Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No-Shipments; 2018-2019, 74983-74985 [2020-25952]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–25974 Filed 11–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No-Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers or exporters of steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey) subject to
this review made sales of subject
merchandise at less than normal value
during the period of review (POR) July
1, 2018 through June 30, 2019.
Additionally, we preliminarily find that
one company made no shipments
during the POR. We invite all interested
parties to comment on these preliminary
results.
DATES: Applicable November 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak or Thomas Dunne, 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) 482–3642 or
(202) 482–2328, respectively.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On July 14, 2017, Commerce
published the antidumping duty order
on rebar from Turkey.1 On September 9,
2019, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017) (Order).
VerDate Sep<11>2014
17:48 Nov 23, 2020
Jkt 253001
administrative review of the Order,
covering eight companies.2 On February
20, 2020, Commerce selected Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) and Kaptan Demir Celik
Endu¨strisi ve Ticaret A.S. (Kaptan
Demir) as the mandatory respondents
for this review.3 On March 26, 2020,
pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(h)(2), Commerce
extended the time limit for issuing the
preliminary results of this
administrative review to May 29, 2020.4
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days, thereby extending the deadline
for issuing the preliminary results of
this administrative review to July 20,
2020.5 On July 19, 2020, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2), Commerce again
extended the time limit for issuing the
preliminary results of this
administrative review to September 18,
2020.6 On July 21, 2020, Commerce
again tolled all deadlines for
preliminary and final results in
administrative reviews by an additional
60 days.7 Therefore, the deadline for the
preliminary results of this
administrative review is now November
17, 2020.
Scope of the Order
The product covered by the Order is
steel concrete reinforcing bar from
Turkey. For a full description of the
scope, see the Preliminary Decision
Memorandum.8
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47251 (September 9, 2019) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection for
the Antidumping Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of
Turkey, 2018–2019,’’ dated February 20, 2019.
Subsequently, Icdas filed a letter on the record
stating that two of the company names listed in the
Initiation Notice—Icdas Celik Enerji Tersane ve
Ulasim and Icdas—are the same company. See
Icdas’ Letter, ‘‘Steel Concrete Reinforcing Bar from
the Republic of Turkey; Icdas’ Clarification Letter,’’
dated February 21, 2020.
4 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from the Republic of Turkey: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated March 26,
2020.
5 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.
6 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from the Republic of Turkey: Extension of
Deadline for Preliminary Results of Antidumping
Administrative Review,’’ dated June 19, 2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
8 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Antidumping Duty
Administrative Review: Steel Concrete Reinforcing
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
74983
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Preliminary Determination of No
Shipments
On September 11, 2019, Habas Sinai
ve Tibbi Gazlar Istihsal Endu¨strisi A.S
(Habas) submitted a letter certifying that
it had no exports or sales of subject
merchandise into the United States
during the POR.9 U.S. Customs and
Border Protection (CBP) did not have
any information to contradict these
claims of no shipments during the
POR.10 Therefore, we preliminarily
determine that Habas did not have any
shipments of subject merchandise
during the POR. Consistent with
Commerce’s practice, we will not
rescind the review with respect to Habas
but rather will complete the review and
issue instructions to CBP based on the
final results.11
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
Bar from the Republic of Turkey; 2018–2019’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
9 See Preliminary Decision Memorandum at 5.
10 Id.
11 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
E:\FR\FM\24NON1.SGM
24NON1
74984
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available {time}.’’
We calculated a preliminary
weighted-average dumping margin of
19.10 percent for Icdas and 11.80
percent for Kaptan Demir the POR.
Commerce calculated the rate for the
companies not selected for individual
examination using a weighted-average
of the estimated weighted-average
dumping margins calculated for Icdas
and Kaptan Demir and each company’s
publicly-ranged values for the
merchandise under consideration.12
Preliminary Results of This Review
As a result of this review, we
preliminarily determine the following
estimated weighted-average dumping
margins for the period July 1, 2018
through June 30, 2019:
Estimated
weighted-average
dumping margin
(percent)
Producers/exporters
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S13 ...................................................................................................................
Kaptan Demir Celik Endu¨strisi ve Ticaret A.S ............................................................................................................................
19.10
11.80
Review-Specific Average Rate Applicable to the Following Companies 14
Colakoglu Dis Ticaret A.S ...........................................................................................................................................................
Colakoglu Metalurji A.S ...............................................................................................................................................................
Diler Dis Ticaret A.S ....................................................................................................................................................................
Kaptan Metal Dis Ticaret ve Nakliyat A.S ...................................................................................................................................
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Disclosure and Public Comment
Commerce intends to disclose its
calculations performed within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties will have the
opportunity to comment on the
preliminary results and may submit case
briefs no later than 30 days after the
publication of this notice. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.15 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) A statement of
the issue; a brief summary of the
argument; and (3) a table of authorities.
Executive summaries should be limited
12 For a complete analysis of the data, See
Memorandum, ‘‘Preliminary Results of the
Antidumping Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,’’ dated November 17,
2020 (Non-Reviewed Companies Memo).
13 See supra n.3. We have determined that the
two company names (Icdas Celik Enerji Tersane ve
Ulasim and Icdas) refer to the same company, and
the rate calculated for Icdas applies to both
VerDate Sep<11>2014
17:48 Nov 23, 2020
Jkt 253001
17.30
17.30
17.30
17.30
to five pages total, including footnotes.
Case and rebuttal briefs should be filed
using ACCESS 16 and must be served on
interested parties.17 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues parties
intend to discuss. Issues raised in the
hearing will be limited to those raised
in the respective case and rebuttal
briefs.19 If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined.20 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
company names. See Preliminary Decision
Memorandum at 2.
14 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act; see also Non-Reviewed
Companies Memo.
15 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
16 See 19 CFR 351.303 (for general filing
requirements).
17 See 19 CFR 351.303(f).
18 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
19 See 19 CFR 351.310(c).
20 See 19 CFR 351.310(c).
21 In these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).21 For entries of subject
E:\FR\FM\24NON1.SGM
24NON1
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
merchandise during the POR produced
by each respondent for which it did not
know its merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.22 Where either the
individually-selected respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rates for Non-Examined
Companies’’ section.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable.
Cash Deposit Requirements
The following deposit requirements
will be effective 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 the companies
under review will be the rate
established in the final results of this
review (except, if the ad valorem rate is
de minimis, then the cash deposit rate
will be zero); (2) for previously
reviewed or investigated companies not
covered in this review, the cash deposit
rate will continue to be the companyspecific rate published for the most
recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original investigation, but the
producer is, the cash deposit rate will be
the rate established for the most
recently-completed segment of this
proceeding for the producer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 7.26
percent, the all-others rate established
in the investigation.23
jbell on DSKJLSW7X2PROD with NOTICES
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
22 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
23 See Order, 82 FR at 32533.
VerDate Sep<11>2014
17:48 Nov 23, 2020
Jkt 253001
results of this administrative review,
including the results of our analysis of
issues raised by the parties in the
written comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
The preliminary results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Ac, and 19 CFR 351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020–25952 Filed 11–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers/exporters subject to this
review made sales of stainless steel bar
(SS Bar) from India at less than fair
value (LTFV) during the period of
review (POR) February 1, 2018 through
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
74985
January 31, 2019. Commerce determines
that mandatory respondent Venus Wire
Industries Pvt. Ltd., and its affiliates
Hindustan Inox, Precision Metals and
Sieves Manufacturers (India) Pvt. Ltd.
(collectively, the Venus Group), made
sales at LTFV, while mandatory
respondent Ambica Steels Limited
(Ambica) did not make sales at LTFV.
DATES:
Applicable November 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Allison Hollander,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–3477 or
(202) 482–2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 3, 2020, Commerce
published the preliminary results of this
administrative review.1 This review
covers two producers/exporters of the
subject merchandise: Venus Group 2 and
Ambica. We invited parties to comment
on the Preliminary Results.
On April 2, 2020, the petitioners
submitted a request for a hearing.3 On
June 16, 2020, we received case briefs
from the Venus Group,4 and Carpenter
Technology Corporation, Crucible
Industries LLC, Electralloy, a Division of
G.O. Carlson, Inc., North American
Stainless, Universal Stainless & Alloy
Products, Inc., and Valbruna Slater
Stainless, Inc. (collectively, the
1 See Stainless Steel Bar from India: Preliminary
Results of Antidumping Duty Administrative
Review; and Rescission of Review in Part; 2018–
2019, 85 FR 12520 (March 3, 2020) (Preliminary
Results).
2 Commerce has previously determined that
Venus Wire Industries Pvt. Ltd., and its affiliates
Hindustan Inox, Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd. constitute a single
entity. See Stainless Steel Bar from India:
Preliminary Results of Changed Circumstances
Review and Intent to Reinstate Certain Companies
in the Antidumping Duty Order, 82 FR 48483
(October 18, 2017), and accompanying Preliminary
Decision Memorandum at 3–5, unchanged in Final
Results of Changed Circumstances Review and
Reinstatement of Certain Companies in the
Antidumping Duty Order, 83 FR 17529 (April 20,
2018). We have received no information on the
record of this review to dispute that finding.
3 See the petitioners’ Letter ‘‘Stainless Steel Bar
from India—Petitioners’ Request for a Hearing,’’
dated April 2, 2020.
4 Commerce rejected the Venus Group’s June 16,
2020, case brief because it contained untimely filed
new factual information. See Commerce’s Letter,
‘‘Rejection of Untimely New Factual Information,’’
dated June 24, 2020. On June 26, 2020, the Venus
Group refiled its case brief. See Venus Group’s
Letter, ‘‘Antidumping Duty Investigation of
Stainless Steel Bar from India: Re-Submission of
Venus Group Case Brief,’’ dated June 26, 2020.
E:\FR\FM\24NON1.SGM
24NON1
]]>Agencies
[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 74983-74985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25952]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No-Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers or exporters of steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey) subject to this review made sales
of subject merchandise at less than normal value during the period of
review (POR) July 1, 2018 through June 30, 2019. Additionally, we
preliminarily find that one company made no shipments during the POR.
We invite all interested parties to comment on these preliminary
results.
DATES: Applicable November 24, 2020.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Thomas Dunne, 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) 482-3642 or (202) 482-2328,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce published the antidumping duty order on
rebar from Turkey.\1\ On September 9, 2019, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order, covering eight companies.\2\ On February 20, 2020, Commerce
selected Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S. (Kaptan Demir) as
the mandatory respondents for this review.\3\ On March 26, 2020,
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213(h)(2), Commerce extended the time limit
for issuing the preliminary results of this administrative review to
May 29, 2020.\4\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
issuing the preliminary results of this administrative review to July
20, 2020.\5\ On July 19, 2020, pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), Commerce again extended the time limit
for issuing the preliminary results of this administrative review to
September 18, 2020.\6\ On July 21, 2020, Commerce again tolled all
deadlines for preliminary and final results in administrative reviews
by an additional 60 days.\7\ Therefore, the deadline for the
preliminary results of this administrative review is now November 17,
2020.
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47251 (September 9, 2019) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection for the Antidumping
Duty Administrative Review of Steel Concrete Reinforcing Bar from
the Republic of Turkey, 2018-2019,'' dated February 20, 2019.
Subsequently, Icdas filed a letter on the record stating that two of
the company names listed in the Initiation Notice--Icdas Celik
Enerji Tersane ve Ulasim and Icdas--are the same company. See Icdas'
Letter, ``Steel Concrete Reinforcing Bar from the Republic of
Turkey; Icdas' Clarification Letter,'' dated February 21, 2020.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated March 26, 2020.
\5\ 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.
\6\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results of
Antidumping Administrative Review,'' dated June 19, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is steel concrete reinforcing bar
from Turkey. For a full description of the scope, see the Preliminary
Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Steel
Concrete Reinforcing Bar from the Republic of Turkey; 2018-2019''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying these preliminary results, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Determination of No Shipments
On September 11, 2019, Habas Sinai ve Tibbi Gazlar Istihsal
End[uuml]strisi A.S (Habas) submitted a letter certifying that it had
no exports or sales of subject merchandise into the United States
during the POR.\9\ U.S. Customs and Border Protection (CBP) did not
have any information to contradict these claims of no shipments during
the POR.\10\ Therefore, we preliminarily determine that Habas did not
have any shipments of subject merchandise during the POR. Consistent
with Commerce's practice, we will not rescind the review with respect
to Habas but rather will complete the review and issue instructions to
CBP based on the final results.\11\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum at 5.
\10\ Id.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to
[[Page 74984]]
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a market economy investigation, for guidance when calculating
the rate for companies which were not selected for individual
examination in an administrative review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally ``an amount equal to the
weighted-average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely {on the basis of facts available {time{time} .''
We calculated a preliminary weighted-average dumping margin of
19.10 percent for Icdas and 11.80 percent for Kaptan Demir the POR.
Commerce calculated the rate for the companies not selected for
individual examination using a weighted-average of the estimated
weighted-average dumping margins calculated for Icdas and Kaptan Demir
and each company's publicly-ranged values for the merchandise under
consideration.\12\
---------------------------------------------------------------------------
\12\ For a complete analysis of the data, See Memorandum,
``Preliminary Results of the Antidumping Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey:
Calculation of the Cash Deposit Rate for Non-Reviewed Companies,''
dated November 17, 2020 (Non-Reviewed Companies Memo).
---------------------------------------------------------------------------
Preliminary Results of This Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins for the period
July 1, 2018 through June 30, 2019:
------------------------------------------------------------------------
Estimated weighted-
Producers/exporters average dumping
margin (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S\13\. 19.10
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S... 11.80
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \14\
------------------------------------------------------------------------
Colakoglu Dis Ticaret A.S........................... 17.30
Colakoglu Metalurji A.S............................. 17.30
Diler Dis Ticaret A.S............................... 17.30
Kaptan Metal Dis Ticaret ve Nakliyat A.S............ 17.30
------------------------------------------------------------------------
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\13\ See supra n.3. We have determined that the two company
names (Icdas Celik Enerji Tersane ve Ulasim and Icdas) refer to the
same company, and the rate calculated for Icdas applies to both
company names. See Preliminary Decision Memorandum at 2.
\14\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act; see also Non-Reviewed Companies Memo.
---------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations performed within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties will have the opportunity to comment on the preliminary results
and may submit case briefs no later than 30 days after the publication
of this notice. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this review are
encouraged to submit with each argument: (1) A statement of the issue;
a brief summary of the argument; and (3) a table of authorities.
Executive summaries should be limited to five pages total, including
footnotes. Case and rebuttal briefs should be filed using ACCESS \16\
and must be served on interested parties.\17\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\18\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\16\ See 19 CFR 351.303 (for general filing requirements).
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\19\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\20\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. CBP shall assess, antidumping duties on all
appropriate entries covered by this review. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\21\ For entries of subject
[[Page 74985]]
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\22\ Where either the individually-selected respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\21\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\22\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review where applicable.
Cash Deposit Requirements
The following deposit requirements will be effective 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 the companies
under review will be the rate established in the final results of this
review (except, if the ad valorem rate is de minimis, then the cash
deposit rate will be zero); (2) for previously reviewed or investigated
companies not covered in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 7.26 percent, the all-others rate
established in the investigation.\23\
---------------------------------------------------------------------------
\23\ See Order, 82 FR at 32533.
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results, pursuant
to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of doubled antidumping duties.
Notification to Interested Parties
The preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Ac, and 19 CFR
351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-25952 Filed 11-23-20; 8:45 am]
BILLING CODE 3510-DS-P
