Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 43181-43183 [2021-16842]
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
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; 2019–
2020
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, 2019, through June 30, 2020.
Additionally, we preliminarily find that
one producer/exporter, Colakoglu
Metalurji A. S. (Colakoglu Metal), did
not make sales of subject merchandise at
less than normal value during the POR
and one company, Habas Sinai ve Tibbi
Gazlar Istihsal Endu¨strisi A.S (Habas),
made no shipments during the POR.
DATES: Applicable August 6, 2021.
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:
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On July 14, 2017, Commerce
published the antidumping duty order
on rebar from Turkey.1 On September 3,
2020, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering nine companies.2 On October
6, 2020, Commerce selected Colakoglu
Metal and Kaptan Demir Celik
Endu¨strisi ve Ticaret A.S. (Kaptan
Demir) as the mandatory respondents
for this review.3 On March 15, 2021,
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, 85 FR
54983 (September 3, 2020).
3 See Memorandum, ‘‘Respondent Selection
Memorandum for Administrative Review of
Antidumping Duty Order on Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2019–
2020,’’ dated October 6, 2020.
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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 July 30, 2021.4
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.5
43181
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 will complete the
review and issue instructions to CBP
based on the final results.8
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
Methodology
examination in an administrative review
pursuant to section 777A(c)(2) of the
Commerce is conducting this review
in accordance with section 751(a) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
Act. Export price and constructed
provides instructions for calculating the
export price are calculated in
all-others rate in a market economy
accordance with section 772 of the Act.
investigation, for guidance when
Normal value is calculated in
calculating the rate for companies
accordance with section 773 of the Act.
which were not selected for individual
For a full description of the
examination in an administrative
methodology underlying these
preliminary results, see the Preliminary review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
Decision Memorandum. A list of topics
‘‘an amount equal to the weighted
discussed in the Preliminary Decision
average of the estimated weightedMemorandum is attached as an
appendix to this notice. The Preliminary average dumping margins established
for exporters and producers
Decision Memorandum is a public
individually investigated, excluding any
document and is on file electronically
zero or de minimis margins, and any
via Enforcement and Compliance’s
margins determined entirely {on the
Antidumping and Countervailing Duty
basis of facts available}.’’
Centralized Electronic Service System
We calculated a preliminary
(ACCESS). ACCESS is available to
weighted-average dumping margin of
registered users at https://
access.trade.gov. In addition, a complete 0.00 percent for Colakoglu Metal and
1.05 percent for Kaptan Demir the POR.
version of the Preliminary Decision
For the four companies not selected for
Memorandum can be accessed directly
individual examination, Commerce
at https://enforcement.trade.gov/frn/.
assigned the rate of 1.05 percent, which
Preliminary Determination of No
is the weighted-average dumping
Shipments
margin calculated for Kaptan Demir,
On September 6, 2020, Habas
because it is the only dumping margin
submitted a letter certifying that it had
calculated for a mandatory respondent
no exports or sales of subject
in this administrative review that is not
merchandise into the United States
zero or de minimis.
during the POR.6 U.S. Customs and
Preliminary Results of This Review
Border Protection (CBP) did not have
As a result of this review, we
any information to contradict this claim
preliminarily determine the following
of no shipments during the POR.7
estimated weighted-average dumping
Therefore, we preliminarily determine
margins for the period July 1, 2019,
4 See Memorandum, ‘‘Steel Concrete Reinforcing
through June 30, 2020:
Bar from the Republic of Turkey: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated March 15,
2021.
5 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Antidumping Duty
Administrative Review: Steel Concrete Reinforcing
Bar from the Republic of Turkey; 2019–2020,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 See Habas’ Letter, ‘‘Steel Concrete Reinforcing
Bar from Turkey; Habas No Shipment Letter,’’ dated
September 6, 2020.
7 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Steel Concrete
Reinforcing Bar from Turkey: Release of U.S.
Customs and Border Protection Entry Data for
Respondent Selection,’’ dated September 16, 2020.
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Fmt 4703
Sfmt 4703
8 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).
9 For the purposes of these preliminary results,
we are collapsing Colakoglu Metalurji A.S. and
Colakoglu Dis Ticaret A.S. and treating them as a
single entity; see Preliminary Decision
Memorandum.
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Continued
06AUN1
43182
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
Estimated
weighted-average
dumping margin
(percent)
Producers/exporters
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S. 9 ..................................................................................................................
Kaptan Demir Celik Endu¨strisi ve Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S.10 ......................................................
0.00
1.05
Review-Specific Average Rate Applicable to the Following Companies: 11
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ........................................................................................................................
Kroman Celik Sanayi A.S ..............................................................................................................................................................
Yu¨cel Boru Ithalat-Ihracat ve Pazarlama A.S ................................................................................................................................
Diler Dis Ticaret A.S ......................................................................................................................................................................
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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).
Commerce will announce the briefing
schedule to interested parties at a later
date. Interested parties may submit case
briefs on the deadline that Commerce
will announce. Rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.12
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;
(2) 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 13 and must be served on
interested parties.14 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.15
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
10 For the purposes of these preliminary results,
we are collapsing Kaptan Demir and Kaptan Metal
Dis Ticaret Ve Nakliyat A.S. and treating them as
a single entity; see Preliminary Decision
Memorandum.
11 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.
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19:29 Aug 05, 2021
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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.16 If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined.17 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
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.
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).18 For entries of subject
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.19 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.
12 See
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
19 CFR 351.303 (for general filing
requirements).
14 See 19 CFR 351.303(f).
15 See 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 351.310(c).
17 See 19 CFR 351.310(c).
13 See
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
1.05
1.05
1.05
1.05
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.
Consistent with its recent notice,
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
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
18 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).
19 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
E:\FR\FM\06AUN1.SGM
06AUN1
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
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.20 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 Act, and 19 CFR 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
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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. Affiliation and Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
20 See
Order, 82 FR at 32533.
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19:29 Aug 05, 2021
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IX. Recommendation
Scope of the Order
[FR Doc. 2021–16842 Filed 8–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Germany:
Preliminary Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain carbon and alloy steel cutto-length plate (CTL plate) from
Germany is not being, or is not likely to
be, sold in the United States at less than
normal value (NV) during the period of
review (POR) May 1, 2019, through
April 30, 2020.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT:
David Goldberger, 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) 482–4136.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 10, 2020, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on CTL plate
from Germany.1 This review covers one
producer/exporter of the subject
merchandise, AG der Dillinger
Hu¨ttenwerke (Dillinger).
On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
60 days.2 In February 2021, Commerce
extended the preliminary results of this
review to no later than July 30, 2021.3
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.4
1 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 19, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-To-
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Fmt 4703
43183
Sfmt 4703
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Germany.
Products subject to the order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and
7226.91.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.5
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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/summary. A
list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the respondent for the
period May 1, 2019, through April 30,
2020:
Length Plate from Germany,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 For a complete description of the scope of the
order, see Preliminary Decision Memorandum.
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06AUN1
]]>Agencies
[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43181-43183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16842]
[[Page 43181]]
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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; 2019-2020
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, 2019, through June 30, 2020. Additionally, we
preliminarily find that one producer/exporter, Colakoglu Metalurji A.
S. (Colakoglu Metal), did not make sales of subject merchandise at less
than normal value during the POR and one company, Habas Sinai ve Tibbi
Gazlar Istihsal End[uuml]strisi A.S (Habas), made no shipments during
the POR.
DATES: Applicable August 6, 2021.
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 3, 2020, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order, covering nine companies.\2\ On October 6, 2020, Commerce
selected Colakoglu Metal and Kaptan Demir Celik End[uuml]strisi ve
Ticaret A.S. (Kaptan Demir) as the mandatory respondents for this
review.\3\ On March 15, 2021, 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 July 30, 2021.\4\
---------------------------------------------------------------------------
\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, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Respondent Selection Memorandum for
Administrative Review of Antidumping Duty Order on Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2019-2020,'' dated
October 6, 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 15, 2021.
---------------------------------------------------------------------------
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.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Steel
Concrete Reinforcing Bar from the Republic of Turkey; 2019-2020,''
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 and constructed export price are
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/.
Preliminary Determination of No Shipments
On September 6, 2020, Habas submitted a letter certifying that it
had no exports or sales of subject merchandise into the United States
during the POR.\6\ U.S. Customs and Border Protection (CBP) did not
have any information to contradict this claim of no shipments during
the POR.\7\ 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 will complete the review and issue instructions to CBP
based on the final results.\8\
---------------------------------------------------------------------------
\6\ See Habas' Letter, ``Steel Concrete Reinforcing Bar from
Turkey; Habas No Shipment Letter,'' dated September 6, 2020.
\7\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Steel Concrete Reinforcing Bar from Turkey: Release of
U.S. Customs and Border Protection Entry Data for Respondent
Selection,'' dated September 16, 2020.
\8\ 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 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} .''
We calculated a preliminary weighted-average dumping margin of 0.00
percent for Colakoglu Metal and 1.05 percent for Kaptan Demir the POR.
For the four companies not selected for individual examination,
Commerce assigned the rate of 1.05 percent, which is the weighted-
average dumping margin calculated for Kaptan Demir, because it is the
only dumping margin calculated for a mandatory respondent in this
administrative review that is not zero or de minimis.
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, 2019, through June 30, 2020:
---------------------------------------------------------------------------
\9\ For the purposes of these preliminary results, we are
collapsing Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S.
and treating them as a single entity; see Preliminary Decision
Memorandum.
\10\ For the purposes of these preliminary results, we are
collapsing Kaptan Demir and Kaptan Metal Dis Ticaret Ve Nakliyat
A.S. and treating them as a single entity; see Preliminary Decision
Memorandum.
\11\ 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.
[[Page 43182]]
------------------------------------------------------------------------
Estimated
weighted-average
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S. 0.00
\9\.................................................
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S./ 1.05
Kaptan Metal Dis Ticaret Ve Nakliyat A.S.\10\.......
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \11\
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S...... 1.05
Kroman Celik Sanayi A.S.............................. 1.05
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S..... 1.05
Diler Dis Ticaret A.S................................ 1.05
------------------------------------------------------------------------
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). Commerce will announce the briefing schedule to
interested parties at a later date. Interested parties may submit case
briefs on the deadline that Commerce will announce. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\12\ 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; (2) 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 \13\ and must be served on
interested parties.\14\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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.\16\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\17\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(c).
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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.
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).\18\ For entries of subject
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.\19\ 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.
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\18\ 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).
\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.
Consistent with its recent notice, 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
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
[[Page 43183]]
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.\20\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\20\ See Order, 82 FR at 32533.
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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 Act, and 19 CFR
351.221(b)(4).
Dated: July 30, 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. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Affiliation and Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16842 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
