Notice2024-18297
Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
August 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters of steel concrete reinforcing bar (rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) July 1, 2022, through June 30, 2023. In addition, Commerce is rescinding the review, in part, with respect to three companies which had no entries in the U.S. Customs and Border Production (CBP) data. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66350-66353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18297]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-829]
Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters of steel concrete reinforcing bar
(rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) made sales of
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR) July 1, 2022, through June 30,
2023. In addition, Commerce is rescinding the review, in part, with
respect to three companies which had no entries in the U.S. Customs and
Border Production (CBP) data. We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 15, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Samuel Evans,
AD/CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725 or (202) 482-2420,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce published the antidumping duty order on
rebar from T[uuml]rkiye in the Federal Register.\1\ On September 11,
2023, based
[[Page 66351]]
on timely requests for review, Commerce initiated an administrative
review of the Order covering six companies, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ On March 6,
2024, we extended the deadline for the preliminary results of this
administrative review to July 30, 2024.\3\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\4\ The deadline for the preliminary results is now August 6,
2024. For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2022).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
March 6, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of T[uuml]rkiye; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is rebar from T[uuml]rkiye.
For a full description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum. A list of topics included in the Preliminary
Decision Memorandum is attached as an 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>.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\6\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the antidumping duty assessment rate calculated for the
review period.\7\ Therefore, for an administrative review of a company
to be conducted, there must be a suspended entry that Commerce can
instruct and CBP to liquidate at the AD assessment rate calculated for
the POR.\8\
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\6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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On December 21, 2023, we notified parties of our intent to rescind
this administrative review, in part, with respect to: (1) Diler
D[inodot][scedil] Ticaret A.[Scedil]. (Diler); (2) Ekinciler Demir ve
Celik Sanayi A.S. (Ekinciler); and (3) Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. (Habas) because there were no suspended
entries of subject merchandise produced or exported by these companies
during the POR, and we invited interested parties to comment.\9\ On
January 4, 2024, Ekinciler and Diler commented on the Intent to Rescind
Memorandum.\10\ On January 11, 2024, the Rebar Trade Action Coalition,
the petitioner in this proceeding, submitted rebuttal comments.\11\ We
reviewed these comments and determine that, in the absence of any
suspended entries of subject merchandise from Diler, Ekinciler, and
Habas during the POR, we are rescinding the administrative review for
these companies, in accordance with 19 CFR 351.213(d)(3).
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 21, 2023 (Intent to Rescind Memorandum).
\10\ See Ekinciler's and Diler's Letter, ``Comments on
Commerce's Intent to Rescind the Review,'' dated January 4, 2024.
\11\ See Petitioner's Letter, ``Rebuttal Comments on Intent to
Rescind, In Part,'' dated January 11, 2024.
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Rate for Company Not Selected for Individual Examination
The Act and Commerce's regulations do not address the rate to be
applied to companies not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy less-than-fair-value (LTFV)
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely on the basis of facts
available.
We preliminarily calculated a dumping margin of zero for one of the
two mandatory respondents, Icdas Celik Enerju Tersane ve Ulasim Sanayi
A.S. (Icdas). Therefore, we have preliminarily assigned a dumping
margin to Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan Metal
Dis Ticaret Ve Nakliyat A.S., the company not selected for individual
examination in this review, based on the rate calculated for the other
mandatory respondent, Colakoglu Metalurji A.S./Colakoglu Dis Ticaret
A.S. (collectively, Colakoglu).
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margins exist for the period July 1, 2022, through June 30,
2023:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S...... 1.05
Icdas Celik Enerju Tersane ve Ulasim Sanayi A.S......... 0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan 1.05
Metal Dis Ticaret Ve Nakliyat A.S......................
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Verification
On December 20, 2023, the petitioner requested that Commerce
conduct verification of the factual information submitted by the
respondents in this administrative review.\12\ Accordingly, as provided
in section 782(i)(3) of the Act, Commerce intends to verify the
[[Page 66352]]
information relied upon in determining its final results.
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\12\ See Petitioner's Letter, ``Request for Verification,''
dated December 20, 2023.
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
seven days after the date on which the last verification report is
issued in this administrative 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.\13\ Interested parties who
submit case briefs or rebuttal briefs in this administrative review
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\14\
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\13\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 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.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule, 88 FR at 67077.
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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 within 30 days after the date of publication of this notice.
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. Oral presentations at the hearing will
be limited to issues raised in the briefs. If a request for a hearing
is made, parties will be notified of the time and date for the
hearing.\17\
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\17\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\18\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\18\ See 19 CFR 351.303.
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. Pursuant to 19 CFR 351.212(b)(1),
because both respondents 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 the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c), or an importer-specific rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Colakoglu or Icdas
for which these companies did not know that the merchandise they sold
to an intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. We will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the review-specific rate,
calculated as noted in the ``Rate for Company Not Selected for
Individual Examination'' section, above. The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by this review and for future deposits
of estimated duties, where applicable.\20\
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\20\ See section 751(a)(2)(C) of the Act.
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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).
For those companies for which we are rescinding this administrative
review (i.e., Diler, Ekinciler, and Habas), we will instruct CBP to
assess antidumping duties on all appropriate entries at a rate equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the
period July 1, 2022, through June 30, 2023, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue these rescission
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
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
listed above will be equal to the weighted-average dumping margin
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 reviewed or investigated companies not covered by
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 was reviewed; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently-completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters
[[Page 66353]]
will continue to be 3.90 percent, the all-others rate established in
the LTFV investigation.\21\
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\21\ See Order, 87 FR at 935.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results 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: August 5, 2024.
Scot Fullerton,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2024-18297 Filed 8-14-24; 8:45 am]
BILLING CODE 3510-DS-P
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