Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2017, 3030-3032 [2020-00743]
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3030
Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
Dated: January 10, 2020.
Jeffrey I. Kessler,
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. Margin Calculations
V. Discussion of the Issues
Comments Pertaining to Industeel
Comment 1: Accounting for Industeel’s
Rebate Costs
Comment 2: Write-down of Industeel’s
Inventory Reserves
Comments Pertaining to NLMK Belgium
Comment 3: Use of Adverse Facts
Available
Comment 4: Use of Partial Adverse Facts
Available
Comment 5: Difference-in-Merchandise
Adjustment
Comment 6: Level of Trade
Comment 7: Alternative Calculation of
Indirect Selling Expenses
Comment 8: Calculating Home Market
Short-term Borrowing
Comment 9: Calculating U.S. Short-term
Borrowing
Comment 10: Adjustments to International
Freight Expense
Comment 11: U.S. Billing Adjustment
Comment 12: Adjustments to U.S. Freight
Revenue
Comment 13: Home Market Inland Freight
and Warehouse Expense Adjustments
VI. Recommendation
[FR Doc. 2020–00760 Filed 1–16–20; 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; 2017
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
net countervailable subsidies during the
period of review (POR) January 1
through December 31, 2017. Commerce
preliminarily determines that the
mandatory respondents, Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas), and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. and Kaptan
Metal Dis Ticaret Ve Nakliyat A.S.
(collectively, Kaptan), each received de
lotter on DSKBCFDHB2PROD with NOTICES
AGENCY:
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minimis net countervailable subsidies
during the POR. This review also
includes 15 companies not individually
examined, which Commerce
preliminarily determines received net
countervailable subsidies. Interested
parties are invited to comment on these
preliminary results.
DATES:
Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker, 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) 482–0196.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on rebar from
Turkey.1 On July 25, 2019, Commerce
extended the deadline for the
preliminary results to January 9, 2020.2
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 as 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 https://
access.trade.gov, and 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 https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159, 2168 (February 6, 2019). A clarification
regarding the initiation was also published. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297, 9307 n.11
(March 14, 2019).
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
July 25, 2019.
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;
2017,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Preliminary Decision Memorandum are
identical in content.
Scope of the Order 4
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.5 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
Agir Haddecilik A.S. (Agir), Asil Celik
Sanayi ve Ticaret A.S. (Asil), Ege Celik
Endustrisi Sanayi ve Ticaret A.S. (Ege),
Ekinciler Demir ve Celik Sanayi
Anonim Sirketi (Ekinciler), and Kocaer
Haddecilik Sanayi ve Ticar (Kocaer)
timely filed no-shipments
certifications.6 U.S. Customs and Border
Protection (CBP) did not provide
Commerce with any contrary
information. Because there is no
evidence on the record to indicate that
4 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (Order).
5 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.
6 See Agir’s letter, ‘‘Steel Concrete Reinforcing
Bar from Turkey (C–489–819): Countervailing Duty
Administrative Review (1/1/17–12/31/17),’’ dated
February 22, 2019; Asil’s letter, ‘‘Steel Concrete
Reinforcing Bar from Turkey (C–489–819):
Countervailing Duty Administrative Review (1/1/
17–12/31/17),’’ dated February 22, 2019; Ege’s
letter, ‘‘Steel Concrete Reinforcing Bar from Turkey
(C–489–819), Countervailing Duty Administrative
Review (1/1/17–12/31/17), Certification Of No
Sales,’’ dated March 5 2019; Ekinciler’s letter,
‘‘Steel Concrete Reinforcing Bar from Turkey (C–
489–819): Countervailing Duty Administrative
Review (1/1/17–12/31/17),’’ dated February 21,
2019; and Kocaer’s letter, ‘‘2017 Countervailing
Duty Administrative Review Involving Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Notice of No Sales,’’ dated February 21,
2019.
E:\FR\FM\17JAN1.SGM
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Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
Agir, Asil, Ege, Ekinciler, or Kocaer 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 Commerce’s final
determination with respect to this
producer/exporter combination was
negative.7 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 Agir, Asil, Ege, Ekinciler,
or Kocaer, and Habas will be made in
the final results of this administrative
review.
Companies Not Selected for Individual
Review
To determine the rate for companies
not selected for individual examination,
Commerce’s practice is to weight
average the net subsidy rates for the
selected mandatory companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.8 In this review, we
preliminarily calculated de minimis
subsidy rates for each of the mandatory
respondents (i.e., Icdas and Kaptan)
during the POR. In countervailing duty
proceedings, where the number of
respondents being individually
examined has been limited, Commerce
has determined that a ‘‘reasonable
method’’ to use to determine the rate
applicable to companies that were not
individually examined when all the
rates of selected mandatory respondents
are zero or de minimis is to assign to the
non-selected respondents the average of
the most recently determined rates that
are not zero, de minimis, or based
entirely on facts available.9 However, if
a non-selected respondent has its own
calculated rate that is contemporaneous
with or more recent than such previous
rates, Commerce has found it
appropriate to apply that calculated rate
to the non-selected respondent, even
when that rate is zero or de minimis.10
In the most recently completed
administrative review of this order, we
calculated a net subsidy rate of 1.82
percent ad valorem for Colakoglu Dis
Ticaret A.S. and Colakoglu Metalurji
A.S.11 Therefore, consistent with
Commerce’s practice, described above,
we are assigning the rate of 1.82 percent
ad valorem to Colakoglu Dis Ticaret
A.S. and Colakoglu Metalurji A.S.,
based on the companies’ rate calculated
in the prior review.
With regard to the 13 remaining nonselected companies, for which an
individual rate was not calculated, we
are assigning the rate of 2.29 percent ad
valorem, which is the average of the
above de minimis rates calculated in the
last review.12
Preliminary Results of the Review
We preliminarily find that the net
countervailable subsidy rates for the
period January 1, 2017 through
December 31, 2017, are as follows:
Subsidy rate
ad valorem
(percent)
Company
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its cross-owned affiliates 13 .........................................................................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their cross-owned affiliates 14
Acemar International Limited ...............................................................................................................................................................
A G Royce Metal Marketing ................................................................................................................................................................
As Gaz Sinai ve Tibbi Gazlar A.S .......................................................................................................................................................
Bastug Metalurji Sanayi AS .................................................................................................................................................................
Colakoglu Dis Ticaret A.S ...................................................................................................................................................................
Colakoglu Metalurji A.S .......................................................................................................................................................................
Demirsan Haddecilik Sanayi Ve Ticaret AS ........................................................................................................................................
Diler Dis Ticaret AS .............................................................................................................................................................................
Duferco Investment Services SA .........................................................................................................................................................
Duferco Celik Ticaret Limited ..............................................................................................................................................................
Izmir Demir Celik Sanayi A.S ..............................................................................................................................................................
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 ..................................................................................................................................................................
* 0.41
* 0.19
2.29
2.29
2.29
2.29
1.82
1.82
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
lotter on DSKBCFDHB2PROD with NOTICES
* (de minimis).
7 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).
8 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
9 See, e.g., Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of
Countervailing Duty Administrative Review, in Part,
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18:20 Jan 16, 2020
Jkt 250001
79 FR 51140, 51141 (August 27, 2014); and Cut-toLength Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing
Duty Administrative Review; 2012, 79 FR 46770
(August 11, 2014), and accompanying Issues and
Decision Memorandum at ‘‘Non-Selected Rate.’’
10 Id.
11 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Results and Partial
Rescission of Countervailing Duty Administrative
Review; 2016, 84 FR 36051, 36052 (July 26, 2019).
12 Id. The average of the two calculated rates that
were above de minimis equals 2.29 percent.
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Frm 00021
Fmt 4703
Sfmt 4703
13 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., Art(m Demir Ins¸aat Turizm Sanayi
Ticaret Ltd. Sti., Anka Entansif Hayvanc(l(k G(da
Tar(m Sanayi ve Ticaret A.S., and Eras Tas¸(mac(l(k
Taahhut Insaat ve Ticaret A.S.
14 Commerce preliminarily finds the following
companies to be cross-owned with Kaptan: Kaptan
Is Makinalari Hurda Alim Satim Ltd. Sti, and Efesan
Demir San. Ve Tic. A.S.
E:\FR\FM\17JAN1.SGM
17JAN1
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Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
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.
lotter on DSKBCFDHB2PROD with 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 amounts
shown for each of the respective
companies listed above, except, where
the rate calculated in the 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 nonreviewed 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.15 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.16 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) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.17
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.18 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
15 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).
17 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
18 See 19 CFR 351.310(c).
16 See
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18:20 Jan 16, 2020
Jkt 250001
inform parties of the scheduled date for
the hearing, which will be held at the
main Commerce building at a time and
location to be determined.19 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: January 9, 2020.
Jeffrey I. Kessler,
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 2017
Administrative Review, in Part
IV. New Subsidy Allegation
V. Non-Selected Rate
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2020–00743 Filed 1–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XU006]
Marine Fisheries Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; extension of nomination
period.
AGENCY:
NMFS is extending the period
for submission of nominations for
appointment to a new Marine Fisheries
Advisory Committee (MAFAC) task
force to support its advisory work for
SUMMARY:
19 See
PO 00000
19 CFR 351.310.
Frm 00022
Fmt 4703
Sfmt 4703
the Secretary of Commerce on living
marine resource matters. The task force
will provide expert advice on the
generation, delivery, and use of
electronically reported data from private
recreational anglers to assist NMFS in
fulfilling its mission activities. NMFS
will appoint the members in
consultation with MAFAC and they will
serve for a term of up to two (2) years.
The extended comment period closes on
February 21, 2020.
DATES: Nominations must be received at
the appropriate address or email
mailbox (see ADDRESSES) on or before
February 21, 2020.
ADDRESSES: Nominations should be sent
to Heidi Lovett, NMFS Office of Policy,
1315 East West Highway, Silver Spring,
MD 20910 or to heidi.lovett@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Heidi Lovett, (301) 427–8046; email:
heidi.lovett@noaa.gov.
SUPPLEMENTARY INFORMATION: MAFAC is
the only Federal advisory committee
with the responsibility to advise the
Secretary of Commerce (Secretary) on
all matters concerning living marine
resources that are the responsibility of
the Department of Commerce. On
November 20, 2019, MAFAC announced
it would be establishing a Task Force to
provide it, and subsequently NMFS,
expert advice on the generation,
delivery, and use of electronically
reported data from private recreational
anglers to assist NOAA Fisheries in
fulfilling its mission activities. The
scope of the Recreational Electronic
Reporting Task Force will fall within
the objectives and scope of the MAFAC.
In response, NMFS has received a
limited number of qualified
applications. NMFS has decided to
extend the period to submit
nominations by 30 days to Friday,
February 21, 2020 to allow the
submission of additional applications.
Recreational Electronic Reporting Task
Force
This Recreational Electronic
Reporting Task Force is being created to
provide MAFAC, and subsequently
NMFS, advice on fulfilling the agency’s
central role in providing useable high
quality, accurate data on recreational
fisheries. Task Force advice will support
and contribute to the development of an
Agency roadmap to advance and guide
implementation, where appropriate, of
electronic data collection in private
recreational fisheries (both shore and
boat mode angling). The initial actions
for consideration by the Task Force
include:
• Identify and prioritize known data
gaps relative to NOAA Fisheries’ role in
E:\FR\FM\17JAN1.SGM
17JAN1
Agencies
[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3030-3032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00743]
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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; 2017
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 net countervailable subsidies
during the period of review (POR) January 1 through December 31, 2017.
Commerce preliminarily determines that the mandatory respondents, Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and Kaptan Demir
Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret Ve
Nakliyat A.S. (collectively, Kaptan), each received de minimis net
countervailable subsidies during the POR. This review also includes 15
companies not individually examined, which Commerce preliminarily
determines received net countervailable subsidies. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT: Nancy Decker, 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) 482-0196.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on rebar from
Turkey.\1\ On July 25, 2019, Commerce extended the deadline for the
preliminary results to January 9, 2020.\2\ 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 as 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 https://access.trade.gov, and
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 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, 84 FR 2159, 2168 (February 6, 2019). A
clarification regarding the initiation was also published. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 84 FR 9297, 9307 n.11 (March 14, 2019).
\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 July 25,
2019.
\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; 2017,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
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.
---------------------------------------------------------------------------
\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
---------------------------------------------------------------------------
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.\5\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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
Agir Haddecilik A.S. (Agir), Asil Celik Sanayi ve Ticaret A.S.
(Asil), Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege), Ekinciler
Demir ve Celik Sanayi Anonim Sirketi (Ekinciler), and Kocaer Haddecilik
Sanayi ve Ticar (Kocaer) timely filed no-shipments certifications.\6\
U.S. Customs and Border Protection (CBP) did not provide Commerce with
any contrary information. Because there is no evidence on the record to
indicate that
[[Page 3031]]
Agir, Asil, Ege, Ekinciler, or Kocaer 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.
---------------------------------------------------------------------------
\6\ See Agir's letter, ``Steel Concrete Reinforcing Bar from
Turkey (C-489-819): Countervailing Duty Administrative Review (1/1/
17-12/31/17),'' dated February 22, 2019; Asil's letter, ``Steel
Concrete Reinforcing Bar from Turkey (C-489-819): Countervailing
Duty Administrative Review (1/1/17-12/31/17),'' dated February 22,
2019; Ege's letter, ``Steel Concrete Reinforcing Bar from Turkey (C-
489-819), Countervailing Duty Administrative Review (1/1/17-12/31/
17), Certification Of No Sales,'' dated March 5 2019; Ekinciler's
letter, ``Steel Concrete Reinforcing Bar from Turkey (C-489-819):
Countervailing Duty Administrative Review (1/1/17-12/31/17),'' dated
February 21, 2019; and Kocaer's letter, ``2017 Countervailing Duty
Administrative Review Involving Steel Concrete Reinforcing Bar from
the Republic of Turkey: Notice of No Sales,'' dated February 21,
2019.
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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 under this Order because Commerce's final
determination with respect to this producer/exporter combination was
negative.\7\ 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.
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\7\ 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).
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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 Agir, Asil,
Ege, Ekinciler, or Kocaer, and Habas will be made in the final results
of this administrative review.
Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to weight average the net subsidy
rates for the selected mandatory companies, excluding rates that are
zero, de minimis, or based entirely on facts available.\8\ In this
review, we preliminarily calculated de minimis subsidy rates for each
of the mandatory respondents (i.e., Icdas and Kaptan) during the POR.
In countervailing duty proceedings, where the number of respondents
being individually examined has been limited, Commerce has determined
that a ``reasonable method'' to use to determine the rate applicable to
companies that were not individually examined when all the rates of
selected mandatory respondents are zero or de minimis is to assign to
the non-selected respondents the average of the most recently
determined rates that are not zero, de minimis, or based entirely on
facts available.\9\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\10\
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\8\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\9\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum at ``Non-Selected
Rate.''
\10\ Id.
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In the most recently completed administrative review of this order,
we calculated a net subsidy rate of 1.82 percent ad valorem for
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.\11\ Therefore,
consistent with Commerce's practice, described above, we are assigning
the rate of 1.82 percent ad valorem to Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S., based on the companies' rate calculated in
the prior review.
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\11\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2016, 84 FR 36051, 36052 (July 26, 2019).
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With regard to the 13 remaining non-selected companies, for which
an individual rate was not calculated, we are assigning the rate of
2.29 percent ad valorem, which is the average of the above de minimis
rates calculated in the last review.\12\
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\12\ Id. The average of the two calculated rates that were above
de minimis equals 2.29 percent.
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Preliminary Results of the Review
We preliminarily find that the net countervailable subsidy rates
for the period January 1, 2017 through December 31, 2017, are as
follows:
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\13\ 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., Art[inodot]m Demir In[scedil]aat Turizm Sanayi Ticaret
Ltd. Sti., Anka Entansif Hayvanc[inodot]l[inodot]k G[inodot]da
Tar[inodot]m Sanayi ve Ticaret A.S., and Eras
Ta[scedil][inodot]mac[inodot]l[inodot]k Taahhut Insaat ve Ticaret
A.S.
\14\ Commerce preliminarily finds the following companies to be
cross-owned with Kaptan: Kaptan Is Makinalari Hurda Alim Satim Ltd.
Sti, and Efesan Demir San. Ve Tic. A.S.
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Subsidy rate
Company ad valorem
(percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its * 0.41
cross-owned affiliates \13\............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan * 0.19
Metal Dis Ticaret ve Nakliyat A.S. and their cross-
owned affiliates \14\..................................
Acemar International Limited............................ 2.29
A G Royce Metal Marketing............................... 2.29
As Gaz Sinai ve Tibbi Gazlar A.S........................ 2.29
Bastug Metalurji Sanayi AS.............................. 2.29
Colakoglu Dis Ticaret A.S............................... 1.82
Colakoglu Metalurji A.S................................. 1.82
Demirsan Haddecilik Sanayi Ve Ticaret AS................ 2.29
Diler Dis Ticaret AS.................................... 2.29
Duferco Investment Services SA.......................... 2.29
Duferco Celik Ticaret Limited........................... 2.29
Izmir Demir Celik Sanayi A.S............................ 2.29
Mettech Metalurji Madencilik Muhendislik Uretim 2.29
Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................ 2.29
Ozkan Demir Celik Sanayi A.S............................ 2.29
Wilmar Europe Trading BV................................ 2.29
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* (de minimis).
[[Page 3032]]
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and 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 amounts shown for each of the respective companies listed
above, except, where the rate calculated in the 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
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.\15\ 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.\16\ 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) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\17\
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\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\17\ 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.\18\ 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 Commerce
building at a time and location to be determined.\19\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\18\ See 19 CFR 351.310(c).
\19\ 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: January 9, 2020.
Jeffrey I. Kessler,
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 2017 Administrative Review, in Part
IV. New Subsidy Allegation
V. Non-Selected Rate
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2020-00743 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P