Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 100957-100959 [2024-29428]
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
deposit rate for all other producers or
exporters will continue to be the allothers rate established in the LTFV
investigation (i.e., 8.35 percent).22 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Final Results of Review
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case and rebuttal
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).23
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, 19 CFR
351.213(h)(2), and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–29327 Filed 12–12–24; 8:45 am]
BILLING CODE 3510–DS–P
22 See
Order, 81 FR at 81063.
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
23 See
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18:12 Dec 12, 2024
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Türkiye: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of steel concrete
reinforcing bar (rebar) from the Republic
of Türkiye (Türkiye) during the period
of review (POR) January 1, 2022,
through December 31, 2022.
Additionally, Commerce is rescinding
this review with respect to six
companies. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
Applicable December 13, 2024.
Ajay
Menon, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0208.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On November 6, 2014, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
rebar from Türkiye.1 On November 2,
2023, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order for the POR.2 On December
29, 2023, Commerce published the
notice of the initiation of this
administrative review in the Federal
Register.3 On July 11, 2024, Commerce
extended the time period for issuing
these preliminary results by 117 days, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act).4 On July 22, 2024, Commerce
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, 88 FR 75270 (November 2,
2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023).
4 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from the Republic of Türkiye: Extension of
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100957
tolled certain deadlines in this
administrative proceeding by seven
days.5 On November 22, 2024,
Commerce extended the time period for
issuing these preliminary results by an
additional three days.6 The deadline for
these preliminary results is now
December 6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of topics
included in the Preliminary Decision
Memorandum is provided 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.
Scope of the Order
The merchandise covered by the
Order is rebar from Türkiye. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Act. For each of the subsidy
programs found countervailable, we
preliminarily find that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and the subsidy is specific.8
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Deadline for Preliminary Results of 2022
Countervailing Duty Administrative Review,’’ dated
July 11, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Türkiye: Second Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty
Administrative Review,’’ dated November 22, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Steel Concrete
Reinforcing Bar from the Republic of Türkiye;
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
8 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\13DEN1.SGM
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100958
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
khammond on DSK9W7S144PROD with NOTICES
Companies Not Selected for Individual
Examination
The Act and Commerce’s regulations
do not directly address the subsidy rate
to be applied to companies not selected
for individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ 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 the facts
available.
In this administrative review,
Commerce preliminarily calculated a de
minimis rate for Icdas Celik Enerji
Tersane ve Ulasim Sanayi A.S.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the preliminary
rate calculated for Kaptan Demir Celik
Endustrisi ve Ticaret A.S. (Kaptan).
Consequently, for these preliminary
results, we are assigning Colakoglu
Metalurji A.S. the rate calculated for
Kaptan.
Rescission of Administrative Review, in
Part
Commerce’s practice is to rescind an
administrative review of a CVD order,
pursuant to 19 CFR 351.213(d)(1), when
the interested party that requested a
review withdraws the request within 90
days of publication of the notice of
initiation of the requested review.
Commerce received timely-filed
withdrawal requests with respect to six
companies, pursuant to 19 CFR
351.213(d)(1): (1) Ans Kargo Lojistik Tas
ve Tic Baykan Dis Ticaret; (2) Baykan
Dis Ticaret; (3) Kibar dis Ticaret A.S.;
(4) Meral Makina Iml Ith Ihr Gida; (5)
Sami Soybas Demir Sanayi ve Ticaret;
and (6) Yucel Boru Ihracat Ithalat ve
Pazarlama.9 Because the withdrawal
requests were timely filed, and no other
party requested a review of these
9 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated January
22, 2024.
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18:12 Dec 12, 2024
Jkt 265001
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review with respect to these six
companies.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022:
Subsidy rate
(percent ad valorem)
Company
Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S.
Kaptan Demir Celik
Endustrisi ve Ticaret A.S.
Colakoglu Metalurji A.S ........
0.14 (de minimis).
2.54.
2.54.
Disclosure and Public Comment
Commerce intends to disclose its
calculations performed to interested
parties for these preliminary results
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
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 this notice.
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. Interested parties who
submit case or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.10 All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety in
ACCESS by 5:00 p.m. Eastern Time on
the established deadline.
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.11 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
10 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
Service Procedures).
11 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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including citations. We intend to use
the public 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 public 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).12
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 by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; (3) a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce will inform parties
of the scheduled date for the hearing.13
Assessment Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
For the companies for which
Commerce is rescinding this review,
Commerce 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, 2022, through December 31, 2022, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue assessment
instructions to CBP regarding these
companies no earlier than 35 days after
the date of publication of this notice in
the Federal Register.
For the companies listed in the table
above, 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
12 See
13 See
E:\FR\FM\13DEN1.SGM
APO and Service Procedures.
19 CFR 351.310(d).
13DEN1
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
DEPARTMENT OF COMMERCE
Cash Deposit Requirements
[C–489–845]
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 estimated countervailing
duties in the amounts shown for the
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. 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.
Certain Aluminum Foil From the
Republic of Türkiye: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2022
International Trade Administration
Final Results of Administrative Review
Unless otherwise extended, pursuant
to section 751(a)(3)(A) of the Act,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by parties in their
comments, within 120 days after the
date of publication of these preliminary
results in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
khammond on DSK9W7S144PROD with NOTICES
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Türkiye’s Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024–29428 Filed 12–12–24; 8:45 am]
BILLING CODE 3510–DS–P
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18:12 Dec 12, 2024
Jkt 265001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain aluminum foil
(aluminum foil) from the Republic of
Türkiye (Türkiye). The period of review
(POR) is January 1, 2022, through
December 31, 2022. In addition,
Commerce is rescinding the review, in
part, with respect to one company.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ian
Riggs, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3810.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 29, 2023, based on
timely requests for review, Commerce
initiated this administrative review of
the countervailing duty (CVD) order on
aluminum foil from Türkiye.1 On
January 6, 2024, Commerce selected
ASAS Aluminyum Sanayi ve Ticaret
A.S. (ASAS) and Assan Aluminyum
Sanayi ve Ticaret A.S. (Assan) as the
mandatory respondents in this review.2
On March 28, 2024, the petitioners and
ASAS timely withdrew their requests
for review for ASAS.3 Therefore, on
April 5, 2024, Commerce selected Panda
Aluminyum A.S. (Panda) as an
additional mandatory respondent in this
review.4
On July 15, 2024, Commerce extended
the deadline for the preliminary results
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023).
2 See Memorandum, ‘‘Respondent Selection,’’
dated January 26, 2024.
3 See ASAS’s Letter, ‘‘ Withdrawal of Request for
Administrative Review,’’ dated March 28, 2024
(ASAS’’ Withdrawal); see also Petitioners’’ Letter, ‘‘
Petitioners’’ Partial Withdrawal of Request for
Review,’’ dated March 28, 2024 (Petitioners’’
Withdrawal).
4 See Memorandum, ‘‘Additional Respondent
Selection,’’ dated April 5, 2024.
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100959
of this review.5 On July 22, 2024,
Commerce tolled certain deadlines in
certain administrative proceedings by
seven days.6 On November 8, 2024,
Commerce extended the time period for
issuing these preliminary results by an
additional 14 days.7 The deadline for
the preliminary results is now December
6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order 9
The merchandise covered by the
Order is aluminum foil from Türkiye.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
In accordance with 19 CFR
351.213(d)(1), Commerce will rescind
an administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review in the
Federal Register. On March 28, 2024,
the petitioners and ASAS withdrew
their requests for review for ASAS.10
Because ASAS and the petitioners
timely withdrew their requests for a
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty
Administrative Review,’’ dated May 15, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Second Extension of
Deadline for Preliminary Results of 2022
Countervailing Duty Administrative Review,’’ dated
November 8, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022 Countervailing
Duty Administrative Review of Certain Aluminum
Foil from the Republic of Türkiye,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
9 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey:
Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
10 See ASAS’’ Withdrawal; See also Petitioners’’
Withdrawal.
E:\FR\FM\13DEN1.SGM
13DEN1
Agencies
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100957-100959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29428]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of steel concrete reinforcing bar (rebar) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review
(POR) January 1, 2022, through December 31, 2022. Additionally,
Commerce is rescinding this review with respect to six companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the
countervailing duty (CVD) order on rebar from T[uuml]rkiye.\1\ On
November 2, 2023, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ On December 29, 2023, Commerce published the notice of the
initiation of this administrative review in the Federal Register.\3\ On
July 11, 2024, Commerce extended the time period for issuing these
preliminary results by 117 days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\5\ On November 22, 2024, Commerce extended
the time period for issuing these preliminary results by an additional
three days.\6\ The deadline for these preliminary results is now
December 6, 2024.
---------------------------------------------------------------------------
\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, 88 FR 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023).
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of T[uuml]rkiye: Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
July 11, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Steel Concrete Reinforcing Bar from
T[uuml]rkiye: Second Extension of Deadline for Preliminary Results
of 2022 Countervailing Duty Administrative Review,'' dated November
22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics included in the Preliminary Decision Memorandum is
provided 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.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of T[uuml]rkiye; 2022,''
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 T[uuml]rkiye.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and the subsidy is specific.\8\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
[[Page 100958]]
Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' 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 the
facts available.
In this administrative review, Commerce preliminarily calculated a
de minimis rate for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the preliminary rate
calculated for Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan).
Consequently, for these preliminary results, we are assigning Colakoglu
Metalurji A.S. the rate calculated for Kaptan.
Rescission of Administrative Review, in Part
Commerce's practice is to rescind an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(1), when the interested party that
requested a review withdraws the request within 90 days of publication
of the notice of initiation of the requested review. Commerce received
timely-filed withdrawal requests with respect to six companies,
pursuant to 19 CFR 351.213(d)(1): (1) Ans Kargo Lojistik Tas ve Tic
Baykan Dis Ticaret; (2) Baykan Dis Ticaret; (3) Kibar dis Ticaret A.S.;
(4) Meral Makina Iml Ith Ihr Gida; (5) Sami Soybas Demir Sanayi ve
Ticaret; and (6) Yucel Boru Ihracat Ithalat ve Pazarlama.\9\ Because
the withdrawal requests were 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 with respect to these six companies.
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\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated January 22, 2024.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
------------------------------------------------------------------------
Subsidy rate (percent ad
Company valorem)
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Icdas Celik Enerji Tersane ve Ulasim 0.14 (de minimis).
Sanayi A.S.
Kaptan Demir Celik Endustrisi ve Ticaret 2.54.
A.S.
Colakoglu Metalurji A.S................... 2.54.
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
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 this notice. 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. Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\10\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\10\ 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 Service Procedures).
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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.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; (3) a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the respective case and rebuttal briefs. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies for which Commerce is rescinding this review,
Commerce 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, 2022, through
December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce
intends to issue assessment instructions to CBP regarding these
companies no earlier than 35 days after the date of publication of this
notice in the Federal Register.
For the companies listed in the table above, 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
[[Page 100959]]
time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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 estimated countervailing duties in the amounts
shown for the 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. 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.
Final Results of Administrative Review
Unless otherwise extended, pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised by
parties in their comments, within 120 days after the date of
publication of these preliminary results in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 6, 2024.
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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024-29428 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P