Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent to Rescind in Part; 2020, 73750-73752 [2022-26156]
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73750
Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Notices
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on August 19,
2022, pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 10(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, contact Yvette
Springer via email.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2022–26113 Filed 11–30–22; 8:45 am]
BILLING CODE 3510–JT–P
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; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain 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, 2020, through
December 31, 2020. Additionally,
Commerce intends to rescind the review
with respect to 21 companies. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Konrad Ptaszynski or Brontee George,
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) 482–6187 or
(202) 482–4656, respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
On December 28, 2021, Commerce
published a notice of initiation of an
administrative review for the
VerDate Sep<11>2014
16:31 Nov 30, 2022
Jkt 259001
countervailing duty order on rebar from
Turkey.1 On July 5, 2022, Commerce
extended the deadline for the
preliminary results of this
administrative review by 120 days, until
November 30, 2022.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
Order is rebar from Turkey. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
countervailing duty administrative
review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, we preliminarily
determine 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.4 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
It is Commerce’s practice to rescind
an administrative review of a
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020 Countervailing Duty
Administrative Review,’’ dated July 5, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review, and the Preliminary Intent
to Rescind, in Part: Steel Concrete Reinforcing Bar
from the Republic of Turkey; 2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 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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Fmt 4703
Sfmt 4703
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.5 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.6 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.7 According to the CBP
import data, except for the two
mandatory respondents Colakoglu
Metalurji A.S. and Kaptan Demir Celik
Endustrisi ve Ticaret A. S. (Kaptan), and
the non-selected company, Icdas Celik
Enerji Tersane ve Ulasim Sanayi 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 these 21 other
companies, in accordance with 19 CFR
351.213(d)(3).8
Preliminary Rate for Non-Selected
Companies Under Review
There is one company for which a
review was requested, i.e., Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(including its cross-owned affiliates),
which was not selected as a mandatory
respondent or found to be cross-owned
with a mandatory respondent, and
which also had entries of subject
merchandise during the POR. Because
5 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); and 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).
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
8 The 21 companies are: Acemar International
Limited.; A G Royce Metal Marketing; Agir
Haddecilik A.S.; Ans Kargo Lojistik Tas ve Tic.; As
Gaz Sinai ve Tibbi Gazlar A.S.; Asil Celik Sanayi
ve Ticaret A.S.; Bastug Metalurji Sanayi A.S.;
Baykan Dis Ticaret; Demirsan Haddecilik Sanayi Ve
Ticaret A.S.; Diler Dis Ticaret A.S.; Ege Celik
Endustrisi Sanayi ve Ticaret A.S.; Izmir Demir Celik
Sanayi A.S.; Kibar dis Ticaret A.S.; Kocaer
Haddecilik Sanayi Ve Ticar A.S.; Meral Makina Iml
Ith Ihr Gida; Mettech Metalurji Madencilik
Muhendislik Uretim Danismanlik ve Ticaret
Limited Sirketi; MMZ Onur Boru Profil A.S.; Ozkan
Demir Celik Sanayi A.S.; Sami Soybas Demir Sanayi
ve Ticaret; Wilmar Europe Trading BV; and
YucelBoru Ihracat Ithalat ve Pazarlama.
E:\FR\FM\01DEN1.SGM
01DEN1
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Notices
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 the non-
selected company. 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 Review
We preliminarily find that the net
countervailable subsidy rates for the
period January 1, 2020, through
December 31, 2020, are as follows:
Subsidy rate
(percent ad valorem)
Company
Kaptan Demir Celik Endustrisi ve Ticaret A.S., Kaptan Metal Dis Ticaret ve Nakliyat A.S., and their cross-owned affiliates.9
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji A.S.10 ........................................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and its cross-owned affiliates 11 ...........................................................
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
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).
khammond on DSKJM1Z7X2PROD with NOTICES
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
9 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.
10 Commerce preliminarily finds Colakoglu Dis
Ticaret A.S. and Colakoglu Metalurji A.S to be
cross-owned companies. See Preliminary Decision
Memorandum at 7.
11 In the last review where Icdas was a mandatory
respondent Commerce found 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
Gida Tarim Sanayi ve Ticaret A.S.; Karsan Gemi
Insaa Sanayi Ticaret A.S.; Artmak Denizcilik Ticaret
Ve Sanayi A.S.; and Eras Tasimacilik Taahhut
Ins.Tic A.S. See Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results of
Countervailing Duty Administrative Review and
Rescission, in Part; 2018, 86 FR 53279 (September
27, 2021).
VerDate Sep<11>2014
17:54 Nov 30, 2022
Jkt 259001
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 nonreviewed 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, in accordance with
19 CFR 351.224(b).12
Interested parties may submit written
arguments (case briefs) on the
preliminary results within 30 days of
publication of the preliminary results,
and rebuttal comments (rebuttal briefs)
within seven days after the time limit
for filing case briefs.13 Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case
briefs.14 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. Note that Commerce has
temporarily modified certain of its
requirements for service 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 do so within 30 days after
12 See
19 CFR 351.224(b).
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).
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
13 See
PO 00000
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Sfmt 4703
2.17
0.07 (de minimis)
2.17
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 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: November 22, 2022.
Abdelali Elouaradia,
Deputy 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. Intent to Rescind the Administrative
Review, in Part
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
E:\FR\FM\01DEN1.SGM
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Federal Register / Vol. 87, No. 230 / Thursday, December 1, 2022 / Notices
VIII. Recommendation
[FR Doc. 2022–26156 Filed 11–30–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
khammond on DSKJM1Z7X2PROD with NOTICES
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under Administrative
Protective Order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
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16:31 Nov 30, 2022
Jkt 259001
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
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Sfmt 4703
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of initial
section D responses.
Opportunity to Request a Review: Not
later than the last day of December
2022,2 interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
December for the following periods:
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
2 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when Commerce is closed.
E:\FR\FM\01DEN1.SGM
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Agencies
[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Notices]
[Pages 73750-73752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26156]
-----------------------------------------------------------------------
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; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain 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,
2020, through December 31, 2020. Additionally, Commerce intends to
rescind the review with respect to 21 companies. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 1, 2022.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski or Brontee George,
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) 482-6187 or (202)
482-4656, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce published a notice of initiation of
an administrative review for the countervailing duty order on rebar
from Turkey.\1\ On July 5, 2022, Commerce extended the deadline for the
preliminary results of this administrative review by 120 days, until
November 30, 2022.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020 Countervailing Duty Administrative Review,'' dated
July 5, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review, and the
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing
Bar from the Republic of Turkey; 2020,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is rebar from Turkey. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this countervailing duty administrative
review in accordance with section 751(a)(l)(A) of the Tariff Act of
1930, as amended (the Act). For each of the subsidy programs found to
be countervailable, we preliminarily determine 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.\4\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
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.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\7\ According to the CBP import data, except for the two
mandatory respondents Colakoglu Metalurji A.S. and Kaptan Demir Celik
Endustrisi ve Ticaret A. S. (Kaptan), and the non-selected company,
Icdas Celik Enerji Tersane ve Ulasim Sanayi 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 these 21 other companies, in accordance with 19
CFR 351.213(d)(3).\8\
---------------------------------------------------------------------------
\5\ 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); and
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).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
\8\ The 21 companies are: Acemar International Limited.; A G
Royce Metal Marketing; Agir Haddecilik A.S.; Ans Kargo Lojistik Tas
ve Tic.; As Gaz Sinai ve Tibbi Gazlar A.S.; Asil Celik Sanayi ve
Ticaret A.S.; Bastug Metalurji Sanayi A.S.; Baykan Dis Ticaret;
Demirsan Haddecilik Sanayi Ve Ticaret A.S.; Diler Dis Ticaret A.S.;
Ege Celik Endustrisi Sanayi ve Ticaret A.S.; Izmir Demir Celik
Sanayi A.S.; Kibar dis Ticaret A.S.; Kocaer Haddecilik Sanayi Ve
Ticar A.S.; Meral Makina Iml Ith Ihr Gida; Mettech Metalurji
Madencilik Muhendislik Uretim Danismanlik ve Ticaret Limited
Sirketi; MMZ Onur Boru Profil A.S.; Ozkan Demir Celik Sanayi A.S.;
Sami Soybas Demir Sanayi ve Ticaret; Wilmar Europe Trading BV; and
YucelBoru Ihracat Ithalat ve Pazarlama.
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Preliminary Rate for Non-Selected Companies Under Review
There is one company for which a review was requested, i.e., Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S. (including its cross-owned
affiliates), which was not selected as a mandatory respondent or found
to be cross-owned with a mandatory respondent, and which also had
entries of subject merchandise during the POR. Because
[[Page 73751]]
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 the non-selected company. 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 Review
We preliminarily find that the net countervailable subsidy rates
for the period January 1, 2020, through December 31, 2020, are as
follows:
------------------------------------------------------------------------
Company Subsidy rate (percent ad valorem)
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Kaptan Demir Celik Endustrisi ve 2.17
Ticaret A.S., Kaptan Metal Dis
Ticaret ve Nakliyat A.S., and
their cross-owned affiliates.\9\
Colakoglu Dis Ticaret A.S., 0.07 (de minimis)
Colakoglu Metalurji A.S.\10\.
Icdas Celik Enerji Tersane ve 2.17
Ulasim Sanayi A.S., and its cross-
owned affiliates \11\.
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Assessment Rates
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\9\ 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.
\10\ Commerce preliminarily finds Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S to be cross-owned companies. See Preliminary
Decision Memorandum at 7.
\11\ In the last review where Icdas was a mandatory respondent
Commerce found 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 Gida Tarim Sanayi ve Ticaret A.S.; Karsan
Gemi Insaa Sanayi Ticaret A.S.; Artmak Denizcilik Ticaret Ve Sanayi
A.S.; and Eras Tasimacilik Taahhut Ins.Tic A.S. See Steel Concrete
Reinforcing Bar from the Republic of Turkey: Final Results of
Countervailing Duty Administrative Review and Rescission, in Part;
2018, 86 FR 53279 (September 27, 2021).
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Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and 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, in accordance with 19 CFR
351.224(b).\12\
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\12\ See 19 CFR 351.224(b).
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Interested parties may submit written arguments (case briefs) on
the preliminary results within 30 days of publication of the
preliminary results, and rebuttal comments (rebuttal briefs) within
seven days after the time limit for filing case briefs.\13\ Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised
in the case briefs.\14\ 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. Note that Commerce has
temporarily modified certain of its requirements for service documents
containing business proprietary information, until further notice.\15\
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\13\ 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).
\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\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 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 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: November 22, 2022.
Abdelali Elouaradia,
Deputy 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. Intent to Rescind the Administrative Review, in Part
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
[[Page 73752]]
VIII. Recommendation
[FR Doc. 2022-26156 Filed 11-30-22; 8:45 am]
BILLING CODE 3510-DS-P