Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review; 2017-2018, 15765-15767 [2020-05754]
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Notices
the absence of reviewable, suspended
entries of subject merchandise during
the POR, we are rescinding this
administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
Assessment Rates
Commerce will instruct CBP to assess
CVDs on all appropriate entries.
Because Commerce is rescinding this
review in its entirety, the entries to
which this administrative review
pertained shall be assessed at rates
equal to the cash deposit of estimated
CVDs required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility 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 the APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with
regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.213(d)(4).
Dated: March 16, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–05757 Filed 3–18–20; 8:45 am]
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BILLING CODE 3510–DS–P
Countervailing Duty Administrative Review; 2017,
84 FR 48583 & n.8 (September 16, 2019).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final Results
of Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that mandatory
respondents, Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S. (Icdas) and
Kaptan Demir Celik Endu¨strisi ve
Ticaret A.S. (Kaptan Demir) did not
make sales of steel concrete reinforcing
bar (rebar) from the Republic of Turkey
(Turkey) at less than normal value (NV)
during the period of review (POR),
March 7, 2017 through June 30, 2018.
DATES: Applicable March 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Dunne or Kathryn Wallace, 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) 482–2328 or (202) 482–6251,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results on September 16, 2019.1 On
January 30, 2020, Commerce issued the
Post-Preliminary Particular Market
Situation (PMS) Memorandum, finding
that a PMS did not exist with respect to
the Turkish billet market during the
POR.2 On February 11 and 18, 2020, we
received case and rebuttal briefs,
respectively, from interested parties.3
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 68884 (September 16, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Steel Concrete
Reinforcing Bar from the Republic of Turkey: PostPreliminary Decision Memorandum on Particular
Market Situation Allegation,’’ dated January 30,
2020 (Post-Preliminary PMS Memorandum).
3 See Kaptan Demir’s Letter, ‘‘Steel Concrete
Reinforcing Bar from Turkey: Kaptan Case Brief,’’
dated February 11, 2020; Icdas’s Letter, ‘‘Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Icdas Case Brief,’’ dated February 11, 2020;
Petitioner’s Letter, ‘‘Steel Concrete Reinforcing Bar
from the Republic of Turkey: Petitioner’s Case
Brief,’’ dated February 11, 2020; Icdas’s Letter,
‘‘Steel Concrete Reinforcing Bar from the Republic
of Turkey: Icdas Rebuttal Brief,’’ dated February 18,
2020; and Petitioner’s Letter, ‘‘Steel Concrete
Reinforcing Bar from the Republic of Turkey:
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15765
Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). For details
concerning the events subsequent to the
Preliminary Results, including the
issuance of the Post-Preliminary PMS
Memorandum, see the Issues and
Decision Memorandum.4
Scope of the Order
The product covered by the review is
rebar from Turkey. For a full description
of the scope, see Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues raised is attached to
this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties, we made the following
revisions: 5
• For both Icdas and Kaptan Demir,
we relied on actual weight for the
calculation of each respondent’s
estimated weighted-average dumping
margin;
• For both Icdas and Kaptan Demir,
we revised certain currency calculation
errors in the home and U.S. market
programs;
Petitioner’s Rebuttal Brief,’’ dated February 18,
2020.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Steel Concrete Reinforcing Bar from
the Republic of Turkey,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
5 See Memoranda, ‘‘Analysis for the Final Results:
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.’’;
and ‘‘Analysis for the Final Results: Kaptan Demir
Celik Endu¨strisi ve Ticaret A.S.,’’ both of which are
dated concurrently with this Federal Register
notice.
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Notices
• We relied on Icdas’s sales to
affiliated resellers that passed the armslength test;
• We revised the USMONTH
calculation in Icdas’s margin program;
and
• We deducted the movement
expenses of affiliated resellers from
Icdas’s normal value.
Final Results of the Administrative
Review
We have determined the following
weighted-average dumping margins
exist for the period March 7, 2017
through June 30, 2018:
Estimated
weightedaverage
dumping
margin
(percent)
Producer or exporter
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ..............................................................................................................................
Kaptan Demir Celik Endu¨strisi ve Ticaret A.S ....................................................................................................................................
Colakoglu Dis Ticaret A.S ...................................................................................................................................................................
Colakoglu Metalurji A.S .......................................................................................................................................................................
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...........................................................................................................................
Kaptan Metal Dis Ticaret ve Nakliyat A.S ...........................................................................................................................................
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Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair-value
(LTFV) investigation, for guidance when
calculating the weighted-average
dumping margin for companies which
were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available{time}.’’
However, section 735(c)(5)(B) of the Act
states that if the weighted-average
dumping margins for all individually
examined exporters or producers are
zero, de minimis, or based entirely on
facts available, then Commerce may use
‘‘any reasonable method’’ to establish
the all-others rate, including averaging
the weighted-average dumping margins
for the individually examined
companies.
Consistent with section 735(c)(5)(B) of
the Act, we have determined that a
reasonable method for determining the
weighted-average dumping margin for
each of the non-selected companies is to
use the average of the weighted-average
dumping margin calculated for the
mandatory respondents (i.e., Kaptan
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Demir and Icdas) in this administrative
review. Although the weighted-average
dumping margins calculated for both
Kaptan Demir and Icdas are zero, these
are the only rates calculated in this
review and, thus, Commerce has
determined the weighted-average
dumping margin for the non-examined
companies to be zero.6
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after publication of
these final results in the Federal
Register, in accordance with section
751(a) of the Act and 19 CFR 351.224(b).
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine and U.S. Customs and Border
Protection (CBP) shall assess
antidumping duties on all appropriate
entries. Because the weighted-average
dumping margins of Kaptan Demir,
Icdas, and the four firms not selected for
individual examination have been
determined to be zero within the
meaning of 19 CFR 351.106(c), we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. In accordance with Commerce’s
practice, for entries of subject
merchandise during the POR for which
Kaptan Demir and Icdas did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no company-specific rate
for the intermediate company(ies)
involved in the transaction.7 Commerce
6 See Certain Lined Paper Products from India:
Final Results of Antidumping Duty Administrative
Review; 2016–2017, 84 FR 23017 (May 21, 2019)
7 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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0.00
0.00
0.00
0.00
0.00
intends to issue assessment instructions
directly to CBP 15 days after publication
of these final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of rebar from Turkey entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the respondents
noted above will be the rate established
in the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
LTFV investigation, but the producer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 7.26 percent, the allothers rate established in the LTFV
investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
8 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017).
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Federal Register / Vol. 85, No. 54 / Thursday, March 19, 2020 / Notices
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
7228.30.8010. The subject merchandise may
also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for
convenience and customs purposes;
however, the written description of the scope
remains dispositive.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility 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/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Appendix II
Dated: March 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether a Particular Market
Situation (PMS) Exists With Respect to
the Turkish Billet Market
Comment 2: Whether Commerce Should
Revise its Duty Drawback Adjustment
Comment 3: Whether Commerce Should
Rely on Theoretical or Actual Weight in
the Home market
Comment 4: SAS Programming Errors
Comment 5: Whether Commerce Should
Use Contract Date as Icdas’s U.S. Date of
Sale
Comment 6: Whether Commerce Should
Use ‘‘Partial’’ Quarters in its Quarterly
Cost Analysis
Comment 7: Whether Commerce Should
Reallocate the Cost of Icdas’s ShortLength Rebar to Prime Products
Comment 8: Whether Commerce Should
Use Icdas’s Reported General and
Administrative (G&A) and Interest
Expense Ratio (INTEX) Expenses
VI. Recommendation
Appendix I
[FR Doc. 2020–05754 Filed 3–18–20; 8:45 am]
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Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Scope of the Order
The merchandise subject to this review is
steel concrete reinforcing bar imported in
either straight length or coil form (rebar)
regardless of metallurgy, length, diameter, or
grade or lack thereof. Subject merchandise
includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and
which has been subjected to an elongation
test.
The subject merchandise includes rebar
that has been further processed in the subject
countries or a third country, including but
not limited to cutting, grinding, galvanizing,
painting, coating, or any other processing
that would not otherwise remove the
merchandise from the scope of these orders
if performed in the country of manufacture
of the rebar. Specifically excluded are plain
rounds (i.e., nondeformed or smooth rebar).
Also excluded from the scope is deformed
steel wire meeting ASTM A1064/A1064M
with no bar markings (e.g., mill mark, size,
or grade) and without being subject to an
elongation test.
The subject merchandise is classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item
numbers 7213.10.0000, 7214.20.0000, and
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
15767
Form Number(s): None.
Type of Request: Renewal of an
approved information collection.
Number of Respondents: 30.
Average Hours per Response: 63
minutes.
Burden Hours: 31.5.
Needs and Uses: Bees Please is a
voluntary program to collect data from
product manufacturers so that the
environmental performance of their
products may be evaluated scientifically
using the BEES software. These data
include product-specific materials use,
energy consumption, waste, and
environmental releases. BEES evaluate
these data, translates them into
decision-enabling results, and delivers
them in a visually intuitive graphical
format.
Affected Public: Business or other forprofit organizations.
Frequency: On Occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Not Applicable.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0693–0036.
Dated: March 16, 2020.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–05713 Filed 3–18–20; 8:45 am]
Submission for OMB Review;
Comment Request; BEES (Building for
Environmental and Economic
Sustainability) Please
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. The public is invited to
submit comments on this request.
Agency: National Institute of
Standards and Technology.
Title: BEES (Building for
Environmental and Economic
Sustainability) Please.
OMB Control Number: 0693–0036.
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BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XP009]
Permanent Advisory Committee To
Advise the U.S. Commissioners to the
Western and Central Pacific Fisheries
Commission; Meeting Announcement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
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Agencies
[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15765-15767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05754]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
mandatory respondents, Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) and Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S. (Kaptan
Demir) did not make sales of steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey) at less than normal value (NV)
during the period of review (POR), March 7, 2017 through June 30, 2018.
DATES: Applicable March 19, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Dunne or Kathryn Wallace, 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) 482-2328 or (202)
482-6251, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on September 16,
2019.\1\ On January 30, 2020, Commerce issued the Post-Preliminary
Particular Market Situation (PMS) Memorandum, finding that a PMS did
not exist with respect to the Turkish billet market during the POR.\2\
On February 11 and 18, 2020, we received case and rebuttal briefs,
respectively, from interested parties.\3\ Commerce conducted this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act). For details concerning the events
subsequent to the Preliminary Results, including the issuance of the
Post-Preliminary PMS Memorandum, see the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 84 FR 68884 (September 16, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey: Post-
Preliminary Decision Memorandum on Particular Market Situation
Allegation,'' dated January 30, 2020 (Post-Preliminary PMS
Memorandum).
\3\ See Kaptan Demir's Letter, ``Steel Concrete Reinforcing Bar
from Turkey: Kaptan Case Brief,'' dated February 11, 2020; Icdas's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Icdas Case Brief,'' dated February 11, 2020; Petitioner's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Petitioner's Case Brief,'' dated February 11, 2020; Icdas's
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey: Icdas Rebuttal Brief,'' dated February 18, 2020; and
Petitioner's Letter, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Petitioner's Rebuttal Brief,'' dated February
18, 2020.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Steel Concrete Reinforcing Bar from the
Republic of Turkey,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the review is rebar from Turkey. For a full
description of the scope, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix II. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made the following revisions: \5\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Analysis for the Final Results: Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.''; and ``Analysis for the Final
Results: Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S.,'' both
of which are dated concurrently with this Federal Register notice.
---------------------------------------------------------------------------
For both Icdas and Kaptan Demir, we relied on actual
weight for the calculation of each respondent's estimated weighted-
average dumping margin;
For both Icdas and Kaptan Demir, we revised certain
currency calculation errors in the home and U.S. market programs;
[[Page 15766]]
We relied on Icdas's sales to affiliated resellers that
passed the arms-length test;
We revised the USMONTH calculation in Icdas's margin
program; and
We deducted the movement expenses of affiliated resellers
from Icdas's normal value.
Final Results of the Administrative Review
We have determined the following weighted-average dumping margins
exist for the period March 7, 2017 through June 30, 2018:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......... 0.00
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S....... 0.00
Colakoglu Dis Ticaret A.S............................... 0.00
Colakoglu Metalurji A.S................................. 0.00
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S..... 0.00
Kaptan Metal Dis Ticaret ve Nakliyat A.S................ 0.00
------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be applied to
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted-average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time{time} .'' However, section 735(c)(5)(B) of the Act
states that if the weighted-average dumping margins for all
individually examined exporters or producers are zero, de minimis, or
based entirely on facts available, then Commerce may use ``any
reasonable method'' to establish the all-others rate, including
averaging the weighted-average dumping margins for the individually
examined companies.
Consistent with section 735(c)(5)(B) of the Act, we have determined
that a reasonable method for determining the weighted-average dumping
margin for each of the non-selected companies is to use the average of
the weighted-average dumping margin calculated for the mandatory
respondents (i.e., Kaptan Demir and Icdas) in this administrative
review. Although the weighted-average dumping margins calculated for
both Kaptan Demir and Icdas are zero, these are the only rates
calculated in this review and, thus, Commerce has determined the
weighted-average dumping margin for the non-examined companies to be
zero.\6\
---------------------------------------------------------------------------
\6\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017
(May 21, 2019)
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these final results in
the Federal Register, in accordance with section 751(a) of the Act and
19 CFR 351.224(b).
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries. Because the weighted-
average dumping margins of Kaptan Demir, Icdas, and the four firms not
selected for individual examination have been determined to be zero
within the meaning of 19 CFR 351.106(c), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
In accordance with Commerce's practice, for entries of subject
merchandise during the POR for which Kaptan Demir and Icdas did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no company-specific rate for the intermediate company(ies) involved
in the transaction.\7\ Commerce intends to issue assessment
instructions directly to CBP 15 days after publication of these final
results of review.
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of rebar from Turkey entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the respondents
noted above will be the rate established in the final results of this
administrative review; (2) for merchandise exported by manufacturers or
exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the LTFV investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 7.26 percent, the all-others
rate established in the LTFV investigation.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
[[Page 15767]]
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
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/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: March 13, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise subject to this review is steel concrete
reinforcing bar imported in either straight length or coil form
(rebar) regardless of metallurgy, length, diameter, or grade or lack
thereof. Subject merchandise includes deformed steel wire with bar
markings (e.g., mill mark, size, or grade) and which has been
subjected to an elongation test.
The subject merchandise includes rebar that has been further
processed in the subject countries or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of these orders if performed in the country of
manufacture of the rebar. Specifically excluded are plain rounds
(i.e., nondeformed or smooth rebar). Also excluded from the scope is
deformed steel wire meeting ASTM A1064/A1064M with no bar markings
(e.g., mill mark, size, or grade) and without being subject to an
elongation test.
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS numbers including
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030,
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
HTSUS numbers are provided for convenience and customs purposes;
however, the written description of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether a Particular Market Situation (PMS) Exists
With Respect to the Turkish Billet Market
Comment 2: Whether Commerce Should Revise its Duty Drawback
Adjustment
Comment 3: Whether Commerce Should Rely on Theoretical or Actual
Weight in the Home market
Comment 4: SAS Programming Errors
Comment 5: Whether Commerce Should Use Contract Date as Icdas's
U.S. Date of Sale
Comment 6: Whether Commerce Should Use ``Partial'' Quarters in
its Quarterly Cost Analysis
Comment 7: Whether Commerce Should Reallocate the Cost of
Icdas's Short-Length Rebar to Prime Products
Comment 8: Whether Commerce Should Use Icdas's Reported General
and Administrative (G&A) and Interest Expense Ratio (INTEX) Expenses
VI. Recommendation
[FR Doc. 2020-05754 Filed 3-18-20; 8:45 am]
BILLING CODE 3510-DS-P