Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2017, 48583-48584 [2019-19921]

Download as PDF 48583 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–19923 Filed 9–13–19; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–830] Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminary determines that a producer/exporter of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) received countervailable subsidies during the period of review (POR) March 1, 2017 through December 31, 2017. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 16, 2019. FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3870. SUPPLEMENTARY INFORMATION: AGENCY: jspears on DSK3GMQ082PROD with NOTICES Background On September 10, 2018, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order on rebar from Turkey.1 On March 28, 2019, Commerce extended the deadline for the preliminary results to September 6, 2019.2 Commerce preliminarily finds that the mandatory respondent, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas),3 received countervailable 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 45596, 45606 (September 10, 2018). 2 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from the Republic of Turkey: Extension of Deadline for Preliminary Results in 2017 Countervailing Duty Administrative Review,’’ dated March 28, 2019. 3 Habas is the sole Turkish rebar producer/ exporter excluded from the existing CVD order on rebar from Turkey. See Steel Concrete Reinforcing Bar from the Republic of Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order). VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 subsidies during the POR. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 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 at http:// access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. On January 28, 2019, Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.5 On August 7, 2019 Commerce postponed the preliminary results of this review until September 6, 2019.6 Scope of the Order The merchandise covered by the order is rebar from Turkey. 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 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review: Steel Concrete Reinforcing Bar from the Republic of Turkey; 2017,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 6 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from the Republic of Turkey: Second Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review—2017–2018,’’ dated August 7, 2019. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 specific.7 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of the Review Commerce calculated an individual estimated countervailable subsidy rate for Habas, the only individually examined exporter/producer in this review, for the period March 1, 2017 through December 31, 2017, as follows: Company Subsidy rate ad valorem (percent) Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.8 .......... 3.08 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. 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 other firms, we will instruct CBP to collect cash deposits at the most recent company-specific or allothers 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.9 Interested parties may submit written arguments 7 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. 8 This rate applies only to merchandise both produced and exported by Habas. Merchandise produced by Habas, but exported by another company, or produced by another company and exported by Habas continues to be covered by the 2014 Turkey CVD Order. 9 See 19 CFR 351.224(b). E:\FR\FM\16SEN1.SGM 16SEN1 48584 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices (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.10 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.11 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.12 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.13 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. 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: September 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jspears on DSK3GMQ082PROD with NOTICES Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information V. Analysis of Programs 10 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 351.303 (for general filing requirements). 11 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 12 See 19 CFR 351.310(c). 13 See 19 CFR 351.310. VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 VIII. Conclusion [FR Doc. 2019–19921 Filed 9–13–19; 8:45 am] BILLING CODE 3510–DS–P racks from China, within the meaning of sections 735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act.3 Scope of the Orders DEPARTMENT OF COMMERCE International Trade Administration [A–570–088, C–570–089] Certain Steel Racks and Parts Thereof From the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) and countervailing duty (CVD) orders on certain steel racks and parts thereof (steel racks) from the People’s Republic of China (China). In addition, Commerce is amending its final determination of sales at less than fair value (LTFV) to correct ministerial errors. DATES: Applicable September 16, 2019. FOR FURTHER INFORMATION CONTACT: Maliha Khan (AD) or Robert Galantucci (CVD), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0895 and (202) 482–2923, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 705(d) of the Tariff Act of 1930, as amended (the Act), on July 24, 2019, Commerce published its affirmative final determination of sales at LTFV 1 and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of steel racks from China.2 On September 9, 2019, the ITC notified Commerce of its final affirmative determination that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of steel 1 See Certain Steel Racks and Parts Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 84 FR 35595 (July 24, 2019) (AD Final Determination). 2 See Certain Steel Racks and Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 84 FR 35592 (July 24, 2019) (CVD Final Determination). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 The products covered by these orders are steel racks from China. For a complete description of the scope of the orders, see the Appendix to this notice. Amendment to the Final Determination of Sales at LTFV Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and (f), Commerce is amending the AD Final Determination to correct two ministerial errors. A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.4 In the AD Final Determination, we made ministerial errors by including a surrogate value for brokerage and handling (B&H) expenses in our surrogate value spreadsheet and by stating that we added surrogate B&H expenses to movement expenses for material inputs when we did not do so. The record demonstrates that we intentionally did not add surrogate B&H expenses to movement expenses for material inputs. Therefore, we are amending the AD Final Determination to correct our misstatement regarding the addition of surrogate B&H expenses and to clarify our intention with respect to the inclusion of those expenses in the surrogate values for material inputs. First, we did not add surrogate B&H expenses to movement expenses for material inputs in the AD Final Determination. Our statement that we did add these expenses is incorrect. Second, our statements in the AD Final Determination mischaracterize our intention with respect to B&H expenses related to the movement of material inputs. Our statements indicate that we intended to add surrogate B&H expenses to movement expenses for material inputs when we did not. For further details, see the Ministerial Error Memorandum.5 3 See ITC September 9, 2019 letter regarding notification of final determinations (ITC Notification). 4 See section 735(e) of the Act; and 19 CFR 351.224(f). 5 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Steel Racks and Parts Thereof from the People’s Republic of China: Allegation of Ministerial Errors in the Final Determination,’’ dated September 10, 2019 (Ministerial Error Memorandum). E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48583-48584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19921]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-830]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review; 2017

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

SUMMARY: The Department of Commerce (Commerce) preliminary determines 
that a producer/exporter of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey) received countervailable subsidies 
during the period of review (POR) March 1, 2017 through December 31, 
2017. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 16, 2019.

FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3870.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2018, Commerce published a notice of initiation of 
an administrative review of the countervailing duty (CVD) order on 
rebar from Turkey.\1\ On March 28, 2019, Commerce extended the deadline 
for the preliminary results to September 6, 2019.\2\ Commerce 
preliminarily finds that the mandatory respondent, Habas Sinai ve Tibbi 
Gazlar Istihsal Endustrisi A.S. (Habas),\3\ 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.\4\ 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 at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://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 45596, 45606 (September 10, 2018).
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results in 
2017 Countervailing Duty Administrative Review,'' dated March 28, 
2019.
    \3\ Habas is the sole Turkish rebar producer/exporter excluded 
from the existing CVD order on rebar from Turkey. See Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Countervailing Duty 
Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey; 2017,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

    On January 28, 2019, Commerce exercised its discretion to toll all 
deadlines affected by the partial federal government closure from 
December 22, 2018 through the resumption of operations on January 29, 
2019.\5\ On August 7, 2019 Commerce postponed the preliminary results 
of this review until September 6, 2019.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \6\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Second Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review--2017-2018,'' 
dated August 7, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is rebar from Turkey. 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.\7\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

Preliminary Results of the Review

    Commerce calculated an individual estimated countervailable subsidy 
rate for Habas, the only individually examined exporter/producer in 
this review, for the period March 1, 2017 through December 31, 2017, as 
follows:

------------------------------------------------------------------------
                                                               Subsidy
                                                               rate ad
                          Company                              valorem
                                                              (percent)
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.\8\....        3.08
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \8\ This rate applies only to merchandise both produced and 
exported by Habas. Merchandise produced by Habas, but exported by 
another company, or produced by another company and exported by 
Habas continues to be covered by the 2014 Turkey CVD Order.
---------------------------------------------------------------------------

    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.

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 other 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.\9\ Interested parties may submit 
written arguments

[[Page 48584]]

(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.\10\ 
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.\11\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    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.\12\ 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.\13\ Parties should confirm by telephone the date, time, and 
location of the hearing.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    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: September 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VIII. Conclusion

[FR Doc. 2019-19921 Filed 9-13-19; 8:45 am]
BILLING CODE 3510-DS-P