Notice2021-16842
Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 6, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that producers or exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) subject to this review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2019, through June 30, 2020. Additionally, we preliminarily find that one producer/exporter, Colakoglu Metalurji A. S. (Colakoglu Metal), did not make sales of subject merchandise at less than normal value during the POR and one company, Habas Sinai ve Tibbi Gazlar Istihsal End[uuml]strisi A.S (Habas), made no shipments during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43181-43183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16842]
[[Page 43181]]
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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 and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers or exporters of steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey) subject to this review made sales
of subject merchandise at less than normal value during the period of
review (POR) July 1, 2019, through June 30, 2020. Additionally, we
preliminarily find that one producer/exporter, Colakoglu Metalurji A.
S. (Colakoglu Metal), did not make sales of subject merchandise at less
than normal value during the POR and one company, Habas Sinai ve Tibbi
Gazlar Istihsal End[uuml]strisi A.S (Habas), made no shipments during
the POR.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Thomas Dunne, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3642 or (202) 482-2328,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce published the antidumping duty order on
rebar from Turkey.\1\ On September 3, 2020, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order, covering nine companies.\2\ On October 6, 2020, Commerce
selected Colakoglu Metal and Kaptan Demir Celik End[uuml]strisi ve
Ticaret A.S. (Kaptan Demir) as the mandatory respondents for this
review.\3\ On March 15, 2021, pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2),
Commerce extended the time limit for issuing the preliminary results of
this administrative review to July 30, 2021.\4\
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\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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\3\ See Memorandum, ``Respondent Selection Memorandum for
Administrative Review of Antidumping Duty Order on Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2019-2020,'' dated
October 6, 2020.
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated March 15, 2021.
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Scope of the Order
The product covered by the Order is steel concrete reinforcing bar
from Turkey. For a full description of the scope, see the Preliminary
Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Steel
Concrete Reinforcing Bar from the Republic of Turkey; 2019-2020,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price and constructed export price are
calculated in accordance with section 772 of the Act. Normal value is
calculated 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 discussed in
the Preliminary Decision Memorandum is attached 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Determination of No Shipments
On September 6, 2020, Habas submitted a letter certifying that it
had no exports or sales of subject merchandise into the United States
during the POR.\6\ U.S. Customs and Border Protection (CBP) did not
have any information to contradict this claim of no shipments during
the POR.\7\ Therefore, we preliminarily determine that Habas did not
have any shipments of subject merchandise during the POR. Consistent
with Commerce's practice, we will not rescind the review with respect
to Habas but will complete the review and issue instructions to CBP
based on the final results.\8\
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\6\ See Habas' Letter, ``Steel Concrete Reinforcing Bar from
Turkey; Habas No Shipment Letter,'' dated September 6, 2020.
\7\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Steel Concrete Reinforcing Bar from Turkey: Release of
U.S. Customs and Border Protection Entry Data for Respondent
Selection,'' dated September 16, 2020.
\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a 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 market
economy 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{time} .''
We calculated a preliminary weighted-average dumping margin of 0.00
percent for Colakoglu Metal and 1.05 percent for Kaptan Demir the POR.
For the four companies not selected for individual examination,
Commerce assigned the rate of 1.05 percent, which is the weighted-
average dumping margin calculated for Kaptan Demir, because it is the
only dumping margin calculated for a mandatory respondent in this
administrative review that is not zero or de minimis.
Preliminary Results of This Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins for the period
July 1, 2019, through June 30, 2020:
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\9\ For the purposes of these preliminary results, we are
collapsing Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S.
and treating them as a single entity; see Preliminary Decision
Memorandum.
\10\ For the purposes of these preliminary results, we are
collapsing Kaptan Demir and Kaptan Metal Dis Ticaret Ve Nakliyat
A.S. and treating them as a single entity; see Preliminary Decision
Memorandum.
\11\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Estimated
weighted-average
Producers/exporters dumping margin
(percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S. 0.00
\9\.................................................
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S./ 1.05
Kaptan Metal Dis Ticaret Ve Nakliyat A.S.\10\.......
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Review-Specific Average Rate Applicable to the Following Companies: \11\
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S...... 1.05
Kroman Celik Sanayi A.S.............................. 1.05
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S..... 1.05
Diler Dis Ticaret A.S................................ 1.05
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). Commerce will announce the briefing schedule to
interested parties at a later date. Interested parties may submit case
briefs on the deadline that Commerce will announce. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\12\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this review 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. Executive summaries should be
limited to five pages total, including footnotes. Case and rebuttal
briefs should be filed using ACCESS \13\ and must be served on
interested parties.\14\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by 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; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\16\ If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\17\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. CBP shall assess, antidumping duties on all
appropriate entries covered by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\18\ For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\19\ Where either the individually-selected respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\18\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
this review where applicable.
Consistent with its recent notice, 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 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
under review will be the rate established in the final results of this
review (except, if the ad valorem rate is de minimis, then the cash
deposit rate will be zero); (2) for previously reviewed or investigated
companies not covered in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
[[Page 43183]]
recently-completed segment of this proceeding in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original 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 subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 7.26 percent, the all-others rate
established in the investigation.\20\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\20\ See Order, 82 FR at 32533.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results, pursuant
to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice 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 POR. 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.
Notification to Interested Parties
The 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
351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting 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. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Affiliation and Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16842 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
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