Notice2023-02592
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
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
February 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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 (NV) during the period of review (POR) July 1, 2020, through June 30, 2021. Additionally, we find that one company made no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7941-7943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02592]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 (NV) during the period of
review (POR) July 1, 2020, through June 30, 2021. Additionally, we find
that one company made no shipments of subject merchandise to the United
States during the POR.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover six
companies for which an administrative review was initiated.\2\ We
selected two companies for individual examination: (1) Colakoglu
Metalurji A.S. (Colakoglu Metal)/Colakoglu Dis Ticaret A.S. (COTAS)
(collectively, Colakoglu); \3\ and (2) Kaptan Demir Celik Endustrisi ve
Ticaret A.S. (Kaptan Demir)/Kaptan Metal Dis Ticaret Ve Nakliyat A.S.
(Kaptan Metal) (collectively, Kaptan).\4\ For a complete description of
the events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\5\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No-Shipments; 2020-2021, 87
FR 47975, (August 5, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\3\ We collapsed Colakoglu and COTAS in the 2019-2020
administrative review. See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2019-2020, 87 FR
7118, 7119 (February 8, 2022) (Rebar from Turkey 2019-2020). 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 a single entity for the purposes of this
administrative review.
\4\ We collapsed Kaptan Demir and Kaptan Metal in the 2019-2020
administrative review. See Rebar from Turkey 2019-2020, 87 FR at
7119. 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 a
single entity for the purposes of this administrative review.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Steel Concrete Reinforcing Bar from Turkey, 2020-2021,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order \6\
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\6\ 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 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, 87 FR 934 (January 22, 2022) (Order).
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The product covered by the Order is steel concrete reinforcing bar
from Turkey. For a full description of the scope, see the Issues and
Decision Memorandum.\7\
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\7\ See Issues and Decision Memorandum.
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of these issues is attached
in an appendix to this notice. The Issues and Decision Memorandum is a
public document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Services 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 our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we made certain changes to the
preliminary weighted-average dumping margin calculations for Colakoglu
and Kaptan, as detailed in the Issues and Decision Memorandum.\8\
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\8\ Id. at 4.
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Final Determination of No Shipments
For the Preliminary Results, we found that Habas Sinai ve Tibbi
Gazlar Istihsal End[uuml]strisi A.S (Habas) did not have any shipments
of subject merchandise during the POR. No party commented on this
preliminary determination. For the final results of the review, we
continue to find that Habas made no shipments of subject merchandise
during the POR. As noted in the ``Assessment Rates'' section below,
Commerce intends to issue appropriate instructions to U.S. Customs and
Border Protection (CBP) for Habas based on the final results of the
review.
[[Page 7942]]
Rate for Non-Selected Respondents
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 for 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{time} .''
In this review, we calculated a weighted-average dumping margin of
1.13 percent for Colakolgu and a weighted-average dumping margin of
5.51 percent for Kaptan. 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.\9\
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\9\ 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).
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Consistent with our practice, we have determined that 3.76 percent,
which is the weighted-average of Colakoglu and Kaptan's margins based
on publicly ranged data, will be assigned to the non-examined companies
under section 735(c)(5)(A) of the Act.\10\ 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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\10\ 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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Final Results of Review
We 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. (COTAS). 1.13
Kaptan Demir Celik Endustrisi ve Ticaret A.S./Kaptan Metal 5.51
Dis Ticaret Ve Nakliyat A.S.................................
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Review-Specific Average Rate Applicable to the Following Companies \11\
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Diler Dis Ticaret A.S........................................ 3.76
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.............. 3.76
Sami Soybas Demir Sanayi ve Tiscaret A.S..................... 3.76
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Disclosure
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\11\ 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 final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and CBP shall assess antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. For Colakoglu and Kaptan, we calculated
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
and the total entered value of those sales in accordance with 19 CFR
351.212(b)(1). Where an importer-specific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries by that importer will be
liquidated without regard to antidumping duties. For entries of subject
merchandise during the POR produced by Colakoglu or Kaptan for which
the producer did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\12\ For the companies identified above
that were not selected for individual examination, we will instruct CBP
to liquidate entries at the rates established in these final results of
review.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment of Antidumping Duties).
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As indicated above, for Habas, which we determined had ``no
shipments'' of the subject merchandise during the POR, we will instruct
CBP to liquidate all POR entries associated with this company at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction, consistent with Commerce's reseller
policy.\13\
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\13\ For a full discussion of this practice, see Assessment of
Antidumping Duties.
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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 for estimated antidumping duties
will be effective upon publication of this notice 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 review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation, but the producer is, then the cash deposit
rate will be the rate established in the completed segment for the most
recent period for the producer of the 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.\14\
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\14\ See Order, 87 FR at 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a
[[Page 7943]]
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 Regarding Administrative Protective
Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction or return of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the destruction or
return 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: February 1, 2023.
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. Companies Not Selected for Individual Examination
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Use Invoice Date as the U.S.
Date of Sale
Comment 2: Whether Section 232 Duties Should be Deducted from
Export Price
Comment 3: Whether Colakoglu's Section 232 Payments Should Be
Set to 25 Percent of Gross Unit Price
Comment 4: Whether Commerce Should Revise Kaptan's U.S. Duty
Drawback Adjustment
Comment 5: Whether Commerce Should Revise Colakoglu's U.S. Duty
Drawback Adjustment
Comment 6: Whether Commerce Should Include in Its Calculations
Certain Sales Made by Kaptan
Comment 7: Whether Commerce Should Continue to Rely on the Cost
Methodologies Applied in the Preliminary Results
Comment 8: Whether Commerce Should Revise Its Percent Change
Comparison Calculation for Colakoglu
Comment 9: Whether Commerce Should Correct Its Exempted Duty
Drawback Cost Calculation for Colakoglu
Comment 10: Whether Commerce Should Correct Its Exempted Duty
Drawback Cost Calculation for Kaptan
Comment 11: Whether Commerce Should Permit an Offset to
Colakoglu's General and Administrative (G&A) Expenses
Comment 12: Whether Commerce Should Revise Kaptan's Reported G&A
Ratio
VII. Recommendation
[FR Doc. 2023-02592 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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