Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 50100-50102 [2023-16304]
Download as PDF
<![CDATA[
50100
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Notices
the Docket Clerk, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Room 1406–
S, Washington, DC 20250–0237; Fax:
(202) 720–8938; or submitted through
the internet at https://
www.regulations.gov.
lotter on DSK11XQN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
Title: Export Fruit Regulations—
Export Apple Act (7 CFR part 33) and
the Export Grape and Plum Act (7 CFR
part 35).
OMB Number: 0581–0143.
Expiration Date of Approval:
September 30, 2023.
Type of Request: Request for Renewal
of a Recordkeeping Burden.
Abstract: Fresh apples and grapes
grown in the United States shipped to
any foreign destination must meet
minimum quality and other
requirements established by regulations
issued under the Export Apple Act (7
U.S.C. 581–590) and the Export Grape
and Plum Act (7 U.S.C. 591–599) (Acts),
which are found at 7 CFR parts 33 and
35, respectively. Both Acts were
designed to promote foreign trade in the
export of apples, grapes and plums
grown in the United States; to protect
the reputation of the American-grown
commodities; and to prevent deception
or misrepresentation of the quality of
such products moving in foreign
commerce. The Acts have been in effect
since 1933 (apples) and 1960 (grapes).
Currently, plums are not regulated
under the Export Grape and Plum Act.
The Secretary of Agriculture is
authorized to oversee the
implementation of the Acts and issue
regulations regarding that activity.
Regulations issued under the Acts cover
exports of fresh apples and grapes
grown in the United States and shipped
to foreign destinations, except for grapes
shipped to Canada or Mexico and
apples in bulk bins shipped to Canada.
Certain limited quantity provisions may
exempt some shipments from this
information collection. Regulations
issued under the Acts (7 CFR 33.11 for
apples and 35.12 for grapes) require that
the U.S. Department of Agriculture
(USDA) officially inspect and certify
that each export shipment of fresh
apples and grapes complies with quality
and shipping requirements effective
under the Acts.
The information collection
requirements in this request are
essential to carry out the intent and
administration of the Acts. The
currently approved collection under
OMB No. 0581–0143 authorizes the use
of an Export Form Certificate (SC–205).
Federal or Federal-State Inspection
Program (FSIP) inspectors use the
VerDate Sep<11>2014
18:34 Jul 31, 2023
Jkt 259001
Export Form Certificate to certify
inspection of the shipment for exports
bound for non-Canadian destinations.
Procedures require shippers to maintain
and provide, upon USDA’s request, a
paper or electronic copy of the SC–205
when needed for USDA to monitor
compliance with regulations. Based on
procedures amended in 2016 and
approved by OMB for information
collection purposes, carriers, which
transport goods on behalf of shippers,
are no longer required to maintain a
copy of the SC–205.
Estimate of Burden: Public
recordkeeping burden for this collection
of information is estimated to average
0.058 hours per response.
Respondents (Recordkeepers): Apple
and grape export shippers and carriers.
Estimated Number of Recordkeepers:
200 (150 shippers and carriers of
exported apples and 50 shippers and
carriers of exported grapes).
Estimated Total Annual Responses:
90,000.
Estimated Number of Responses per
Recordkeeper: 775 for apples and 882
for grapes.
Estimated Total Annual Burden on
Recordkeepers: 9,750 hours.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
All comments received will be available
for public inspection at the street
address in the ‘‘Comment’’ section and
can be viewed at: www.regulations.gov.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–16296 Filed 7–31–23; 8:45 am]
BILLING CODE P
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–24–2023]
Foreign-Trade Zone (FTZ) 1;
Authorization of Production Activity;
Jos. H Lowenstein & Sons, Inc.;
(Dyestuff Chemicals for Hair, Fur and,
Leather); Brooklyn, New York
On March 29, 2023, the City of New
York, grantee of FTZ 1, submitted a
notification of proposed production
activity to the FTZ Board on behalf of
Jos. H Lowenstein & Sons, Inc., within
Subzone 1E, in Brooklyn, New York.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 20853–20855,
April 7, 2023). On July 27, 2023, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: July 27, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–16270 Filed 7–31–23; 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: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers/exporters of
steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey)
made sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) July 1, 2021, through June 30,
2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
AGENCY:
E:\FR\FM\01AUN1.SGM
01AUN1
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Notices
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce
published in the Federal Register an
antidumping duty order on rebar from
Turkey.1 On September 6, 2022, based
on timely requests for review,
Commerce initiated an administrative
review of the Order covering seven
companies, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).2 On February 17,
2023, we extended the deadline for the
preliminary results of this
administrative review until July 28,
2023.3 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
Scope of the Order
The merchandise covered by the
Order is rebar from Turkey. For a full
description of the scope, see the
Preliminary Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Act. We calculated export price and
constructed export price in accordance
with section 772 of the Act. We
calculated NV in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended
by Notice of Court Decision Not in Harmony with
the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended
Final Determination, 87 FR 934 (January 22, 2022)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022) (Initiation Notice).
3 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 17, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
VerDate Sep<11>2014
18:34 Jul 31, 2023
Jkt 259001
50101
Disclosure and Public Comment
We intend to disclose the calculations
performed in connection with these
preliminary results to interested parties
within five days after the date of
publication of this notice in the Federal
Register.6 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
Preliminary Results of Review
after the date of publication of this
notice. Rebuttal briefs, limited to issues
We preliminarily determine the
raised in the case briefs, may be filed
following weighted-average dumping
margins exist for the period July 1, 2021, not later than seven days after the date
for filing case briefs.7 Parties who
through June 30, 2022:
submit case briefs or rebuttal briefs in
Weighted- this proceeding are encouraged to
average
submit with each argument: (1) a
Exporter/producer
dumping
statement of the issue; (2) a brief
margin
summary of the argument; and (3) a
(percent)
table of authorities.8 Case and rebuttal
briefs should be filed using ACCESS.9
Colakoglu Metalurji A.S./
Colakoglu Dis Ticaret A.S. ......
0.00 Note that Commerce has temporarily
Kaptan Demir Celik Endustrisi
modified certain of its requirements for
Ve Ticaret A.S./Kaptan Metal
serving documents containing business
Dis Ticaret Ve Nakliyat A.S. ...
29.30 proprietary information, until further
Companies Not Selected for Innotice.10
dividual Review 5 .....................
29.30
Interested parties who wish to request
a hearing must do so within 30 days of
Review-Specific Rate for Companies
publication of these preliminary results
Not Selected for Individual Review
by submitting a written request to the
Assistant Secretary for Enforcement and
The Act and Commerce’s regulations
Compliance using Enforcement and
do not address the rate to be applied to
Compliance’s ACCESS system.11
companies not selected for individual
Hearing requests should contain: (1) the
examination when Commerce limits its
party’s name, address, and telephone
examination in an administrative review number; (2) the number of participants:
pursuant to section 777A(c)(2) of the
and (3) a list of the issues to be
Act. Generally, Commerce looks to
discussed. Oral presentations at the
section 735(c)(5) of the Act, which
hearing will be limited to issues raised
provides instructions for calculating the in the briefs.12 If a request for a hearing
all-others rate in a less-than-fair value
is made, parties will be notified of the
(LTFV) investigation, for guidance when time and date for the hearing.13
calculating the rate for companies
Unless otherwise extended,
which were not selected for individual
Commerce intends to issue the final
examination in an administrative
results of this administrative review,
review. Under section 735(c)(5)(A) of
including the results of its analysis of
the Act, the all-others rate is normally
the issues raised in any written briefs,
an amount equal to the weighted
not later than 120 days after the date of
average of the estimated weightedpublication of this notice in the Federal
average dumping margins established
Register, pursuant to section
for exporters and producers
751(a)(3)(A) of the Act and 19 CFR
individually investigated, excluding any 351.213(h)(1).
zero or de minimis margins, and any
Assessment Rates
margins determined entirely on the
basis of facts available.
Upon completion of this
For these preliminary results, because administrative review, Commerce shall
the rate calculated for Colakoglu
6 See 19 CFR 351.224(b).
Metalurji A.S./Colakoglu Dis Ticaret
7 Commerce is exercising its discretion, under 19
A.S. (collectively, Colakoglu) is zero, we CFR 351.309(d)(1), to alter the time limit for filing
have preliminarily assigned a dumping
of rebuttal briefs.
8 See 19 CFR 351.309(c)(2) and (d)(2).
margin to these companies based on the
9 See, generally, 19 CFR 351.303.
rate calculated for Kaptan Demir Celik
10 See Temporary Rule Modifying AD/CVD
Endustrisi Ve Ticaret A.S./Kaptan Metal
Service Requirements Due to COVID–19; Extension
Dis Ticaret Ve Nakliyat A.S.
of Effective Period, 85 FR 41363 (July 10, 2020)
(collectively, Kaptan).
(Temporary Rule).
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.
11 See
exporters and/or producers not selected for
individual review are listed in Appendix II.
PO 00000
5 The
Frm 00003
Fmt 4703
Sfmt 4703
19 CFR 351.310(c).
19 CFR 351.310.
13 See 19 CFR 351.310(d).
12 See
E:\FR\FM\01AUN1.SGM
01AUN1
50102
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review. Pursuant
to 19 CFR 351.212(b)(1), because both
respondents reported the entered value
for their U.S. sales, we calculated
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those same sales. Where either
the respondent’s weighted-average
dumping margin is zero or de minimis
within the meaning of 19 CFR
351.106(c), or an importer-specific rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Colakoglu or Kaptan for which these
companies did not know that the
merchandise they sold to an
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. We will instruct CBP
to liquidate those entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.14
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the review-specific rate,
calculated as noted in the ‘‘ReviewSpecific Rate for Companies Not
Selected for Individual Review’’ section,
above. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.15
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).
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
18:34 Jul 31, 2023
Jkt 259001
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 the companies
listed above will be equal to the
weighted-average dumping margin
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 reviewed or investigated
companies not covered by 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
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the LTFV 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 the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 3.90 percent, the allothers rate established in the LTFV
investigation.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a 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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
PO 00000
16 See
Order, 87 FR at 935.
Frm 00004
Fmt 4703
Sfmt 4703
Dated: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II—List of Companies Not
Selected for Individual Examination
1. Diler Dis Ticaret A.S.
2. Ekinciler Demir ve Celik Sanayi A.S.
3. Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S.
4. Icdas Celik Enerji Tersane ve Ulasim
Sanayi A.S.
5. Sami Soybas Demir Sanayi ve Ticaret A.S.
[FR Doc. 2023–16304 Filed 7–31–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
U.S. Department of Commerce
(Commerce) and the International Trade
Commission automatically initiate and
conduct reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for
September 2023
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in September
2023 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Reviews (Sunset Review).
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50100-50102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16304]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of steel concrete reinforcing bar
(rebar) from the Republic of Turkey (Turkey) made sales of subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) July 1, 2021, through June 30, 2022.
We invite interested parties to comment on these preliminary results.
DATES: Applicable August 1, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
[[Page 50101]]
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-0029,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce published in the Federal Register an
antidumping duty order on rebar from Turkey.\1\ On September 6, 2022,
based on timely requests for review, Commerce initiated an
administrative review of the Order covering seven companies, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\2\ On February 17, 2023, we extended the deadline for the
preliminary results of this administrative review until July 28,
2023.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey and Japan: Amended Final Affirmative Antidumping Duty
Determination for the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended by 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
17, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of Turkey; 2020-2021,''
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
full description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margins exist for the period July 1, 2021, through June 30, 2022:
---------------------------------------------------------------------------
\5\ The exporters and/or producers not selected for individual
review are listed in Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.......... 0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan Metal 29.30
Dis Ticaret Ve Nakliyat A.S................................
Companies Not Selected for Individual Review \5\............ 29.30
------------------------------------------------------------------------
Review-Specific Rate for Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair value (LTFV) investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely on the basis of facts available.
For these preliminary results, because the rate calculated for
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S. (collectively,
Colakoglu) is zero, we have preliminarily assigned a dumping margin to
these companies based on the rate calculated for Kaptan Demir Celik
Endustrisi Ve Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S.
(collectively, Kaptan).
Disclosure and Public Comment
We intend to disclose the calculations performed in connection with
these preliminary results to interested parties within five days after
the date of publication of this notice in the Federal Register.\6\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\8\ Case and rebuttal briefs should be filed using
ACCESS.\9\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\10\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See, generally, 19 CFR 351.303.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\11\
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. Oral presentations at the hearing will be
limited to issues raised in the briefs.\12\ If a request for a hearing
is made, parties will be notified of the time and date for the
hearing.\13\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310.
\13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, Commerce shall
[[Page 50102]]
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1),
because both respondents reported the entered value for their U.S.
sales, we calculated importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
those same sales. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c), or an importer-specific rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Colakoglu or Kaptan
for which these companies did not know that the merchandise they sold
to an intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. We will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\14\
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific rate,
calculated as noted in the ``Review-Specific Rate for Companies Not
Selected for Individual Review'' section, above. The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by this review and for future
deposits of estimated duties, where applicable.\15\
---------------------------------------------------------------------------
\15\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 the companies
listed above will be equal to the weighted-average dumping margin
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 reviewed or investigated companies not covered by
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 participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
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 the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
3.90 percent, the all-others rate established in the LTFV
investigation.\16\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\16\ See Order, 87 FR at 935.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results 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: July 26, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II--List of Companies Not Selected for Individual Examination
1. Diler Dis Ticaret A.S.
2. Ekinciler Demir ve Celik Sanayi A.S.
3. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
4. Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
5. Sami Soybas Demir Sanayi ve Ticaret A.S.
[FR Doc. 2023-16304 Filed 7-31-23; 8:45 am]
BILLING CODE 3510-DS-P
