Notice2022-07720
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2019
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
April 12, 2022
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, 2019, through December 31, 2019. Additionally, we are rescinding the review for 21 companies with no shipments of subject merchandise to the United States during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Notices]
[Pages 21640-21641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07720]
-----------------------------------------------------------------------
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; 2019
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, 2019, through December 31, 2019.
Additionally, we are rescinding the review for 21 companies with no
shipments of subject merchandise to the United States during the POR.
DATES: Applicable April 12, 2022.
FOR FURTHER INFORMATION CONTACT: Brontee Jefferies or 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) 482-4656
or (202) 482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on December 6, 2021,\1\
and invited comments from interested parties. For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind in Part; 2019, 86 FR 69009 (December 6,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Steel Concrete Reinforcing Bar from the Republic of Turkey; 2019,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
---------------------------------------------------------------------------
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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and as explained
in the Issues and Decision Memorandum, we made no changes for the 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.\4\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
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.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ 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 countervailing duty assessment rate calculated for the review
period.\7\
---------------------------------------------------------------------------
\5\ 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).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
According to the CBP import data, except for the two mandatory
respondents and the non-selected company, the remaining 21 companies
subject to this review did not have reviewable entries of subject
merchandise during the POR for which liquidation is suspended.\8\
Because
[[Page 21641]]
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).
---------------------------------------------------------------------------
\8\ 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;
and Wilmar Europe Trading BV.
---------------------------------------------------------------------------
Rate for Non-Selected Companies Under Review
There is one remaining company, Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S. (Icdas), for which a review was requested but which
was not selected as a mandatory respondent or found to be cross-owned
with a mandatory respondent. Because the subsidy rate calculated for
mandatory respondent Kaptan was above de minimis and not based entirely
on facts available, we are applying that rate to Icdas. 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.
Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the POR
January 1, 2019, through December 31, 2019:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Kaptan Demir Celik Endustrisi ve Ticaret A.S., Kaptan 1.75
Metal Dis Ticaret ve Nakliyat A.S., and their cross-
owned affiliates \9\...................................
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji A.S. * 0.07
\10\...................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S., and 1.75
its cross-owned affiliates \11\........................
------------------------------------------------------------------------
* De minimis.
Disclosure
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).
---------------------------------------------------------------------------
\9\ 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.
\10\ Commerce finds Colakoglu Dis Ticaret A.S. and Colakoglu
Metalurji A.S to be cross-owned companies.
\11\ 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).
---------------------------------------------------------------------------
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: April 5, 2022.
Lisa W. Wang,
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. Non-Selected Rate
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should Revise its Finding that Nur
is a Cross-Owned Input Supplier
Comment 2: Whether Commerce Should Revise Its Analysis of Nur's
Land Rent Exemption
Comment 3: Whether Commerce Should Revise its Finding That
Exemptions from Bank and Insurance Transactions Tax on Foreign
Exchange Transactions are Specific
Comment 4: Whether Commerce Should Tie Benefits Received Under
the Assistance to Offset Costs Related to Antidumping Duty (AD)/CVD
Investigations Program to Export Sales of Subject Merchandise to the
United States
IX. Recommendation
[FR Doc. 2022-07720 Filed 4-11-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 12, 2022.
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.