Notice2023-11311
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2020
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
May 26, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through December 31, 2020. Additionally, we are rescinding the review for 21 companies that had no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 102 (Friday, May 26, 2023)</title>
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[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34129-34131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11311]
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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; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31,
2020. Additionally, we are rescinding the review for 21 companies that
had no shipments of subject merchandise to the United States during the
POR.
DATES: Applicable May 26, 2023.
FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-0461.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on December 1, 2022,\1\
and invited comments from interested parties. For a description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent to Rescind in Part; 2020, 87 FR 73750 (December 1,
2022) (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; 2020,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
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The merchandise covered by the Order is rebar. A full description
of the scope of the Order is contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties in case briefs are
addressed in the Issues and Decision Memorandum
[[Page 34130]]
accompanying this notice. A list of issues raised by the interested
parties, and to which Commerce responded in the Issues and Decision
Memorandum, are provided in Appendix I to this notice. 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 the comments received from
interested parties, we revised the calculation of the net
countervailable subsidy rates for Colakoglu Dis Ticaret A.S.
(Colakoglu) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan).
For a discussion of the issues, see the Issues and Decision Memorandum.
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.
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\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.
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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\
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\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).
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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\ 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. Further, in response
to the Preliminary Results, no party submitted information to
contradict the information on the record. Therefore, in accordance with
19 CFR 351.213(d)(3), we are rescinding the administrative review with
respect to the companies listed in Appendix II.
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\8\ See Appendix II and Preliminary Results PDM at 5.
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Rate for Non-Selected Companies Under Review
There is one 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. We made no changes to the methodology for
determining a rate for companies not selected for individual
examination from the Preliminary Results. However, due to changes in
calculations for Colakoglu and Kaptan, the non-selected rate changed.
Thus, for Icdas, the non-selected company in this review, we are
applying an ad valorem subsidy rate of 2.15 percent.
Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the POR
January 1, 2020, through December 31, 2020:
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\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; 2019, 87 FR 21640
(April 12, 2022).
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Subsidy rate (percent
Company ad valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret A.S., 2.15
Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
their cross-owned affiliates \9\..............
Colakoglu Dis Ticaret A.S., Colakoglu Metalurji * 0.07
A.S.\10\......................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi 2.15
A.S., and its cross-owned affiliates \11\.....
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* De minimis.
Disclosure
We intend 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).
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).
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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: May 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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 Use Kaptan's Land Benchmark,
Not the Petitioner's Land Benchmark
Comment 2: Whether Commerce Should Revise its Finding That
General BITT Exemptions Are Not Countervailable
Comment 3: Whether Commerce Should Include Geri Donusum's
Benefits and Total POR Sales in the Benefit Calculation for BITT
Exemptions
Comment 4: Whether Commerce Should Rely on Respondents' Revised
and Adjusted Sales Data
Comment 5: 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
IX. Recommendation
Appendix II
List of Rescinded Companies
1. Acemar International Limited
2. A G Royce Metal Marketing
3. Agir Haddecilik A.S.
4. Ans Kargo Lojistik Tas ve Tic.
5. As Gaz Sinai ve Tibbi Gazlar A.S.
6. Asil Celik Sanayi ve Ticaret A.S.
7. Bastug Metalurji Sanayi AS.
8. Baykan Dis Ticaret
9. Demirsan Haddecilik Sanayi Ve Ticaret A.S.
10. Diler Dis Ticaret A.S.
11. Ege CelikEndustrisi Sanayi ve Ticaret A.S.
12. Izmir Demir Celik Sanayi A.S.
13. Kibar dis Ticaret A.S.
14. Kocaer Haddecilik Sanayi Ve Ticar A.S.
15. Meral Makina Iml Ith Ihr Gida.
16. Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve
Ticaret Limited Sirketi.
17. MMZ Onur Boru Profil A.S.
18. Ozkan Demir Celik Sanayi A.S.
19. Sami Soybas Demir Sanayi ve Ticaret
20. Wilmar Europe Trading BV
21. Yucel
[FR Doc. 2023-11311 Filed 5-25-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 26, 2023.
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