Notice2023-28582
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of the Antidumping Duty Administrative Review; 2021-2022
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 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2021, through June 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89663-89664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28582]
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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 the Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that certain
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR) July 1, 2021, through June 30, 2022.
DATES: Applicable December 28, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 or (202)
482-0029, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2023, Commerce published the Preliminary Results in
the Federal Register.\1\ On November 6, 2023, Commerce extended the
time period for issuing the final results of this review until December
21, 2023.\2\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this administrative review in
accordance with section 751 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; 2021-2022, 88 FR 50100 (August 1, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated November
6, 2023.
\3\ See Memorandum, '' Steel Concrete Reinforcing Bar from the
Republic of Turkey: Issues and Decision Memorandum for the Final
Results of the Antidumping Duty Administrative Review; 2021-2022,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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) (collectively, Order).
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The merchandise subject to the Order is steel concrete reinforcing
bar imported in either straight length or coil form (rebar) regardless
of metallurgy, length, diameter, or grade or lack thereof.\5\
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\5\ For a complete description of the scope of the Order, see
Preliminary Results PDM.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice in Appendix I. 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="https://access.trade.gov">https://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 comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the margin calculations for Kaptan Demir Celik Endustrisi Ve
Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S. (collectively,
Kaptan).\6\
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\6\ For a full description of changes, see Issues and Decision
Memorandum.
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Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margins for the period July 1, 2021, through
June 30, 2022:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S... 0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan 25.86
Metal Dis Ticaret Ve Nakliyat A.S...................
Companies Not Selected for Individual Review \7\..... 25.86
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[[Page 89664]]
Disclosure
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\7\ The exporters or producers not selected for individual
review are listed in Appendix II.
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Commerce intends to disclose the calculations performed for Kaptan
in connection with these final results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), because both Colakoglu Metalurji
A.S./Colakoglu Dis Ticaret A.S. (collectively, Colakoglu) and Kaptan
reported the entered value for their U.S. sales, we calculated
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those same sales. Where
either a 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 identified in Appendix II that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established in these final results of review.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Colakoglu or Kaptan
for which the producer did not know that the merchandise it sold to the
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, 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.\8\
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\8\ 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 cash 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 equal to the weighted-average dumping margin that
is established in the final results of this review, except if the rate
is less than 0.50 percent and, therefore, de minimis within the meaning
of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be
zero; (2) for previously investigated or reviewed companies not covered
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, or the less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment for the producer of the 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 LTFV
investigation.\9\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Order, 87 FR at 935.
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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 certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this review
period. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties, and/or increase in the amount of antidumping duties
by the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition 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 return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
Comment 1: Whether to Modify the Universe of Sales for Kaptan's
U.S. Sales
Comment 2: Whether the U.S. Department of Commerce (Commerce)
Should Use Invoice Date as the U.S. Date of Sale for Kaptan
Comment 3: Whether Commerce Correctly Calculated the Difference-
in-Merchandise (DIFMER) Adjustment for Kaptan
Comment 4: Whether to Correct Errors in Colakoglu's and Kaptan's
Margin Calculations
V. Recommendation
Appendix II--List of Companies Not Selected for Individual Examination
1. Diler Dis Ticaret A.S.
2. Ekinciler Demir ve Celik Sanayi A.S.
3. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
4. Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
5. Sami Soybas Demir Sanayi ve Ticaret A.S.
[FR Doc. 2023-28582 Filed 12-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 28, 2023.
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