Notice2023-02853
Steel Concrete Reinforcing Bar From the Republic of Turkey, Taiwan, and Japan: Continuation of Antidumping and Countervailing Duty Orders
Primary source
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Published
February 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) orders on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey), Taiwan, and Japan, and the countervailing duty (CVD) order on rebar from Turkey would likely lead to continuation or recurrence of dumping as well as net countervailable subsidies and materials injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8797-8798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02853]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829, A-583-859, A-588-876, C-489-830]
Steel Concrete Reinforcing Bar From the Republic of Turkey,
Taiwan, and Japan: Continuation of Antidumping and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S.
International Trade Commission (ITC) have determined that revocation of
the antidumping duty (AD) orders on steel concrete reinforcing bar
(rebar) from the Republic of Turkey (Turkey), Taiwan, and Japan, and
the countervailing duty (CVD) order on rebar from Turkey would likely
lead to continuation or recurrence of dumping as well as net
countervailable subsidies and materials injury to an industry in the
United States. Therefore, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-0842.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2022, Commerce published the notice of initiation of the
sunset reviews of the AD and CVD orders.\1\ Commerce received a notice
of intent to participate from the Rebar Trade Action Coalition (RTAC)
and its individual members, Nucor Corporation, Gerdau Ameristeel US
Inc., Commercial Metals Company, Steel Dynamics, Inc., and Byer Steel
(collectively, domestic interested party) within the deadline specified
in 19 CFR 351.218(d)(1)(i).\2\
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\1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 33123
(June 1, 2022); see also 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); Steel Concrete Reinforcing Bar
from the Republic of Turkey: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 82
FR 32531 (July 14, 2017); Steel Concrete Reinforcing Bar from
Taiwan: Antidumping Duty Order, 82 FR 45809 (October 2, 2017)
(collectively, Orders).
\2\ See RTAC's Letters, ``Notice of Intent to Participate--
Taiwan,'' ``Notice of Intent to Participate--Turkey,'' ``Notice of
Intent to Participate--Japan,'' all dated June 15, 2022, and
``Notice of Intent to Participate in CVD Sunset Review,'' dated June
15, 2022.
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On June 30, 2022, Commerce received a substantive response from the
domestic interested party within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i).\3\ We also received a substantive response from
the Government of Turkey (GOT).\4\ However, we did not receive a
substantive response from any other respondent interested party in this
proceeding, and no party requested a hearing.
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\3\ See RTAC's Letters, ``Substantive Response to Notice of CVD
Sunset Review Initiation,'' dated June 30, 2022 (RTAC's CVD
Substantive Response); ``Substantive Response of Domestic Producers
to Notice of Initiation,'' dated June 30, 2022 (Substantive Response
Turkey); ``Substantive Response of Domestic Producers to Notice of
Initiation,'' dated June 30, 2022 (Substantive Response Taiwan); and
``Substantive Response of Domestic Producers to Notice of
Initiation,'' dated June 30, 2022 (Substantive Response Japan).
\4\ See GOT's Letter, ``Substantive Response of the Government
of the Republic of T[uuml]rkiye in the First Sunset Review of the
Countervailing Duly Order on Steel Concrete Reinforcing Bar,'' dated
June 30, 2022 (GOT's Substantive Response).
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On July 21, 2022, Commerce notified the ITC that it did not receive
adequate substantive responses from respondent interested parties.\5\
As a result, pursuant to section 751(c)(3)(B) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Orders.
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\5\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2022,'' dated July 21, 2022.
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As a result of its reviews, Commerce determined that revocation of
the Orders would likely lead to the continuation or recurrence of
dumping and subsidization. Therefore, Commerce notified the ITC of the
magnitude of the margins and subsidy rates likely to prevail should the
Orders be revoked, pursuant to sections 751(c), and 752(b) and (c) of
the Act.\6\ On January 30, 2023, the ITC published its determination,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\7\
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\6\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey, Taiwan, and Japan; Final Results of First Expedited Sunset
Reviews of the Antidumping Duty Orders, 87 FR 60120 (October 4,
2022); and Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Results of the Expedited Five-Year Sunset Review of
the Countervailing Duty Order, 87 FR 60376 (October 5, 2022).
\7\ See Steel Concrete Reinforcing Bar from Japan, Taiwan, and
Turkey Investigation Nos. 701-TA-564 and 731- TA-1338-1340 (Review),
88 FR 5918 (January 30, 2023).
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Scope of the Orders
The merchandise subject to these Orders is steel concrete
reinforcing bar imported in either straight length or coil form (rebar)
regardless of metallurgy, length, diameter, or grade or lack thereof.
Subject merchandise includes deformed steel wire with bar markings
(e.g., mill mark, size, or grade) and which has been subjected to an
elongation test.
The subject merchandise includes rebar that has been further
processed in the subject countries or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of the Orders if performed in the country of manufacture
of the rebar.
Specifically excluded are plain rounds (i.e., nondeformed or smooth
rebar). Also excluded from the scope is deformed steel wire meeting
ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or
grade) and without being subject to an elongation test.
At the time of the filing of the petition, there was an existing
CVD order on steel reinforcing bar from the Republic of Turkey. See
Steel Concrete Reinforcing Bar from the Republic of Turkey, 79 FR 65926
(November 6, 2014) (2014 Turkey CVD Order). The scope of this CVD Order
with regard to rebar from Turkey covers only rebar produced and/or
exported by those companies that are excluded from the 2014 Turkey CVD
Order. At the time of the issuance of the 2014 Turkey CVD Order, Habas
was the only excluded Turkish rebar producer or exporter.
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise
[[Page 8798]]
may also enter under other HTSUS numbers including 7215.90.1000,
7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080,
7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and
7228.60.6000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of the Orders is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to sections 751(c)(1) and
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the AD orders on rebar from Turkey, Taiwan, and Japan,
and the CVD order on rebar from Turkey. U.S. Customs and Border
Protection will continue to collect AD and CVD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of continuation of these Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year review of the Orders not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: February 6, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02853 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 10, 2023.
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