Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2020, 34129-34131 [2023-11311]
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices
Commerce extended the deadline for the
final determination of this
circumvention inquiry to May 24,
2023.2 For a summary of events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for the final determination, see
the Issues and Decision Memorandum.3
The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order 4
For a full description of the scope of
the Order, see the Issues and Decision
Memorandum.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
SSWire completed in Vietnam using
Korea-origin SSWR and subsequently
exported from Vietnam to the United
States during the period of inquiry
January 1, 2020, through December 31,
2021.
Methodology
Commerce is conducted this
circumvention inquiry in accordance
with section 781(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.226. See the Preliminary
Determination PDM for a full
description of the methodology.5 We
have continued to apply this
methodology for this final
determination.6
Analysis of Comments Received
ddrumheller on DSK120RN23PROD with NOTICES1
All issues raised in the case and
rebuttal briefs by parties in this inquiry
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice at the
appendix.
2 See Commerce’s Letter, ‘‘Second Extension of
Deadline for Final Results of Circumvention
Inquiry,’’ dated April 4, 2023.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Negative Determination of Circumvention
Inquiry of the Antidumping Duty Order on
Stainless Steel Wire Rod from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Order.
5 See Preliminary Determination PDM at 4–19.
6 See Issues and Decision Memorandum.
VerDate Sep<11>2014
18:14 May 25, 2023
Jkt 259001
Final Negative Determination of
Circumvention
As detailed in the Issues and Decision
Memorandum, Commerce determines
that the imports of SSWire completed in
Vietnam using Korea-origin SSWR and
subsequently exported from Vietnam to
the United States are not circumventing
the Order on a country-wide basis.
Accordingly, Commerce is making a
negative finding of circumvention of the
Order.
Administrative Protective Order
This notice will serve as the only
reminder to all parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversation 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 determination is issued and
published in accordance with section
781(c) of the Act and 19 CFR
351.226(g)(1).
Dated: May 22, 2023.
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. Merchandise Subject to the
Circumvention Inquiry
IV. Scope of the Order
V. Period of Circumvention Inquiry
VI. Discussion of the Issues
Comment 1: Whether Prior Agency
Determinations Are Relevant to Whether
Circumvention Has Occurred in this Case
Comment 2: Whether Commerce Should
Analyze if SSWire Is a Substitute for
SSWR
VII. Recommendation
[FR Doc. 2023–11312 Filed 5–25–23; 8:45 am]
BILLING CODE 3510–DS–P
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34129
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Final Results
of Countervailing Duty Administrative
Review and Rescission, in Part; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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, we are rescinding the
review for 21 companies that had no
shipments of subject merchandise to the
United States during the POR.
DATES: Applicable May 26, 2023.
FOR FURTHER INFORMATION CONTACT: John
McGowan, 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) 482–0461.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results on December 1, 2022,1 and
invited comments from interested
parties. For a description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.2
Scope of the Order 3
The merchandise covered by the
Order is rebar. A full description of the
scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in case briefs are addressed in the Issues
and Decision Memorandum
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Results of
Countervailing Duty Administrative Review and
Intent to Rescind in Part; 2020, 87 FR 73750
(December 1, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of
Turkey; 2020,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (Order).
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26MYN1
34130
Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices
accompanying this notice. A list of
issues raised by the interested parties,
and to which Commerce responded in
the Issues and Decision Memorandum,
are provided in Appendix I to this
notice. The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
the comments received from interested
parties, we revised the calculation of the
net countervailable subsidy rates for
Colakoglu Dis Ticaret A.S. (Colakoglu)
and Kaptan Demir Celik Endustrisi ve
Ticaret A.S. (Kaptan). For a discussion
of the issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a description of
the methodology underlying all of
Commerce’s conclusions, see the Issues
and Decision Memorandum.
Rescission of 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 countervailing duty assessment
rate calculated for the review period.7
According to the CBP import data,
except for the two mandatory
respondents and the non-selected
company, the remaining 21 companies
subject to this review did not have
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.8 There is no
evidence on the record of this segment
of the proceeding to indicate that these
companies had entries, exports, or sales
of subject merchandise to the United
States during the POR. Further, in
response to the Preliminary Results, no
party submitted information to
contradict the information on the
record. Therefore, in accordance with 19
CFR 351.213(d)(3), we are rescinding
the administrative review with respect
to the companies listed in Appendix II.
Rate for Non-Selected Companies
Under Review
There is one company, Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas), for which a review was
requested but which was not selected as
a mandatory respondent or found to be
cross-owned with a mandatory
respondent. We made no changes to the
methodology for determining a rate for
companies not selected for individual
examination from the Preliminary
Results. However, due to changes in
calculations for Colakoglu and Kaptan,
the non-selected rate changed. Thus, for
Icdas, the non-selected company in this
review, we are applying an ad valorem
subsidy rate of 2.15 percent.
Final Results of the Administrative
Review
We find the following net
countervailable subsidy rates for the
POR January 1, 2020, through December
31, 2020:
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 ........................................................
2.15
* 0.07
2.15
ddrumheller on DSK120RN23PROD with NOTICES1
* De minimis.
Disclosure
Assessment Requirements
We intend to disclose the calculations
and analysis performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
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.
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).
VerDate Sep<11>2014
18:14 May 25, 2023
Jkt 259001
7 See
8 See
19 CFR 351.213(d)(3).
Appendix II and Preliminary Results PDM
at 5.
9 Commerce 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 finds Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S to be cross-owned
companies.
11 In the last review Commerce found the
following companies to be cross-owned with Icdas:
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days after 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).
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; 2019, 87 FR 21640
(April 12, 2022).
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, we also intend to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the abovelisted companies with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
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.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
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). 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.
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4) and 19 CFR
351.221(b)(5).
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in
Part
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should
Use Kaptan’s Land Benchmark, Not the
Petitioner’s Land Benchmark
Comment 2: Whether Commerce Should
Revise its Finding That General BITT
Exemptions Are Not Countervailable
Comment 3: Whether Commerce Should
Include Geri Donusum’s Benefits and
Total POR Sales in the Benefit
Calculation for BITT Exemptions
Jkt 259001
List of Rescinded Companies
1. Acemar International Limited
2. A G Royce Metal Marketing
3. Agir Haddecilik A.S.
4. Ans Kargo Lojistik Tas ve Tic.
5. As Gaz Sinai ve Tibbi Gazlar A.S.
6. Asil Celik Sanayi ve Ticaret A.S.
7. Bastug Metalurji Sanayi AS.
8. Baykan Dis Ticaret
9. Demirsan Haddecilik Sanayi Ve Ticaret
A.S.
10. Diler Dis Ticaret A.S.
11. Ege CelikEndustrisi Sanayi ve Ticaret
A.S.
12. Izmir Demir Celik Sanayi A.S.
13. Kibar dis Ticaret A.S.
14. Kocaer Haddecilik Sanayi Ve Ticar A.S.
15. Meral Makina Iml Ith Ihr Gida.
16. Mettech Metalurji Madencilik
Muhendislik Uretim Danismanlik ve
Ticaret Limited Sirketi.
17. MMZ Onur Boru Profil A.S.
18. Ozkan Demir Celik Sanayi A.S.
19. Sami Soybas Demir Sanayi ve Ticaret
20. Wilmar Europe Trading BV
21. Yucel
[FR Doc. 2023–11311 Filed 5–25–23; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC935]
Dated: May 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
18:14 May 25, 2023
Appendix II
BILLING CODE 3510–DS–P
Notification to Interested Parties
VerDate Sep<11>2014
Comment 4: Whether Commerce Should
Rely on Respondents’ Revised and
Adjusted Sales Data
Comment 5: Whether Commerce Should
Tie Benefits Received Under the
Assistance To Offset Costs Related to
Antidumping Duty (AD)/CVD
Investigations Program to Export Sales of
Subject Merchandise
IX. Recommendation
Pacific Island Fisheries; Marine
Conservation Plan for Pacific Insular
Areas other Than American Samoa,
Guam, and the Northern Mariana
Islands; Western Pacific Sustainable
Fisheries Fund
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency decision.
AGENCY:
NMFS announces approval of
a Marine Conservation Plan (MCP) for
Pacific Insular Areas other than
American Samoa, Guam, and the
Northern Mariana Islands.
DATES: This agency decision is effective
from August 4, 2023, through August 3,
2026.
ADDRESSES: You may obtain a copy of
the MCP, identified by NOAA–NMFS–
2023–0056, from the Federal eSUMMARY:
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34131
Rulemaking Portal, https://
www.regulations.gov/docket/NOAANMFS-2023-0056, or from the Western
Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, 808–522–8220,
https://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Keith Kamikawa, Sustainable Fisheries,
NMFS Pacific Islands Regional Office,
808–725–5177.
SUPPLEMENTARY INFORMATION: Section
204(e) of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) authorizes the
Secretary of State, with the concurrence
of the Secretary of Commerce
(Secretary), and in consultation with the
Council, to negotiate and enter into a
Pacific Insular Area fishery agreement
(PIAFA). A PIAFA would allow foreign
fishing within the U.S. Exclusive
Economic Zone (EEZ) adjacent to a
Pacific Insular Area other than
American Samoa, Guam, or the
Northern Mariana Islands, that is, in the
EEZ around the Pacific Remote Island
Areas (PRIA). The PRIA are Baker
Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, Midway
Island, Palmyra Atoll, and Wake Island.
Before entering into a PIAFA for the
PRIA, the Council must develop and
submit to the Secretary a 3-year MCP
that details the uses for funds collected
by the Secretary under the PIAFA.
NMFS is the designee of the Secretary
for MCP review and approval.
The Magnuson-Stevens Act requires
payments received under a PIAFA, and
any funds or contributions received in
support of conservation and
management objectives for the MCP, to
be deposited into the Western Pacific
Sustainable Fisheries Fund (Fund) for
use by the Council. Additionally, in the
case of violations by foreign fishing
vessels in the EEZ around the PRIA,
amounts received by the Secretary
attributable to fines and penalties
imposed under the Magnuson-Stevens
Act, including sums collected from the
forfeiture and disposition or sale of
property seized subject to its authority,
are deposited into the Fund for use by
the Council, after direct costs of the
enforcement action are subtracted.
Section 204(e)(7)(C) of the MagnusonStevens Act also authorizes the Council
to use the Fund to meet conservation
and management objectives in the State
of Hawaii, if funds remain available.
An MCP must be consistent with the
Council’s fishery ecosystem plans
(FEPs), must identify conservation and
management objectives (including
criteria for determining when such
objectives have been met), and must
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]]>Agencies
[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34129-34131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11311]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Countervailing Duty Administrative Review and Rescission, in
Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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, we are rescinding the review for 21 companies that
had no shipments of subject merchandise to the United States during the
POR.
DATES: Applicable May 26, 2023.
FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on December 1, 2022,\1\
and invited comments from interested parties. For a description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent to Rescind in Part; 2020, 87 FR 73750 (December 1,
2022) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2020,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is rebar. A full description
of the scope of the Order is contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties in case briefs are
addressed in the Issues and Decision Memorandum
[[Page 34130]]
accompanying this notice. A list of issues raised by the interested
parties, and to which Commerce responded in the Issues and Decision
Memorandum, are provided in Appendix I to this notice. The Issues and
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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and the comments received from
interested parties, we revised the calculation of the net
countervailable subsidy rates for Colakoglu Dis Ticaret A.S.
(Colakoglu) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan).
For a discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\4\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and 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.
---------------------------------------------------------------------------
Rescission of 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 countervailing duty assessment rate calculated for the review
period.\7\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
According to the CBP import data, except for the two mandatory
respondents and the non-selected company, the remaining 21 companies
subject to this review did not have reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\8\ There
is no evidence on the record of this segment of the proceeding to
indicate that these companies had entries, exports, or sales of subject
merchandise to the United States during the POR. Further, in response
to the Preliminary Results, no party submitted information to
contradict the information on the record. Therefore, in accordance with
19 CFR 351.213(d)(3), we are rescinding the administrative review with
respect to the companies listed in Appendix II.
---------------------------------------------------------------------------
\8\ See Appendix II and Preliminary Results PDM at 5.
---------------------------------------------------------------------------
Rate for Non-Selected Companies Under Review
There is one company, Icdas Celik Enerji Tersane ve Ulasim Sanayi
A.S. (Icdas), for which a review was requested but which was not
selected as a mandatory respondent or found to be cross-owned with a
mandatory respondent. We made no changes to the methodology for
determining a rate for companies not selected for individual
examination from the Preliminary Results. However, due to changes in
calculations for Colakoglu and Kaptan, the non-selected rate changed.
Thus, for Icdas, the non-selected company in this review, we are
applying an ad valorem subsidy rate of 2.15 percent.
Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the POR
January 1, 2020, through December 31, 2020:
---------------------------------------------------------------------------
\9\ Commerce 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 finds Colakoglu Dis Ticaret A.S. and Colakoglu
Metalurji A.S to be cross-owned companies.
\11\ In the last review 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; 2019, 87 FR 21640
(April 12, 2022).
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
Kaptan Demir Celik Endustrisi ve Ticaret A.S., 2.15
Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
their cross-owned affiliates \9\..............
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji * 0.07
A.S.\10\......................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi 2.15
A.S., and its cross-owned affiliates \11\.....
------------------------------------------------------------------------
* De minimis.
Disclosure
We intend to disclose the calculations and analysis performed for
these final results of review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after 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).
[[Page 34131]]
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we also intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown above for the above-listed companies with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of 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.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an 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). 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
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: May 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should Use Kaptan's Land Benchmark,
Not the Petitioner's Land Benchmark
Comment 2: Whether Commerce Should Revise its Finding That
General BITT Exemptions Are Not Countervailable
Comment 3: Whether Commerce Should Include Geri Donusum's
Benefits and Total POR Sales in the Benefit Calculation for BITT
Exemptions
Comment 4: Whether Commerce Should Rely on Respondents' Revised
and Adjusted Sales Data
Comment 5: Whether Commerce Should Tie Benefits Received Under
the Assistance To Offset Costs Related to Antidumping Duty (AD)/CVD
Investigations Program to Export Sales of Subject Merchandise
IX. Recommendation
Appendix II
List of Rescinded Companies
1. Acemar International Limited
2. A G Royce Metal Marketing
3. Agir Haddecilik A.S.
4. Ans Kargo Lojistik Tas ve Tic.
5. As Gaz Sinai ve Tibbi Gazlar A.S.
6. Asil Celik Sanayi ve Ticaret A.S.
7. Bastug Metalurji Sanayi AS.
8. Baykan Dis Ticaret
9. Demirsan Haddecilik Sanayi Ve Ticaret A.S.
10. Diler Dis Ticaret A.S.
11. Ege CelikEndustrisi Sanayi ve Ticaret A.S.
12. Izmir Demir Celik Sanayi A.S.
13. Kibar dis Ticaret A.S.
14. Kocaer Haddecilik Sanayi Ve Ticar A.S.
15. Meral Makina Iml Ith Ihr Gida.
16. Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve
Ticaret Limited Sirketi.
17. MMZ Onur Boru Profil A.S.
18. Ozkan Demir Celik Sanayi A.S.
19. Sami Soybas Demir Sanayi ve Ticaret
20. Wilmar Europe Trading BV
21. Yucel
[FR Doc. 2023-11311 Filed 5-25-23; 8:45 am]
BILLING CODE 3510-DS-P
