Notice2025-23453
Steel Concrete Reinforcing Bar From Algeria: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Primary source
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Published
December 19, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that steel concrete reinforcing bar (rebar) from Algeria is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through March 31, 2025. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59503-59505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23453]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-721-001]
Steel Concrete Reinforcing Bar From Algeria: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that steel concrete reinforcing bar (rebar) from Algeria is
being, or is likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2024,
through March 31, 2025. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable December 19, 2025.
FOR FURTHER INFORMATION CONTACT: Anjali Mehindiratta, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9127.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 30,
2025.\1\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days.\2\ Additionally, due to a
backlog of documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\3\ Accordingly, the deadline for
this preliminary determination is now January 20, 2026.
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\1\ See Steel Concrete Reinforcing Bar from Algeria, Bulgaria,
Egypt, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 90 FR 27846 (June 30, 2025)
(Initiation Notice).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II 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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Steel
Concrete Reinforcing Bar from Algeria,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is rebar from Algeria.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. The complete
description of the scope is provided in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied upon facts otherwise available to
determine an estimated weighted-average dumping margin for Tosyali Iron
Steel Industry Algeria SPA (Tosyali Algeria), the sole mandatory
respondent in this investigation, because Tosyali Algeria withdrew its
participation in this investigation.
Furthermore, Commerce preliminarily determines that Tosyali Algeria
failed to cooperate by not acting to the best of its ability to comply
with a request for information and Commerce is using an adverse
inference in selecting from facts otherwise available (i.e., applying
adverse facts available (AFA) to this respondent, in accordance with
section 776(b) of the Act). For a full description of the methodology
underlying the preliminary determination, see the Preliminary Decision
Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
a preliminary determination, Commerce shall determine an estimated
weighted-average dumping margin for all-others exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any
[[Page 59504]]
zero and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, then Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. Commerce has preliminarily
determined that the estimated weighted-average dumping margin for
Tosyali Algeria entirely under section 776 of the Act. Consequently,
pursuant to section 735(c)(5)(B) of the Act, Commerce's normal practice
under these circumstances has been to calculate the all-others rate as
a simple average of the dumping margin(s) alleged in the petition.\7\
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\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
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In the Petition,\8\ the petitioner, Rebar Trade Action Coalition,
alleged a single dumping margin for Algeria of 127.32 percent.\9\
Therefore, consistent with our practice, for the all-others rate in
this investigation, we preliminarily assign the dumping margin alleged
in the Petition, which is 127.32 percent.
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\8\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated June 4, 2025
(Petition), as revised in Petitioner's Letter, ``Petitioner Response
to the 2nd Supplemental Questionnaire Regarding Algeria Antidumping
Duty Volume II of the Petition,'' dated June 23, 2025, at Exhibit
II-Supp2-4.
\9\ See Initiation Notice, 90 FR at 27846.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Tosyali Iron Steel Industry Algeria SPA..................... * 127.32
All Others.................................................. 127.32
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* Rate is based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin, as follows: (1) the cash deposit rate for
merchandise exported by Tosyali Algeria will be equal to the company-
specific estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to determine the estimated weighted-average dumping margin for the
individually examined company, Tosyali Algeria, in this investigation,
in accordance with section 776 of the Act, and the applied AFA rate is
based solely on the petition, there are no calculations to disclose.
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
Because Tosyali Algeria in this investigation did not provide the
information requested by Commerce, and Commerce preliminarily
determines Tosyali Algeria to have been uncooperative, Commerce will
not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. 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.\10\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\11\
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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 Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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[[Page 59505]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 16, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation 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 country 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 this investigation 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 subheadings
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject
merchandise may also enter under other HTSUS subheadings 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 subheadings are provided for
convenience and customs purposes; however, the written description
of the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Recommendation
[FR Doc. 2025-23453 Filed 12-18-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 19, 2025.
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