Notice2024-29428
Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review (POR) January 1, 2022, through December 31, 2022. Additionally, Commerce is rescinding this review with respect to six companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100957-100959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29428]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of steel concrete reinforcing bar (rebar) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review
(POR) January 1, 2022, through December 31, 2022. Additionally,
Commerce is rescinding this review with respect to six companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the
countervailing duty (CVD) order on rebar from T[uuml]rkiye.\1\ On
November 2, 2023, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ On December 29, 2023, Commerce published the notice of the
initiation of this administrative review in the Federal Register.\3\ On
July 11, 2024, Commerce extended the time period for issuing these
preliminary results by 117 days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\5\ On November 22, 2024, Commerce extended
the time period for issuing these preliminary results by an additional
three days.\6\ The deadline for these preliminary results is now
December 6, 2024.
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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, 88 FR 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023).
\4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of T[uuml]rkiye: Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
July 11, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Steel Concrete Reinforcing Bar from
T[uuml]rkiye: Second Extension of Deadline for Preliminary Results
of 2022 Countervailing Duty Administrative Review,'' dated November
22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics included in the Preliminary Decision Memorandum is
provided 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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Steel
Concrete Reinforcing Bar from the Republic of T[uuml]rkiye; 2022,''
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 complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we preliminarily find that there is a subsidy, i.e., a
financial contribution that gives rise to a benefit to the recipient,
and the subsidy is specific.\8\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\8\ 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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[[Page 100958]]
Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
In this administrative review, Commerce preliminarily calculated a
de minimis rate for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the preliminary rate
calculated for Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan).
Consequently, for these preliminary results, we are assigning Colakoglu
Metalurji A.S. the rate calculated for Kaptan.
Rescission of Administrative Review, in Part
Commerce's practice is to rescind an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(1), when the interested party that
requested a review withdraws the request within 90 days of publication
of the notice of initiation of the requested review. Commerce received
timely-filed withdrawal requests with respect to six companies,
pursuant to 19 CFR 351.213(d)(1): (1) Ans Kargo Lojistik Tas ve Tic
Baykan Dis Ticaret; (2) Baykan Dis Ticaret; (3) Kibar dis Ticaret A.S.;
(4) Meral Makina Iml Ith Ihr Gida; (5) Sami Soybas Demir Sanayi ve
Ticaret; and (6) Yucel Boru Ihracat Ithalat ve Pazarlama.\9\ Because
the withdrawal requests were 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 with respect to these six companies.
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\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated January 22, 2024.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
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Subsidy rate (percent ad
Company valorem)
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Icdas Celik Enerji Tersane ve Ulasim 0.14 (de minimis).
Sanayi A.S.
Kaptan Demir Celik Endustrisi ve Ticaret 2.54.
A.S.
Colakoglu Metalurji A.S................... 2.54.
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Disclosure and Public Comment
Commerce intends to disclose its calculations 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 the Federal
Register in accordance with 19 CFR 351.224(b).
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 this notice. 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. Interested parties who submit case or rebuttal briefs in
this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\10\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\10\ 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 Service Procedures).
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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.\11\ 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time 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
whether any participant is a foreign national; (3) a list of the issues
to be discussed. Issues raised in the hearing will be limited to those
raised in the respective case and rebuttal briefs. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\13\
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\13\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies for which Commerce is rescinding this review,
Commerce 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, 2022, through
December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce
intends to issue assessment instructions to CBP regarding these
companies no earlier than 35 days after the date of publication of this
notice in the Federal Register.
For the companies listed in the table above, 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
[[Page 100959]]
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)(2)(C) of the Act, Commerce also
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown for the 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. 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.
Final Results of Administrative Review
Unless otherwise extended, pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised by
parties in their comments, within 120 days after the date of
publication of these preliminary results in the Federal Register.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 6, 2024.
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. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024-29428 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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