Notice2026-04948
Steel Concrete Reinforcing Bar From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
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 13, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that steel concrete reinforcing bar (rebar) from the Socialist Republic of Vietnam (Vietnam) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 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 91 Issue 49 (Friday, March 13, 2026)</title>
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[Federal Register Volume 91, Number 49 (Friday, March 13, 2026)]
[Notices]
[Pages 12359-12361]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04948]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-853]
Steel Concrete Reinforcing Bar From the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination and Extension of
Provisional Measures
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 the
Socialist Republic of Vietnam (Vietnam) is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2024, through March 31, 2025.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable March 13, 2026.
FOR FURTHER INFORMATION CONTACT: Kate Fracke, 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) 482-3299.
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\
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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).
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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\ On January 8, 2026, Commerce postponed the
preliminary determination of this investigation and the revised
deadline is now March 9, 2026.\4\
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\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.
\4\ See Steel Concrete Reinforcing Bar from Bulgaria, Egypt, and
the Socialist Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 91 FR 696
(January 8, 2026).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ 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 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Steel
Concrete Reinforcing Bar from the Socialist Republic of Vietnam,''
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 Vietnam.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not preliminarily modifying
the scope language as it appeared in the Initiation Notice. See the
scope in Appendix I to this notice.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because Vietnam is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the
Act, Commerce preliminarily has relied upon facts otherwise available,
with adverse inferences, for the Vietnam-
[[Page 12360]]
wide entity. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 90 FR at 27850.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Weighted-average
Producer Exporter dumping margin
(percent)
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Hoa Phat Dung Quat Steel Hoa Phat Dung Quat 121.97
Joint Stock Company; Hoa Steel Joint Stock
Phat Hai Duong Steel Joint Company; Hoa Phat
Stock Company; Hoa Phat Hung Hai Duong Steel
Yen Steel Limited Liability Joint Stock Company.
Company; and Hoa Phat
Prestressed Concrete Company
Limited \10\.
Vietnam-Wide Entity.......... ..................... 130.77 *
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* Rate 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 subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. 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 weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) for
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Vietnam producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the Vietnam-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Vietnam producer/exporter combination (or the Vietnam-wide
entity) that supplied that third-country exporter.
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\10\ Commerce preliminarily determines that Hoa Phat Dung Quat
Steel Joint Stock Company, Hoa Phat Hai Duong Steel Joint Stock
Company, Hoa Phat Hung Yen Steel Limited Liability Company, and Hoa
Phat Prestressed Concrete Company Limited (collectively, Hoa Phat
Steel) are a single entity. See Preliminary Decision Memorandum.
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Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. However, in the companion CVD investigation
of rebar from Vietnam, Commerce preliminarily found no export
subsidies; accordingly, we did not make an export subsidy offset to the
estimated weighted-average dumping margins in this preliminary
determination.\11\ These suspension of liquidating instructions will
remain in effect until further notice.
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\11\ See Steel Concrete Reinforcing Bar from the Socialist
Republic of Vietnam: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination with Final
Antidumping Duty Determination, 91 FR 1265 (January 13, 2026), and
accompanying Preliminary Decision Memorandum.
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary 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).
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
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued in this
investigation. 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.\12\ 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.\13\
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\12\ 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).
\13\ 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.\14\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We
[[Page 12361]]
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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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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:
(1) the party's name, address, and telephone number; (2) the number of
participants, and whether any participant is a foreign national; and
(3) 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.
All briefs and hearing requests must be filed electronically using
ACCESS.\16\ 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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\16\ See 19 CFR 351.303.
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On March 3, 2026, pursuant to 19 CFR 351.210(e), Hoa Phat Steel
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\17\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\17 \ See Hoa Phat Steel's Letter, ``Request to Extend Final
Determination,'' dated March 3, 2026.
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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 of sales at LTFV. 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 imports of the subject merchandise 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: March 9, 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 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 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 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 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Adjustment to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2026-04948 Filed 3-12-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 13, 2026.
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