Notice2022-16822
Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
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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 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through June 30, 2021. Additionally, we preliminarily find that one company made no shipments of subject merchandise to the United States during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 150 (Friday, August 5, 2022)</title>
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[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47975-47978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16822]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through June 30, 2021.
Additionally, we preliminarily find that one company made no shipments
of subject merchandise to the United States during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Jose Rivera, 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) 482-0842,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce published the antidumping duty order on
rebar from Turkey.\1\ On August 31, 2021, based on timely requests for
a review, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the Order, covering six
companies.\2\ On September 29, 2021, Commerce selected Colakoglu \3\
and Kaptan \4\ as the mandatory respondents for this review.\5\ On
March 15, 2021, pursuant to section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
[[Page 47976]]
351.213(h)(2), Commerce extended the time limit for issuing the
preliminary results of this administrative review by 118 days to July
29, 2022.\6\
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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), as amended by Notice of Court
Decision Not in Harmony With the Amended Final Determination in the
Less-Than-Fair-Value Investigation; Notice of Amended Final
Determination, 87 FR 934 (January 22, 2022) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (August 31, 2021) (Initiation
Notice).
\3\ Colakoglu is comprised of the collapsed entity Colakoglu
Metalurji A.S. (Colakoglu Metal) and Colakoglu Dis Ticaret A.S.
(COTAS). See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping Administrative Review and
Preliminary Determination of No Shipments; 2019-2020, 86 FR 43181
(August 6, 2021) (Rebar from Turkey 2019-2020 Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM), at 6-9,
unchanged in Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Results of Antidumping Administrative Review and Final
Determination of No Shipments; 2019-2020, 87 FR 7118 (February 8,
2022) (Rebar from Turkey 2019-2020 Final Results), and accompanying
Issues and Decision Memorandum (IDM), at 5.
\4\ Kaptan is comprised of the collapsed entity Kaptan Demir
Celik Endustrisi Ve Ticaret A.S. (Kaptan Demir) and Kaptan Metal Dis
Ticaret Ve Nakliyat A.S. (Kaptan Metal). See Rebar from Turkey 2019-
2020 Preliminary Results PDM at 6-9, unchanged in Rebar from Turkey
2019-2020 Final Results IDM at 5.
\5\ See Memorandum, ``Respondent Selection Memorandum for
Administrative Review of Antidumping Duty Order on Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2020-2021,'' dated
September 29, 2021.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 21,
2022.
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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.\7\
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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Steel
Concrete Reinforcing Bar from the Republic of Turkey; 2020-2021,''
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
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="https://access.trade.gov">https://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>.
Preliminary Determination of No Shipments
On August 25, 2021, Habas Sinai ve Tibbi Gazlar Istihsal
End[uuml]strisi A.S (Habas), an exporter of rebar named in the
Initiation Notice, submitted a letter certifying that it made no
shipments of subject merchandise to the United States during the
POR.\8\ Subsequently, Commerce sent an inquiry to U.S. Customs and
Border Protection (CBP) to confirm Habas' no shipment claim.\9\ CBP
informed Commerce that its data indicated that Habas had no shipments
during the POR.\10\ Based on the certification of Habas claiming no
shipments and the lack of record evidence contradicting its no-shipment
claims, we preliminarily determine that Habas did not have any
shipments of subject merchandise during the POR. Consistent with our
practice, we will not rescind the review with respect to Habas, but
rather will complete the review and issue instructions to CBP based on
the final results.\11\
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\8\ See Habas' Letter, ``Haba[scedil] No Shipment Letter,''
dated August 25, 2021.
\9\ See CBP Instructions, ``No Shipments Inquiry for Steel
Concrete Reinforcing Bar from the Republic of Turkey Produced and/or
Exported by Habas Sinai ve Tibbi Gazlar Istihsal Endustri A.S. (A-
489-829) (Message No. 2207403),'' dated July 26, 2022.
\10\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey (A-489-829): No Shipment Inquiry with Respect to
the Company Listed Below during the period 07/01/2020 through 06/30/
2021,'' dated July 29, 2022.
\11\ See, e.g., Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 32090, 32091 (June 5, 2015),
unchanged in Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2013-2014, 80 FR 76674
(December 10, 2015).
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Rates for Companies Not Individually Examined
The Act 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.''
In this review, we preliminarily calculated a weighted-average
dumping margin of 5.79 percent for Kaptan and a weighted-average
dumping margin of 1.13 percent for Colakoglu. With two respondents
under individual examination, Commerce normally calculates: (A) a
weighted-average of the estimated dumping rates calculated for the
examined respondents; (B) a simple average of the estimated dumping
rates calculated for the examined respondents; and (C) a weighted-
average of the estimated dumping rates calculated for the examined
respondents using each company's publicly-ranged U.S. sale values for
the merchandise under consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most appropriate rate
for all other producers and exporters.\12\ Consistent with our
practice, we have preliminarily determined that 3.92 percent, which is
the weighted-average of Kaptan's margin and Colakoglu's margin based on
publicly ranged data, will be assigned to the non-examined companies
under section 735(c)(5)(A) of the Act.\13\ These companies are Diler
Dis Ticaret A.S., Icdas Celik Enerji Tersane ve Ulasim, and Sami Soybas
Demir Sanayi ve Tiscaret A.S.
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\12\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
\13\ For a complete analysis of the data, see Memorandum,
``Calculation of the Cash Deposit Rate for Non-Selected Companies,''
dated concurrently with this notice (Non-Selected Companies
Memorandum).
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Preliminary Results of Review
We preliminarily determine that following weighted-average dumping
margins exist for the period July 1, 2020, through June 30, 2021:
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Weighted-average
Producers/exporters dumping margin
(percent)
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Colakoglu Metalurji A. S./Colakoglu Dis Ticaret A.S. 1.13
(COTAS) \14\........................................
Kaptan Demir Celik Endustrisi ve Ticaret A.S./Kaptan 5.79
Metal Dis Ticaret Ve Nakliyat A.S. \15\.............
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Review-Specific Average Rate Applicable to the Following Companies: \16\
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Diler Dis Ticaret A.S................................ 3.92
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S...... 3.92
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Sami Soybas Demir Sanayi ve Tiscaret A.S............. 3.92
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Disclosure and Public Comment
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\14\ We collapsed Colakoglu and COTAS in the 2019-2020
administrative review. See Rebar from Turkey 2019-2020 Preliminary
Results PDM), unchanged in Rebar from Turkey 2019-2020 Final Results
IDM at 5. Because there is no information on the record of this
administrative review that would lead us to revisit this
determination, we are continuing to treat these companies as part of
a single entity for the purposes of this administrative review.
\15\ We collapsed Kaptan Demir and Kaptan Metal in the 2019-2020
administrative review. See Rebar from Turkey 2019-2020 Preliminary
Results PDM at 6-9, unchanged in Rebar from Turkey 2019-2020 Final
Results IDM at 5. Because there is no information on the record of
this administrative review that would lead us to revisit this
determination, we are continuing to treat these companies as part of
a single entity for the purposes of this administrative review.
\16\ 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; see also Non-Selected Companies Memorandum.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\17\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\18\
Parties who submit case briefs or rebuttal briefs in this proceeding
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.\19\ Executive summaries should be limited to five pages
total, including footnotes.\20\ Case and rebuttal briefs should be
filed using ACCESS and must be served on interested parties.\21\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\22\
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\17\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\18\ See 19 CFR 351.309(d)(1).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ Id.
\21\ See 19 CFR 351.303.
\22\ 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), any interested party who wishes to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of publication
of this notice. 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 raised in the hearing will
be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\23\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\23\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
ACCESS \24\ and must also be served on interested parties.\25\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time on the date that the
document is due.
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\24\ See 19 CFR 351.303.
\25\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by parties in any briefs, 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).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\26\ The final results of this review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by this review and for future deposits of estimated
duties, where applicable.\27\
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\26\ 19 CFR 351.212(b)(1).
\27\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate an importer-specific ad valorem duty assessment rate based on
the ratio of the total amount of dumping calculated for the U.S. sales
for a given importer to the total entered value of those sales. Where a
mandatory respondent did not report entered value, we calculated the
entered value to calculate the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), 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.
For the companies which were not selected for individual
examination, we intend to assign an assessment rate based on the
methodology described in the ``Rates for Non-Examined Companies''
section.
For entries of subject merchandise during the POR produced by each
mandatory respondent which it did not know its merchandise was destined
for the United States and for all entries attributed to Habas, which we
preliminarily find had no shipments during the POR, we will instruct
CBP to liquidate such unreviewed entries pursuant to the reseller
policy, i.e., the assessment rate for such entries will be equal to the
all-others rate established at the investigation (i.e., 3.90 percent ad
valorem),\28\ if there is no rate for the intermediate company(ies)
involved in the transaction.\29\
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\28\ See Order, 87 FR 935.
\29\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
[[Page 47978]]
review (except, if the rate is de minimis, within the meaning of 19 CFR
351.106(C)(1), no cash deposit will be required); (2) for previously
reviewed or investigated companies not participating in this review,
the cash deposit rate will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding in
which the company participated; (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 producers or exporters will continue to be 3.90 percent, the all-
others rate established in the investigation.\30\
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\30\ See Order, 87 FR 935.
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These cash deposit instructions, when imposed, shall remain in
effect until further notice.
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 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 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 29, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-16822 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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