Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind in Part; 2018, 15921-15922 [2021-06183]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15921-15922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06183]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind in Part; 2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers/exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey) received countervailable subsidies 
during the period of review (POR) January 1, 2018, through December 31, 
2018. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Konrad 
Ptaszynski, 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) 482-1395 
or (202) 482-6187, respectively.

Background

    On January 17, 2020, Commerce published a notice of initiation of 
an administrative review for the countervailing duty order on rebar 
from Turkey.\1\ On April 24, 2020, Commerce exercised its discretion to 
toll all deadlines in administrative reviews by 50 days.\2\ On July 21, 
2020, Commerce tolled all deadlines in preliminary and final results of 
administrative reviews by an additional 60 days.\3\ On October 23, 
2020, Commerce further extended the deadline for the preliminary 
results of this administrative review by 120 days, until March 19, 
2021.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014, 3022 (January 17, 2020).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19 Government,'' dated April 
24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results in 
2018 Countervailing Duty Administrative Review,'' dated October 23, 
2020.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the 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/.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey; 2018,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order 6
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    \6\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
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    The merchandise covered by the order is steel concrete reinforcing 
bar (rebar) imported in either straight length or coil form regardless 
of metallurgy, length, diameter, or grade. For a complete description 
of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found countervailable, we preliminarily 
find 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.\7\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \7\ 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.
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Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\8\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\9\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct CBP to liquidate at the calculated countervailing duty 
assessment rate calculated for the review period.\10\ According to the 
CBP import data, except for the two mandatory respondents Icdas and 
Kaptan) and two other companies (Colakoglu Dis Ticaret A.S. and 
Coakoglu Metalurji A.S.), the remaining 21 companies subject to this 
review did not have reviewable entries of subject merchandise during 
the POR for which liquidation is suspended. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we intend to rescind this administrative review with respect to the 21 
additional companies, in accordance with 19 CFR 351.213(d)(3).\11\
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    \8\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \9\ See 19 CFR 351.212(b)(2).
    \10\ See 19 CFR 351.213(d)(3).
    \11\ The 21 companies are: Acemar International Limited; A G 
Royce Metal Marketing; Agir Haddecilik A.S; As Gaz Sinai ve Tibbi 
Gazlar A.S.; Asil Celik Sanayi ve Ticaret A.S.; Atakas Celik Sanayi 
ve Ticaret A.S.; Bastug Metalurji Sanayi AS; Demirsan Haddecilik 
Sanayi Ve Ticaret AS; Diler Dis Ticaret AS; Duferco Investment 
Services SA; Duferco Celik Ticaret Limited; Ege Celik Endustrisi 
Sanayi ve Ticaret A.S.; Ekinciler Demir ve Celik Sanayi Anonim 
Sirketi; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 
(Habas); Izmir Demir Celik Sanayi A.S.; Kibar Dis Ticaret A.S.; 
Kocaer Haddecilik Sanayi ve Ticar; Mettech Metalurji Madencilik 
Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi; MMZ Onur 
Boru Profil A.S.; Ozkan Demir Celik Sanayi A.S.; and Wilmar Europe 
Trading B.V.
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Rate for Non-Selected Companies Under Review

    There are two companies for which a review was requested, which 
were not selected as mandatory respondents or

[[Page 15922]]

found to be cross-owned with a mandatory respondent. Because the rate 
calculated for the mandatory respondent, Kaptan, was above de minimis 
and not based entirely on facts available, we applied the subsidy rate 
calculated for Kaptan to these two non-selected companies. This 
methodology for establishing the subsidy rate for the non-selected 
companies is consistent with our practice and with section 705(c)(5)(A) 
of the Act.

Preliminary Results of the Review

    We preliminarily find that the net countervailable subsidy rates 
for the period January 1, 2018, through December 31, 2018, are as 
follows:
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    \12\ Commerce preliminarily finds the following companies to be 
cross-owned with Icdas: Mardas Marmara Deniz Isletmeciligi A.S.; 
Oraysan Insaat Sanayi ve Ticaret A.S.; Artim Demir Insaat Turizm 
Sanayi Ticaret Ltd. Sti.; Anka Entansif Hayvancilik G[inodot]da 
Tarim Sanayi ve Ticaret A.S.; Karsan Gemi Insaa Sanayii Ticaret 
A.S.; Artmak Denizcilik Ticaret Ve Sanayi A.S.; and Eras Tasimacilik 
Taahhut Ins.Tic.A.S.
    \13\ Commerce preliminarily finds the following companies to be 
cross-owned with Kaptan: Martas Marmara Ereglisi Liman Tesisleri 
A.S.; Aset Madencilik A.S.; Kaptan Is Makinalari Hurda Alim Satim 
Ltd. Sti.; Efesan Demir San. Ve Tic. A.S.; and Nur Gemicilik ve Tic. 
A.S.

------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its          * 0.32
 cross-owned affiliates \12\..............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan            2.55
 Metal Dis Ticaret ve Nakliyat A.S. and their cross-owned
 affiliates \13\..........................................
Colakoglu Dis Ticaret A.S.................................          2.55
Coakoglu Metalurji A.S....................................          2.55
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* De minimis.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. If the rate calculated for 
any respondent, in the final results is zero or de minimis, we will 
instruct CBP to liquidate all appropriate entries of subject 
merchandise without regard to countervailing duties. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this review in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce 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 the final results is zero 
or 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, when imposed, shall 
remain in effect until further notice.

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed in reaching the preliminary results within five days of 
publication of these preliminary results.\14\ Because Commerce intends 
to request additional information after these preliminary results, 
interested parties will be provided an opportunity to submit written 
comments (case briefs) at a date to be determined by Commerce and 
rebuttal comments (rebuttal briefs) within seven days after the time 
limit for filing case briefs.\15\ Pursuant to 19 CFR 351.309(d)(2), 
rebuttal briefs must be limited to issues raised in the case 
briefs.\16\ Parties who submit arguments are requested to submit with 
the argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. All briefs must be filed 
electronically using ACCESS.
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    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested 
parties will be notified through ACCESS regarding the deadline for 
submitting case briefs. See also 19 CFR 351.303 (for general filing 
requirements); Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020)).
    \16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days after the date of 
publication of this notice by submitting a written request to the 
Assistant Secretary for Enforcement and Compliance, using Enforcement 
and Compliance's ACCESS system. Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
addressed at the hearing will be limited to those raised in the briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date. 
Parties are reminded that all briefs and hearing requests must be filed 
electronically using ACCESS and received successfully in their entirety 
by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, including the results of 
our analysis of the issues raised by the parties in their comments, no 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

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

    Dated: March 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Rescind the Administrative Review, in Part
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2021-06183 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P