Notice2022-00107
Steel Concrete Reinforcing Bar From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination
Primary source
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Published
January 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 4, 2020, the U.S. Court of International Trade (CIT) sustained the Department of Commerce's (Commerce) third remand redetermination pertaining to the less-than-fair-value (LTFV) investigation of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's Amended Final Determination in the LTFV investigation of rebar from Turkey. Pursuant to the CIT's final judgment, Commerce is amending the estimated weighted-average dumping margins for respondents Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 934-935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00107]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Notice of Court Decision Not in Harmony With the Amended Final
Determination in the Less-Than-Fair-Value Investigation; Notice of
Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2020, the U.S. Court of International Trade
(CIT) sustained the Department of Commerce's (Commerce) third remand
redetermination pertaining to the less-than-fair-value (LTFV)
investigation of steel concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey). Commerce is notifying the public that the
CIT's final judgment is not in harmony with Commerce's Amended Final
Determination in the LTFV investigation of rebar from Turkey. Pursuant
to the CIT's final judgment, Commerce is amending the estimated
weighted-average dumping margins for respondents Habas Sinai ve Tibbi
Gazlar Istihsal Endustrisi A.S. (Habas) and Icdas Celik Enerji Tersane
ve Ulasim Sanayi A.S. (Icdas), and all other producers and exporters of
subject merchandise.
DATES: Applicable September 14, 2020.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, 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) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2017, Commerce published its Final Determination in the
LTFV investigation of rebar from Turkey.\1\ Subsequently, on July 14,
2017, Commerce published its Amended Final Determination and
Order.<SUP>2</SUP> As reflected in Commerce's Amended Final
Determination, Commerce calculated estimated weighted-average dumping
margins of 5.39 percent for Habas, 9.06 percent for Icdas, and 7.43
percent for all other producers and exporters of subject
merchandise.\3\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Determination of Sales at Less Than Fair Value, 82 FR
23192 (May 22, 2017) (Final Determination), and accompanying Issues
and Decision Memorandum.
\2\ 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) (Amended Final Determination and
Order).
\3\ Id., 82 FR at 32533.
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Habas and Icdas appealed Commerce's Final Determination, as amended
by the Amended Final Determination, to the CIT. On January 23, 2019,
the CIT remanded the Amended Final Determination for Commerce to: (1)
Reconsider its calculation of the plaintiffs' duty drawback adjustment;
and (2) reconsider the application of partial adverse facts available
(AFA) to Icdas.\4\ On May 17, 2019, Commerce issued its first results
of redetermination, in which it determined to: (1) Grant Habas and
Icdas the full amount of duties that were drawn back or forgiven to
U.S. price, and add the same per unit duty amount to normal value (NV)
as a circumstance-of-sale (COS) adjustment; and (2) continue to find
that the application of partial AFA to Icdas, concerning its failure to
provide the manufacturer information for certain sales in the home
market, was appropriate.\5\ As a result of the changes in the First
[[Page 935]]
Redetermination, Commerce calculated estimated weighted-average dumping
margins of 4.98 percent for Habas, 8.66 percent for Icdas, and 7.03
percent for all other producers and exporters of subject
merchandise.\6\
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\4\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S.,
and Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S. v. United
States, 361 F. Supp. 3d 1314 (CIT 2019).
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Habas Sinai ve Tibbi Gazlar Istihsal Industrisi, A.S., et
al., v. United States, Consol. Ct. No. 17-00204, Slip Op. 19-10,
dated May 17, 2019 (First Redetermination), available at <a href="https://enforcement.trade.gov/remands/19-10.pdf">https://enforcement.trade.gov/remands/19-10.pdf</a>.
\6\ See First Redetermination at 21.
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On October 17, 2019, in its Second Remand Order, the CIT sustained
Commerce's duty drawback adjustment as applied to export price, but
remanded Commerce to recalculate NV without making a COS adjustment in
the same amount. The CIT also sustained Commerce's use of partial AFA
with respect to Icdas.\7\
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\7\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S. v.
United States, 415 F. Supp. 3d 1195 (CIT 2019) (Second Remand
Order).
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On January 15, 2020, Commerce issued its second results of
redetermination, in which it recalculated each respondent's NV without
making the COS adjustment related to duty drawback.\8\ In addition,
Commerce made an adjustment to cost in the amount of the duty forgiven
divided by the production data to arrive at the annual average per-unit
import duty burden, which was added to the cost of production. Commerce
continued to adjust the full amount of duties drawn back to U.S. price
as in the First Redetermination. As a result of the changes to our duty
drawback methodology in the Second Redetermination, Commerce calculated
estimated weighted-average dumping margins of 4.08 percent for Habas,
4.17 percent Icdas, and 4.13 percent for all other producers and
exporters of subject merchandise.\9\
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\8\ See Final Results of Redetermination Pursuant to Court
Remand, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v.
United Stated, Consol. Ct. No. 17-00204, Slip Op. 19-130, dated
January 15, 2020 (Second Redetermination), available at <a href="https://enforcement.trade.gov/remands/19-130.pdf">https://enforcement.trade.gov/remands/19-130.pdf</a>.
\9\ Id. at 4.
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On April 17, 2020, in its Third Remand Order, the CIT granted
Commerce's request for voluntary remand and ordered Commerce to include
Inward Processing Certificate (IPC) #36 in its duty drawback
calculation for Habas.\10\ On July 1, 2020, in the third results of
redetermination, Commerce revised Habas' duty drawback calculation to
include IPC #36, which had mistakenly been omitted previously.\11\ As a
result of this revision to Habas' duty drawback calculation in the
Third Redetermination, Commerce calculated an estimated weighted-
average dumping margin of 3.96 percent for Habas, and 4.07 percent for
all other producers and exporters of subject merchandise. Icdas'
weighted-average dumping margin remained at 4.17 percent calculated in
the Second Redetermination.\12\ On September 4, 2020, the court
sustained Commerce's Third Redetermination.\13\
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\10\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S.
v. United States, 439 F. Supp. 3d 1342 (CIT 2020) (Third Remand
Order).
\11\ See Final Results of Redetermination Pursuant to Court
Remand, Habas Sinai ve Tibbi Gazler Istihsal Endustrisi A.S. v.
United Stated, Consol. Ct. No. 17-00204, Slip Op. 20-51, dated July
1, 2020 (Third Redetermination), available at <a href="https://enforcement.trade.gov/remands/20-51.pdf">https://enforcement.trade.gov/remands/20-51.pdf</a>.
\12\ Id. at 5.
\13\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S.
v. United States, 470 F.Supp. 3d 1363 (CIT September 4, 2020).
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Timken Notice
In its decision in Timken,<SUP>14</SUP> as clarified by Diamond
Sawblades,\15\ the Court of Appeals for the Federal Circuit held that,
pursuant to section 516A of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's September 4,
2020 judgment constitutes a final decision of the Court that is not in
harmony with Commerce's Amended Final Determination.\16\ Thus, this
notice is published in fulfillment of the publication requirements of
Timken and section 516A of the Act.
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\14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\15\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\16\ See Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi, A.S.
v. United States, 470 F.Supp. 3d 1363 (CIT September 4, 2020).
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
its Amended Final Determination. The revised estimated weighted-average
dumping margins are as follows:
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Weighted-average Cash deposit
Exporter or producer dumping margin (adjusted for
(percent) subsidy offsets)
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Habas Sinai ve Tibbi Gazlar 3.96 3.92
Istihsal Endustrisi A.S..........
Icdas Celik Enerji Tersane ve 4.17 4.00
Ulasim Sanayi A.S................
All Others........................ 4.07 3.90
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Cash Deposit Requirements
Because there have been subsequent administrative reviews for Habas
and Icdas, the cash deposit rate will remain the rates established in
the most recently completed administrative reviews for these companies.
The cash deposit rate for all other producers and exporters is revised
from 7.26 percent in the Amended Final Determination and Order to 3.90
percent, as a result of the final court decision.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e), 735(d), 736(a), 751(a) and 777(i) of the Act.
Dated: December 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.
[FR Doc. 2022-00107 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 7, 2022.
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