Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2017, 42353-42356 [2020-15062]

Download as PDF Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices connection with these final results within five days of the publication of this notice, consistent with 19 CFR 351.224(b). Assessment Rate Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For LG Chem, because its weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent), Commerce has calculated importerspecific antidumping duty assessment rates. We calculated importer-specific antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total sales value associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importerspecific assessment rate is not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Consistent with Commerce’s assessment practice, for entries of subject merchandise during the POR produced by LG Chem, for which LG Chem did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.12 For the companies which were not selected for individual review, we will assign an assessment rate equal to LG Chem’s dumping margin identified above.13 The final results of this review International Corporation.’’ See Lion Elastomers LLC’s Letter, ‘‘Antidumping Duty Order on Emulsion Styrene Butadiene Rubber from Korea (A– 580–890): Request for First Administrative Review,’’ dated September 28, 2018. 12 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 13 The Act does not specify how to calculate a dumping margin for a respondent that is not selected for individual review in an administrative review. Therefore, we look to section 735(c)(5)(A) of the Act, which explains how to calculate the ‘‘all others’’ rate in an investigation, for guidance. Consistent with how we would calculate the ‘‘all others’’ rate in an investigation, we are basing the dumping margin for non-selected companies on the weighted-average dumping margin calculated for the selected respondent, LG Chem. VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.14 Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date 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 each specific company listed above will be equal to the rate established in the final results of this administrative review; (2) for merchandise exported by producers 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 original investigation, but the producer is, then 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 9.66 percent, the all-others rate established in the investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. This notice serves as a final reminder to importers of their 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 this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. section 751(a)(2)(C) of the Act. Emulsion Styrene-Butadiene Rubber from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 33045 (July 19, 2017). PO 00000 15 See Frm 00008 Fmt 4703 Sfmt 4703 Administrative Protective Order This notice also serves as a 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/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). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until July 17, 2020, unless extended.16 Dated: July 8, 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. Changes to the Preliminary Results V. Discussion of the Issues Comment 1: Constructed Export Price (CEP) Offset Treatment Comment 2: Cost of Production (COP) Adjustment Comment 3: Value Added Tax (VAT) Adjustment VI. Recommendation [FR Doc. 2020–15153 Filed 7–13–20; 8:45 am] Notification to Importers 14 See 42353 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–819] Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 16 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020). E:\FR\FM\14JYN1.SGM 14JYN1 42354 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices The Department of Commerce (Commerce) determines that 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), producers/ exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey), each received de minimis net countervailable subsidies during the period of review (POR) January 1, 2017 through December 31, 2017. This review also includes 15 companies not individually examined, which Commerce determines received net countervailable subsidies during the POR. Additionally, we are rescinding the review for six companies with no shipments of subject merchandise to the United States during the POR. DATES: Applicable July 14, 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: SUMMARY: Background Commerce published the Preliminary Results of this administrative review on January 17, 2020.1 On April 24, 2020, Commerce exercised its discretion to toll all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until July 6, 2020.2 For a history of all events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2017, 85 FR 3030 (January 17, 2020) (Preliminary Results) and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. The final results were initially due on May 16, 2020 (120 days after publication of the Preliminary Results). In this case, 50 days after the original May 16, 2020, deadline falls on July 5, 2020, a Sunday. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Steel Concrete Reinforcing Bar from the Republic of Turkey; 2017,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 Scope of the Order 4 The merchandise covered by the Order is steel concrete reinforcing bar (rebar). For a complete description of the scope, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. 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 http:// 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 http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the issues raised by interested parties, and to which we responded in the Issues and Decision Memorandum, is provided in the Appendix to this notice. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying Commerce’s conclusions, see the Issues and Decision Memorandum. Partial Rescission of Review 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) each timely filed a no-shipments certification.6 U.S. Customs and Border 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; see also Asil’s Letter, ‘‘Steel PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Protection (CBP) did not provide to Commerce any information that contradicted these no-shipments certifications. Consequently, in the Preliminary Results, Commerce announced its intent to rescind the reviews of these companies. No interested party submitted comments on Commerce’s intent to rescind the reviews of these companies. Because there is no evidence on the record to indicate that 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 are rescinding 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 of the investigation 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. No interested party submitted comments on Commerce’s intent to rescind the review of Habas. Because there is no evidence on the record of entries of merchandise produced by another entity and exported by Habas, or entries of merchandise produced by Habas and exported by another entity, we determine that Habas is not subject to this administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding the review with respect to Habas. Companies Not Selected for Individual Review To determine the rate for companies not selected for individual examination, Commerce’s practice is to weightaverage the net countervailable subsidy rates for the selected mandatory companies, excluding rates that are 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. 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). E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices zero, de minimis, or based entirely on facts available.8 In this review, we calculated de minimis net countervailable 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 individually examined has been limited, Commerce has determined that a ‘‘reasonable method’’ to use to determine the rate applicable to companies 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 that non-selected respondent, even when that rate is zero or de minimis.10 In the most recently completed administrative review of the Order, we calculated a net countervailable subsidy rate of 1.82 percent ad valorem for Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S, which were not individually examined in this review.11 Therefore, consistent with Commerce’s practice, described above, we are assigning the rate of 1.82 percent 42355 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 no individual rates have been calculated previously, 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 Final Results of the Review We 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 * (de minimis). Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.15 Assessment and Cash Deposit Requirements In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue assessment instructions to CBP 15 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-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 See, e.g., Circular Welded Carbon Steel Pipes and Tubes from Turkey: Final Results of VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 days after the date of publication of these final results of review to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, for the above-listed companies at the ad valorem assessment rates listed, except for those companies to which a de minimis rate is assigned. Concerning those companies with a de minimis rate, Commerce intends to issue assessment instructions to CBP to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, without regard to countervailing duties. Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above, except, where the rate calculated in 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-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.’’ 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. 13 Commerce 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. See Preliminary Results and accompanying Preliminary Decision Memorandum at 10. 14 Commerce 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. See Preliminary Results and accompanying Preliminary Decision Memorandum at 10–11. 15 See 19 CFR 351.224(b). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\14JYN1.SGM 14JYN1 42356 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices these final results is de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and 19 CFR 351.221(b)(5). Dated: July 6, 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. Partial Rescission of the 2017 Administrative Review V. Non-Selected Rate VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Provision of Natural Gas for Less than Adequate Remuneration (LTAR)—Non-Government Suppliers Comment 2: New Subsidy Allegation— Super Incentive Scheme Comment 3: Renewable Energy Sources Support Mechanism (YEKDEM) Program Calculation Comment 4: Investment Incentive Certificates Calculation Comment 5: Non-Selected Company Rate for Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. (collectively, Colakoglu) IX. Recommendation [FR Doc. 2020–15062 Filed 7–13–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:58 Jul 13, 2020 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [C–489–832] Carbon and Alloy Steel Wire Rod From the Republic of Turkey: Notice of Court Decision Not in Harmony With Final Countervailing Duty Determination, and Notice of Amended Final Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 25, 2020, the United States Court of International Trade (CIT) sustained the final results of redetermination pertaining to the countervailing duty (CVD) investigation of carbon and alloy steel wire rod (wire rod) from the Republic of Turkey (Turkey) for the period of investigation (POI), January 1, 2016 through December 31, 2016. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the final determination in the CVD investigation, and that Commerce is amending the final determination and resulting CVD order with respect to the subsidy rates assigned to Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and all other producers/exporters not individually investigated. DATES: Applicable July 5, 2020. FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0486. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 28, 2018, Commerce published its Final Determination in the CVD investigation of wire rod from Turkey for the POI of January 1, 2016 through December 31, 2016.1 In the Final Determination, Commerce applied a rate based on adverse facts available to one program used by the respondents after discovering unreported information related to the Government of Turkey’s (GOT’s) ‘‘Assistance to Offset Costs Related to AD/CVD Investigations’’ program, which confers 1 See Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part, 83 FR 13239 (March 28, 2018) (Final Determination) accompanying Issues and Decision Memorandum (IDM). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 a countervailable subsidy.2 In the Final Determination, Commerce also evaluated whether the GOT sold natural gas to Turkish wire rod producers for less-than-adequate remuneration (LTAR), and relied on Russian Eurostat (Eurostat) data for the tier two benchmark in the LTAR analysis. On May 21, 2018, Commerce published the Amended Final Determination and Order.3 On December 3, 2018, Habas, Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and the Nucor Corporation (Nucor) challenged various aspects of Commerce’s Final Determination. Habas and Icdas contested Commerce’s application of adverse facts available as unsupported by evidence and contrary to law. Nucor separately argued that Commerce’s selection of Eurostat data as a tier two benchmark to calculate benefits from the provision of natural gas at LTAR was inadequately explained, the data did not represent the best available information, and the decision was unsupported by evidence and contrary to law. On November 19, 2019, the CIT sustained Commerce’s application of adverse facts available against Habas and Icdas. However, the CIT remanded the Final Determination to Commerce with instructions for Commerce to reconsider benchmark data relating to the natural gas for LTAR program.4 On February 11, 2020, Commerce issued its Final Results of Redetermination in accordance with the CIT’s order.5 As part of its analysis, Commerce placed new factual information on the record relating to natural gas prices. Commerce then reconsidered its reliance on Russian Eurostat data as a tier two benchmark, and instead relied on data from an International Energy Administration (IEA) report, as adjusted by Commerce, to construct a tier three benchmark.6 On June 25, 2020, the CIT sustained 2 See IDM at section VII; see also Memorandum, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Calculations for the Final Countervailing Duty Determination,’’ dated March 19, 2018. 3 See Carbon and Alloy Steel Wire Rod from Italy and the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination for the Republic of Turkey and Countervailing Duty Orders for Italy and the Republic of Turkey, 83 FR 23420 (May 21, 2018) (Amended Final Determination and Order). 4 See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v. United States, Court No. 18– 00144, Slip Op. 19–144 (CIT November 19, 2019). 5 See Final Results of Redetermination Pursuant to Remand Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS et al. v. United States, Court No. 18–00144, Slip Op. 19–144 (CIT November 19, 2019), dated February 11, 2020 (Final Results of Redetermination). 6 Id. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42353-42356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15062]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Results and Partial Rescission of Countervailing Duty Administrative 
Review; 2017

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


[[Page 42354]]


SUMMARY: The Department of Commerce (Commerce) determines that 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), producers/exporters of steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey), 
each received de minimis net countervailable subsidies during the 
period of review (POR) January 1, 2017 through December 31, 2017. This 
review also includes 15 companies not individually examined, which 
Commerce determines received net countervailable subsidies during the 
POR. Additionally, we are rescinding the review for six companies with 
no shipments of subject merchandise to the United States during the 
POR.

DATES: Applicable July 14, 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

    Commerce published the Preliminary Results of this administrative 
review on January 17, 2020.\1\ On April 24, 2020, Commerce exercised 
its discretion to toll all deadlines in administrative reviews by 50 
days, thereby extending the deadline for these results until July 6, 
2020.\2\ For a history of all events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\3\
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Results of Countervailing Duty Administrative 
Review and Intent To Rescind the Review in Part; 2017, 85 FR 3030 
(January 17, 2020) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. The 
final results were initially due on May 16, 2020 (120 days after 
publication of the Preliminary Results). In this case, 50 days after 
the original May 16, 2020, deadline falls on July 5, 2020, a Sunday. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2017,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order \4\
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    \4\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
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    The merchandise covered by the Order is steel concrete reinforcing 
bar (rebar). For a complete description of the scope, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. 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 
http://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 http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of the issues raised by interested parties, and to 
which we responded in the Issues and Decision Memorandum, is provided 
in the Appendix to this notice.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we determine 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a full description of the methodology 
underlying Commerce's conclusions, see the Issues and 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.
---------------------------------------------------------------------------

Partial Rescission of Review

    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) each timely filed a no-shipments 
certification.\6\ U.S. Customs and Border Protection (CBP) did not 
provide to Commerce any information that contradicted these no-
shipments certifications. Consequently, in the Preliminary Results, 
Commerce announced its intent to rescind the reviews of these 
companies. No interested party submitted comments on Commerce's intent 
to rescind the reviews of these companies. Because there is no evidence 
on the record to indicate that 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 are 
rescinding 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; see also 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.
---------------------------------------------------------------------------

    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 of the investigation 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).
---------------------------------------------------------------------------

    No interested party submitted comments on Commerce's intent to 
rescind the review of Habas. Because there is no evidence on the record 
of entries of merchandise produced by another entity and exported by 
Habas, or entries of merchandise produced by Habas and exported by 
another entity, we determine that Habas is not subject to this 
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we 
are rescinding the review with respect to Habas.

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 
countervailable subsidy rates for the selected mandatory companies, 
excluding rates that are

[[Page 42355]]

zero, de minimis, or based entirely on facts available.\8\ In this 
review, we calculated de minimis net countervailable 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 individually examined has been limited, Commerce has 
determined that a ``reasonable method'' to use to determine the rate 
applicable to companies 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 that non-selected respondent, even when that rate is 
zero or de minimis.\10\
---------------------------------------------------------------------------

    \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\ 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.''
---------------------------------------------------------------------------

    In the most recently completed administrative review of the Order, 
we calculated a net countervailable subsidy rate of 1.82 percent ad 
valorem for Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S, 
which were not individually examined in this review.\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).
---------------------------------------------------------------------------

    With regard to the 13 remaining non-selected companies, for which 
no individual rates have been calculated previously, 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.
---------------------------------------------------------------------------

Final Results of the Review

    We find that the net countervailable subsidy rates for the period 
January 1, 2017 through December 31, 2017 are as follows:

------------------------------------------------------------------------
                                                           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
------------------------------------------------------------------------
* (de minimis).

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\15\
---------------------------------------------------------------------------

    \13\ Commerce 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. See Preliminary Results and accompanying Preliminary Decision 
Memorandum at 10.
    \14\ Commerce 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. See Preliminary Results and 
accompanying Preliminary Decision Memorandum at 10-11.
    \15\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review to liquidate shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2017 through December 31, 2017, for the above-listed 
companies at the ad valorem assessment rates listed, except for those 
companies to which a de minimis rate is assigned. Concerning those 
companies with a de minimis rate, Commerce intends to issue assessment 
instructions to CBP to liquidate shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 2017 through December 31, 2017, without regard to 
countervailing duties.
    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown for each of the 
respective companies listed above, except, where the rate calculated in

[[Page 42356]]

these final results is de minimis, no cash deposit will be required on 
shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, CBP will 
continue to collect cash deposits of estimated countervailing duties at 
the all-others rate or the most recent company-specific rate applicable 
to the company, as appropriate. These cash deposit requirements, 
effective upon publication of these final results, shall remain in 
effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: July 6, 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. Partial Rescission of the 2017 Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Provision of Natural Gas for Less than Adequate 
Remuneration (LTAR)--Non-Government Suppliers
    Comment 2: New Subsidy Allegation--Super Incentive Scheme
    Comment 3: Renewable Energy Sources Support Mechanism (YEKDEM) 
Program Calculation
    Comment 4: Investment Incentive Certificates Calculation
    Comment 5: Non-Selected Company Rate for Colakoglu Dis Ticaret 
A.S. and Colakoglu Metalurji A.S. (collectively, Colakoglu)
IX. Recommendation

[FR Doc. 2020-15062 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-DS-P