Notice2023-26881
Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) during the period of review (POR) January 1, 2021, through December 31, 2021. In addition, we are rescinding the review with respect to 15 companies and announcing our preliminary intent to rescind this review with respect to four companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85234-85236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26881]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review and
Rescission of Administrative Review, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of steel concrete reinforcing bar (rebar) from
the Republic of Turkey (Turkey) during the period of review (POR)
January 1, 2021, through December 31, 2021. In addition, we are
rescinding the review with respect to 15 companies and announcing our
preliminary intent to rescind this review with respect to four
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Stefan Smith,
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) 482-1395 or (202)
482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the
countervailing duty order on rebar from Turkey.\1\ On November 1, 2022,
Commerce published the notice of opportunity to request an
administrative review of the Order.\2\ On January 3, 2023, based on
timely requests for an administrative review, Commerce published the
notice of initiation of an administrative review of the Order.\3\ On
March 28, 2023, Commerce selected Colakoglu Metalurji A.S. (Colakoglu)
and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan) as the
mandatory respondents in this review.\4\ On July 17, 2023, Commerce
extended the deadline for the preliminary results of this
administrative review until November 30, 2023.\5\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50, (January 3, 2023); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 15642, (March 14, 2023).
\4\ See Memorandum, ``Respondent Selection Memorandum,'' dated
March 28, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
17, 2023.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included in 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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the 2021 Countervailing Duty Administrative Review
and Rescission of Review in Part: Steel Concrete Reinforcing Bar
from the Republic of Turkey,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is rebar from Turkey. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this countervailing duty administrative
review in accordance with section 751(a)(1) of the Tariff Act of 1930,
as amended (the Act). For each subsidy program found countervailable,
Commerce preliminarily determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\7\ For a full
description of the methodology underlying our conclusions, including
our reliance, in part, on facts otherwise available pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\7\ 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
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. On April 3, 2022, the Rebar
Trade Coalition (the petitioner) timely withdrew its requests for an
administrative review of Icdas and its cross-owned affiliates (i.e.,
Mardas Marmara Deniz Isletmeciligi A.S.; Artmak Denizcilik Ticaret ve
Sanayi 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.; Eras Tasimacilik Taahhut Insaat ve Ticaret
A.S.; and Karsan Gemi Insaa Sanayi Ticaret A.S.).\8\ Because the
withdrawal request from the petitioner was timely filed, and no other
party requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to the Icdas and its cross-owned affiliates
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\8\ See Petitioner's, ``Partial Withdrawal of Request for
Administrative Review,'' dated April 1, 2023
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Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we determine that the following companies had no entries of
subject merchandise during the POR: Ans Kargo Lojistik Tas
[[Page 85235]]
ve Tic; Baykan Dis Ticaret; Kibar dis Ticaret A.S.; Meral Makina Iml
Ith Ihr Gida; Sami Soybas Demir Sanayi ve Ticaret; and Yucel Boru
Ihracat Ithalat ve Pazarlama. On April 17, 2023, we notified parties of
our intent to rescind the administrative review with respect to the
four companies because there are no reviewable suspended entries.\9\ No
parties commented on the notification of intent to rescind the review,
in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the
administrative review of these companies. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated April 17, 2023.
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Preliminary Results of Review
We preliminary find that the net countervailable subsidy rates
exist for the period January 1, 2021, through December 31, 2021:
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Subsidy rate
Company (percent ad
valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret A.S., 5.54
Kaptan Metal Dis Ticaret ve Nakliyat A.S., and
their cross-owned affiliates \10\..................
Colakoglu Metalurji A.S............................. 0.03 (de minimis)
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Cash Deposit Requirements
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\10\ Commerce preliminarily 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.
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In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct CBP to
collect cash deposits of the estimated countervailing duties in the
amounts calculated in the final results of this review for the
respective companies listed above with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. If
the rate calculated in the final results is zero or de minimis, no cash
deposit will be required on shipments of the subject merchandise
entered or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this 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.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
issuance of the final results of the administrative review, consistent
with section 751(a)(1) 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.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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).
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\11\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\12\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\13\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\13\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system,
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ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These 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
351.213 and 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, in Part
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-26881 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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