81_FR_71898 81 FR 71697 - Steel Concrete Reinforcing Bar From Japan, Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations

81 FR 71697 - Steel Concrete Reinforcing Bar From Japan, Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71697-71702
FR Document2016-25171

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71697-71702]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25171]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-876, A-583-859, A-489-829]


Steel Concrete Reinforcing Bar From Japan, Taiwan and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations

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

DATES: Effective October 11, 2016.

FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482-0176 (Japan); 
Jun Jack Zhao at (202) 482-1396 (Taiwan); and Myrna Lobo at (202) 482-
2371 (Republic of Turkey), AD/CVD Operations, Enforcement and 
Compliance, U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On September 20, 2016, the Department of Commerce (the Department) 
received antidumping duty (AD) petitions concerning imports of steel 
concrete reinforcing bar (rebar) from Japan, Taiwan, and the Republic 
of Turkey (Turkey), filed in proper form on behalf of the Rebar Trade 
Action Coalition and its individual members (Petitioners).\1\ The 
Petitions were accompanied by a countervailing duty (CVD) petition on 
rebar from Turkey.\2\ Petitioners are domestic producers of rebar.\3\
---------------------------------------------------------------------------

    \1\ See Petition for the Imposition of Antidumping and 
Countervailing Duties: Steel Concrete Reinforcing Bar from Japan, 
Taiwan, and the Republic of Turkey, dated September 20, 2016 (the 
Petitions). The individual members of the Rebar Trade Action 
Coalition are Bayou Steel Group, Byer Steel Group, Inc., Commercial 
Metals Company, Gerdau Ameristeel U.S. Inc., Nucor Corporation, and 
Steel Dynamics, Inc.
    \2\ Id.
    \3\ See Volume I of the Petitions, at 2 and Exhibits I-1.
---------------------------------------------------------------------------

    On September 23 and 30, 2016, the Department requested additional 
information and clarification of certain areas of the Petitions.\4\ 
Petitioners filed

[[Page 71698]]

responses to these requests on September 28, October 4, and October 5, 
2016, respectively.\5\
---------------------------------------------------------------------------

    \4\ See Letter from the Department to Petitioners entitled 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Steel Concrete Reinforcing Bar from Japan, Taiwan, and the Republic 
of Turkey and Countervailing Duties on Imports of Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Supplemental 
Questions,'' dated September 23, 2016 (General Issues Supplemental 
Questionnaire); see also Letter from the Department to Petitioners 
entitled ``Petition for the Imposition of Antidumping Duties on 
Imports of Steel Concrete Reinforcing Bar from Japan: Supplemental 
Questions,'' dated September 23, 2016 (Japan Supplemental 
Questionnaire); see also Letter from the Department to Petitioners 
entitled ``Petition for the Imposition of Antidumping Duties on 
Imports of Steel Concrete Reinforcing Bar from Taiwan: Supplemental 
Questions,'' dated September 23, 2016 (Taiwan Supplemental 
Questionnaire); see also Letter from the Department to Petitioners 
entitled ``Petition for the Imposition of Antidumping Duties on 
Imports of Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Supplemental Questions,'' dated September 23, 2016 (Turkey 
Supplemental Questionnaire); see also Memorandum to the File from 
Vicki Flynn, Senior Policy Analyst, Office of Policy, Re: 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Steel Concrete Reinforcing Bar from the 
Republic of Turkey and Antidumping Duties on Imports from Japan and 
Taiwan, Subject: Telephone Conversation with Petitioners' Counsel,'' 
dated September 30, 2016 (Memorandum on Telephone Conversation with 
Petitioners' Counsel re: Scope and Other Issues).
    \5\ See Letter from Petitioners to the Department entitled ``Re: 
Supplement to the Petition for the Imposition of Antidumping and 
Countervailing Duties on Steel Concrete Reinforcing Bar from Japan, 
Taiwan, and the Republic of Turkey: Response to the Department's 
Supplemental Questions,'' dated September 28, 2016 (General Issues 
Supplement); see also Letter from Petitioners to the Department 
entitled ``Re: Supplement to the Petition for the Imposition of 
Antidumping and Countervailing Duties on Steel Concrete Reinforcing 
Bar from Japan: Response to the Department's Supplemental 
Questions,'' dated September 28, 2016 (Japan Supplement); see also 
Letter from Petitioners to the Department entitled ``Re: Supplement 
to the Petition for the Imposition of Antidumping and Countervailing 
Duties on Steel Concrete Reinforcing Bar from Taiwan: Response to 
the Department's Supplemental Questions,'' dated September 28, 2016 
(Taiwan Supplement); see also Letter from Petitioners to the 
Department entitled ``Re: Supplement to the Petition for the 
Imposition of Antidumping and Countervailing Duties on Steel 
Concrete Reinforcing Bar from the Republic of Turkey: Response to 
the Department's Supplemental Questions,'' dated September 28, 2016 
(Turkey Supplement); see also Letter from Petitioners to the 
Department entitled ``Re: Supplement to the Petition for the 
Imposition of Antidumping and Countervailing Duties on Steel 
Concrete Reinforcing Bar from Japan, Taiwan, and the Republic of 
Turkey: Response to the Department's Supplemental Questions,'' dated 
October 4, 2016 (Second General Issues Supplement); see also Letter 
from Petitioners to the Department entitled ``Steel Concrete 
Reinforcing Bar from Japan, Taiwan, and the Republic of Turkey: 
Revised Scope, Amendment to Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated October 5, 2016 
(Third General Issues Supplement).
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), Petitioners allege that imports of rebar from Japan, 
Taiwan, and Turkey are being, or are likely to be, sold in the United 
States at less-than-fair value within the meaning of section 731 of the 
Act, and that such imports are materially injuring, or threatening 
material injury to, an industry in the United States. Also, consistent 
with section 732(b)(1) of the Act, Petitioners state that the Petitions 
are accompanied by information reasonably available to Petitioners 
supporting their allegations.
    The Department finds that Petitioners filed these Petitions on 
behalf of the domestic industry because Petitioners are interested 
parties as defined in sections 771(9)(C) and (E) of the Act. The 
Department also finds that Petitioners demonstrated sufficient industry 
support with respect to the initiation of the AD investigations that 
Petitioners are requesting.\6\
---------------------------------------------------------------------------

    \6\ See the ``Determination of Industry Support for the 
Petitions'' section below.
---------------------------------------------------------------------------

Period of Investigation

    Because the Petitions were filed on September 20, 2016, the period 
of investigation (POI) for each investigation is, pursuant to 19 CFR 
351.204(b)(1), July 1, 2015, through June 30, 2016.

Scope of the Investigations

    The product covered by these investigations is rebar from Japan, 
Taiwan, and Turkey. For a full description of the scope of these 
investigations, see the ``Scope of the Investigations,'' at Appendix I 
of this notice. Note that one paragraph in the description of the scope 
of these investigations in Appendix I applies by its express terms 
solely to the merchandise covered by the concurrent countervailing duty 
investigation of rebar from Turkey and does not apply to these less-
than-fair-value investigations.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to, and received responses from, Petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petitions would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\7\
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental Questionnaire and General 
Issues Supplement; see also Memorandum on Telephone Conversation 
with Petitioners' Counsel re: Scope and Other Issues and Third 
General Issues Supplement.
---------------------------------------------------------------------------

    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The Department will consider all 
comments received from parties and, if necessary, will consult with 
parties prior to the issuance of the preliminary determinations. If 
scope comments include factual information (see 19 CFR 351.102(b)(21)), 
all such factual information should be limited to public information. 
In order to facilitate preparation of its questionnaires, the 
Department requests all interested parties to submit such comments by 
5:00 p.m. Eastern Daylight Time (EDT) on October 31, 2016, which is 20 
calendar days from the signature date of this notice. Any rebuttal 
comments, which may include factual information (also should be limited 
to public information), must be filed by 5:00 p.m. EST (Eastern 
Standard Time) on November 10, 2016, which is 10 calendar days after 
the initial comments. All such comments must be filed on the records of 
each of the concurrent AD and CVD investigations.
    The Department requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted 
during this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact the Department 
and request permission to submit the additional information. As stated 
above, all such comments must be filed on the records of each of the 
concurrent AD and CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\8\ An electronically 
filed document must be received successfully in its entirety by the 
time and date when it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on help using ACCESS can be found at 
https://access.trade.gov/help.aspx and a handbook can be found at 
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics for AD Questionnaires

    The Department will be giving interested parties an opportunity to 
provide comments on the appropriate physical characteristics of rebar 
to be reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the merchandise under consideration in order to report the relevant 
costs of

[[Page 71699]]

production accurately as well as to develop appropriate product-
comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe rebar, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. EDT on October 31, 
2016, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. EST on November 10, 
2016. All comments and submissions to the Department must be filed 
electronically using ACCESS, as explained above, on the records of each 
of the concurrent AD investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\9\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\10\
---------------------------------------------------------------------------

    \9\ See section 771(10) of the Act.
    \10\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, Petitioners do not offer 
a definition of the domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that rebar, as defined in the scope, 
constitutes a single domestic like product and we have analyzed 
industry support in terms of that domestic like product.\11\
---------------------------------------------------------------------------

    \11\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Steel Concrete Reinforcing Bar from Japan (Japan AD Initiation 
Checklist), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Steel 
Concrete Reinforcing Bar from Japan, Taiwan, and the Republic of 
Turkey (Attachment II); Antidumping Duty Investigation Initiation 
Checklist: Steel Concrete Reinforcing Bar from Taiwan (Taiwan AD 
Initiation Checklist), at Attachment II; and Antidumping Duty 
Investigation Initiation Checklist: Steel Concrete Reinforcing Bar 
from the Republic of Turkey (Turkey AD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
---------------------------------------------------------------------------

    In determining whether Petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, Petitioners provided their 
2015 shipments of the domestic like product, and compared their 
shipments to estimated total shipments of the domestic like product for 
the entire domestic industry.\12\ Because production data for the U.S. 
rebar industry for 2015 is not reasonably available to Petitioners and 
Petitioners have established that shipments are a reasonable proxy for 
production data,\13\ we have relied upon the shipment data provided by 
Petitioners for purposes of measuring industry support.
---------------------------------------------------------------------------

    \12\ See Volume I of the Petitions, at 3 and Exhibits I-4 and I-
31; see also General Issues Supplement, at 3-6 and Exhibits I-Supp-4 
and I-Supp-7.
    \13\ See General Issues Supplement, at 5 and Exhibits I-Supp-4 
and I-Supp-5.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioners have established industry support.\14\ 
First, the Petitions established support from domestic producers and 
workers accounting for more than 50 percent of the total shipments \15\ 
of the domestic like product and, as such, the Department is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\16\ Second, the domestic producers and workers have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers and workers 
who support the Petitions account for at least 25 percent of the total 
shipments of the domestic like

[[Page 71700]]

product.\17\ Finally, the domestic producers and workers have met the 
statutory criteria for industry support under section 732(c)(4)(A)(ii) 
of the Act because the domestic producers and workers who support the 
Petitions account for more than 50 percent of the shipments of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petitions.\18\ 
Accordingly, the Department determines that the Petitions were filed on 
behalf of the domestic industry within the meaning of section 732(b)(1) 
of the Act.
---------------------------------------------------------------------------

    \14\ See Japan AD Initiation Checklist, Taiwan AD Initiation 
Checklist, and Turkey AD Initiation Checklist, at Attachment II.
    \15\ As discussed above, Petitioners established that shipments 
are a reasonable proxy for production data. Section 351.203(e)(1) of 
the Department's regulations states ``production levels may be 
established by reference to alternative data that the Secretary 
determines to be indicative of production levels.''
    \16\ See section 732(c)(4)(D) of the Act; see also Japan AD 
Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD 
Initiation Checklist, at Attachment II.
    \17\ See Japan AD Initiation Checklist, Taiwan AD Initiation 
Checklist, and Turkey AD Initiation Checklist, at Attachment II.
    \18\ Id.
---------------------------------------------------------------------------

    The Department finds that Petitioners filed the Petitions on behalf 
of the domestic industry because they are interested parties as defined 
in sections 771(9)(C) and (E) of the Act and they have demonstrated 
sufficient industry support with respect to the AD investigations that 
they are requesting the Department initiate.\19\
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    Petitioners allege that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than normal value (NV). In addition, Petitioners allege 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\20\
---------------------------------------------------------------------------

    \20\ See General Issues Supplement, at 6-7 and Exhibit I-Supp-8; 
see also Volume I of the Petitions, at Exhibit I-23.
---------------------------------------------------------------------------

    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; declines in production, 
capacity utilization, and U.S. shipments; negative impact on employment 
variables; and decline in financial performance.\21\ We have assessed 
the allegations and supporting evidence regarding material injury, 
threat of material injury, and causation, and we have determined that 
these allegations are properly supported by adequate evidence, and meet 
the statutory requirements for initiation.\22\
---------------------------------------------------------------------------

    \21\ See Volume I of the Petitions, at 14, 18-48 and Exhibits I-
5, I-8, I-20, and I-23 through I-59; see also General Issues 
Supplement, at 6-8 and Exhibits I-Supp-7 through I-Supp-10.
    \22\ See Japan AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Steel Concrete Reinforcing Bar from Japan, Taiwan, and the 
Republic of Turkey (Attachment III); see also Taiwan AD Initiation 
Checklist, at Attachment III; and Turkey AD Initiation Checklist, at 
Attachment III.
---------------------------------------------------------------------------

Allegations of Sales at Less-Than-Fair Value

    The following is a description of the allegations of sales at less-
than-fair value upon which the Department based its decision to 
initiate investigations of imports of rebar from Japan, Taiwan, and 
Turkey. The sources of data for the deductions and adjustments relating 
to U.S. price and NV are discussed in greater detail in the country-
specific initiation checklists.

Export Price

    For Japan, Petitioners based export price (EP) on quoted sales 
offers or transactions to customers in the United States for rebar 
produced in, and exported from, Japan.\23\ Where applicable, 
Petitioners made deductions from U.S. price for movement expenses 
consistent with the delivery terms.\24\ Petitioners also deducted from 
U.S. price brokerage and handling expenses.\25\
---------------------------------------------------------------------------

    \23\ See Japan AD Initiation Checklist; see also Volume II of 
the Petitions, at 2-3 and Exhibit AD-JP-2.
    \24\ See Japan AD Initation Checklist; see also Volume II of the 
Petitions, at 2-7 and Exhibit AD-JP-11; see also Japan Supplement, 
at Exhibit AD-JP-Supp-2.
    \25\ Id.
---------------------------------------------------------------------------

    For Taiwan, and Turkey, Petitioners based EP on transaction-
specific average unit values (AUVs) for shipments of rebar identified 
from each of these countries entered under the relevant Harmonized 
Tariff Schedule of the United States (HTSUS) subheading for one month 
during the POI into a specific port.\26\ Under this methodology,\27\ 
Petitioners linked data from an independent source to monthly U.S. 
port-specific import statistics (obtained from the ITC's Dataweb). 
Petitioners linked imports of rebar entered under the relevant HTSUS 
subheading to shipments from producers in the subject countries 
identified in the independent source data to ensure that the Dataweb 
statistics were only for subject merchandise.\28\ To calculate ex-
factory prices, Petitioners made adjustments for foreign inland freight 
and brokerage and handling expenses; Petitioners made no adjustments to 
EP for international freight and insurance expenses, consistent with 
the manner in which the data is reported in Dataweb.\29\
---------------------------------------------------------------------------

    \26\ See Taiwan AD Initiation Checklist, and Turkey AD 
Initiation Checklist.
    \27\ Id.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    For Japan, Taiwan, and Turkey, Petitioners were unable to obtain 
information regarding home market prices and, therefore, calculated NV 
based on constructed value (CV).\30\ Pursuant to section 773(e) of the 
Act, CV consists of the cost of manufacturing (COM), selling, general 
and administrative (SG&A) expenses, financial expenses, packing 
expenses, and profit. Petitioners calculated COM based on a U.S. 
producer of rebar (U.S. surrogate's) experience, adjusted for known 
differences between producing in the United States and producing in the 
respective country (i.e., Japan, Taiwan, or Turkey), during the 
proposed POI.\31\ Using publicly-available data to account for price 
differences, Petitioners multiplied the surrogate raw material and 
packing usage quantities by the submitted value of the inputs used to 
manufacture rebar in each country.\32\ For Japan, Taiwan, and Turkey, 
labor and energy rates were derived from publicly-available sources 
multiplied by the U.S. surrogate's product-specific usage 
quantities.\33\ For Japan, Taiwan, and Turkey, to determine the factory 
overhead, SG&A, and financial rates, Petitioners relied on the audited 
financial statements of companies that were producers of identical 
merchandise operating in the respective subject country.\34\ 
Petitioners also relied on the audited financial statements of the same 
producers that they used for calculating the factory overhead, SG&A, 
and financial expenses to calculate the profit rate.\35\
---------------------------------------------------------------------------

    \30\ See Japan AD Initiation Checklist, Taiwan AD Initiation 
Checklist, and Turkey AD Initiation Checklist. In accordance with 
section 505(a) of the Trade Preferences Extension Act of 2015, 
amending section 773(b)(2) of the Act, for all of the 
investigations, the Department will request information necessary to 
calculate the cost of production (COP) and CV to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product. The Department will no longer require a 
COP allegation to conduct this analysis.
    \31\ See Japan AD Initiation Checklist, Taiwan AD Initiation 
Checklist, and Turkey AD Initiation Checklist.
    \32\ Id.
    \33\ Id.
    \34\ Id.
    \35\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by Petitioners, there is reason to 
believe that imports of rebar from Japan, Taiwan, and Turkey, are 
being, or are likely to be, sold in the United States at less-than-fair 
value. Based on comparisons of EP to NV in accordance

[[Page 71701]]

with sections 773(a) and (e) of the Act, the estimated dumping 
margin(s) for rebar are as follows: (1) Japan, 204.91 to 209.46 
percent; \36\ (2) Taiwan, 84.66 percent; \37\ and (3) Turkey, 66.55 
percent.\38\
---------------------------------------------------------------------------

    \36\ See Japan Supplement, Exhibit AD-JP-Supp-3, and Japan AD 
Initiation Checklist.
    \37\ See Taiwan Supplement, Exhibit AD-TW-Supp-6, and Taiwan AD 
Initiation Checklist.
    \38\ See Turkey Supplement, Exhibit AD-TR-Supp-6, and Turkey AD 
Initiation Checklist.
---------------------------------------------------------------------------

Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the AD Petitions on rebar from Japan, 
Taiwan, and Turkey, we find that the Petitions meet the requirements of 
section 732 of the Act. Therefore, we are initiating AD investigations 
to determine whether imports of rebar for Japan, Taiwan, and Turkey, 
are being, or are likely to be, sold in the United States at less-than-
fair value. In accordance with section 733(b)(1)(A) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\39\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\40\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to these AD investigations.\41\
---------------------------------------------------------------------------

    \39\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \40\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
    \41\ Id., at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------

Respondent Selection

    Based on information from an independent source and other open 
source research, Petitioners identified 20 companies in Japan, 8 
companies in Taiwan, and 35 companies in Turkey, as producers/exporters 
of rebar.\42\ Following standard practice in AD investigations 
involving market economy countries, in the event the Department 
determines that the number of companies is large and it cannot 
individually examine each company based upon the Department's 
resources, where appropriate, the Department intends to select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports under the appropriate HTSUS numbers listed with the 
``Scope of the Investigations,'' in Appendix I, below. We also intend 
to release the CBP data under Administrative Protective Order (APO) to 
all parties with access to information protected by APO on the record 
within five business days of publication of this Federal Register 
notice. Comments regarding the CBP data and respondent selection should 
be submitted seven calendar days after the placement of the CBP data on 
the record of each respective investigation. Parties wishing to submit 
rebuttal comments should submit those comments five calendar days after 
the deadline for the initial comments.
---------------------------------------------------------------------------

    \42\ See Volume I of the Petition, at 12-13 and Exhibit I-19.
---------------------------------------------------------------------------

    Comments for the above-referenced investigations must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5:00 p.m. ET by the dates noted above. We 
intend to finalize our decision regarding respondent selection within 
20 days of publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Japan, Taiwan, and Turkey via ACCESS. To 
the extent practicable, we will attempt to provide a copy of the public 
version of the Petitions to each exporter named in the Petitions, as 
provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of rebar from Japan, Taiwan, and/or Turkey are 
materially injuring or threatening material injury to a U.S. 
industry.\43\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country; 
\44\ otherwise, these investigations will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \43\ See section 733(a) of the Act.
    \44\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). Any party, when submitting 
factual information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in these investigations.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under Part 351, or as otherwise 
specified by the Secretary. In general, an extension request will be 
considered untimely if it is filed after the expiration of the time 
limit established under Part 351 expires. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits;

[[Page 71702]]

Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this segment.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\45\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of Petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\46\ The Department intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \45\ See section 782(b) of the Act.
    \46\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in these investigations 
should ensure that they meet the requirements of these procedures 
(e.g., the filing of letters of appearance as discussed in 19 CFR 
351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.203(c).

    Dated: October 11, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The merchandise subject to these investigations is steel 
concrete reinforcing bar imported in either straight length or coil 
form (rebar) regardless of metallurgy, length, diameter, or grade or 
lack thereof. Subject merchandise includes deformed steel wire with 
bar markings (e.g., mill mark, size, or grade) and which has been 
subjected to an elongation test.
    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 the investigations if performed in the country of 
manufacture of the rebar.
    Specifically excluded are plain rounds (i.e., nondeformed or 
smooth rebar). Also excluded from the scope is deformed steel wire 
meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, 
size, or grade) and without being subject to an elongation test.
    At the time of the filing of the petition, there was an existing 
countervailing duty order on steel reinforcing bar from the Republic 
of Turkey. Steel Concrete Reinforcing Bar From the Republic of 
Turkey, 79 FR 65,926 (Dep't Commerce Nov. 6, 2014) (2014 Turkey CVD 
Order). The scope of this countervailing duty investigation with 
regard to rebar from Turkey covers only rebar produced and/or 
exported by those companies that are excluded from the 2014 Turkey 
CVD Order. At the time of the issuance of the 2014 Turkey CVD Order, 
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only 
excluded Turkish rebar producer or exporter.
    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 
7215.90.1000, 7215.90.5000, 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.

[FR Doc. 2016-25171 Filed 10-17-16; 8:45 a.m.]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                                   71697

                                             management of the proposed project,                     day comment period, RUS will prepare                  DEPARTMENT OF COMMERCE
                                             which includes the following: A new                     a Record of Decision (ROD). Notices
                                             345-kV terminal within the existing                     announcing the availability of the Draft              International Trade Administration
                                             Hickory Creek Substation in Dubuque                     EIS, the Final EIS, and the ROD will be               [A–588–876, A–583–859, A–489–829]
                                             County, Iowa; a new intermediate 345/                   published in the Federal Register and in
                                             138-kV substation near the Village of                   local newspapers.                                     Steel Concrete Reinforcing Bar From
                                             Montfort in either Grant or Iowa County,                                                                      Japan, Taiwan and the Republic of
                                             Wisconsin; a new 345-kV terminal                          Any final action by RUS related to the
                                                                                                     proposed project will be subject to, and              Turkey: Initiation of Less-Than-Fair-
                                             within the existing Cardinal Substation                                                                       Value Investigations
                                             in the Town of Middleton in Dane                        contingent upon, compliance with all
                                             County, Wisconsin; a new 45- to 65-mile                 relevant federal, state, and local                    AGENCY:  Enforcement and Compliance,
                                             (depending on the final route) 345-kV                   environmental laws and regulations and                International Trade Administration,
                                             transmission line between the Hickory                   completion of the environmental review                Department of Commerce.
                                             Creek Substation and the intermediate                   requirements as prescribed in the RUS                 DATES: Effective October 11, 2016.
                                             substation; a new 45- to 60-mile                        Environmental Policies and Procedures
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             (depending on the final route) 345-kV                   (7 CFR part 1970).
                                                                                                                                                           Emily Halle at (202) 482–0176 (Japan);
                                             transmission line between the                             Dated: October 12, 2016.                            Jun Jack Zhao at (202) 482–1396
                                             intermediate substation and the existing
                                                                                                     Kellie Kubena,                                        (Taiwan); and Myrna Lobo at (202) 482–
                                             Cardinal Substation; a short, less than
                                                                                                     Director, Engineering and Environmental               2371 (Republic of Turkey), AD/CVD
                                             one-mile, 69-kV line in Iowa; facility
                                                                                                     Staff, Rural Utilities Service.                       Operations, Enforcement and
                                             reinforcement needed in Iowa and
                                                                                                     [FR Doc. 2016–25132 Filed 10–17–16; 8:45 am]          Compliance, U.S. Department of
                                             Wisconsin; construction and
                                                                                                                                                           Commerce, 14th Street and Constitution
                                             maintenance of access roads for all                     BILLING CODE P
                                                                                                                                                           Avenue NW., Washington, DC 20230.
                                             proposed transmission lines and rebuild
                                             of the Turkey River Substation in                                                                             SUPPLEMENTARY INFORMATION:
                                             Dubuque County, Iowa with two 161/69                                                                          The Petitions
                                             kV transformers, four 161-kV circuit                    DEPARTMENT OF COMMERCE
                                             breakers, and three 69-kV circuit                                                                                On September 20, 2016, the
                                             breakers.                                               Bureau of Industry and Security                       Department of Commerce (the
                                                Total length of the transmission lines                                                                     Department) received antidumping duty
                                             for the proposed project will be                        Discontinuance of Information                         (AD) petitions concerning imports of
                                             approximately 125 miles. The project                    Collection 0694–0009: Triangular                      steel concrete reinforcing bar (rebar)
                                             study area includes part or all of the                  Transactions ‘‘Stamp’’ Covered by a                   from Japan, Taiwan, and the Republic of
                                             following counties in Iowa: Clayton and                 U.S. Import Certificate                               Turkey (Turkey), filed in proper form on
                                             Dubuque. In Wisconsin, the project area                                                                       behalf of the Rebar Trade Action
                                             includes parts of the following counties:               AGENCY:  Bureau of Industry and                       Coalition and its individual members
                                             Dane, Grant, Iowa, and Lafayette.                       Security, Commere.                                    (Petitioners).1 The Petitions were
                                                Among the alternatives RUS will                                                                            accompanied by a countervailing duty
                                             address in the EIS is the No Action                     ACTION:   Notice.                                     (CVD) petition on rebar from Turkey.2
                                             alternative, under which the project                                                                          Petitioners are domestic producers of
                                             would not be undertaken. In the EIS, the                SUMMARY:    The Department of                         rebar.3
                                             effects of the proposed project will be                 Commerce, as part of its continuing                     On September 23 and 30, 2016, the
                                             compared to the existing conditions in                  effort to reduce paperwork and                        Department requested additional
                                             the area affected. Alternative                          respondent burden, has discontinued                   information and clarification of certain
                                             transmission line corridors and the                     Information Collection 0694–0009,                     areas of the Petitions.4 Petitioners filed
                                             intermediate substation location will be                ‘‘Triangular Transactions Covered by a
                                             refined as part of the EIS scoping                      U.S. Import Certificate.’’ Although this                1 See Petition for the Imposition of Antidumping

                                             process and will be addressed in the                                                                          and Countervailing Duties: Steel Concrete
                                                                                                     collection has been discontinued, the                 Reinforcing Bar from Japan, Taiwan, and the
                                             Draft EIS. RUS will carefully study                     Triangular Transactions ‘‘Stamp’’ is still            Republic of Turkey, dated September 20, 2016 (the
                                             public health and safety, environmental                 valid and has been added to collection                Petitions). The individual members of the Rebar
                                             impacts, and engineering aspects of the                 0694–0017 as a supplemental                           Trade Action Coalition are Bayou Steel Group, Byer
                                             proposed project and all related                                                                              Steel Group, Inc., Commercial Metals Company,
                                                                                                     document.                                             Gerdau Ameristeel U.S. Inc., Nucor Corporation,
                                             facilities.                                                                                                   and Steel Dynamics, Inc.
                                                The U.S. Army Corps of Engineers                     FOR FURTHER INFORMATION CONTACT:                        2 Id.
                                             (USACE) and the U.S. Fish and Wildlife                  Requests for additional information                     3 See Volume I of the Petitions, at 2 and Exhibits

                                             Service (USFWS) are participating in                    should be directed to Mark Crace, BIS                 I–1.
                                             the environmental review process as                     ICB Liaison, (202)482–8093 or
                                                                                                                                                             4 See Letter from the Department to Petitioners

                                             cooperating agencies, with RUS as the                                                                         entitled ‘‘Petitions for the Imposition of
                                                                                                     Mark.Crace@bis.doc.gov.                               Antidumping Duties on Imports of Steel Concrete
                                             lead Federal agency.                                                                                          Reinforcing Bar from Japan, Taiwan, and the
                                                RUS will use input provided by                       Sheleen Dumas,                                        Republic of Turkey and Countervailing Duties on
                                             government agencies, private                            Departmental PRA Lead, Office of the Chief            Imports of Steel Concrete Reinforcing Bar from the
                                             organizations, and the public in the                    Information Officer.                                  Republic of Turkey: Supplemental Questions,’’
                                                                                                                                                           dated September 23, 2016 (General Issues
Lhorne on DSK30JT082PROD with NOTICES




                                             preparation of the Draft EIS. The Draft                 [FR Doc. 2016–25125 Filed 10–17–16; 8:45 am]          Supplemental Questionnaire); see also Letter from
                                             EIS will be available for review and                    BILLING CODE 3510–33–P                                the Department to Petitioners entitled ‘‘Petition for
                                             comment for 45 days. A Final EIS that                                                                         the Imposition of Antidumping Duties on Imports
                                             considers all comments received will                                                                          of Steel Concrete Reinforcing Bar from Japan:
                                                                                                                                                           Supplemental Questions,’’ dated September 23,
                                             subsequently be prepared. The Final EIS                                                                       2016 (Japan Supplemental Questionnaire); see also
                                             will be available for review and                                                                              Letter from the Department to Petitioners entitled
                                             comment for 30 days. Following the 30-                                                                                                                    Continued




                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                             71698                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             responses to these requests on                             The Department finds that Petitioners              5:00 p.m. Eastern Daylight Time (EDT)
                                             September 28, October 4, and October 5,                 filed these Petitions on behalf of the                on October 31, 2016, which is 20
                                             2016, respectively.5                                    domestic industry because Petitioners                 calendar days from the signature date of
                                               In accordance with section 732(b) of                  are interested parties as defined in                  this notice. Any rebuttal comments,
                                             the Tariff Act of 1930, as amended (the                 sections 771(9)(C) and (E) of the Act.                which may include factual information
                                             Act), Petitioners allege that imports of                The Department also finds that                        (also should be limited to public
                                             rebar from Japan, Taiwan, and Turkey                    Petitioners demonstrated sufficient                   information), must be filed by 5:00 p.m.
                                             are being, or are likely to be, sold in the             industry support with respect to the                  EST (Eastern Standard Time) on
                                             United States at less-than-fair value                   initiation of the AD investigations that              November 10, 2016, which is 10
                                             within the meaning of section 731 of the                Petitioners are requesting.6                          calendar days after the initial
                                             Act, and that such imports are                                                                                comments. All such comments must be
                                                                                                     Period of Investigation                               filed on the records of each of the
                                             materially injuring, or threatening
                                             material injury to, an industry in the                    Because the Petitions were filed on                 concurrent AD and CVD investigations.
                                             United States. Also, consistent with                    September 20, 2016, the period of                        The Department requests that any
                                             section 732(b)(1) of the Act, Petitioners               investigation (POI) for each                          factual information the parties consider
                                             state that the Petitions are accompanied                investigation is, pursuant to 19 CFR                  relevant to the scope of the
                                             by information reasonably available to                  351.204(b)(1), July 1, 2015, through June             investigations be submitted during this
                                             Petitioners supporting their allegations.               30, 2016.                                             time period. However, if a party
                                                                                                                                                           subsequently finds that additional
                                                                                                     Scope of the Investigations                           factual information pertaining to the
                                             ‘‘Petition for the Imposition of Antidumping Duties
                                             on Imports of Steel Concrete Reinforcing Bar from          The product covered by these                       scope of the investigations may be
                                             Taiwan: Supplemental Questions,’’ dated                 investigations is rebar from Japan,                   relevant, the party may contact the
                                             September 23, 2016 (Taiwan Supplemental                 Taiwan, and Turkey. For a full                        Department and request permission to
                                             Questionnaire); see also Letter from the Department     description of the scope of these
                                             to Petitioners entitled ‘‘Petition for the Imposition
                                                                                                                                                           submit the additional information. As
                                             of Antidumping Duties on Imports of Steel Concrete      investigations, see the ‘‘Scope of the                stated above, all such comments must
                                             Reinforcing Bar from the Republic of Turkey:            Investigations,’’ at Appendix I of this               be filed on the records of each of the
                                             Supplemental Questions,’’ dated September 23,           notice. Note that one paragraph in the                concurrent AD and CVD investigations.
                                             2016 (Turkey Supplemental Questionnaire); see           description of the scope of these
                                             also Memorandum to the File from Vicki Flynn,                                                                 Filing Requirements
                                             Senior Policy Analyst, Office of Policy, Re:            investigations in Appendix I applies by
                                             ‘‘Petitions for the Imposition of Antidumping and       its express terms solely to the                          All submissions to the Department
                                             Countervailing Duties on Imports of Steel Concrete      merchandise covered by the concurrent                 must be filed electronically using
                                             Reinforcing Bar from the Republic of Turkey and         countervailing duty investigation of                  Enforcement and Compliance’s
                                             Antidumping Duties on Imports from Japan and                                                                  Antidumping and Countervailing Duty
                                             Taiwan, Subject: Telephone Conversation with            rebar from Turkey and does not apply
                                             Petitioners’ Counsel,’’ dated September 30, 2016        to these less-than-fair-value                         Centralized Electronic Service System
                                             (Memorandum on Telephone Conversation with              investigations.                                       (ACCESS).8 An electronically filed
                                             Petitioners’ Counsel re: Scope and Other Issues).                                                             document must be received successfully
                                                5 See Letter from Petitioners to the Department      Comments on Scope of the                              in its entirety by the time and date when
                                             entitled ‘‘Re: Supplement to the Petition for the       Investigations                                        it is due. Documents excepted from the
                                             Imposition of Antidumping and Countervailing
                                             Duties on Steel Concrete Reinforcing Bar from              During our review of the Petitions, the            electronic submission requirements
                                             Japan, Taiwan, and the Republic of Turkey:              Department issued questions to, and                   must be filed manually (i.e., in paper
                                             Response to the Department’s Supplemental               received responses from, Petitioners                  form) with Enforcement and
                                             Questions,’’ dated September 28, 2016 (General
                                             Issues Supplement); see also Letter from Petitioners
                                                                                                     pertaining to the proposed scope to                   Compliance’s APO/Dockets Unit, Room
                                             to the Department entitled ‘‘Re: Supplement to the      ensure that the scope language in the                 18022, U.S. Department of Commerce,
                                             Petition for the Imposition of Antidumping and          Petitions would be an accurate                        14th Street and Constitution Avenue
                                             Countervailing Duties on Steel Concrete Reinforcing     reflection of the products for which the              NW., Washington, DC 20230, and
                                             Bar from Japan: Response to the Department’s                                                                  stamped with the date and time of
                                             Supplemental Questions,’’ dated September 28,
                                                                                                     domestic industry is seeking relief.7
                                             2016 (Japan Supplement); see also Letter from              As discussed in the preamble to the                receipt by the applicable deadlines.
                                             Petitioners to the Department entitled ‘‘Re:            Department’s regulations, we are setting              Comments on Product Characteristics
                                             Supplement to the Petition for the Imposition of        aside a period for interested parties to
                                             Antidumping and Countervailing Duties on Steel                                                                for AD Questionnaires
                                             Concrete Reinforcing Bar from Taiwan: Response to
                                                                                                     raise issues regarding product coverage
                                                                                                     (scope). The Department will consider                   The Department will be giving
                                             the Department’s Supplemental Questions,’’ dated
                                             September 28, 2016 (Taiwan Supplement); see also        all comments received from parties and,               interested parties an opportunity to
                                             Letter from Petitioners to the Department entitled      if necessary, will consult with parties               provide comments on the appropriate
                                             ‘‘Re: Supplement to the Petition for the Imposition
                                                                                                     prior to the issuance of the preliminary              physical characteristics of rebar to be
                                             of Antidumping and Countervailing Duties on Steel                                                             reported in response to the
                                             Concrete Reinforcing Bar from the Republic of           determinations. If scope comments
                                             Turkey: Response to the Department’s                    include factual information (see 19 CFR               Department’s AD questionnaires. This
                                             Supplemental Questions,’’ dated September 28,           351.102(b)(21)), all such factual                     information will be used to identify the
                                             2016 (Turkey Supplement); see also Letter from
                                                                                                     information should be limited to public               key physical characteristics of the
                                             Petitioners to the Department entitled ‘‘Re:                                                                  merchandise under consideration in
                                             Supplement to the Petition for the Imposition of        information. In order to facilitate
                                             Antidumping and Countervailing Duties on Steel          preparation of its questionnaires, the                order to report the relevant costs of
                                             Concrete Reinforcing Bar from Japan, Taiwan, and        Department requests all interested
                                             the Republic of Turkey: Response to the                                                                          8 See Antidumping and Countervailing Duty

                                             Department’s Supplemental Questions,’’ dated
                                                                                                     parties to submit such comments by                    Proceedings: Electronic Filing Procedures;
Lhorne on DSK30JT082PROD with NOTICES




                                             October 4, 2016 (Second General Issues                                                                        Administrative Protective Order Procedures, 76 FR
                                                                                                       6 See the ‘‘Determination of Industry Support for
                                             Supplement); see also Letter from Petitioners to the                                                          39263 (July 6, 2011) for details of the Department’s
                                             Department entitled ‘‘Steel Concrete Reinforcing        the Petitions’’ section below.                        electronic filing requirements, which went into
                                             Bar from Japan, Taiwan, and the Republic of               7 See General Issues Supplemental Questionnaire     effect on August 5, 2011. Information on help using
                                             Turkey: Revised Scope, Amendment to Petition for        and General Issues Supplement; see also               ACCESS can be found at https://access.trade.gov/
                                             the Imposition of Antidumping and Countervailing        Memorandum on Telephone Conversation with             help.aspx and a handbook can be found at https://
                                             Duties,’’ dated October 5, 2016 (Third General          Petitioners’ Counsel re: Scope and Other Issues and   access.trade.gov/help/Handbook%20on
                                             Issues Supplement).                                     Third General Issues Supplement.                      %20Electronic%20Filling%20Procedures.pdf.



                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                                     71699

                                             production accurately as well as to                     order to determine if there is support for                In determining whether Petitioners
                                             develop appropriate product-                            the petition, as required by                           have standing under section
                                             comparison criteria.                                    subparagraph (A); or (ii) determine                    732(c)(4)(A) of the Act, we considered
                                                Interested parties may provide any                   industry support using a statistically                 the industry support data contained in
                                             information or comments that they feel                  valid sampling method to poll the                      the Petitions with reference to the
                                             are relevant to the development of an                   ‘‘industry.’’                                          domestic like product as defined in the
                                             accurate list of physical characteristics.                 Section 771(4)(A) of the Act defines                ‘‘Scope of the Investigations,’’ in
                                             Specifically, they may provide                          the ‘‘industry’’ as the producers as a                 Appendix I of this notice. To establish
                                             comments as to which characteristics                    whole of a domestic like product. Thus,                industry support, Petitioners provided
                                             are appropriate to use as: (1) General                  to determine whether a petition has the                their 2015 shipments of the domestic
                                             product characteristics and (2) product-                requisite industry support, the statute                like product, and compared their
                                             comparison criteria. We note that it is                 directs the Department to look to                      shipments to estimated total shipments
                                             not always appropriate to use all                       producers and workers who produce the                  of the domestic like product for the
                                             product characteristics as product-                     domestic like product. The International               entire domestic industry.12 Because
                                             comparison criteria. We base product-                   Trade Commission (ITC), which is                       production data for the U.S. rebar
                                             comparison criteria on meaningful                       responsible for determining whether                    industry for 2015 is not reasonably
                                             commercial differences among products.                  ‘‘the domestic industry’’ has been                     available to Petitioners and Petitioners
                                             In other words, although there may be                   injured, must also determine what                      have established that shipments are a
                                             some physical product characteristics                   constitutes a domestic like product in                 reasonable proxy for production data,13
                                             utilized by manufacturers to describe                   order to define the industry. While both               we have relied upon the shipment data
                                             rebar, it may be that only a select few                 the Department and the ITC must apply                  provided by Petitioners for purposes of
                                             product characteristics take into account               the same statutory definition regarding                measuring industry support.
                                             commercially meaningful physical                        the domestic like product,9 they do so                    Our review of the data provided in the
                                             characteristics. In addition, interested                for different purposes and pursuant to a               Petitions, General Issues Supplement,
                                             parties may comment on the order in                     separate and distinct authority. In                    and other information readily available
                                             which the physical characteristics                      addition, the Department’s                             to the Department indicates that
                                             should be used in matching products.                    determination is subject to limitations of             Petitioners have established industry
                                             Generally, the Department attempts to                   time and information. Although this                    support.14 First, the Petitions
                                             list the most important physical                        may result in different definitions of the
                                             characteristics first and the least                                                                            established support from domestic
                                                                                                     like product, such differences do not                  producers and workers accounting for
                                             important characteristics last.                         render the decision of either agency
                                                In order to consider the suggestions of                                                                     more than 50 percent of the total
                                                                                                     contrary to law.10                                     shipments 15 of the domestic like
                                             interested parties in developing and                       Section 771(10) of the Act defines the
                                             issuing the AD questionnaires, all                                                                             product and, as such, the Department is
                                                                                                     domestic like product as ‘‘a product                   not required to take further action in
                                             product characteristics comments must                   which is like, or in the absence of like,
                                             be filed by 5:00 p.m. EDT on October 31,                                                                       order to evaluate industry support (e.g.,
                                                                                                     most similar in characteristics and uses               polling).16 Second, the domestic
                                             2016, which is 20 calendar days from                    with, the article subject to an
                                             the signature date of this notice. Any                                                                         producers and workers have met the
                                                                                                     investigation under this title.’’ Thus, the            statutory criteria for industry support
                                             rebuttal comments must be filed by 5:00                 reference point from which the
                                             p.m. EST on November 10, 2016. All                                                                             under section 732(c)(4)(A)(i) of the Act
                                                                                                     domestic like product analysis begins is               because the domestic producers and
                                             comments and submissions to the
                                                                                                     ‘‘the article subject to an investigation’’            workers who support the Petitions
                                             Department must be filed electronically
                                                                                                     (i.e., the class or kind of merchandise to             account for at least 25 percent of the
                                             using ACCESS, as explained above, on
                                                                                                     be investigated, which normally will be                total shipments of the domestic like
                                             the records of each of the concurrent AD
                                                                                                     the scope as defined in the Petitions).
                                             investigations.
                                                                                                        With regard to the domestic like                    from Taiwan (Taiwan AD Initiation Checklist), at
                                             Determination of Industry Support for                   product, Petitioners do not offer a                    Attachment II; and Antidumping Duty Investigation
                                             the Petitions                                           definition of the domestic like product                Initiation Checklist: Steel Concrete Reinforcing Bar
                                                                                                     distinct from the scope of the                         from the Republic of Turkey (Turkey AD Initiation
                                               Section 732(b)(1) of the Act requires                                                                        Checklist), at Attachment II. These checklists are
                                             that a petition be filed on behalf of the               investigations. Based on our analysis of               dated concurrently with this notice and on file
                                             domestic industry. Section 732(c)(4)(A)                 the information submitted on the                       electronically via ACCESS. Access to documents
                                             of the Act provides that a petition meets               record, we have determined that rebar,                 filed via ACCESS is also available in the Central
                                                                                                     as defined in the scope, constitutes a                 Records Unit, Room B8024 of the main Department
                                             this requirement if the domestic                                                                               of Commerce building.
                                             producers or workers who support the                    single domestic like product and we                       12 See Volume I of the Petitions, at 3 and Exhibits

                                             petition account for: (i) At least 25                   have analyzed industry support in terms                I–4 and I–31; see also General Issues Supplement,
                                             percent of the total production of the                  of that domestic like product.11                       at 3–6 and Exhibits I–Supp–4 and I–Supp–7.
                                                                                                                                                               13 See General Issues Supplement, at 5 and
                                             domestic like product; and (ii) more                      9 See  section 771(10) of the Act.                   Exhibits I–Supp–4 and I–Supp–5.
                                             than 50 percent of the production of the                  10 See                                                  14 See Japan AD Initiation Checklist, Taiwan AD
                                                                                                               USEC, Inc. v. United States, 132 F. Supp.
                                             domestic like product produced by that                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.    Initiation Checklist, and Turkey AD Initiation
                                             portion of the industry expressing                      v. United States, 688 F. Supp. 639, 644 (CIT 1988),    Checklist, at Attachment II.
                                             support for, or opposition to, the                      aff’d 865 F.2d 240 (Fed. Cir. 1989)).                     15 As discussed above, Petitioners established that

                                             petition. Moreover, section 732(c)(4)(D)                   11 For a discussion of the domestic like product    shipments are a reasonable proxy for production
                                                                                                     analysis in this case, see Antidumping Duty            data. Section 351.203(e)(1) of the Department’s
Lhorne on DSK30JT082PROD with NOTICES




                                             of the Act provides that, if the petition               Investigation Initiation Checklist: Steel Concrete     regulations states ‘‘production levels may be
                                             does not establish support of domestic                  Reinforcing Bar from Japan (Japan AD Initiation        established by reference to alternative data that the
                                             producers or workers accounting for                     Checklist), at Attachment II, Analysis of Industry     Secretary determines to be indicative of production
                                             more than 50 percent of the total                       Support for the Antidumping and Countervailing         levels.’’
                                                                                                     Duty Petitions Covering Steel Concrete Reinforcing        16 See section 732(c)(4)(D) of the Act; see also
                                             production of the domestic like product,                Bar from Japan, Taiwan, and the Republic of Turkey     Japan AD Initiation Checklist, Taiwan AD Initiation
                                             the Department shall: (i) Poll the                      (Attachment II); Antidumping Duty Investigation        Checklist, and Turkey AD Initiation Checklist, at
                                             industry or rely on other information in                Initiation Checklist: Steel Concrete Reinforcing Bar   Attachment II.



                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                             71700                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             product.17 Finally, the domestic                        Allegations of Sales at Less-Than-Fair                Normal Value Based on Constructed
                                             producers and workers have met the                      Value                                                 Value
                                             statutory criteria for industry support                                                                          For Japan, Taiwan, and Turkey,
                                                                                                        The following is a description of the
                                             under section 732(c)(4)(A)(ii) of the Act                                                                     Petitioners were unable to obtain
                                                                                                     allegations of sales at less-than-fair
                                             because the domestic producers and                                                                            information regarding home market
                                                                                                     value upon which the Department based
                                             workers who support the Petitions                                                                             prices and, therefore, calculated NV
                                                                                                     its decision to initiate investigations of
                                             account for more than 50 percent of the                                                                       based on constructed value (CV).30
                                                                                                     imports of rebar from Japan, Taiwan,
                                             shipments of the domestic like product                                                                        Pursuant to section 773(e) of the Act, CV
                                                                                                     and Turkey. The sources of data for the
                                             produced by that portion of the industry                                                                      consists of the cost of manufacturing
                                                                                                     deductions and adjustments relating to
                                             expressing support for, or opposition to,                                                                     (COM), selling, general and
                                                                                                     U.S. price and NV are discussed in
                                             the Petitions.18 Accordingly, the                                                                             administrative (SG&A) expenses,
                                                                                                     greater detail in the country-specific
                                             Department determines that the                                                                                financial expenses, packing expenses,
                                             Petitions were filed on behalf of the                   initiation checklists.
                                                                                                                                                           and profit. Petitioners calculated COM
                                             domestic industry within the meaning                    Export Price                                          based on a U.S. producer of rebar (U.S.
                                             of section 732(b)(1) of the Act.                                                                              surrogate’s) experience, adjusted for
                                                The Department finds that Petitioners                   For Japan, Petitioners based export
                                                                                                     price (EP) on quoted sales offers or                  known differences between producing
                                             filed the Petitions on behalf of the                                                                          in the United States and producing in
                                             domestic industry because they are                      transactions to customers in the United
                                                                                                     States for rebar produced in, and                     the respective country (i.e., Japan,
                                             interested parties as defined in sections                                                                     Taiwan, or Turkey), during the
                                             771(9)(C) and (E) of the Act and they                   exported from, Japan.23 Where
                                                                                                     applicable, Petitioners made deductions               proposed POI.31 Using publicly-
                                             have demonstrated sufficient industry                                                                         available data to account for price
                                             support with respect to the AD                          from U.S. price for movement expenses
                                                                                                     consistent with the delivery terms.24                 differences, Petitioners multiplied the
                                             investigations that they are requesting                                                                       surrogate raw material and packing
                                             the Department initiate.19                              Petitioners also deducted from U.S.
                                                                                                     price brokerage and handling                          usage quantities by the submitted value
                                             Allegations and Evidence of Material                    expenses.25                                           of the inputs used to manufacture rebar
                                             Injury and Causation                                       For Taiwan, and Turkey, Petitioners                in each country.32 For Japan, Taiwan,
                                                Petitioners allege that the U.S.                     based EP on transaction-specific average              and Turkey, labor and energy rates were
                                             industry producing the domestic like                    unit values (AUVs) for shipments of                   derived from publicly-available sources
                                             product is being materially injured, or is              rebar identified from each of these                   multiplied by the U.S. surrogate’s
                                             threatened with material injury, by                     countries entered under the relevant                  product-specific usage quantities.33 For
                                             reason of the imports of the subject                    Harmonized Tariff Schedule of the                     Japan, Taiwan, and Turkey, to
                                             merchandise sold at less than normal                    United States (HTSUS) subheading for                  determine the factory overhead, SG&A,
                                             value (NV). In addition, Petitioners                    one month during the POI into a                       and financial rates, Petitioners relied on
                                             allege that subject imports exceed the                  specific port.26 Under this                           the audited financial statements of
                                             negligibility threshold provided for                    methodology,27 Petitioners linked data                companies that were producers of
                                             under section 771(24)(A) of the Act.20                  from an independent source to monthly                 identical merchandise operating in the
                                                Petitioners contend that the industry’s              U.S. port-specific import statistics                  respective subject country.34 Petitioners
                                             injured condition is illustrated by                     (obtained from the ITC’s Dataweb).                    also relied on the audited financial
                                             reduced market share; underselling and                  Petitioners linked imports of rebar                   statements of the same producers that
                                             price suppression or depression; lost                                                                         they used for calculating the factory
                                                                                                     entered under the relevant HTSUS
                                             sales and revenues; declines in                                                                               overhead, SG&A, and financial expenses
                                                                                                     subheading to shipments from
                                             production, capacity utilization, and                                                                         to calculate the profit rate.35
                                                                                                     producers in the subject countries
                                             U.S. shipments; negative impact on                      identified in the independent source                  Fair Value Comparisons
                                             employment variables; and decline in                    data to ensure that the Dataweb                          Based on the data provided by
                                             financial performance.21 We have                        statistics were only for subject                      Petitioners, there is reason to believe
                                             assessed the allegations and supporting                 merchandise.28 To calculate ex-factory                that imports of rebar from Japan,
                                             evidence regarding material injury,                     prices, Petitioners made adjustments for              Taiwan, and Turkey, are being, or are
                                             threat of material injury, and causation,               foreign inland freight and brokerage and              likely to be, sold in the United States at
                                             and we have determined that these                       handling expenses; Petitioners made no                less-than-fair value. Based on
                                             allegations are properly supported by                   adjustments to EP for international                   comparisons of EP to NV in accordance
                                             adequate evidence, and meet the                         freight and insurance expenses,
                                             statutory requirements for initiation.22                consistent with the manner in which the                 30 See Japan AD Initiation Checklist, Taiwan AD

                                                                                                     data is reported in Dataweb.29                        Initiation Checklist, and Turkey AD Initiation
                                               17 See Japan AD Initiation Checklist, Taiwan AD
                                                                                                                                                           Checklist. In accordance with section 505(a) of the
                                             Initiation Checklist, and Turkey AD Initiation                                                                Trade Preferences Extension Act of 2015, amending
                                             Checklist, at Attachment II.                            III); see also Taiwan AD Initiation Checklist, at     section 773(b)(2) of the Act, for all of the
                                               18 Id.                                                Attachment III; and Turkey AD Initiation Checklist,   investigations, the Department will request
                                               19 Id.                                                at Attachment III.                                    information necessary to calculate the cost of
                                                                                                        23 See Japan AD Initiation Checklist; see also
                                               20 See General Issues Supplement, at 6–7 and                                                                production (COP) and CV to determine whether
                                                                                                     Volume II of the Petitions, at 2–3 and Exhibit AD–    there are reasonable grounds to believe or suspect
                                             Exhibit I–Supp–8; see also Volume I of the
                                                                                                     JP–2.                                                 that sales of the foreign like product have been
                                             Petitions, at Exhibit I–23.                                24 See Japan AD Initation Checklist; see also
                                               21 See Volume I of the Petitions, at 14, 18–48 and                                                          made at prices that represent less than the COP of
                                                                                                     Volume II of the Petitions, at 2–7 and Exhibit AD–    the product. The Department will no longer require
                                             Exhibits I–5, I–8, I–20, and I–23 through I–59; see
Lhorne on DSK30JT082PROD with NOTICES




                                                                                                     JP–11; see also Japan Supplement, at Exhibit AD–      a COP allegation to conduct this analysis.
                                             also General Issues Supplement, at 6–8 and Exhibits
                                                                                                     JP–Supp–2.                                              31 See Japan AD Initiation Checklist, Taiwan AD
                                             I–Supp–7 through I–Supp–10.                                25 Id.
                                               22 See Japan AD Initiation Checklist, at                                                                    Initiation Checklist, and Turkey AD Initiation
                                                                                                        26 See Taiwan AD Initiation Checklist, and         Checklist.
                                             Attachment III, Analysis of Allegations and
                                             Evidence of Material Injury and Causation for the       Turkey AD Initiation Checklist.                         32 Id.
                                                                                                        27 Id.                                               33 Id.
                                             Antidumping and Countervailing Duty Petitions
                                                                                                        28 Id.                                               34 Id.
                                             Covering Steel Concrete Reinforcing Bar from Japan,
                                             Taiwan, and the Republic of Turkey (Attachment             29 Id.                                               35 Id.




                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                                                          Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices                                           71701

                                             with sections 773(a) and (e) of the Act,                economy countries, in the event the                    result in the investigation being
                                             the estimated dumping margin(s) for                     Department determines that the number                  terminated with respect to that
                                             rebar are as follows: (1) Japan, 204.91 to              of companies is large and it cannot                    country; 44 otherwise, these
                                             209.46 percent; 36 (2) Taiwan, 84.66                    individually examine each company                      investigations will proceed according to
                                             percent; 37 and (3) Turkey, 66.55                       based upon the Department’s resources,                 statutory and regulatory time limits.
                                             percent.38                                              where appropriate, the Department
                                                                                                                                                            Submission of Factual Information
                                                                                                     intends to select respondents based on
                                             Initiation of Less-Than-Fair-Value                                                                                Factual information is defined in 19
                                                                                                     U.S. Customs and Border Protection
                                             Investigations                                                                                                 CFR 351.102(b)(21) as: (i) Evidence
                                                                                                     (CBP) data for U.S. imports under the
                                                Based upon the examination of the                    appropriate HTSUS numbers listed with                  submitted in response to questionnaires;
                                             AD Petitions on rebar from Japan,                       the ‘‘Scope of the Investigations,’’ in                (ii) evidence submitted in support of
                                             Taiwan, and Turkey, we find that the                    Appendix I, below. We also intend to                   allegations; (iii) publicly available
                                             Petitions meet the requirements of                      release the CBP data under                             information to value factors under 19
                                             section 732 of the Act. Therefore, we are               Administrative Protective Order (APO)                  CFR 351.408(c) or to measure the
                                             initiating AD investigations to                         to all parties with access to information              adequacy of remuneration under 19 CFR
                                             determine whether imports of rebar for                  protected by APO on the record within                  351.511(a)(2); (iv) evidence placed on
                                             Japan, Taiwan, and Turkey, are being, or                five business days of publication of this              the record by the Department; and (v)
                                             are likely to be, sold in the United States             Federal Register notice. Comments                      evidence other than factual information
                                             at less-than-fair value. In accordance                  regarding the CBP data and respondent                  described in (i)–(iv). Any party, when
                                             with section 733(b)(1)(A) of the Act and                selection should be submitted seven                    submitting factual information, must
                                             19 CFR 351.205(b)(1), unless postponed,                 calendar days after the placement of the               specify under which subsection of 19
                                             we will make our preliminary                            CBP data on the record of each                         CFR 351.102(b)(21) the information is
                                             determinations no later than 140 days                   respective investigation. Parties wishing              being submitted and, if the information
                                             after the date of this initiation.                      to submit rebuttal comments should                     is submitted to rebut, clarify, or correct
                                                On June 29, 2015, the President of the               submit those comments five calendar                    factual information already on the
                                             United States signed into law the Trade                 days after the deadline for the initial                record, to provide an explanation
                                             Preferences Extension Act of 2015,                      comments.                                              identifying the information already on
                                             which made numerous amendments to                          Comments for the above-referenced                   the record that the factual information
                                             the AD and CVD law.39 The 2015 law                      investigations must be filed                           seeks to rebut, clarify, or correct. Time
                                             does not specify dates of application for               electronically using ACCESS. An                        limits for the submission of factual
                                             those amendments. On August 6, 2015,                    electronically-filed document must be                  information are addressed in 19 CFR
                                             the Department published an                             received successfully in its entirety by               351.301, which provides specific time
                                             interpretative rule, in which it                        the Department’s electronic records                    limits based on the type of factual
                                             announced the applicability dates for                   system, ACCESS, by 5:00 p.m. ET by the                 information being submitted. Please
                                             each amendment to the Act, except for                   dates noted above. We intend to finalize               review the regulations prior to
                                             amendments contained in section 771(7)                  our decision regarding respondent                      submitting factual information in these
                                             of the Act, which relate to                             selection within 20 days of publication                investigations.
                                             determinations of material injury by the
                                                                                                     of this notice.                                        Extensions of Time Limits
                                             ITC.40 The amendments to sections
                                             771(15), 773, 776, and 782 of the Act are               Distribution of Copies of the Petitions                   Parties may request an extension of
                                             applicable to all determinations made                     In accordance with section                           time limits before the expiration of a
                                             on or after August 6, 2015, and,                        732(b)(3)(A) of the Act and 19 CFR                     time limit established under Part 351, or
                                             therefore, apply to these AD                            351.202(f), copies of the public version               as otherwise specified by the Secretary.
                                             investigations.41                                       of the Petitions have been provided to                 In general, an extension request will be
                                                                                                     the governments of Japan, Taiwan, and                  considered untimely if it is filed after
                                             Respondent Selection                                                                                           the expiration of the time limit
                                                                                                     Turkey via ACCESS. To the extent
                                               Based on information from an                                                                                 established under Part 351 expires. For
                                                                                                     practicable, we will attempt to provide
                                             independent source and other open                                                                              submissions that are due from multiple
                                                                                                     a copy of the public version of the
                                             source research, Petitioners identified                                                                        parties simultaneously, an extension
                                                                                                     Petitions to each exporter named in the
                                             20 companies in Japan, 8 companies in                                                                          request will be considered untimely if it
                                             Taiwan, and 35 companies in Turkey, as                  Petitions, as provided under 19 CFR
                                                                                                     351.203(c)(2).                                         is filed after 10:00 a.m. on the due date.
                                             producers/exporters of rebar.42                                                                                Under certain circumstances, we may
                                             Following standard practice in AD                       ITC Notification                                       elect to specify a different time limit by
                                             investigations involving market                           We will notify the ITC of our                        which extension requests will be
                                                                                                     initiation, as required by section 732(d)              considered untimely for submissions
                                               36 See Japan Supplement, Exhibit AD–JP–Supp–3,
                                                                                                     of the Act.                                            which are due from multiple parties
                                             and Japan AD Initiation Checklist.
                                               37 See Taiwan Supplement, Exhibit AD–TW–
                                                                                                                                                            simultaneously. In such a case, we will
                                                                                                     Preliminary Determinations by the ITC                  inform parties in the letter or
                                             Supp–6, and Taiwan AD Initiation Checklist.
                                               38 See Turkey Supplement, Exhibit AD–TR–                 The ITC will preliminarily determine,               memorandum setting forth the deadline
                                             Supp–6, and Turkey AD Initiation Checklist.             within 45 days after the date on which                 (including a specified time) by which
                                               39 See Trade Preferences Extension Act of 2015,
                                                                                                     the Petitions were filed, whether there                extension requests must be filed to be
                                             Public Law 114–27, 129 Stat. 362 (2015).
                                               40 See Dates of Application of Amendments to the
                                                                                                     is a reasonable indication that imports                considered timely. An extension request
Lhorne on DSK30JT082PROD with NOTICES




                                             Antidumping and Countervailing Duty Laws Made           of rebar from Japan, Taiwan, and/or                    must be made in a separate, stand-alone
                                             by the Trade Preferences Extension Act of 2015, 80      Turkey are materially injuring or                      submission; under limited
                                             FR 46793 (August 6, 2015) (Applicability Notice).       threatening material injury to a U.S.                  circumstances we will grant untimely-
                                               41 Id., at 46794–95. The 2015 amendments may be
                                                                                                     industry.43 A negative ITC                             filed requests for the extension of time
                                             found at https://www.congress.gov/bill/114th-
                                             congress/house-bill/1295/text/pl.                       determination for any country will                     limits. Review Extension of Time Limits;
                                               42 See Volume I of the Petition, at 12–13 and

                                             Exhibit I–19.                                             43 See   section 733(a) of the Act.                    44 Id.




                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00013    Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM     18OCN1


                                             71702                        Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

                                             Final Rule, 78 FR 57790 (September 20,                     The subject merchandise includes rebar             Statutory Import Programs Staff, Room
                                             2013), available at http://www.gpo.gov/                 that has been further processed in the subject        3720, U.S. Department of Commerce,
                                             fdsys/pkg/FR-2013-09-20/html/2013-                      country or a third country, including but not         Washington, DC 20230. Applications
                                                                                                     limited to cutting, grinding, galvanizing,            may be examined between 8:30 a.m. and
                                             22853.htm, prior to submitting factual
                                                                                                     painting, coating, or any other processing
                                             information in this segment.                            that would not otherwise remove the                   5:00 p.m. at the U.S. Department of
                                                                                                     merchandise from the scope of the                     Commerce in Room 3720.
                                             Certification Requirements
                                                                                                     investigations if performed in the country of            Docket Number: 15–061. Applicant:
                                               Any party submitting factual                          manufacture of the rebar.                             Yale School of Medicine, 333 Cedar St.,
                                             information in an AD or CVD                                Specifically excluded are plain rounds             New Haven, CT 06510. Instrument:
                                             proceeding must certify to the accuracy                 (i.e., nondeformed or smooth rebar). Also             SuperK Extreme EXR–20 white light
                                             and completeness of that information.45                 excluded from the scope is deformed steel             laser. Manufacturer: NKT Photonics,
                                             Parties are hereby reminded that revised                wire meeting ASTM A1064/A1064M with no
                                                                                                     bar markings (e.g., mill mark, size, or grade)
                                                                                                                                                           Denmark. Intended Use: The instrument
                                             certification requirements are in effect                                                                      will be used as an excitation sources for
                                                                                                     and without being subject to an elongation
                                             for company/government officials, as                    test.                                                 the study of intracellular processes and
                                             well as their representatives.                             At the time of the filing of the petition,         structures at super resolution. The
                                             Investigations initiated on the basis of                there was an existing countervailing duty             experiments require a high power
                                             Petitions filed on or after August 16,                  order on steel reinforcing bar from the               pulsed excitation source at a wavelength
                                             2013, and other segments of any AD or                   Republic of Turkey. Steel Concrete                    of 590 nm, and minimal after pulse tail
                                             CVD proceedings initiated on or after                   Reinforcing Bar From the Republic of Turkey,          and sub 100 ps pulse width.
                                             August 16, 2013, should use the formats                 79 FR 65,926 (Dep’t Commerce Nov. 6, 2014)            Justification for Duty-Free Entry: There
                                             for the revised certifications provided at              (2014 Turkey CVD Order). The scope of this
                                                                                                                                                           are no instruments of the same general
                                                                                                     countervailing duty investigation with regard
                                             the end of the Final Rule.46 The                        to rebar from Turkey covers only rebar
                                                                                                                                                           category manufactured in the United
                                             Department intends to reject factual                    produced and/or exported by those                     States. Application accepted by
                                             submissions if the submitting party does                companies that are excluded from the 2014             Commissioner of Customs: July 18,
                                             not comply with applicable revised                      Turkey CVD Order. At the time of the                  2016.
                                             certification requirements.                             issuance of the 2014 Turkey CVD Order,                   Docket Number: 16–002. Applicant:
                                                                                                     Habas Sinai ve Tibbi Gazlar Istihsal                  University of Massachusetts Medical
                                             Notification to Interested Parties                      Endustrisi A.S. was the only excluded                 School, 55 Lake Avenue North,
                                               Interested parties must submit                        Turkish rebar producer or exporter.                   Worcester, MA 01655. Instrument:
                                             applications for disclosure under APO                      The subject merchandise is classifiable in
                                                                                                                                                           Electron Microscope. Manufacturer: FEI
                                             in accordance with 19 CFR 351.305. On                   the Harmonized Tariff Schedule of the
                                                                                                     United States (HTSUS) primarily under item            Company, the Netherlands. Intended
                                             January 22, 2008, the Department                        numbers 7213.10.0000, 7214.20.0000, and               Use: The instrument will be used to
                                             published Antidumping and                               7228.30.8010. The subject merchandise may             understand the three-dimensional
                                             Countervailing Duty Proceedings:                        also enter under other HTSUS numbers                  structure of purified proteins and
                                             Documents Submission Procedures;                        including 7215.90.1000, 7215.90.5000,                 protein complexes at the atomic level,
                                             APO Procedures, 73 FR 3634 (January                     7221.00.0017, 7221.00.0018, 7221.00.0030,             and how this is related to their function.
                                             22, 2008). Parties wishing to participate               7221.00.0045, 7222.11.0001, 7222.11.0057,             Justification for Duty-Free Entry: There
                                             in these investigations should ensure                   7222.11.0059, 7222.30.0001, 7227.20.0080,             are no instruments of the same general
                                             that they meet the requirements of these                7227.90.6030, 7227.90.6035, 7227.90.6040,
                                                                                                                                                           category manufactured in the United
                                             procedures (e.g., the filing of letters of              7228.20.1000, and 7228.60.6000.
                                                                                                        HTSUS numbers are provided for                     States. Application accepted by
                                             appearance as discussed in 19 CFR                       convenience and customs purposes;                     Commissioner of Customs: July 18,
                                             351.103(d)).                                            however, the written description of the scope         2016.
                                               This notice is issued and published                   remains dispositive.                                     Docket Number: 16–004. Applicant:
                                             pursuant to section 777(i) of the Act and               [FR Doc. 2016–25171 Filed 10–17–16; 8:45 a.m.]        Purdue University, 315 N. Grant St.,
                                             19 CFR 351.203(c).                                                                                            West Lafayette, IN 47907. Instrument:
                                                                                                     BILLING CODE 3510–DS–P
                                               Dated: October 11, 2016.                                                                                    SGR YAG pulsed laser. Manufacturer:
                                             Paul Piquado,                                                                                                 Beamtech Optronics, Co. LTD, China.
                                             Assistant Secretary for Enforcement and                 DEPARTMENT OF COMMERCE                                Intended Use: The instrument will be
                                             Compliance.                                                                                                   used for pulsed laser annealing and
                                                                                                     International Trade Administration                    nanostructure integrated laser shock
                                             Appendix I                                                                                                    peening, to improve the microstructure
                                             Scope of the Investigations                             Application(s) for Duty-Free Entry of                 of thin film for better electrical and
                                                                                                     Scientific Instruments                                optical properties. Requirements for the
                                               The merchandise subject to these
                                             investigations is steel concrete reinforcing              Pursuant to Section 6(c) of the                     experiment include three wave lengths
                                             bar imported in either straight length or coil          Educational, Scientific and Cultural                  (355nm, 532nm, 1064nm), pulse energy
                                             form (rebar) regardless of metallurgy, length,          Materials Importation Act of 1966 (Pub.               2J, flat hat beam, and pulse duration
                                             diameter, or grade or lack thereof. Subject             L. 89–651, as amended by Pub. L. 106–                 tunable from 10ns to 25ns. Justification
                                             merchandise includes deformed steel wire                                                                      for Duty-Free Entry: There are no
                                             with bar markings (e.g., mill mark, size, or
                                                                                                     36; 80 Stat. 897; 15 CFR part 301), we
                                                                                                     invite comments on the question of                    instruments of the same general
                                             grade) and which has been subjected to an
                                             elongation test.                                        whether instruments of equivalent                     category manufactured in the United
                                                                                                     scientific value, for the purposes for                States. Application accepted by
                                                                                                                                                           Commissioner of Customs: July 18,
Lhorne on DSK30JT082PROD with NOTICES




                                               45 See section 782(b) of the Act.                     which the instruments shown below are
                                               46 See Certification of Factual Information to        intended to be used, are being                        2016.
                                             Import Administration during Antidumping and            manufactured in the United States.                       Docket Number: 16–005. Applicant:
                                             Countervailing Duty Proceedings, 78 FR 42678 (July        Comments must comply with 15 CFR                    Rutgers University, Administrative
                                             17, 2013) (Final Rule); see also frequently asked
                                             questions regarding the Final Rule, available at
                                                                                                     301.5(a)(3) and (4) of the regulations and            Services Bldg. I, Rm. 300, Plant Funds,
                                             http://enforcement.trade.gov/tlei/notices/factual_      be postmarked on or before November 7,                65 Davidson Road, Piscataway, NJ
                                             info_final_rule_FAQ_07172013.pdf.                       2016. Address written comments to                     08854–8076. Instrument: Electron


                                        VerDate Sep<11>2014   13:19 Oct 17, 2016   Jkt 241001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1



Document Created: 2016-10-17 23:52:46
Document Modified: 2016-10-17 23:52:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective October 11, 2016.
ContactEmily Halle at (202) 482-0176 (Japan); Jun Jack Zhao at (202) 482-1396 (Taiwan); and Myrna Lobo at (202) 482- 2371 (Republic of Turkey), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 71697 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR