Notice2026-04403
Steel Concrete Reinforcing Bar From Algeria: Final Affirmative Determination of Sales at Less Than Fair Value
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
March 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
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<title>Federal Register, Volume 91 Issue 44 (Friday, March 6, 2026)</title>
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[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Notices]
[Pages 11035-11037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04403]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-721-001]
Steel Concrete Reinforcing Bar From Algeria: Final 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) 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.
DATES: Applicable March 6, 2026.
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
On December 19, 2025, Commerce published in the Federal Register
its preliminary determination in the LTFV investigation of rebar from
Algeria and invited parties to comment on the Preliminary
Determination.\1\
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\1\ See Steel Concrete Reinforcing Bar from Algeria: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 90 FR
59503 (December 19, 2025) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
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On January 20, 2026, the Rebar Trade Action Coalition (RTAC or the
petitioner) submitted a case brief urging Commerce to: (1) continue
relying on adverse facts available (AFA) to determine the dumping
margin of the non-responsive mandatory respondent, Tosyali Iron Steel
Industry Algeria SPA (Tosyali), (2) make no changes to the dumping
margins determined in the Preliminary Determination for Tosyali and all
other producers and exporters.\2\
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\2\ See Petitioner's Letter, ``RTAC's Case Brief,'' dated
January 20, 2026.
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No other party submitted a case brief regarding the Preliminary
Determination, and no party submitted a rebuttal brief. As Commerce
received no other substantive comments requesting consideration of
changes to the Preliminary Determination, and Commerce agrees with the
petitioner that no changes are warranted, the Preliminary Determination
is hereby adopted in this final determination, and no decision
memorandum accompanies this notice.
Scope of the Investigation
The product covered by this investigation is steel concrete
reinforcing bar from Algeria. For a complete description of the scope
of this investigation, see the appendix to this notice.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, we have made
no changes to the scope of the investigation from that published in the
Preliminary Determination.
[[Page 11036]]
Verification
Because the non-responsive respondent, Tosyali, did not participate
in this investigation, Commerce did not conduct a verification.
Use of Adverse Facts Available
In this final determination, consistent with the Preliminary
Determination,\3\ Commerce continues to find that the use of facts
otherwise available, with adverse inferences, is warranted in
determining the estimated weighted-average dumping margin for the sole
mandatory respondent, Tosyali, pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the Act). There is no information,
or new arguments, on the record that warrant reconsideration from the
Preliminary Determination. Thus, we made no changes to our analysis or
to the estimated weighted-average dumping margins for the final
determination. For a full description of the methodology underlying
Commerce's final determination, see the Preliminary Determination PDM.
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\3\ See Preliminary Determination PDM at 3-7.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.\4\ When there is no individually calculated estimated weighted-
average dumping margin that is not zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of the Act directs Commerce to
``use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated.'' \5\ In a
LTFV investigation, when the estimated-weighted-average dumping margin
for all individually investigated companies are determined entirely on
the basis of adverse facts available, Commerce's practice is to
calculate the all-others rate as a simple average of the dumping
margins alleged in the petition.\6\
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\4\ See section 735(c)(5)(A) of the Act.
\5\ See section 735(c)(5)(B) of the Act; see also Albemarle
Corp. v. United States, 821 F.3d 1345, 1352 (Fed. Cir. 2016)
(Albemarle) (``. . . when all individually examined respondents are
assigned de minimis margins, Commerce is expected to calculate the
separate rate by taking the average of those margins. Commerce may
use `other reasonable methods,' but only if Commerce reasonably
concludes that the expected method is `not feasible' or `would not
be reasonably reflective of potential dumping margins.' (internal
citations omitted)'').
\6\ See, e.g., Certain Preserved Mushrooms from Spain: Final
Determination of Sales at Less Than Fair Value, 88 FR 18120, (March
27, 2023) (``In cases where no weighted-average dumping margins
other than zero, de minimis, or those determined entirely under
section 776 of the Act have been established for individually
examined entities {. . .{time} Commerce typically calculates a
simple average of the margins alleged in the petition and applies
the result to all other entities not individually examined.'')
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In the Preliminary Determination, we assigned an estimated
weighted-average dumping margin of 127.32 percent to all other
producers and exporters, the sole dumping margin alleged in the
petition, pursuant to section 735(c)(5)(B) of the Act.\7\ As noted
above, we received no comments in opposition to the all-others rate
established in our Preliminary Determination, which is derived from the
only reliable information available from which to establish an all-
others rate in the absence of an individually-calculated dumping margin
that is not zero, de minimis, or based entirely on facts available nor
information which allows for weight-averaging of more than one margin;
thus, use of the simple-average of the sole dumping margin alleged in
the petition conforms to the ``any reasonable method'' standard.
Therefore, we continue to assign an estimated weighted-average dumping
margin of 127.32 percent to all other producers and exporters for this
final determination.
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\7\ See Preliminary Determination, 90 FR at 59504.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, April 1, 2024, through March 31,
2025:
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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 based on facts available with adverse inferences.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
its 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). However, because Commerce applied AFA to the
mandatory respondent in this investigation in accordance with section
776 of the Act, and the applied AFA rate is based solely on information
included in the Petition,\8\ there are no calculations to disclose.
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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.
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Continuation of Suspension of Liquidation and Cash Deposit Requirements
In accordance with section 735(c)(1)(B) and (e)(2)(A) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation of entries of subject merchandise, as
described in the appendix to this notice, entered, or withdrawn from
warehouse, for consumption on or after December 19, 2025, the date of
publication of the Preliminary Determination in the Federal Register.
Further, pursuant to section 735(c)(1)(B) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for such
entries of merchandise, as follows: (1) the cash deposit rate for the
respondents listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
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.
To determine the cash deposit rates in a LTFV investigation,
Commerce normally adjusts the estimated weighted-average dumping
margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation. Accordingly, where
Commerce has made an affirmative determination of countervailable
export subsides, Commerce offsets the estimated weighted average
dumping margins in the companion LTFV investigation by the appropriate
export subsidy rate. Here, Commerce normally would have adjusted the
estimated weighted-average dumping margins that are listed in the table
above by the appropriate export subsidy rate determined in the
companion CVD investigation to
[[Page 11037]]
determine the cash deposit rate. However, in the companion CVD
investigation, there were no countervailable export subsidies found.\9\
Accordingly, we are making no offsets to the estimated weighted-average
dumping margins.
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\9\ See Steel Concrete Reinforcing Bar from Algeria: Preliminary
Affirmative Countervailing Duty Determination, 91 FR 1261 (January
13, 2026).
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These suspension of liquidation instructions will remain in effect
until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination in this investigation is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured or threatened with material injury by
reason of imports of rebar from Algeria no later than 45 days after our
final determination. If the ITC determines that such injury does not
exist, this proceeding will be terminated, and all cash deposits posted
will be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered or withdrawn from warehouse for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: March 2, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
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 is dispositive.
[FR Doc. 2026-04403 Filed 3-5-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 6, 2026.
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