Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No-Shipments; 2019-2020, 7118-7120 [2022-02638]
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7118
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
entries without regard to antidumping
duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
simple average of the cash deposit rates
calculated for Industeel and NLMK
Belgium. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.9
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. As indicated above, for
Dillinger and Industeel France, we will
instruct CBP to liquidate any existing
entries of merchandise produced by
Dillinger or Industeel France, but
exported by other parties, at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
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 cash 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entered, or withdrawn from warehouse,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 each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
9 See
section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original LTFV investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 5.40 percent, the allothers rate established in the LTFV
investigation.10 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is being issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.213.
10 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment Pertaining to Dillinger
Comment 1: Recission for AG der Dillinger
Hu¨ttenwerke
Comments Pertaining to Industeel
Comment 2: Application of Adverse Facts
Available to Home Market Inland Freight
Comment 3: Major Input Rule for Scrap
Comment 4: Adjustment to General and
Administrative Expense Ratio
Comments Pertaining to NLMK Belgium
Comment 5: Exclusion of U.S. Sales
Matched to the Constructed Value
Comment 6: Application of Adverse Facts
Available to U.S. Inland Freight and
Warehousing Expenses
Comment 7: Constructed Export Price
Offset
Comment 8: Adjustment to U.S. Indirect
Selling Expense Ratio
Comment 9: Adjustment to General and
Administrative Expense Ratio
VI. Recommendation
[FR Doc. 2022–02636 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final Results
of Antidumping Duty Administrative
Review and Final Determination of NoShipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak or Jose Rivera, 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) 482–0842,
respectively.
AGENCY:
E:\FR\FM\08FEN1.SGM
08FEN1
7119
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
Background
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of these
issues discussed in the Issues and
Decision Memorandum is attached in an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is available electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Services 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
On August 6, 2021, we published the
preliminary results of this
administrative review and invited
interest parties to comment.1 These final
results cover eight companies for which
an administrative review was initiated
and not rescinded.2 For a complete
description of the events that followed
the Preliminary Results, see the Issues
and Decision Memorandum.3 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 4
The product covered by the Order is
steel concrete reinforcing bar from
Turkey. For a full description of the
scope, see the Issues and Decision
Memorandum.5
Changes Since the Preliminary Results
Based on our analysis of the
comments received from interested
parties, a review of the record, and for
the reasons explained in the Issues and
Decision Memorandum, we made
changes to Kaptan Demir’s margin
calculations. We did not make changes
to Colakoglu’s margin.
Final Determination of No Shipments
For the Preliminary Results, we found
that Habas Sinai ve Tibbi Gazlar Istihsal
Endu¨strisi A.S (Habas) did not have any
shipments of subject merchandise
during the POR. No parties commented
on this preliminary determination. For
the final results of the review, we
continue to find that Habas made no
shipments of subject merchandise
during the POR.
Final Results of the Review
We determine that the following
weighted-average dumping margins
exist for the period July 1, 2019, through
June 30, 2020:
Weighted-average
dumping margin
(percent)
Producers/exporters 6
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S ....................................................................................................................
Kaptan Demir Celik Endu¨strisi ve Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S ........................................................
0.00
1.02
Review-Specific Rate Applicable to the Following Companies: 7
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 ....................................................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Rates for Non-Selected Companies
For the rate for non-selected
respondents in an administrative
review, 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. 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
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No-Shipments; 2019–
2020, 86 FR 43181 (August 6, 2021) (Preliminary
Results).
2 On September 3, 2020, Commerce published a
notice of initiation listing nine companies. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3,
2020) (Initiation Notice). Kaptan Demir is being
collapsed with Kaptan Metal Dis Ticaret Ve
Nakliyat A.S (collectively, Kaptan) and Colakoglu
Dis Ticaret A.S. is being collapsed with Colakoglu
Metal (collectively, Colakoglu) such that they are
treated as single entities. Habas Sinai ve Tibbi
Gazlar Istihsal Endu¨strisi A.S. had no shipments
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
margins determined entirely {on the
basis of facts available}.’’ In this
segment of the proceeding, we
calculated a margin for Kaptan Demir
that was not zero, de minimis, or based
on facts available, whereas, for
Colakoglu, we calculated a margin that
was zero. Accordingly, Commerce is
assigning Colakoglu’s rate of 1.02
percent to companies not selected for
individual examination.
Disclosure
Commerce intends to disclose the
calculations performed for these final
during the POR, as discussed below in the ‘‘Final
Determination of No Shipments’’ section.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Steel Concrete Reinforcing Bar from
Turkey, 2019–2020,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 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), as amended,
Steel Concrete Reinforcing Bar from the Republic of
Turkey: Notice of Court Decision Not in Harmony
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
1.02
1.02
1.02
1.02
results within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
With the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended
Final Determination, 87 FR 934 (January 22, 2022)
(Order).
5 See Issues and Decision Memorandum.
6 As noted above, for the purposes of these final
results, we are collapsing Colakoglu Metalurji A. S.
with Colakoglu Dis Ticaret A.S. and Kaptan Demir
with Kaptan Metal Dis Ticaret Ve Nakliyat A.S. and
treating them as single entities; see Issues and
Decision Memorandum.
7 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.
E:\FR\FM\08FEN1.SGM
08FEN1
7120
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
review.8 In accordance with 19 CFR
351.212(b)(1), Commerce calculated an
importer-specific ad valorem
antidumping assessment rate for Kaptan
Demir that is not zero or de minimis,
and will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review.
Commerce will also instruct CBP to
apply an ad valorem assessment rate of
1.02 percent to all entries of subject
merchandise during the POR which
were produced and/or exported by Icdas
Celik Enerji Tersane ve Ulasim Sanayi
A.S., Kroman Celik Sanayi A.S., Yu¨cel
Boru Ithalat-Ihracat ve Pazarlama A.S
¸ .,
and Diler Dis Ticaret A.S. In addition,
we continue to find that Habas had no
shipments during the POR. Accordingly,
consistent with Commerce’s practice,
we intend to instruct CBP to liquidate
any existing entries of merchandise
produced by Habas, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.9
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Kaptan Demir for which it
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.10
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).
khammond on DSKJM1Z7X2PROD with NOTICES
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
8 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
10 Id.
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
established in the final results of this
review (except, if the ad valorem rate is
de minimis, then the cash deposit rate
will be zero); (2) for previously
reviewed or investigated companies not
covered in this review, the cash deposit
rate will continue to be the companyspecific rate published for the most
recently-completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original investigation, but the
producer is, the cash deposit rate will be
the rate established for the most
recently-completed segment of this
proceeding for the producer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 3.90
percent, the all-others rate established
in the investigation.11 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as final reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
11 See
PO 00000
Order, 87 FR 935.
Frm 00037
Fmt 4703
Sfmt 4703
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies not Selected for Individual
Examination
V. Final Determination of no Shipments
VI. Affiliation and Single Entities
VII. Changes Since the Preliminary Results
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should
Accept Colakoglu’s Verification Exhibits
Comment 2: Whether Commerce Should
Deny Colakoglu’s Duty Drawback
Adjustment
Comment 3: Whether Commerce Should
Grant the Turkish Respondents a Full
Duty Drawback Adjustment
Comment 4: Whether Commerce Should
Use Contract Date for Kaptan Demir’s
U.S. Date of Sale
Comment 5: Whether Section 232 Duties
Should be Deducted from Export Price
Comment 6: Whether Commerce Should
Reclassify Kaptan Demir’s Claimed
Levels of Trade
Comment 7: Whether Commerce Should
Adjust the Value of Kaptan Demir’s
Scrap and Defective Merchandise
Comment 8: Whether Commerce Should
Adjust Kaptan Demir’s TOTCOM for Idle
Asset Expenses
Comment 9: Whether Commerce Should
Treat INTNFR2U as a Movement
Expense or Commission Expense
Comment 10: Whether Commerce Should
Permit an Offset for Kaptan Demir’s
Short Term Deposit Income
IX. Recommendation
[FR Doc. 2022–02638 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–803]
Large Diameter Welded Pipe From
Greece: Final Results of Antidumping
Duty Administrative Review; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
producer/exporter subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
April 19, 2019, through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Paul
Litwin, AD/CVD Operations, Office II,
AGENCY:
E:\FR\FM\08FEN1.SGM
08FEN1
Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7118-7120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02638]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No-Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Jose Rivera, 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) 482-0842,
respectively.
[[Page 7119]]
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2021, we published the preliminary results of this
administrative review and invited interest parties to comment.\1\ These
final results cover eight companies for which an administrative review
was initiated and not rescinded.\2\ For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No-Shipments; 2019-2020, 86
FR 43181 (August 6, 2021) (Preliminary Results).
\2\ On September 3, 2020, Commerce published a notice of
initiation listing nine companies. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR 54983 (September
3, 2020) (Initiation Notice). Kaptan Demir is being collapsed with
Kaptan Metal Dis Ticaret Ve Nakliyat A.S (collectively, Kaptan) and
Colakoglu Dis Ticaret A.S. is being collapsed with Colakoglu Metal
(collectively, Colakoglu) such that they are treated as single
entities. Habas Sinai ve Tibbi Gazlar Istihsal End[uuml]strisi A.S.
had no shipments during the POR, as discussed below in the ``Final
Determination of No Shipments'' section.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Steel Concrete Reinforcing Bar from Turkey, 2019-2020,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended, Steel Concrete
Reinforcing Bar from the Republic of Turkey: Notice of Court
Decision Not in Harmony With the Amended Final Determination in the
Less-Than-Fair-Value Investigation; Notice of Amended Final
Determination, 87 FR 934 (January 22, 2022) (Order).
---------------------------------------------------------------------------
The product covered by the Order is steel concrete reinforcing bar
from Turkey. For a full description of the scope, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of these issues discussed in
the Issues and Decision Memorandum is attached in an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
available electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Services 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we made changes to Kaptan Demir's
margin calculations. We did not make changes to Colakoglu's margin.
Final Determination of No Shipments
For the Preliminary Results, we found that Habas Sinai ve Tibbi
Gazlar Istihsal End[uuml]strisi A.S (Habas) did not have any shipments
of subject merchandise during the POR. No parties commented on this
preliminary determination. For the final results of the review, we
continue to find that Habas made no shipments of subject merchandise
during the POR.
Final Results of the Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2019, through June 30, 2020:
---------------------------------------------------------------------------
\6\ As noted above, for the purposes of these final results, we
are collapsing Colakoglu Metalurji A. S. with Colakoglu Dis Ticaret
A.S. and Kaptan Demir with Kaptan Metal Dis Ticaret Ve Nakliyat A.S.
and treating them as single entities; see Issues and Decision
Memorandum.
\7\ 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.
------------------------------------------------------------------------
Weighted-average
Producers/exporters \6\ dumping margin
(percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.. 0.00
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S./ 1.02
Kaptan Metal Dis Ticaret Ve Nakliyat A.S...........
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following Companies: \7\
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S..... 1.02
Kroman Celik Sanayi A.S............................. 1.02
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama 1.02
A.[Scedil].........................................
Diler Dis Ticaret A.S............................... 1.02
------------------------------------------------------------------------
Rates for Non-Selected Companies
For the rate for non-selected respondents in an administrative
review, 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. 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} .'' In this segment of the proceeding,
we calculated a margin for Kaptan Demir that was not zero, de minimis,
or based on facts available, whereas, for Colakoglu, we calculated a
margin that was zero. Accordingly, Commerce is assigning Colakoglu's
rate of 1.02 percent to companies not selected for individual
examination.
Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this
[[Page 7120]]
review.\8\ In accordance with 19 CFR 351.212(b)(1), Commerce calculated
an importer-specific ad valorem antidumping assessment rate for Kaptan
Demir that is not zero or de minimis, and will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review.
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\8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
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Commerce will also instruct CBP to apply an ad valorem assessment
rate of 1.02 percent to all entries of subject merchandise during the
POR which were produced and/or exported by Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S., Kroman Celik Sanayi A.S., Y[uuml]cel Boru
Ithalat-Ihracat ve Pazarlama A.[Scedil]., and Diler Dis Ticaret A.S. In
addition, we continue to find that Habas had no shipments during the
POR. Accordingly, consistent with Commerce's practice, we intend to
instruct CBP to liquidate any existing entries of merchandise produced
by Habas, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Kaptan Demir for which
it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\10\
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\10\ Id.
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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
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 3.90 percent, the all-others rate
established in the investigation.\11\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\11\ See Order, 87 FR 935.
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Notification to Importers
This notice serves as final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)
and 351.221(b)(5).
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies not Selected for Individual Examination
V. Final Determination of no Shipments
VI. Affiliation and Single Entities
VII. Changes Since the Preliminary Results
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Accept Colakoglu's
Verification Exhibits
Comment 2: Whether Commerce Should Deny Colakoglu's Duty
Drawback Adjustment
Comment 3: Whether Commerce Should Grant the Turkish Respondents
a Full Duty Drawback Adjustment
Comment 4: Whether Commerce Should Use Contract Date for Kaptan
Demir's U.S. Date of Sale
Comment 5: Whether Section 232 Duties Should be Deducted from
Export Price
Comment 6: Whether Commerce Should Reclassify Kaptan Demir's
Claimed Levels of Trade
Comment 7: Whether Commerce Should Adjust the Value of Kaptan
Demir's Scrap and Defective Merchandise
Comment 8: Whether Commerce Should Adjust Kaptan Demir's TOTCOM
for Idle Asset Expenses
Comment 9: Whether Commerce Should Treat INTNFR2U as a Movement
Expense or Commission Expense
Comment 10: Whether Commerce Should Permit an Offset for Kaptan
Demir's Short Term Deposit Income
IX. Recommendation
[FR Doc. 2022-02638 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P