satim Ltd. Sti.
10 Commerce preliminarily finds the following
companies to be cross-owned with Colakoglu:
Demirsan Haddecilik San. Ve Tic. A.S.
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63474
Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated above for the reviewed
companies, with regard to shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to collect cash
deposits 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.
Disclosure and Public Comment
We will disclose to the parties in this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of this notice.11 Interested
parties may submit written arguments
(case briefs) on the preliminary results
within 30 days of publication of the
preliminary results, and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.12 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) Statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.13
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request within 30 days after the date of
publication of this notice.14 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If Commerce
receives a request for a hearing, we will
inform parties of the scheduled date for
the hearing, which will be held at the
main Department of Commerce building
at a time and location to be
determined.15 Parties should confirm by
telephone the date, time, and location of
the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
11 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
19 CFR 351.303 (for general filing requirements).
13 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310.
12 See
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17:10 Dec 07, 2018
Jkt 247001
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: December 3, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Intent to Rescind the 2016 Administrative
Review, in Part
A. DufEnergy Trading SA (DufEnergy);
Duferco Celik Ticaret Limited (Duferco);
and Ekinciler Demir ve Celik Sanayi A.S.
(Ekinciler)
B. Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (Habas)
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
A. Allocation Period
B. Cross-Ownership
1. Colakoglu
2. Icdas
3. Kaptan
C. Denominators
D. Loan Benchmarks and Discount Rates
E. Uncreditworthiness of Icdas Elektrik
VII. Analysis of Programs
A. Programs Preliminarily Determined To
Be Countervailable
1. Deduction From Taxable Income for
Export Revenue
2. Rediscount Program
3. Purchase of Electricity Generated from
Renewable Resources for More Than
Adequate Remuneration (MTAR)—
Renewable Energy Sources Support
Mechanism (YEKDEM)
4. Investment Incentive Certificates
5. Provision of Natural Gas for LTAR
B. Programs Preliminarily Determined To
Not 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
3. Preferential Financing From the
Industrial Development Bank of Turkey
(TSKB)
4. Minimum Wage Support
C. Programs Preliminarily Determined Not
To Confer Countervailable Benefits
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Fmt 4703
Sfmt 4703
1. Inward Processing Regime (IPR)
2. Regional Investment Incentives
D. Programs Preliminarily Determined To
Provide No Measurable Benefit During
the POR
1. Assistance to Offset Costs Related to
Antidumping/CVD Investigations
2. Reduction and Exemption of Licensing
Fees for Renewable Resource Power
Plants
3. Assistance for Participation in Trade
Fairs Abroad
E. Programs Preliminarily Determined To
Not Be Used
1. Provision of Lignite for LTAR
2. Purchase of Electricity for MTAR—Sales
via Build-Operate-Own, Build-OperateTransfer, and Transfer of Operating
Rights Contracts
3. Research and Development Grant
Program
4. Export Credits, Loans, and Insurance
from Turk Eximbank
5. Large-Scale Investment Incentives
6. Strategic Investment Incentives
7. Incentives for Research & Development
Activities
8. Regional Development Subsidies
9. Comprehensive Investment Incentives
10. Preferential Financing from the Turkish
Development Bank
11. Liquefied Natural Gas for LTAR
VIII. Conclusion
[FR Doc. 2018–26654 Filed 12–7–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Final Results of the First Antidumping
Duty Administrative Review and Notice
of Amended Final Results of the First
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 5, 2018, the
United States Court of International
Trade (CIT or Court) entered final
judgment in The Stanley Works
(Langfang) Fastening Systems Co., Ltd.
v. United States, sustaining the final
results of remand redetermination
pertaining to the first administrative
review of the antidumping duty order
on certain steel nails from the People’s
Republic of China (China), covering the
period of review (POR) of January 23,
2008 through July 31, 2009. The
Department of Commerce (Commerce) is
notifying the public that the final
judgment in this case is not in harmony
with Commerce’s final results of the
first administrative review or the
AGENCY:
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63472-63474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26654]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review and
Intent To Rescind the Review in Part; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminary determines
that producers/exporters of steel concrete reinforcing bar (rebar) from
the Republic of Turkey (Turkey) received countervailable subsidies
during the period of review (POR) January 1 through December 31, 2016.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 10, 2018.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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) 482-2670.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2018, Commerce published a notice of initiation of
an administrative review of the CVD order on rebar from Turkey.\1\ On
July 10, 2018, Commerce extended the deadline for the preliminary
results to December 3, 2018.\2\ Commerce preliminarily determines that
the mandatory respondents: Colakoglu Dis Ticaret A.S. (COTAS) and
Colakoglu Metalurji A.S. (Colakoglu Metalurji) (collectively,
Colakoglu), Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas),
and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan Demir) and
Kaptan Metal Dis Ticaret Ve Nakliyat A.S. (Kaptan Metal) (collectively,
Kaptan) each received countervailable subsidies during the POR. For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\3\ A list of topics
discussed in the Preliminary Decision Memorandum is included at the
Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users
[[Page 63473]]
at https://access.trade.gov and is available to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329, 1334 (January 11, 2018); See
also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058, 8067 n.6 (February 23, 2018).
\2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results in
2016 Countervailing Duty Administrative Review,'' dated July 10,
2018.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review of and the
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing
Bar from the Republic of Turkey; 2016,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is steel concrete reinforcing
bar (rebar) imported in either straight length or coil form regardless
of metallurgy, length, diameter, or grade. For a complete description
of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find 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 our conclusions, see the Preliminary 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.
---------------------------------------------------------------------------
Intent To Rescind Administrative Review, in Part
DufEnergy Trading SA (DufEnergy), Duferco Celik Ticaret Limited
(Duferco), and Ekinciler Demir ve Celik Sanayi A.S. (Ekinciler) timely
filed no-shipments certifications.\5\ Because there is no evidence on
the record to indicate that DufEnergy, Duferco, or Ekinciler had
entries, exports, or sales of subject merchandise to the United States
during the POR, pursuant to 19 CFR 351.213(d)(3), we intend to rescind
the review with respect to these companies.
---------------------------------------------------------------------------
\5\ See DufEnergy's letter, ``Steel Concrete Reinforcing Bar
from Turkey; No Shipments Letter for DufEnergyTrading SA (formerly
known as Duferco Investment Services SA),'' dated January 29, 2018;
Duferco's letter, ``Steel Concrete Reinforcing Bar from Turkey; No
Shipments Letter for Duferco Celik Ticaret Limited,'' dated January
29, 2018; and Ekinciler's letter, ``Hot-Rolled Steel Products from
Turkey (C-489-819): Countervailing Duty Administrative Review (01/
01/16-12/31/16),'' dated January 24, 2018.
---------------------------------------------------------------------------
Entries of merchandise produced and exported by Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to
countervailing duties under this Order because the Commerce's final
determination 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 this Order.
---------------------------------------------------------------------------
\6\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, 79 FR 54963,
54964 (September 15, 2014).
---------------------------------------------------------------------------
Because there is no evidence on the record of entries of
merchandise produced by another entity and exported by Habas, or
entries of merchandise produced by Habas and exported by another
entity, we preliminarily determine that Habas is not subject to this
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we
intend to rescind the review with respect to Habas. A final decision on
whether to rescind the review of DufEnergy, Duferco, Ekinciler, and
Habas will be made in the final results of this administrative review.
Companies Not Selected for Individual Review
For these preliminary results, Icdas is the sole mandatory
respondent with a calculated rate above de minimis. Therefore, we are
assigning Icdas' net countervailable subsidy rate of 1.37 percent ad
valorem to the 11 remaining non-selected companies, for which an
individual rate was not calculated. This is consistent with our
practice,\7\ and in accordance with section 705(c)(5)(A) of the Act.
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\7\ See, e.g., Certain Pasta from Italy: Final Results of the
2008 Countervailable Review, 75 FR 37386, 37387 (June 29, 2010).
\8\ Commerce preliminarily finds 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 Icdas Elektrik Enerjisi Uretim ve Yatirim A.S.
\9\ Commerce preliminarily finds the following companies to be
cross-owned with Kaptan: Martas Marmara Ereglisi Liman Tesisleri
A.S., Aset Madencilik A.S., and Kaptan Is Makinalari Hurda Alim
Satim Ltd. Sti.
\10\ Commerce preliminarily finds the following companies to be
cross-owned with Colakoglu: Demirsan Haddecilik San. Ve Tic. A.S.
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Preliminary Results of the Review
We preliminarily find that the net countervailable subsidy rates
for the period January 1, 2016, through December 31, 2016, are as
follows:
------------------------------------------------------------------------
Company Subsidy Rate Ad Valorem (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim 1.37
Sanayi A.S. and its cross-owned
affiliates \8\.
Kaptan Demir Celik Endustrisi ve 0.22 (de minimis)
Ticaret A.S. and Kaptan Metal Dis
Ticaret ve Nakliyat A.S. and their
cross-owned affiliates \9\.
Colakoglu Dis Ticaret A.S. and 0.04 (de minimis)
Colakoglu Metalurji A.S. and their
cross-owned affiliates\10\.
Acemar International Limited......... 1.37
Agir Haddecilik A.S.................. 1.37
As Gaz Sinai ve Tibbi Gazlar A.S..... 1.37
Asil Celik Sanayi ve Ticaret A.S..... 1.37
Ege Celik Endustrisi Sanayi ve 1.37
Ticaret A.S..
Izmir Demir Celik Sanayi A.S......... 1.37
Kocaer Haddecilik Sanayi Ve Ticar L.. 1.37
Mettech Metalurji Madencilik 1.37
Muhendislik Uretim Danismanlik ve
Ticaret Limited Sirketi.
MMZ Onur Boru Profil A.S............. 1.37
Ozkan Demir Celik Sanayi A.S......... 1.37
Wilmar Europe Trading BV............. 1.37
------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
[[Page 63474]]
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above for the reviewed companies, with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to collect cash deposits at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
We will disclose to the parties in this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of this notice.\11\ Interested parties may submit
written arguments (case briefs) on the preliminary results within 30
days of publication of the preliminary results, and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\12\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) Statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\13\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\13\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request within 30 days after
the date of publication of this notice.\14\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If Commerce
receives a request for a hearing, we will inform parties of the
scheduled date for the hearing, which will be held at the main
Department of Commerce building at a time and location to be
determined.\15\ Parties should confirm by telephone the date, time, and
location of the hearing.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: December 3, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Intent to Rescind the 2016 Administrative Review, in Part
A. DufEnergy Trading SA (DufEnergy); Duferco Celik Ticaret
Limited (Duferco); and Ekinciler Demir ve Celik Sanayi A.S.
(Ekinciler)
B. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas)
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
A. Allocation Period
B. Cross-Ownership
1. Colakoglu
2. Icdas
3. Kaptan
C. Denominators
D. Loan Benchmarks and Discount Rates
E. Uncreditworthiness of Icdas Elektrik
VII. Analysis of Programs
A. Programs Preliminarily Determined To Be Countervailable
1. Deduction From Taxable Income for Export Revenue
2. Rediscount Program
3. Purchase of Electricity Generated from Renewable Resources
for More Than Adequate Remuneration (MTAR)--Renewable Energy Sources
Support Mechanism (YEKDEM)
4. Investment Incentive Certificates
5. Provision of Natural Gas for LTAR
B. Programs Preliminarily Determined To Not 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
3. Preferential Financing From the Industrial Development Bank
of Turkey (TSKB)
4. Minimum Wage Support
C. Programs Preliminarily Determined Not To Confer
Countervailable Benefits
1. Inward Processing Regime (IPR)
2. Regional Investment Incentives
D. Programs Preliminarily Determined To Provide No Measurable
Benefit During the POR
1. Assistance to Offset Costs Related to Antidumping/CVD
Investigations
2. Reduction and Exemption of Licensing Fees for Renewable
Resource Power Plants
3. Assistance for Participation in Trade Fairs Abroad
E. Programs Preliminarily Determined To Not Be Used
1. Provision of Lignite for LTAR
2. Purchase of Electricity for MTAR--Sales via Build-Operate-
Own, Build-Operate-Transfer, and Transfer of Operating Rights
Contracts
3. Research and Development Grant Program
4. Export Credits, Loans, and Insurance from Turk Eximbank
5. Large-Scale Investment Incentives
6. Strategic Investment Incentives
7. Incentives for Research & Development Activities
8. Regional Development Subsidies
9. Comprehensive Investment Incentives
10. Preferential Financing from the Turkish Development Bank
11. Liquefied Natural Gas for LTAR
VIII. Conclusion
[FR Doc. 2018-26654 Filed 12-7-18; 8:45 am]
BILLING CODE 3510-DS-P
