Federal Register, Volume 85 Issue 12 (Friday, January 17, 2020)

[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3030-3032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00743]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]

Steel Concrete Reinforcing Bar From the Republic of Turkey:
Preliminary Results of Countervailing Duty Administrative Review and
Intent To Rescind the Review in Part; 2017

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminary determines
that producers/exporters of steel concrete reinforcing bar (rebar) from
the Republic of Turkey (Turkey) received net countervailable subsidies
during the period of review (POR) January 1 through December 31, 2017.
Commerce preliminarily determines that the mandatory respondents, Icdas
Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), and Kaptan Demir
Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret Ve
Nakliyat A.S. (collectively, Kaptan), each received de minimis net
countervailable subsidies during the POR. This review also includes 15
companies not individually examined, which Commerce preliminarily
determines received net countervailable subsidies. Interested parties
are invited to comment on these preliminary results.

DATES: Applicable January 17, 2020.

FOR FURTHER INFORMATION CONTACT: Nancy Decker, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0196.

SUPPLEMENTARY INFORMATION:

Background

On February 6, 2019, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on rebar from
Turkey.\1\ On July 25, 2019, Commerce extended the deadline for the
preliminary results to January 9, 2020.\2\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\ A list of topics discussed in the
Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov, and
to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159, 2168 (February 6, 2019). A
clarification regarding the initiation was also published. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 84 FR 9297, 9307 n.11 (March 14, 2019).
\2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the
Republic of Turkey: Extension of Deadline for Preliminary Results in
2017 Countervailing Duty Administrative Review,'' dated July 25,
2019.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review of and the
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing
Bar from the Republic of Turkey; 2017,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------

Scope of the Order ⁴

The merchandise covered by the Order is steel concrete reinforcing
bar (rebar) imported in either straight length or coil form regardless
of metallurgy, length, diameter, or grade. For a complete description
of the scope, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

\4\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014)
(Order).
---------------------------------------------------------------------------

Methodology

Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, we preliminarily
find that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\5\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Intent To Rescind Administrative Review, in Part

Agir Haddecilik A.S. (Agir), Asil Celik Sanayi ve Ticaret A.S.
(Asil), Ege Celik Endustrisi Sanayi ve Ticaret A.S. (Ege), Ekinciler
Demir ve Celik Sanayi Anonim Sirketi (Ekinciler), and Kocaer Haddecilik
Sanayi ve Ticar (Kocaer) timely filed no-shipments certifications.\6\
U.S. Customs and Border Protection (CBP) did not provide Commerce with
any contrary information. Because there is no evidence on the record to
indicate that

[[Page 3031]]

Agir, Asil, Ege, Ekinciler, or Kocaer had entries, exports, or sales of
subject merchandise to the United States during the POR, pursuant to 19
CFR 351.213(d)(3), we intend to rescind the review with respect to
these companies.
---------------------------------------------------------------------------

\6\ See Agir's letter, ``Steel Concrete Reinforcing Bar from
Turkey (C-489-819): Countervailing Duty Administrative Review (1/1/
17-12/31/17),'' dated February 22, 2019; Asil's letter, ``Steel
Concrete Reinforcing Bar from Turkey (C-489-819): Countervailing
Duty Administrative Review (1/1/17-12/31/17),'' dated February 22,
2019; Ege's letter, ``Steel Concrete Reinforcing Bar from Turkey (C-
489-819), Countervailing Duty Administrative Review (1/1/17-12/31/
17), Certification Of No Sales,'' dated March 5 2019; Ekinciler's
letter, ``Steel Concrete Reinforcing Bar from Turkey (C-489-819):
Countervailing Duty Administrative Review (1/1/17-12/31/17),'' dated
February 21, 2019; and Kocaer's letter, ``2017 Countervailing Duty
Administrative Review Involving Steel Concrete Reinforcing Bar from
the Republic of Turkey: Notice of No Sales,'' dated February 21,
2019.
---------------------------------------------------------------------------

Entries of merchandise produced and exported by Habas Sinai ve
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to
countervailing duties under this Order because Commerce's final
determination with respect to this producer/exporter combination was
negative.\7\ However, any entries of merchandise produced by any other
entity and exported by Habas or produced by Habas and exported by
another entity are subject to this Order.
---------------------------------------------------------------------------

\7\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, 79 FR 54963,
54964 (September 15, 2014).
---------------------------------------------------------------------------

Because there is no evidence on the record of entries of
merchandise produced by another entity and exported by Habas, or
entries of merchandise produced by Habas and exported by another
entity, we preliminarily determine that Habas is not subject to this
administrative review. Therefore, pursuant to 19 CFR 351.213(d)(3), we
intend to rescind the review with respect to Habas.
A final decision on whether to rescind the review of Agir, Asil,
Ege, Ekinciler, or Kocaer, and Habas will be made in the final results
of this administrative review.

Companies Not Selected for Individual Review

To determine the rate for companies not selected for individual
examination, Commerce's practice is to weight average the net subsidy
rates for the selected mandatory companies, excluding rates that are
zero, de minimis, or based entirely on facts available.\8\ In this
review, we preliminarily calculated de minimis subsidy rates for each
of the mandatory respondents (i.e., Icdas and Kaptan) during the POR.
In countervailing duty proceedings, where the number of respondents
being individually examined has been limited, Commerce has determined
that a ``reasonable method'' to use to determine the rate applicable to
companies that were not individually examined when all the rates of
selected mandatory respondents are zero or de minimis is to assign to
the non-selected respondents the average of the most recently
determined rates that are not zero, de minimis, or based entirely on
facts available.\9\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\10\
---------------------------------------------------------------------------

\8\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\9\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum at ``Non-Selected
Rate.''
\10\ Id.
---------------------------------------------------------------------------

In the most recently completed administrative review of this order,
we calculated a net subsidy rate of 1.82 percent ad valorem for
Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.\11\ Therefore,
consistent with Commerce's practice, described above, we are assigning
the rate of 1.82 percent ad valorem to Colakoglu Dis Ticaret A.S. and
Colakoglu Metalurji A.S., based on the companies' rate calculated in
the prior review.
---------------------------------------------------------------------------

\11\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2016, 84 FR 36051, 36052 (July 26, 2019).
---------------------------------------------------------------------------

With regard to the 13 remaining non-selected companies, for which
an individual rate was not calculated, we are assigning the rate of
2.29 percent ad valorem, which is the average of the above de minimis
rates calculated in the last review.\12\
---------------------------------------------------------------------------

\12\ Id. The average of the two calculated rates that were above
de minimis equals 2.29 percent.
---------------------------------------------------------------------------

Preliminary Results of the Review

We preliminarily find that the net countervailable subsidy rates
for the period January 1, 2017 through December 31, 2017, are as
follows:
---------------------------------------------------------------------------

\13\ Commerce preliminarily finds the following companies to be
cross-owned with Icdas: Mardas Marmara Deniz Isletmeciligi A.S.,
Oraysan Insaat Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve
Sanayi A.S., Art[inodot]m Demir In[scedil]aat Turizm Sanayi Ticaret
Ltd. Sti., Anka Entansif Hayvanc[inodot]l[inodot]k G[inodot]da
Tar[inodot]m Sanayi ve Ticaret A.S., and Eras
Ta[scedil][inodot]mac[inodot]l[inodot]k Taahhut Insaat ve Ticaret
A.S.
\14\ Commerce preliminarily finds the following companies to be
cross-owned with Kaptan: Kaptan Is Makinalari Hurda Alim Satim Ltd.
Sti, and Efesan Demir San. Ve Tic. A.S.

------------------------------------------------------------------------
Subsidy rate
Company ad valorem
(percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its * 0.41
cross-owned affiliates \13\............................
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan * 0.19
Metal Dis Ticaret ve Nakliyat A.S. and their cross-
owned affiliates \14\..................................
Acemar International Limited............................ 2.29
A G Royce Metal Marketing............................... 2.29
As Gaz Sinai ve Tibbi Gazlar A.S........................ 2.29
Bastug Metalurji Sanayi AS.............................. 2.29
Colakoglu Dis Ticaret A.S............................... 1.82
Colakoglu Metalurji A.S................................. 1.82
Demirsan Haddecilik Sanayi Ve Ticaret AS................ 2.29
Diler Dis Ticaret AS.................................... 2.29
Duferco Investment Services SA.......................... 2.29
Duferco Celik Ticaret Limited........................... 2.29
Izmir Demir Celik Sanayi A.S............................ 2.29
Mettech Metalurji Madencilik Muhendislik Uretim 2.29
Danismanlik ve Ticaret Limited Sirketi.................
MMZ Onur Boru Profil A.S................................ 2.29
Ozkan Demir Celik Sanayi A.S............................ 2.29
Wilmar Europe Trading BV................................ 2.29
------------------------------------------------------------------------
* (de minimis).

[[Page 3032]]

Assessment Rates

Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.

Cash Deposit Requirements

Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above, except, where the rate calculated in the final results is de
minimis, no cash deposit will be required on shipments of the subject
merchandise entered or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, we will instruct CBP to collect cash deposits
at the most recent company-specific or all-others rate applicable to
the company, as appropriate. These cash deposit requirements, when
imposed, shall remain in effect until further notice.

Disclosure and Public Comment

We will disclose to the parties in this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of this notice.\15\ Interested parties may submit
written arguments (case briefs) on the preliminary results within 30
days of publication of the preliminary results, and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\17\
---------------------------------------------------------------------------

\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\17\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request within 30 days after
the date of publication of this notice.\18\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If Commerce
receives a request for a hearing, we will inform parties of the
scheduled date for the hearing, which will be held at the main Commerce
building at a time and location to be determined.\19\ Parties should
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------

\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
---------------------------------------------------------------------------

Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by parties in their comments, within 120 days after
publication of these preliminary results.

Notification to Interested Parties

These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).

Dated: January 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent To Rescind the 2017 Administrative Review, in Part
IV. New Subsidy Allegation
V. Non-Selected Rate
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2020-00743 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P