Notice2025-12045
Steel Concrete Reinforcing Bar From Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
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
June 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 123 (Monday, June 30, 2025)</title>
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[Federal Register Volume 90, Number 123 (Monday, June 30, 2025)]
[Notices]
[Pages 27846-27851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12045]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-721-001, A-487-002, A-729-805, A-552-853]
Steel Concrete Reinforcing Bar From Algeria, Bulgaria, Egypt, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 24, 2025.
FOR FURTHER INFORMATION CONTACT: Anjali Mehindiratta at (202) 482-9127
(Algeria), Hermes Pinilla at (202) 482-3477 (Bulgaria), Anne Entz at
(202) 482-3845 (Egypt), and Charles Doss at (202) 482-4474 (the
Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 4, 2025, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of steel
concrete reinforcing bar (rebar) from Algeria, Bulgaria, Egypt, and
Vietnam filed in proper form on behalf of the Rebar Trade Action
Coalition (the petitioner) and its individual members, domestic
producers of rebar.\1\ The AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of rebar from
Algeria, Egypt, and Vietnam.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated June 4, 2025
(Petitions). The individual members of the Rebar Trade Action
Coalition are Byer Steel Corporation, Commercial Metals Company,
Gerdau Ameristeel U.S. Inc., Nucor Corporation, Optimus Steel, and
Steel Dynamics, Inc.
\2\ Id.
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Between June 9 and 20, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ Between June 11 and 23, 2025, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
June 9, 2025 (First General Issues Questionnaire) and First Country-
Specific Supplemental Questionnaires: Algeria Supplemental, Bulgaria
Supplemental, Egypt Supplemental, and Vietnam Supplemental, dated
June 10, 2025; see also Memorandum, ``Teleconference with Counsel to
the Petitioner,'' dated June 20, 2025 (June 20, 2025, Memorandum);
and Country-Specific Memoranda, ``Teleconference with Counsel to the
Petitioner,'' dated June 20, 2025.
\4\ See Petitioner's Letters, ``Petitioner's Response to the 1st
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated June 11, 2025 (First General Issues
Supplement); ``First Country-Specific AD Supplemental Responses:
First Angola AD Supplement,'' ``First Algeria AD Supplement,''
``First Egypt AD Supplement,'' and ``First Vietnam AD Supplement,''
dated June 12, 2025; ``Petitioner's Response to the 2nd Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated June 23, 2025 (Second General Issues Supplement);
and ``Second Country-Specific AD Supplemental Responses: Second
Angola AD Supplement,'' ``Second Algeria AD Supplement,'' ``Second
Egypt AD Supplement,'' and ``Second Vietnam AD Supplement,'' dated
June 23, 2025.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of rebar from
Algeria, Bulgaria, Egypt, and Vietnam are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the rebar
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions were accompanied by information reasonably available
to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner and its individual
members are interested parties, as defined in sections 771(9)(C) and
(F) of the Act. Commerce also finds that the petitioner demonstrated
sufficient industry support for the initiation of the requested LTFV
investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigations (POI)
Because the Petitions were filed on June 4, 2025, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the Algeria,
Bulgaria, and Egypt LTFV investigations is April 1, 2024, through March
31, 2025. Because Vietnam is a non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam LTFV
investigation is October 1, 2024, through March 31, 2025.
Scope of the Investigations
The product covered by these investigations is rebar from Algeria,
Bulgaria, Egypt, and Vietnam. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On June 20, 2025, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\6\ On June
23, 2025, the petitioner provided clarifications.\7\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\6\ See June 20, 2025, Memorandum.
\7\ See Second General Issues Supplement at 1-2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments
[[Page 27847]]
include factual information,\9\ all such factual information should be
limited to public information. Commerce requests that interested
parties provide at the beginning of their scope comments a public
executive summary for each comment or issue raised in their submission.
Commerce further requests that interested parties limit their public
executive summary of each comment or issue to no more than 450 words,
not including citations. Commerce intends to use the public executive
summaries as the basis of the comment summaries included in the
analysis of scope comments. To facilitate preparation of its
questionnaires, Commerce requests that scope comments be submitted by
5:00 p.m. Eastern Time (ET) on July 14, 2025, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on July 24, 2025, which is
10 calendar days from the initial comment deadline.
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (June 19, 1997) (Preamble); see also 19 CFR
351.312.
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of rebar to be reported in
response to Commerce's AD questionnaires. This information will be used
to identify the key physical characteristics of the subject merchandise
in order to report the relevant factors of production (FOP) or cost of
production (COP) accurately, as well as to develop appropriate product
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe rebar, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on July 14,
2025, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on July 24, 2025,
which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of the each of the LTFV
investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\11\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\12\
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\11\ See section 771(10) of the Act.
\12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\13\ Based on our analysis
[[Page 27848]]
of the information submitted on the record, we have determined that
rebar, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\14\
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\13\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Steel Concrete Reinforcing Bar from Algeria, Bulgaria,
Egypt, and the Socialist Republic of Vietnam,'' dated concurrently
with, and hereby adopted by, this notice (Country-Specific AD
Initiation Checklists), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Steel Concrete Reinforcing Bar from Algeria, Bulgaria,
Egypt, and the Socialist Republic of Vietnam (Attachment II). These
checklists are on file electronically via ACCESS.
\14\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the U.S. producers
that support the Petitions and compared this to total production of the
domestic like product by the U.S. rebar industry.\15\ We relied on data
provided by the petitioner for purposes of measuring industry
support.\16\
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\15\ Id.
\16\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\17\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\18\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\19\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\20\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\21\
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\17\ Id.
\18\ Id.; see also section 732(c)(4)(D) of the Act.
\19\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\20\ Id.
\21\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports from Algeria, Bulgaria, Egypt, and Vietnam individually
exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\22\
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\22\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Steel Concrete Reinforcing
Bar from Algeria, Bulgaria, Egypt, and the Socialist Republic of
Vietnam (Attachment III).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression;
lost sales and revenues; and declines in the domestic industry's
production, capacity utilization, shipment values, and financial
performance.\23\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence, and meet the
statutory requirements for initiation.\24\
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\23\ See Attachment III of the Country-Specific AD Initiation
Checklists.
\24\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of rebar from Algeria, Bulgaria Egypt, and Vietnam. The
sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Algeria, the petitioner based export price (EP) on the POI
average unit value (AUV) derived from official import statistics for
imports of rebar from Algeria.\25\ For Bulgaria, Egypt, and Vietnam,
the petitioner based EP on transaction-specific AUVs (i.e., month- and
port-specific AUVs) derived from official import statistics and tied to
ship manifest data.\26\ For each country, the petitioner made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\27\
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\25\ See Algeria AD Initiation Checklist.
\26\ See Country-Specific AD Initiation Checklists.
\27\ Id.
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Normal Value \28\
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\28\ In accordance with section 773(b)(2) of the Act, for the
Algeria, Bulgaria, and Egypt investigations, Commerce will request
information necessary to calculate the constructed value (CV) and
COP to determine whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product.
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For Algeria, Bulgaria, and Egypt, the petitioner stated that it was
unable to obtain home market or third-country pricing information for
rebar produced in the respective countries to use as a basis for
NV.\29\ Therefore, for Algeria, Bulgaria, and Egypt, the petitioner
calculated NV based on CV. For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\29\ See Country-Specific AD Initiation Checklists.
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Commerce considers Vietnam to be an NME country.\30\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of the LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\30\ See, e.g., Raw Honey from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Changed Circumstances
Review, 89 FR 64411 (August 7, 2024), and accompanying NME Analysis
Memorandum at 5.
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The petitioner claims that Egypt is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\31\ The petitioner
provided publicly available information from Egypt to value all
FOPs.\32\ Based on the information provided by the petitioner, we
believe it is appropriate to use Egypt as a surrogate country for
Vietnam to value all FOPs for initiation purposes.
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\31\ See Vietnam AD Initiation Checklist.
\32\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available
[[Page 27849]]
information to value FOPs within 30 days before the scheduled date of
the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Vietnamese producers/exporters was not reasonably available, under the
NME methodology, the petitioner used the production experience and
product-specific consumption rates of a U.S. producer of rebar as a
surrogate to value Vietnamese manufacturers' FOPs.\33\ Additionally,
the petitioner calculated factory overhead, selling, general, and
administrative expenses (SG&A), and profit based on the experience of
an Egyptian producer of identical merchandise.\34\
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\33\ Id.
\34\ Id.
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Normal Value Based on Constructed Value
As noted above for Algeria, Bulgaria, and Egypt, the petitioner
stated that it was unable to obtain home market or third-country prices
for rebar to use as a basis for NV. Therefore, for Algeria, Bulgaria,
and Egypt, the petitioner calculated NV based on CV.\35\
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\35\ See Country-Specific AD Initiation Checklists.
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Pursuant to section 773(e) of the Act, the petitioner calculated CV
as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\36\ In calculating the cost of manufacturing, the
petitioner relied on the production experience and input consumption
rates of a U.S. producer of rebar, valued using publicly available
information applicable to Algeria, Bulgaria, and Egypt, where
applicable.\37\ For calculating SG&A expenses, financial expenses, and
profit ratios, the petitioner relied on the financial statements of a
producer of identical merchandise domiciled in the respective
countries.\38\
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\36\ Id.
\37\ Id.
\38\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of rebar from Algeria, Bulgaria, Egypt, and
Vietnam are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in accordance with sections 772
and 773 of the Act, the estimated dumping margins for rebar for each of
the countries covered by this initiation are as follows: (1) Algeria--
127.32 percent; (2) Bulgaria--27.79 percent; (3) Egypt--110.87 to
128.98 percent; and (4) Vietnam--117.61 percent.\39\
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\39\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of rebar from Algeria, Bulgaria, Egypt, and Vietnam are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
Algeria, Bulgaria, and Egypt
In the Petitions, the petitioner identified four companies in
Algeria, seven companies in Bulgaria, and 13 companies in Egypt as
producers and/or exporters of rebar.\40\
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\40\ See Petitions at Volume I (page 17 and Exhibit I-10); see
also First General Issues Supplement at 1.
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Following standard practice in LTFV investigations involving market
economy countries, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resource, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for imports under the appropriate Harmonized
Tariff Schedule of the United States (HTSUS) subheading(s) listed in
the ``Scope of the Investigations,'' in the appendix.
On June 23, 2025, Commerce released CBP data on imports of rebar
from Algeria, Bulgaria, and Egypt under administrative protective order
(APO) to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of the notice of initiation of these
investigations.\41\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\41\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated June 23, 2025.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Vietnam
In the Petitions, the petitioner identified 10 companies in Vietnam
as producers/exporters of rebar.\42\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petition, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are 10 Vietnamese producers and/or exporters identified
in the Petitions, Commerce has determined that it will issue Q&V
questionnaires to each potential respondent for which there is complete
address information on the record.
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\42\ See Petitions at Volume I (page 17 and Exhibit I-10).
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of rebar in Vietnam that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Vietnamese producers/exporters no later than
5:00 p.m. ET on July 8, 2025, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Interested parties must submit
applications for disclosure under administrative protective order (APO)
in accordance with 19 CFR 351.305(b). As stated above, instructions for
filing such applications may be found on
[[Page 27850]]
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. Note that Commerce recently
promulgated new regulations pertaining to separate rates, including the
separate rate application deadline and eligibility for separate rate
status, in 19 CFR 351.108.\43\ Pursuant to 19 CFR 351.108(d)(1), the
separate rate application will be due 21 days after publication of this
initiation notice.\44\ Exporters and producers must file a timely
separate rate application if they want to be considered for individual
examination. In addition, pursuant to 19 CFR 351.108(e), exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they fully respond to all parts of
Commerce's AD questionnaire and participate in the LTFV proceeding as
mandatory respondents.\45\ Commerce requires that companies from
Vietnam submit a response both to the Q&V questionnaire and to the
separate rate application by the respective deadlines to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\43\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\44\ See 19 CFR 351.108(d)(1).
\45\ See 19 CFR 351.108(e).
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Use of Combination Rates
Upon applying an NME methodology, Commerce will calculate
combination rates for certain respondents that are eligible for a
separate rate in an NME investigation. The Separate Rates and
Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\46\
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\46\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the governments of Algeria, Bulgaria, Egypt, and Vietnam
via ACCESS. To the extent practicable, we will attempt to provide a
copy of the public version of the Petitions to each exporter named in
the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of rebar from Algeria, Bulgaria, Egypt, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\47\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\48\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\47\ See section 733(a) of the Act.
\48\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \49\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\50\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\49\ See 19 CFR 351.301(b).
\50\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
[[Page 27851]]
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\51\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\52\
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\51\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\52\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\53\
Parties must use the certification formats provided in 19 CFR
351.303(g).\54\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\53\ See section 782(b) of the Act.
\54\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\55\
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\55\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 24, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise subject to these investigations is steel
concrete reinforcing bar imported in either straight length or coil
form (rebar) regardless of metallurgy, length, diameter, or grade or
lack thereof.
The subject merchandise includes rebar that has been further
processed in the subject countries or a third country, including but
not limited to cutting, grinding, galvanizing, painting, coating, or
any other processing that would not otherwise remove the merchandise
from the scope of these investigations if performed in the country
of manufacture of the rebar.
Specifically excluded are plain rounds (i.e., nondeformed or
smooth rebar).
The subject merchandise is classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) primarily under item numbers
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS numbers including
7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001,
7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040,
7228.20.1000, and 7228.60.6000. HTSUS numbers are provided for
convenience and customs purposes; however, the written description
of the scope remains dispositive.
[FR Doc. 2025-12045 Filed 6-27-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 30, 2025.
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