Notice2021-20906
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2018
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
September 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain producers/exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) received countervailable subsidies during the period of review (POR) January 1, 2018, through December 31, 2018. Additionally, we are rescinding the review for 21 companies with no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53279-53280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20906]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Countervailing Duty Administrative Review and Rescission, in
Part; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of steel concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey) received countervailable subsidies during
the period of review (POR) January 1, 2018, through December 31, 2018.
Additionally, we are rescinding the review for 21 companies with no
shipments of subject merchandise to the United States during the POR.
DATES: Applicable September 27, 2021.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, 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) 482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
25, 2021,\1\ and invited comments from interested parties. On June 25,
2021, Commerce extended the deadline to issue the final results of this
review until September 21, 2021.\2\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind in Part; 2018, 86 FR 15921 (March 25,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2018,'' dated June 25,
2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Administrative Review of the
Countervailing Duty Order of Steel Concrete Reinforcing Bar from the
Republic of Turkey,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Scope of the Order \4\
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\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
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The merchandise covered by the Order is steel concrete reinforcing
bar (rebar). For a complete description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are listed in the appendix to this
notice and addressed in the Issues and Decision Memorandum. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\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.
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Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\8\
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\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, except for the two mandatory
respondents and two other companies (Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S.), the remaining 21 companies subject to this
review did not have reviewable entries of subject merchandise during
the POR for which liquidation is suspended.\9\ Because there is no
evidence on the record of this segment of the proceeding to indicate
that these companies had entries, exports, or sales of subject
merchandise to the United States during the POR, we are rescinding the
administrative review with respect to these companies consistent with
19 CFR 351.213(d)(3).
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\9\ The 21 companies are: (1) Acemar International Limited; (2)
A G Royce Metal Marketing; (3) Agir Haddecilik A.S; (4) As Gaz Sinai
ve Tibbi Gazlar A.S.; (5) Asil Celik Sanayi ve Ticaret A.S.; (6)
Atakas Celik Sanayi ve Ticaret A.S.; (7) Bastug Metalurji Sanayi AS;
(8) Demirsan Haddecilik Sanayi Ve Ticaret AS; (9) Diler Dis Ticaret
AS; (10) Duferco Investment Services SA; (11) Duferco Celik Ticaret
Limited; (12) Ege Celik Endustrisi Sanayi ve Ticaret A.S.; (13)
Ekinciler Demir ve Celik Sanayi Anonim Sirketi; (14) Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas); (15) Izmir Demir
Celik Sanayi A.S.; (16) Kibar Dis Ticaret A.S.; (17) Kocaer
Haddecilik Sanayi ve Ticar; (18) Mettech Metalurji Madencilik
Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi; (19) MMZ
Onur Boru Profil A.S.; (20) Ozkan Demir Celik Sanayi A.S.; and (21)
Wilmar Europe Trading B.V.
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Rate for Non-Selected Companies Under Review
There are two companies for which a review was requested but which
were not selected as mandatory respondents or found to be cross-owned
with a mandatory respondent. Because the rate calculated for the
mandatory respondent, Kaptan, was above de minimis and not based
entirely on facts available, we applied the subsidy rate calculated for
Kaptan to these two non-selected companies. This methodology for
establishing the subsidy rate for the non-selected companies is
consistent
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with our practice and with section 705(c)(5)(A) of the Act.
Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the POR
January 1, 2018, through December
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Subsidy rate
Company (percent ad
valorem)
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Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and 0.32 (de minimis)
its cross-owned affiliates \10\.....................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and 1.82
Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their
cross-owned affiliates \11\.........................
Colakoglu Dis Ticaret A.S............................ 1.82
Colakoglu Metalurji A.S.............................. 1.82
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Disclosure 31, 2018:
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\10\ Commerce finds the following companies to be cross-owned
with Icdas: Mardas Marmara Deniz Isletmeciligi A.S.; Oraysan Insaat
Sanayi ve Ticaret A.S.; Artim Demir Insaat Turizm Sanayi Ticaret
Ltd. Sti.; Anka Entansif Hayvancilik Gida Tarim Sanayi ve Ticaret
A.S.; Karsan Gemi Insaa Sanayi Ticaret A.S.; Artmak Denizcilik
Ticaret Ve Sanayi A.S.; and Eras Tasimacilik Taahhut Ins.Tic.A.S.
\11\ Commerce finds the following companies to be cross-owned
with Kaptan: Martas Marmara Ereglisi Liman Tesisleri A.S.; Aset
Madencilik A.S.; Kaptan Is Makinalari Hurda Alim Satim Ltd. Sti.;
Efesan Demir San. Ve Tic. A.S.; and Nur Gemicilik ve Tic. A.S.
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Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, we also intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown above for the above-listed companies with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of review. For all non-reviewed firms, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: September 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Countervail Import Duty
Exemptions Under the Inward Processing Regime (IPR) Program
Comment 2: Whether Commerce Should Countervail the Provision of
Lignite for Less than Adequate Remuneration (LTAR)
Comment 3: Whether Commerce Should Countervail the Provision of
Natural Gas for LTAR
Comment 4: Whether Commerce Should Revise the Sales Denominators
That It Used in the Preliminary Results for Icdas and Kaptan
Comment 5: Whether Commerce Should Revise its Finding that Nur
Gemicilik ve Tic. A.S. (Nur) is a Cross-Owned Input Supplier
Comment 6: Whether Commerce Should Revise Its Finding That Nur's
Land Rent Exemption is Countervailable
Comment 7: Whether Commerce Should Reduce Its Calculation of
Benefits Attributed to Icdas for Renewable Energy Sources Support
Mechanism (YEKDEM) Support by the Amount Reclaimed
Comment 8: Whether Commerce Should Revise Its Benchmark Interest
Rate Calculations to Include All Short-Term Commercial Loans in
Effect During the POR
VIII. Recommendation
[FR Doc. 2021-20906 Filed 9-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 27, 2021.
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