Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 80005-80007 [2020-27310]

Download as PDF Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 7326.90.8688, or 8413.91.9055. While these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes From the Preliminary Determination IV. Discussion of the Issues Comment 1: Application of Adverse Facts Available Comment 2: Direct Material Costs Comment 3: Constructed Value Profit Comment 4: Major Input Adjustment and the Appropriate Level of Aggregation V. Recommendation [FR Doc. 2020–27332 Filed 12–10–20; 8:45 am] Period of Investigation The period of investigation is January 1, 2019 through December 31, 2019. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–843] Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of prestressed concrete steel wire strand (PC strand) from the Republic of Turkey (Turkey). DATES: Applicable December 11, 2020. FOR FURTHER INFORMATION CONTACT: Whitley Herndon or Jacob Garten, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6274, or (202) 482–3342, respectively. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: Background The petitioners in this investigation are Insteel Wire Products, Sumiden Wire Products Corporation, and Wire Mesh Corporation. In addition to the Government of Turkey, the mandatory respondents in this investigation are Celik Halat ve Tel San A.S. (Celik Halat) and Guney Celik Hasir ve Demir (Guney Celik). A summary of the events that occurred since Commerce published the VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 Preliminary Determination,1 as well as a full discussion of the issues raised by parties for this final determination, are discussed in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 The Issues and Decision Memorandum is a public document and 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 Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Investigation The scope of the investigation is PC strand from Turkey. For a complete description of the scope of this investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is included as Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient and that the subsidy is specific.3 For a full description of the methodology 1 See Prestressed Concrete Steel Wire from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, 85 FR 59287 (September 21, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination of the Countervailing Duty Investigation of Prestressed Concrete Steel Wire Strand from the Republic of Turkey,’’ dated concurrently with this determination (Issues and Decision Memorandum). 3 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 80005 underlying our final determination, see the Issues and Decision Memorandum. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation, pursuant to section 782(i) of the Act. Accordingly, we took additional steps in lieu of on-site verification and requested additional documentation and information.4 Consistent with section 776(a)(2)(D) of the Act, Commerce relied on the information submitted on the record as facts available in making our final determination. Changes Since the Preliminary Determination Based on our review and analysis of the information received in lieu of onsite verification and comments received from parties, we made certain changes to the respondents’ subsidy rate calculations since the Preliminary Determination and the Post-Preliminary Analysis Memorandum.5 As a result of these changes, Commerce has also revised the all-others rate. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memoranda.6 Final Negative Determination of Critical Circumstances Pursuant to section 705(a)(2) of the Act, Commerce determines that critical circumstances do not exist for imports of PC strand from Turkey. For full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. All-Others Rate In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated countervailable subsidy rates for Celik Halat and Guney Celik. Section 705(c)(5)(A)(i) of the Act states that, for 4 See Commerce’s Letter, dated October 26, 2020; and Guney Celik’s Letter, ‘‘Prestressed Concrete Steel Wire Strand from Turkey; In Lieu of Verification Questionnaire Response,’’ dated November 3, 2020. 5 See Memorandum, ‘‘Countervailing Duty Investigation of Prestressed Concrete Steel Wire Strand from the Republic of Turkey: PostPreliminary Analysis,’’ dated November 19, 2020 (Post-Preliminary Analysis Memorandum). 6 See Memoranda, ‘‘Countervailing Duty Investigation of Prestressed Concrete Steel Wire Strand from the Republic of Turkey: Final Determination Calculation Memorandum for Celik Halat ve Tel San A.S.’’ and ‘‘Countervailing Duty Investigation of Prestressed Concrete Steel Wire Strand from the Republic of Turkey: Final Determination Calculation Memorandum for Guney Celik Hasir ve Demir,’’ both dated concurrently with this notice (collectively, Final Analysis Memoranda). E:\FR\FM\11DEN1.SGM 11DEN1 80006 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES all exporters and producers not individually investigated, we will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we have not calculated the all-others rate by weight averaging the rates of Celik Halat and Guney Celik because doing so risks disclosure of business proprietary information. Rather, we used a simple average to calculate the all-others rate.7 notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section, that was entered or withdrawn from warehouse for consumption on or after the date of publication of the Preliminary Determination in the Federal Register. Because we find critical circumstances do not exist for Celik Final Determination Halat, we will direct CBP to terminate the retroactive suspension of liquidation Commerce determines the total ordered at the Preliminary estimated net countervailable subsidy Determination and release any cash rates to be: deposits that were required prior to September 21, 2020, the date of Subsidy rate Company publication of the Preliminary (percent) Determination in the Federal Register, Celik Halat ve Tel San A.S.8 158.44 consistent with section 705(c)(3) of the Guney Celik Hasir ve Demir 30.78 Act. All Others .............................. 94.61 If the U.S. International Trade Commission (ITC) issues a final In accordance with section affirmative injury determination, we 705(c)(1)(B)(i) of the Act, we calculated will issue a countervailing duty order a rate for each company respondent. and require a cash deposit of estimated Section 705(c)(5)(A)(i) of the Act states countervailing duties for such entries of that, for companies not individually subject merchandise in the amounts investigated, we will determine an ‘‘all indicated above. If the ITC determines others’’ rate equal to the weightedthat material injury, or threat of material average countervailable subsidy rates injury, does not exist, this proceeding established for exporters and producers will be terminated and all estimated individually investigated, excluding any duties deposited or securities posted as zero and de minimis countervailable a result of the suspension of liquidation subsidy rates, and any rates determined will be refunded or canceled. entirely under section 776 of the Act. Notwithstanding the language of section ITC Notification 705(c)(5)(A)(i) of the Act, we have not In accordance with section 705(d) of calculated the ‘‘all others’’ rate by the Act, we will notify the ITC of our weight averaging the rates of Celik Halat determination. In addition, we are and Guney Celik because doing so risks making available to the ITC all nondisclosure of proprietary information. privileged and non-proprietary Therefore, we calculated a simple information related to this investigation. average of Celik Halat and Guney Celik’s We will allow the ITC access to all rates. privileged and business proprietary information in our files, provided the Disclosure ITC confirms that it will not disclose Commerce will disclose the such information, either publicly or calculations performed in connection under an administrative protective order with this final determination within five (APO), without the written consent of days of the date of publication of this the Assistant Secretary for Enforcement and Compliance. 7 We have calculated the simple average of the Because the final determination in two responding firm’s rates for the all-others rate this proceeding is affirmative, in using the following calculation: (158.44 (Celik Halat’s calculated rate) accordance with section 705(b) of the Act, the ITC will make its final + 30.78 (Guney Celik’s calculated rate))/2 = 94.61 (the all-others rate). determination as to whether the 8 Commerce found the following companies to be domestic industry in the United States cross-owned with Celik Halat: Dogan Sirketler is materially injured, or threatened with Grubu Holding A.S. and Adilbey Holding A.S. See material injury, by reason of imports of Preliminary Determination PDM at ‘‘Attribution of Subsidies.’’ welded pipe from Turkey no later than VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding APO In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: December 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is prestressed concrete steel wire strand (PC strand), produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pretensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand. PC strand is normally sold in the United States in sizes ranging from 0.25 inches to 0.70 inches in diameter. PC strand made from galvanized wire is only excluded from the scope if the zinc and/or zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set forth in ASTM–A–475. The PC strand subject to this investigation is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances IV. Use of Adverse Facts Available V. Subsidies Valuation Information VI. Analysis of Programs VII. Analysis of Comments Comment 1: Application of Total Adverse Facts Available (AFA) to Guney Celik Hasir ve Demir (Guney Celik) Comment 2: Application of AFA to Certain Guney Celik Programs Comment 3: Correct Numerator for the Tax Reduction RIIS Regional Investment Incentive Scheme (RIIS) Program Comment 4: Allocation or Expense of Certain Grant Program Benefits for Guney Celik Comment 5: Application of AFA to the Property Tax Exemption Program for Guney Celik Comment 6: Application of AFA to Celik Halat ve Tel San A.S. (Celik Halat) VIII. Recommendation [FR Doc. 2020–27310 Filed 12–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–821–827] Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from the Russian Federation (Russia). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable December 11, 2020. FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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) 482–2670, respectively. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on August 4, 2020.1 On September 2, 2020, Commerce postponed the preliminary determination of this investigation to December 7, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II 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. Scope of the Investigation The products covered by this investigation are seamless pipe from Russia. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 we set aside a period of time, as stated in the Initiation Notice, for parties to raise issues regarding product coverage (i.e., scope).5 We received comments concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations of seamless pipe as it 1 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea and the Russian Federation: Initiation of Countervailing Duty Investigations, 85 FR 47170 (August 4, 2020) (Initiation Notice). 2 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea and the Russian Federation: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 54533 (September 2, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Affirmative Preliminary Determination in the Countervailing Duty Investigation of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Russian Federation,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 85 FR at 47171. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 80007 appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of this and the companion AD and CVD investigations no later than February 3, 2021, the deadline for the preliminary determinations in the companion AD investigations with respect to Russia, the Republic of Korea, and Ukraine.6 We will issue a final scope decision after considering any relevant comments submitted in case and rebuttal briefs.7 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.8 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the respondent did not act to the best of its ability to respond to Commerce’s requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.9 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of seamless pipe from Russia based on a request made by the petitioner.10 Consequently, the final 6 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea, the Russian Federation, and Ukraine: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 85 FR 73687 (November 19, 2020). 7 The deadlines for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 8 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. 9 See sections 776(a) and (b) of the Act. 10 See Vallourec Star, LP (Petitioner)’s Letter, ‘‘Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Korea and Russia: Request to Align Final Determinations,’’ dated October 15, 2020. E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80005-80007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27310]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-843]


Prestressed Concrete Steel Wire Strand From the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and Final 
Negative Critical Circumstances Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of prestressed concrete steel wire strand (PC strand) from the Republic 
of Turkey (Turkey).

DATES: Applicable December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6274, or (202) 
482-3342, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioners in this investigation are Insteel Wire Products, 
Sumiden Wire Products Corporation, and Wire Mesh Corporation. In 
addition to the Government of Turkey, the mandatory respondents in this 
investigation are Celik Halat ve Tel San A.S. (Celik Halat) and Guney 
Celik Hasir ve Demir (Guney Celik).
    A summary of the events that occurred since Commerce published the 
Preliminary Determination,\1\ as well as a full discussion of the 
issues raised by parties for this final determination, are discussed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\ The Issues and Decision Memorandum is a public document and 
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 Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Prestressed Concrete Steel Wire from the Republic of 
Turkey: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, in 
Part, 85 FR 59287 (September 21, 2020) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Determination of the Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of 
Turkey,'' dated concurrently with this determination (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2019 through December 31, 
2019.

Scope of the Investigation

    The scope of the investigation is PC strand from Turkey. For a 
complete description of the scope of this investigation, see Appendix 
I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is included as Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient and that the subsidy is 
specific.\3\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation, pursuant to section 782(i) of the Act. Accordingly, we 
took additional steps in lieu of on-site verification and requested 
additional documentation and information.\4\ Consistent with section 
776(a)(2)(D) of the Act, Commerce relied on the information submitted 
on the record as facts available in making our final determination.
---------------------------------------------------------------------------

    \4\ See Commerce's Letter, dated October 26, 2020; and Guney 
Celik's Letter, ``Prestressed Concrete Steel Wire Strand from 
Turkey; In Lieu of Verification Questionnaire Response,'' dated 
November 3, 2020.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the information received in 
lieu of on-site verification and comments received from parties, we 
made certain changes to the respondents' subsidy rate calculations 
since the Preliminary Determination and the Post-Preliminary Analysis 
Memorandum.\5\ As a result of these changes, Commerce has also revised 
the all-others rate. For a discussion of these changes, see the Issues 
and Decision Memorandum and the Final Analysis Memoranda.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of Turkey: 
Post-Preliminary Analysis,'' dated November 19, 2020 (Post-
Preliminary Analysis Memorandum).
    \6\ See Memoranda, ``Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of Turkey: 
Final Determination Calculation Memorandum for Celik Halat ve Tel 
San A.S.'' and ``Countervailing Duty Investigation of Prestressed 
Concrete Steel Wire Strand from the Republic of Turkey: Final 
Determination Calculation Memorandum for Guney Celik Hasir ve 
Demir,'' both dated concurrently with this notice (collectively, 
Final Analysis Memoranda).
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Final Negative Determination of Critical Circumstances

    Pursuant to section 705(a)(2) of the Act, Commerce determines that 
critical circumstances do not exist for imports of PC strand from 
Turkey. For full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated countervailable subsidy rates for Celik Halat and Guney 
Celik. Section 705(c)(5)(A)(i) of the Act states that, for

[[Page 80006]]

all exporters and producers not individually investigated, we will 
determine an all-others rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act.
    Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, 
we have not calculated the all-others rate by weight averaging the 
rates of Celik Halat and Guney Celik because doing so risks disclosure 
of business proprietary information. Rather, we used a simple average 
to calculate the all-others rate.\7\
---------------------------------------------------------------------------

    \7\ We have calculated the simple average of the two responding 
firm's rates for the all-others rate using the following
    calculation: (158.44 (Celik Halat's calculated rate) + 30.78 
(Guney Celik's calculated rate))/2 = 94.61 (the all-others rate).
---------------------------------------------------------------------------

Final Determination

    Commerce determines the total estimated net countervailable subsidy 
rates to be:
---------------------------------------------------------------------------

    \8\ Commerce found the following companies to be cross-owned 
with Celik Halat: Dogan Sirketler Grubu Holding A.S. and Adilbey 
Holding A.S. See Preliminary Determination PDM at ``Attribution of 
Subsidies.''

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Celik Halat ve Tel San A.S.\8\..........................          158.44
Guney Celik Hasir ve Demir..............................           30.78
All Others..............................................           94.61
------------------------------------------------------------------------

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each company respondent. Section 705(c)(5)(A)(i) 
of the Act states that, for companies not individually investigated, we 
will determine an ``all others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. Notwithstanding the language of section 
705(c)(5)(A)(i) of the Act, we have not calculated the ``all others'' 
rate by weight averaging the rates of Celik Halat and Guney Celik 
because doing so risks disclosure of proprietary information. 
Therefore, we calculated a simple average of Celik Halat and Guney 
Celik's rates.

Disclosure

    Commerce will disclose the calculations performed in connection 
with this final determination within five days of the date of 
publication of this notice to parties in this proceeding in accordance 
with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise as described in the scope of the investigation 
section, that was entered or withdrawn from warehouse for consumption 
on or after the date of publication of the Preliminary Determination in 
the Federal Register.
    Because we find critical circumstances do not exist for Celik 
Halat, we will direct CBP to terminate the retroactive suspension of 
liquidation ordered at the Preliminary Determination and release any 
cash deposits that were required prior to September 21, 2020, the date 
of publication of the Preliminary Determination in the Federal 
Register, consistent with section 705(c)(3) of the Act.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and require a cash deposit of estimated countervailing duties for 
such entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.
    Because the final determination in this proceeding is affirmative, 
in accordance with section 705(b) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of welded pipe from Turkey no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, this proceeding 
will be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue a 
countervailing duty order directing CBP to assess, upon further 
instruction by Commerce, countervailing duties on all imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). 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 terms 
of an APO is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is prestressed 
concrete steel wire strand (PC strand), produced from wire of non-
stainless, non-galvanized steel, which is suitable for use in 
prestressed concrete (both pretensioned and post-tensioned) 
applications. The product definition encompasses covered and 
uncovered strand and all types, grades, and diameters of PC strand. 
PC strand is normally sold in the United States in sizes ranging 
from 0.25 inches to 0.70 inches in diameter. PC strand made from 
galvanized wire is only excluded from the scope if the zinc and/or 
zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set 
forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

[[Page 80007]]

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Final Determination of Critical Circumstances
IV. Use of Adverse Facts Available
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Application of Total Adverse Facts Available (AFA) to 
Guney Celik Hasir ve Demir (Guney Celik)
    Comment 2: Application of AFA to Certain Guney Celik Programs
    Comment 3: Correct Numerator for the Tax Reduction RIIS Regional 
Investment Incentive Scheme (RIIS) Program
    Comment 4: Allocation or Expense of Certain Grant Program 
Benefits for Guney Celik
    Comment 5: Application of AFA to the Property Tax Exemption 
Program for Guney Celik
    Comment 6: Application of AFA to Celik Halat ve Tel San A.S. 
(Celik Halat)
VIII. Recommendation

[FR Doc. 2020-27310 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P

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