Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2017, 42353-42356 [2020-15062]
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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.
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17:58 Jul 13, 2020
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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).
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15 See
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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).
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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).
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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 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
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
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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).
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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
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17:58 Jul 13, 2020
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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).
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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
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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).
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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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
---------------------------------------------------------------------------
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
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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
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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\
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\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).
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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
