Notice2024-09371
Steel Concrete Reinforcing Bar From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 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
May 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) received countervailable subsidies during the period of review (POR) January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 85 (Wednesday, May 1, 2024)</title>
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[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35071-35073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09371]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye:
Final Results of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and exporters of steel concrete reinforcing bar
(rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) received
countervailable subsidies during the period of review (POR) January 1,
2021, through December 31, 2021.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202)-482-1395.
Background
On December 7, 2023, Commerce published in the Federal Register the
Preliminary Results of the 2021 administrative review of the
countervailing duty order on rebar from the Republic of T[uuml]rkiye
and invited comments from interested parties.\1\ On March 21, 2024,
Commerce extended the deadline for issuing the final results until
April 25, 2024.\2\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this review in accordance with
section 751(a)(1)(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 Countervailing Duty Administrative
Review and Rescission of Administrative Review, in Part; 2021, 88 FR
85234 (December 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the Countervailing Duty Administrative Review,'' dated March 21,
2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Steel Concrete
Reinforcing Bar from the Republic of T[uuml]rkiye; 2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
The product covered by the order is rebar from T[uuml]rkiye. For a
full
[[Page 35072]]
description of the scope of the order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum are listed in the
appendix 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 Duties 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 comments received from interested parties, we made certain
changes regarding the attribution of subsidies to Kaptan Demir Celik
Endustrisi ve Ticaret A.S., however, this did not result in a change to
the calculation of subsidy benefits for Kaptan. For a full description
of these revisions, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we determine 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 full
description of the methodology underlying Commerce's conclusions,
including any determination that relied upon the use of adverse facts
available (AFA) pursuant to sections 776(a) and (b) of the Act, 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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Final Results of the Administrative Review
We find the following net countervailable subsidy rates for the
period January 1, 2021, through December 31, 2021:
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\5\ Commerce finds the following companies to be cross-owned
with Kaptan: Kaptan Geri Donusum Teknolojileri Tic. A.S. and Nur
Gemicilik ve Tic. A.S.
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Subsidy rate (percent ad
Producer/exporter valorem)
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Kaptan Demir Celik Endustrisi ve Ticaret 5.54.
A.S., Kaptan Metal Dis Ticaret ve Nakliyat
A.S., and their cross-owned affiliates \5\.
Colakoglu Metalurji A.S. and Colakoglu Dis 0.03 (de minimis).
Ticaret A.S.
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Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we have made no changes to the calculations in the Preliminary
Results, there are no calculations to disclose.
Assessment
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (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).
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 for the companies listed above for
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. For all non-reviewed firms, we
will instruct CBP to 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 violation
subject to sanction.
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 351.221(b)(5).
Dated: April 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Revise its Attribution
Findings for Kaptan
Comment 2: Whether Commerce Should Use Kaptan's Land Benchmark,
Not the Petitioner's Land Benchmark
Comment 3: Whether Commerce Should Continue to Find BITT
Exemptions Countervailable
Comment 4: Whether Commerce Should Apply AFA to Kaptan's BITT
Exemptions Found During Verification
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Comment 5: Whether the Social Security Support under Law 4447
Program is Countervailable
Comment 6: Whether the Social Security Support under Law 27256
Program is Countervailable
Comment 7: Whether Commerce Should Have Rejected Kaptan's
Submission and Applied AFA for the Social Security Support under
Laws 4446 and 27256 Programs
Comment 8: Whether the Social Security Support under Law 5510/
6661 Program is Countervailable
VIII. Recommendation
[FR Doc. 2024-09371 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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