Notice2021-26402
Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind in Part; 2019
Primary source
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Published
December 6, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily 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, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 231 (Monday, December 6, 2021)</title>
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[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69009-69011]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26402]
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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
Intent To Rescind in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily 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, 2019, through
December 31, 2019. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable January 20, 2022.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski or Brontee Jeffries,
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 or (202)
482-4656, respectively.
Background
On January 6, 2021, Commerce published a notice of initiation of an
administrative review for the countervailing duty order on rebar from
Turkey.\1\ On July 6, 2021, Commerce exercised its discretion to extend
the preliminary results of this administrative review by 120 days,
until November 30, 2021.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511, 516 (January 6, 2021).
\2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results of
2019 Countervailing Duty Administrative Review,'' dated July 6,
2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as 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 <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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review of and the
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing
Bar from the Republic of Turkey; 2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary 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
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
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 full description of the methodology
underlying our conclusions, see the Preliminary 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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Intent To Rescind 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
[[Page 69010]]
review period.\8\ According to the CBP import data, except for the two
mandatory respondents Colakoglu Metalurji A.S. and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. (Kaptan), and the non-selected company,
Icdas Celik Enerji Tersane ve Ulasim Sanayi 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.
Accordingly, in the absence of reviewable, suspended entries of subject
merchandise during the POR, we intend to rescind this administrative
review with respect to these 21 other companies, in accordance with 19
CFR 351.213(d)(3).\9\
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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); and
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).
\9\ The 21 companies are: A G Royce Metal Marketing; Acemar
International Limited; Agir Haddecilik A.S.; Ans Kargo Lojistik Tas
ve Tic; As Gaz Sinai ve Tibbi Gazlar A.S.; Asil Celik Sanayi ve
Ticaret A.S.; Bastug Metalurji Sanayi AS; Baykan Dis Ticaret;
Demirsan Haddecilik Sanayi Ve Ticaret AS; Diler Dis Ticaret AS;
Duferco Celik Ticaret Limited; Duferco Investment Services SA; Ege
Celik Endustrisi Sanayi ve Ticaret A.S.; Izmir Demir Celik Sanayi
A.S.; Kocaer Haddecilik Sanayi Ve Ticar A.S.; Meral Makina Iml Ith
Ihr Gida; Mettech Metalurji Madencilik Muhendislik Uretim
Danismanlik ve Ticaret Limited Sirketi; MMZ Onur Boru Profil A.S.;
Ozkan Demir Celik Sanayi A.S.; Sami Soybas Demir Sanayi ve Ticaret;
Wilmar Europe Trading BV.
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Preliminary Rate for Non-Selected Companies Under Review
There is one company for which a review was requested i.e., Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S., and its cross-owned
affiliates, which was not selected as a mandatory respondent or found
to be cross-owned with a mandatory respondent, and which also had
entries of subject merchandise during the POR. 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 the non-selected company. This methodology for
establishing the subsidy rate for the non-selected companies is
consistent with our practice and with section 705(c)(5)(A) of the Act.
Preliminary Results of the Review
We preliminarily find that the net countervailable subsidy rates
for the period January 1, 2019, through December 31, 2019, are as
follows:
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Subsidy rate
Company (percent ad
valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret A.S., Kaptan 1.75
Metal Dis Ticaret ve Nakliyat A.S., and their cross-
owned affiliates \10\................................
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji * 0.07
A.S.\11\.............................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and 1.75
its cross-owned affiliates \12\......................
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* (De minimis.)
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. If the rate calculated for any respondent, in the final results
is zero or de minimis, we will instruct CBP to liquidate all
appropriate entries of subject merchandise without regard to
countervailing duties. 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).
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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.
\11\ Commerce preliminarily finds Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S. to be cross-owned companies. See
Preliminary Decision Memorandum at 7.
\12\ In the last review Commerce found 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. See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Results of Countervailing Duty
Administrative Review and Rescission, in Part; 2018, 86 FR 53279
(September 27, 2021).
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Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above, except, where 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.
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed in reaching the preliminary results within five days of
publication of these preliminary results.\13\ Interested parties may
submit written arguments (case briefs) on the preliminary results
within 30 days of publication of the preliminary results, and rebuttal
comments (rebuttal briefs) within seven days after the time limit for
filing case briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs.\15\ Parties
who submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. All briefs must be filed electronically using
ACCESS.
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested
parties will be notified through ACCESS regarding the deadline for
submitting case briefs. See also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days after the date of
publication of this notice by submitting a written request to the
Assistant Secretary for Enforcement and Compliance, using Enforcement
and
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Compliance's ACCESS system. Hearing requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date.
Parties are reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in their comments, no
later than 120 days after the date of publication of this notice,
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, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Intent To Rescind the Administrative Review, in Part
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-26402 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.