89 FR 240 pgs. 100957-100959 - Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
Type: NOTICEVolume: 89Number: 240Pages: 100957 - 100959
Pages: 100957, 100958, 100959Docket number: [C-489-819]
FR document: [FR Doc. 2024-29428 Filed 12-12-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Türkiye: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of Türkiye (Türkiye) during the period of review (POR) January 1, 2022, through December 31, 2022. Additionally, Commerce is rescinding this review with respect to six companies. Interested parties are invited to comment on these preliminary results.
DATES:
Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Ajay Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published in the Federal Register the countervailing duty (CVD) order on rebar from Türkiye. 1 On November 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order for the POR. 2 On December 29, 2023, Commerce published the notice of the initiation of this administrative review in the Federal Register . 3 On July 11, 2024, Commerce extended the time period for issuing these preliminary results by 117 days, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). 4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 5 On November 22, 2024, Commerce extended the time period for issuing these preliminary results by an additional three days. 6 The deadline for these preliminary results is now December 6, 2024.
Footnotes:
1 ? See Steel Concrete Reinforcing Bar from the Republic of Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) ( Order ).
2 ? See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 75270 (November 2, 2023).
3 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168 (December 29, 2023).
4 ? See Memorandum, "Steel Concrete Reinforcing Bar from the Republic of Türkiye: Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review," dated July 11, 2024.
5 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
6 ? See Memorandum, "Steel Concrete Reinforcing Bar from Türkiye: Second Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review," dated November 22, 2024.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 7 A list of topics included in the Preliminary Decision Memorandum is provided in 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Footnotes:
7 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Steel Concrete Reinforcing Bar from the Republic of Türkiye; 2022," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The merchandise covered by the Order is rebar from Türkiye. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific. 8 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Footnotes:
8 ? 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.
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Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the subsidy rate to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 777A(e)(2) of the Act provides that "the individual countervailable subsidy rates determined under subparagraph (A) shall be used to determine the all-others rate under section 705(c)(5) {of the Act}." Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based solely on the facts available.
In this administrative review, Commerce preliminarily calculated a de minimis rate for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the preliminary rate calculated for Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan). Consequently, for these preliminary results, we are assigning Colakoglu Metalurji A.S. the rate calculated for Kaptan.
Rescission of Administrative Review, in Part
Commerce's practice is to rescind an administrative review of a CVD order, pursuant to 19 CFR 351.213(d)(1), when the interested party that requested a review withdraws the request within 90 days of publication of the notice of initiation of the requested review. Commerce received timely-filed withdrawal requests with respect to six companies, pursuant to 19 CFR 351.213(d)(1): (1) Ans Kargo Lojistik Tas ve Tic Baykan Dis Ticaret; (2) Baykan Dis Ticaret; (3) Kibar dis Ticaret A.S.; (4) Meral Makina Iml Ith Ihr Gida; (5) Sami Soybas Demir Sanayi ve Ticaret; and (6) Yucel Boru Ihracat Ithalat ve Pazarlama. 9 Because the withdrawal requests were timely filed, and no other party requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review with respect to these six companies.
Footnotes:
9 ? See Petitioner's Letter, "Partial Withdrawal of Request for Administrative Review," dated January 22, 2024.
Preliminary Results of Review
As a result of this review, we preliminarily determine the following net countervailable subsidy rates for the period January 1, 2022, through December 31, 2022:
| Company | Subsidy rate (percent ad valorem) |
|---|---|
| Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S | 0.14 ( de minimis ). |
| Kaptan Demir Celik Endustrisi ve Ticaret A.S | 2.54. |
| Colakoglu Metalurji A.S | 2.54. |
Disclosure and Public Comment
Commerce intends to disclose its calculations performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice. 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. 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. 10 All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.
Footnotes:
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 Procedures ).
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 11 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public 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). 12
Footnotes:
11 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
12 ? See APO and Service Procedures.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5:00 p.m. Eastern Time 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; (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date for the hearing. 13
Footnotes:
13 ? See 19 CFR 351.310(d).
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review.
For the companies for which Commerce is rescinding this review, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2022, through December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment instructions to CBP regarding these companies no earlier than 35 days after the date of publication of this notice in the Federal Register .
[top] For the companies listed in the table above, Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above with regard to shipments of 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, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Final Results of Administrative Review
Unless otherwise 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 its analysis of the issues raised by parties in their comments, within 120 days after the date of publication of these preliminary results in the Federal Register .
Notification to Interested Parties
We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Türkiye's Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024-29428 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P