Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2021, 85234-85236 [2023-26881]
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85234
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceedings. 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
violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act and 19 CFR
351.218(f)(4).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–26884 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–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 Rescission
of Administrative Review, in Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey) during the
period of review (POR) January 1, 2021,
through December 31, 2021. In addition,
we are rescinding the review with
respect to 15 companies and
announcing our preliminary intent to
rescind this review with respect to four
companies. Interested parties are invited
to comment on these preliminary
results.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
DATES:
Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Stefan Smith,
AD/CVD Operations, Office I,
Enforcement and Compliance,
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20:23 Dec 06, 2023
Jkt 262001
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1395 or
(202) 482–3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce
published in the Federal Register the
countervailing duty order on rebar from
Turkey.1 On November 1, 2022,
Commerce published the notice of
opportunity to request an administrative
review of the Order.2 On January 3,
2023, based on timely requests for an
administrative review, Commerce
published the notice of initiation of an
administrative review of the Order.3 On
March 28, 2023, Commerce selected
Colakoglu Metalurji A.S. (Colakoglu)
and Kaptan Demir Celik Endustrisi ve
Ticaret A.S. (Kaptan) as the mandatory
respondents in this review.4 On July 17,
2023, Commerce extended the deadline
for the preliminary results of this
administrative review until November
30, 2023.5
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included in 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
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50, (January 3, 2023); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642, (March 14,
2023).
4 See Memorandum, ‘‘Respondent Selection
Memorandum,’’ dated March 28, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 17, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the 2021
Countervailing Duty Administrative Review and
Rescission of Review in Part: Steel Concrete
Reinforcing Bar from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The product 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)(1) of the Tariff Act of 1930, as
amended (the Act). For each subsidy
program found countervailable,
Commerce preliminarily determines
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.7 For a
full description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, In
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On April 3, 2022,
the Rebar Trade Coalition (the
petitioner) timely withdrew its requests
for an administrative review of Icdas
and its cross-owned affiliates (i.e.,
Mardas Marmara Deniz Isletmeciligi
A.S.; Artmak Denizcilik Ticaret ve
Sanayi 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.; Eras Tasimacilik Taahhut
Insaat ve Ticaret A.S.; and Karsan Gemi
Insaa Sanayi Ticaret A.S.).8 Because the
withdrawal request from the petitioner
was timely filed, and no other party
requested a review of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
the Icdas and its cross-owned affiliates
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
determine that the following companies
had no entries of subject merchandise
during the POR: Ans Kargo Lojistik Tas
7 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.
8 See Petitioner’s, ‘‘Partial Withdrawal of Request
for Administrative Review,’’ dated April 1, 2023
E:\FR\FM\07DEN1.SGM
07DEN1
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
ve Tic; Baykan Dis Ticaret; Kibar dis
Ticaret A.S.; Meral Makina Iml Ith Ihr
Gida; Sami Soybas Demir Sanayi ve
Ticaret; and Yucel Boru Ihracat Ithalat
ve Pazarlama. On April 17, 2023, we
notified parties of our intent to rescind
the administrative review with respect
to the four companies because there are
no reviewable suspended entries.9 No
parties commented on the notification
of intent to rescind the review, in part.
Pursuant to 19 CFR 351.213(d)(3), we
are rescinding the administrative review
of these companies. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminary find that the net
countervailable subsidy rates exist for
the period January 1, 2021, through
December 31, 2021:
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 10 .......................................................................................................................................................................................
Colakoglu Metalurji A.S ...............................................................................................................................................................
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct CBP to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the producer/
exporters shown above. Upon issuance
of the final results of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated April 17, 2023.
10 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.
VerDate Sep<11>2014
20:23 Dec 06, 2023
Jkt 262001
appropriate entries covered by this
review.
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). For the
companies remaining in the review, we
intend 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).
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.11 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.12 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
11 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
13 See 19 351.309(c)(2) and (d)(2)
12 See
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
5.54
0.03 (de minimis)
contents listing each issue; and (2) a
table of authorities.13
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.14 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).15
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See APO and Final Service Rule.
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, 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 30, 2023.
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. Rescission of Administrative Review, in
Part
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–26881 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Background
On June 7, 2023, Commerce published
the Preliminary Results of this
administrative review in the Federal
Register,1 and invited interested parties
to comment. For a complete description
of the events that followed the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
postponed these final results until
December 1, 2023.3
Scope of the Order 4
The merchandise covered by the
Order is welded pipe. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed is attached to this
notice as an appendix. 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.
Large Diameter Welded Pipe From the
Republic of Korea: Final Results of
Countervailing Duty Administrative
Review; 2021
Changes Since the Preliminary Results
Based on our analysis of the case and
rebuttal briefs and the evidence on the
record, we made certain changes from
the Preliminary Results related to the
benefit calculations of certain programs
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers and/or exporters of large
diameter welded pipe (welded pipe)
from the Republic of Korea (Korea)
received countervailable subsidies
during the period of review (POR),
January 1, 2021, through December 31,
2021.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler or Faris Montgomery,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
1 See Large Diameter Welded Pipe from the
Republic of Korea: Preliminary Results and Partial
Rescission of the Countervailing Duty
Administrative Review; 2021, 88 FR 37200 (June 7,
2023) (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
Large Diameter Welded Pipe from the Republic of
Korea; 2021,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memoranda, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review; 2021,’’ dated September 27, 2023; and
‘‘Second Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2021,’’
dated November 8, 2023.
4 See Large Diameter Welded Pipe from the
Republic of Korea: Countervailing Duty Order, 84
FR 18773 (May 2, 2019) (Order).
[C–580–898]
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9175 or
(202) 482–1537, respectively.
SUPPLEMENTARY INFORMATION:
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20:23 Dec 06, 2023
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due to data corrections based on
verification findings. These changes are
explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this 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 governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
description of the methodology
underlying Commerce’s conclusions,
see the Issues and Decision
Memorandum.
Verification
As provided in section 782(i) of the
Act, in August and September 2023,
Commerce conducted on-site
verification of the subsidy information
reported by Hyundai RB Co., Ltd
(Hyundai RB), SeAH Steel Corporation
(SeAH Steel), and the Government of
Korea. We used standard on-site
verification procedures, including an
examination of relevant accounting
records and original source documents
provided by the respondents.
Rate for Non-Selected Companies
Generally, Commerce looks to section
705(c)(5) of the Act for guidance for
calculating the rate for companies that
were not selected for individual
examination in an administrative
review. Section 705(c)(5)(A) of the Act
states that for companies not
investigated, in general, we will
determine an all-others rate by weight
averaging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on facts otherwise
available. Here, the only rate that is not
zero, de minimis, or based entirely on
facts otherwise available is the rate
calculated for Hyundai RB.
Consequently, we are assigning this rate
to HiSteel Co., Ltd., the only company
not selected for individual examination.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we determine the
following net countervailable subsidy
rates exist for the POR January 1, 2021,
through December 31, 2021:
5 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.
E:\FR\FM\07DEN1.SGM
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Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85234-85236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26881]
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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
Rescission of Administrative Review, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of steel concrete reinforcing bar (rebar) from
the Republic of Turkey (Turkey) during the period of review (POR)
January 1, 2021, through December 31, 2021. In addition, we are
rescinding the review with respect to 15 companies and announcing our
preliminary intent to rescind this review with respect to four
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Stefan Smith,
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) 482-1395 or (202)
482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the
countervailing duty order on rebar from Turkey.\1\ On November 1, 2022,
Commerce published the notice of opportunity to request an
administrative review of the Order.\2\ On January 3, 2023, based on
timely requests for an administrative review, Commerce published the
notice of initiation of an administrative review of the Order.\3\ On
March 28, 2023, Commerce selected Colakoglu Metalurji A.S. (Colakoglu)
and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan) as the
mandatory respondents in this review.\4\ On July 17, 2023, Commerce
extended the deadline for the preliminary results of this
administrative review until November 30, 2023.\5\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, (January 3, 2023); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 15642, (March 14, 2023).
\4\ See Memorandum, ``Respondent Selection Memorandum,'' dated
March 28, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
17, 2023.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the 2021 Countervailing Duty Administrative Review
and Rescission of Review in Part: Steel Concrete Reinforcing Bar
from the Republic of Turkey,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product 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)(1) of the Tariff Act of 1930,
as amended (the Act). For each subsidy program found countervailable,
Commerce preliminarily determines 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.\7\ For a full
description of the methodology underlying our conclusions, including
our reliance, in part, on facts otherwise available pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ 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
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On April 3, 2022, the Rebar
Trade Coalition (the petitioner) timely withdrew its requests for an
administrative review of Icdas and its cross-owned affiliates (i.e.,
Mardas Marmara Deniz Isletmeciligi A.S.; Artmak Denizcilik Ticaret ve
Sanayi 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.; Eras Tasimacilik Taahhut Insaat ve Ticaret
A.S.; and Karsan Gemi Insaa Sanayi Ticaret A.S.).\8\ Because the
withdrawal request from the petitioner was timely filed, and no other
party requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to the Icdas and its cross-owned affiliates
---------------------------------------------------------------------------
\8\ See Petitioner's, ``Partial Withdrawal of Request for
Administrative Review,'' dated April 1, 2023
---------------------------------------------------------------------------
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following companies had no entries of
subject merchandise during the POR: Ans Kargo Lojistik Tas
[[Page 85235]]
ve Tic; Baykan Dis Ticaret; Kibar dis Ticaret A.S.; Meral Makina Iml
Ith Ihr Gida; Sami Soybas Demir Sanayi ve Ticaret; and Yucel Boru
Ihracat Ithalat ve Pazarlama. On April 17, 2023, we notified parties of
our intent to rescind the administrative review with respect to the
four companies because there are no reviewable suspended entries.\9\ No
parties commented on the notification of intent to rescind the review,
in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the
administrative review of these companies. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated April 17, 2023.
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Preliminary Results of Review
We preliminary find that the net countervailable subsidy rates
exist for the period January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Kaptan Demir Celik Endustrisi ve Ticaret A.S., 5.54
Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
their cross-owned affiliates \10\..................
Colakoglu Metalurji A.S............................. 0.03 (de minimis)
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Cash Deposit Requirements
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\10\ 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.
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In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. If
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.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) 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.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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).
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\11\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\12\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\13\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\13\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system,
[[Page 85236]]
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, 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 30, 2023.
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. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-26881 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P