81_FR_89294 81 FR 89057 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2014

81 FR 89057 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89057-89059
FR Document2016-29572

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of review (POR) is September 15, 2014, through December 31, 2014. This review covers two producers/exporters of subject merchandise that the Department selected for individual examination: Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. (Kaptan Demir Companies) (collectively, the mandatory respondents). This review also covers the following firms that were not individually examined: 3212041 Canada Inc.; Acemar International Limited; As Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu Dis Ticaret A.S. (also known as Colakoglu Disticaret AS); Colakoglu Metalurji A.S.; Del Industrial Metals; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (also known as Habas Sinai 199, Habas Sinai ve Tibbi Gazlar, and/or Habas Sinai ve Tibbi Gazlar Istihsal); Izmir Demir Celik Sanayi A.S.; Ozkan Demir Celik Sanayi A.S.; Tata Steel International (Hong Kong) Limited (also known as Tata Steel International (Hong Kong)); and Tata Steel UK. We preliminarily find that the mandatory respondents each received a de minimis net subsidy rate during the POR. See ``Preliminary Results of Review'' section of this notice below for the preliminary rates calculated for the companies covered in this review.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89057-89059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind the Review in Part; 2014

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). 
The period of review (POR) is September 15, 2014, through December 31, 
2014. This review covers two producers/exporters of subject merchandise 
that the Department selected for individual examination: Icdas Celik 
Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and Kaptan Demir Celik 
Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat 
A.S. (Kaptan Demir Companies) (collectively, the mandatory 
respondents). This review also covers the following firms that were not 
individually examined: 3212041 Canada Inc.; Acemar International 
Limited; As Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu Dis Ticaret A.S. 
(also known as Colakoglu Disticaret AS); Colakoglu Metalurji A.S.; Del 
Industrial Metals; Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. 
(also known as Habas Sinai 199, Habas Sinai ve Tibbi Gazlar, and/or 
Habas Sinai ve Tibbi Gazlar Istihsal); Izmir Demir Celik Sanayi A.S.; 
Ozkan Demir Celik Sanayi A.S.; Tata Steel International (Hong Kong) 
Limited (also known as Tata Steel International (Hong Kong)); and Tata 
Steel UK.
    We preliminarily find that the mandatory respondents each received 
a de minimis net subsidy rate during the POR. See ``Preliminary Results 
of Review'' section of this notice below for the preliminary rates 
calculated for the companies covered in this review.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel 
Brummitt (Kaptan Demir), AD/CVD Operations, Office III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone (202) 482-4793, and (202) 482-7851, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The scope of the order consists of steel concrete reinforcing bar 
imported in either straight length or coil form (rebar) regardless of 
metallurgy, length, diameter, or grade. 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, 7221.00.0015, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 
7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, and 
7228.60.6000. While HTSUS subheadings are provided for convenience and 
customs purposes, the

[[Page 89058]]

written description of the scope of this Order is dispositive.\1\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order). For a full description of the scope of this order see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of Countervailing Duty 
Administrative Review: Steel Concrete Reinforcing Bar from the 
Republic of Turkey,'' dated concurrently with, and hereby adopted by 
this notice. (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\2\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \2\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
in the Central Records Unit, room B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
    A list of topics discussed in the Preliminary Decision Memorandum 
is provided in the Appendix to this notice.

Intent To Rescind Administrative Review, in Part

    Entries of merchandise produced and exported by Habas Sinai ve 
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to 
countervailing duties because the Department's final determination with 
respect to this producer/exporter combination was negative.\3\ However, 
as stated in the Initiation Notice, any entries of merchandise produced 
by any other entity and exported by Habas or produced by Habas and 
exported by another entity are subject to the Order.\4\
---------------------------------------------------------------------------

    \3\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination Final 
Affirmative Critical Circumstances Determination, 79 FR 54963, 54964 
(September 15, 2014).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736, 740 (at footnote 4) (January 7, 
2016) (Initiation Notice).
---------------------------------------------------------------------------

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

Preliminary Results of the Review

    We preliminarily find that the following net subsidy rates exist 
for the period September 15, 2014, through December 31, 2014:
---------------------------------------------------------------------------

    \5\ For Icdas, we preliminarily calculate a de minimis rate, 
which, when rounded to the hundredth place, is zero.
    \6\ The name of Tata Steel UK was incorrectly spelled in the 
Initiation Notice. The company's name was inadvertently listed as 
``Tata Steel U.'' See Initiation Notice, 81 FR at 740.

------------------------------------------------------------------------
                                                        Subsidy rate Ad
                       Company                         Valorem (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......           \5\ 0.00
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and                 * 0.02
 Kaptan Metal D[inodot][scedil] Ticaret ve Nakliyat
 A.S.................................................
3212041 Canada Inc...................................               0.00
Acemar International Limited.........................               0.00
As Gaz Sinai ve Tibbi Azlar A.S......................               0.00
Colakoglu Dis Ticaret A.S. (also known as Colakoglu                 0.00
 Disticaret AS)......................................
Colakoglu Metalurji A.S..............................               0.00
Del Industrial Metals................................               0.00
Izmir Demir Celik Sanayi A.S.........................               0.00
Ozkan Demir Celik Sanayi A.S.........................               0.00
Tata Steel International (Hong Kong) Limited (also                  0.00
 known as Tata Steel International (Hong Kong))......
Tata Steel UK \6\....................................              0.00
------------------------------------------------------------------------
* De minimis.

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\7\ we are 
applying to the non-selected companies the rates preliminarily 
calculated for the mandatory respondents, which are de minimis.
---------------------------------------------------------------------------

    \7\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
---------------------------------------------------------------------------

Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    Pursuant to section 751(a)(2)(C) of the Act, the Department intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown above for the reviewed companies should the 
final results remain the same as these preliminary results. For all 
non-reviewed firms, we will instruct CBP to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

[[Page 89059]]

Disclosure and Public Comment

    We will disclose to the parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of this notice.\8\ Interested parties may submit 
written arguments (case briefs) on the preliminary results no later 
than 30 days from the date of publication of this Federal Register 
notice, and rebuttal comments (rebuttal briefs) within five days after 
the time limit for filing the case briefs.\9\ Pursuant to 19 CFR 
351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs. Parties who submit arguments are requested to submit with 
the argument: (1) Statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\10\ Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If the 
Department receives a request for a hearing, we will inform parties of 
the scheduled date for the hearing, which will be held at the main 
Department of Commerce building at a time and location to be 
determined.\11\ Parties should confirm by telephone the date, time, and 
location of the hearing.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
---------------------------------------------------------------------------

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

Notification to Interested Parties

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

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
    A. Program Preliminarily Determined To Be Countervailable
    1. Rediscount Program
    B. Programs Preliminarily Determined To Not Be Countervailable
    1. Assistance to Offset Costs Related to AD/CVD Investigations
    2. Purchase of Electricity for More Than Adequate Remuneration 
(MTAR)--Sales on the Grid
    C. Program Preliminarily Determined To Not Be Countervailable 
for a Respondent
    1. Provision of Natural Gas for Less Than Adequate Remuneration 
(LTAR)
    D. Program for Which Additional Information Is Required
    1. Purchase of Electricity for MTAR--Sales to Public Buyers
    E. Programs Preliminarily Determined To Not Confer 
Countervailable Benefits
    1. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    2. Investment Incentive Certificates
    F. Programs Preliminarily Determined To Not Be Used
    1. Purchase of Electricity for MTAR--Sales via Build-Operate-
Own, Build-Operate-Transfer, and Transfer of Operating Rights 
Contracts
    2. Provision of Lignite for LTAR
    3. Purchase of Electricity Generated from Renewable Resources 
for MTAR
    4. Deductions from Taxable Income for Export Revenue
    5. Research and Development Grant Program
    6. Export Credits, Loans, and Insurance from Turk Eximbank
    a. Pre-Shipment Export Credits
    b. Foreign Trade Company Export Loans
    c. Pre-Export Credits
    d. Short-Term Export Credit Discount Program
    e. Export Insurance
    7. Regional Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Income Tax Reductions
    c. Social Security Support
    d. Land Allocation
    8. Large-Scale Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Tax Reduction
    c. Income Tax Withholding Allowance
    d. Social Security and Interest Support
    e. Land Allocation
    9. Strategic Investment Incentives
    a. VAT and Customs Duty Exemptions
    b. Tax Reduction
    c. Income Tax Withholding Allowance
    d. Social Security and Interest Support
    e. Land Allocation
    f. VAT Refunds
    10. Incentives for Research & Development (R&D) Activities
    a. Tax Breaks and Other Assistance
    b. Product Development R&D Support--UFT
    11. Regional Development Subsidies
    a. Provision of Land for LTAR
    b. Provision of Electricity for LTAR
    c. Withholding of Income Tax on Wages and Salaries
    d. Exemption From Property Tax
    e. Employers' Share in Insurance Premiums
    f. Preferential Tax Benefits for Turkish Rebar Producers Located 
in Free Zones
    g. Preferential Lending to Turkish Rebar Producers Located in 
Free Zones
    h. Exemptions From Foreign Exchange Restrictions to Turkish 
Rebar Producers Located in Free Zones
    i. Preferential Rates for Land Rent and Purchase to Turkish 
Rebar Producers Located in Free Zones
VI. Conclusion

[FR Doc. 2016-29572 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                       Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices                                           89057

                                                  Final Results of Administrative Review                             These final results are issued and                 covers two producers/exporters of
                                                                                                                   published in accordance with sections                subject merchandise that the
                                                    In accordance with section 777A(e)(1)
                                                                                                                   751(a)(1) and 777(i)(1) of the Act.                  Department selected for individual
                                                  of the Act and 19 CFR 351.221(b)(5), we
                                                                                                                     Dated: December 1, 2016.                           examination: Icdas Celik Enerji Tersane
                                                  determine the total estimated net
                                                                                                                   Paul Piquado,
                                                                                                                                                                        ve Ulasim Sanayi A.S. (Icdas) and
                                                  countervailable subsidy rates for the
                                                                                                                                                                        Kaptan Demir Celik Endustrisi ve
                                                  period January 1, 2014, through                                  Assistant Secretary for Enforcement and
                                                                                                                   Compliance.
                                                                                                                                                                        Ticaret A.S. and Kaptan Metal Dis
                                                  December 31, 2014 to be:
                                                                                                                                                                        Ticaret ve Nakliyat A.S. (Kaptan Demir
                                                                                                                   Appendix I                                           Companies) (collectively, the mandatory
                                                                                               Subsidy rate
                                                       Manufacturer/exporter                   (percent ad         Issues and Decision Memorandum                       respondents). This review also covers
                                                                                                 valorem)                                                               the following firms that were not
                                                                                                                   I. Summary
                                                                                                                   II. Scope of the Order
                                                                                                                                                                        individually examined: 3212041 Canada
                                                  Jindal Poly Films of India                                                                                            Inc.; Acemar International Limited; As
                                                     Limited ...............................                5.52   III. Period of Review
                                                                                                                   IV. Subsidies Valuation Information                  Gaz Sinai ve Tibbi Azlar A.S.; Colakoglu
                                                  SRF Limited ..........................                    2.16
                                                                                                                      A. Allocation Period                              Dis Ticaret A.S. (also known as
                                                                                                                      B. Attribution of Subsidies                       Colakoglu Disticaret AS); Colakoglu
                                                  Assessment and Cash Deposit                                         C. Benchmarks Interest Rates                      Metalurji A.S.; Del Industrial Metals;
                                                  Requirements                                                        D. Denominator                                    Habas Sinai ve Tibbi Gazlar Istihsal
                                                     In accordance with 19 CFR                                     V. Analysis of Programs                              Endustrisi A.S. (also known as Habas
                                                                                                                      A. Programs Determined To Be                      Sinai 199, Habas Sinai ve Tibbi Gazlar,
                                                  351.212(b)(2), the Department intends to                               Countervailable
                                                  issue appropriate instructions to U.S.                              B. Programs Determined To Be Not Used or
                                                                                                                                                                        and/or Habas Sinai ve Tibbi Gazlar
                                                  Customs and Border Protection (CBP) 15                                 to Provide No Benefit During the POR           Istihsal); Izmir Demir Celik Sanayi A.S.;
                                                  days after publication of the final results                      VI. Final Results of Review                          Ozkan Demir Celik Sanayi A.S.; Tata
                                                  of this review. The Department will                              VII. Analysis of Comments                            Steel International (Hong Kong) Limited
                                                  instruct CBP to liquidate shipments of                           Comment 1: Whether the Department should             (also known as Tata Steel International
                                                  subject merchandise produced and/or                                    calculate a benefit for the Status Holder      (Hong Kong)); and Tata Steel UK.
                                                  exported by the companies listed above,                                Incentive Scheme (SHIS) when Jindal               We preliminarily find that the
                                                  entered or withdrawn from warehouse,                                   did not report any benefits received           mandatory respondents each received a
                                                                                                                         during the POR.                                de minimis net subsidy rate during the
                                                  for consumption from January 1, 2014,                            Comment 2: Whether the Value Added Tax
                                                  through December 31, 2014, at the                                                                                     POR. See ‘‘Preliminary Results of
                                                                                                                         (VAT) and Central Sales Tax (CST)
                                                  percent rates, as listed above for each of                             Refunds Under the Industrial Promotion         Review’’ section of this notice below for
                                                  the respective companies, of the entered                               Subsidy (IPS) of the State Government of       the preliminary rates calculated for the
                                                  value.                                                                 Maharashtra’s (SGOM) Package Scheme            companies covered in this review.
                                                     The Department intends also to                                      of Incentives (PSI) Are Countervailable        DATES: Effective December 9, 2016.
                                                  instruct CBP to collect cash deposits of                         Comment 3: Whether the Department should             FOR FURTHER INFORMATION CONTACT:
                                                  estimated countervailing duties, in the                                countervail benefits received under the
                                                                                                                                                                        Kristen Johnson (Icdas) and Samuel
                                                                                                                         State and Union Territory Sales Tax
                                                  amounts shown above for each of the                                    Incentive Program                              Brummitt (Kaptan Demir), AD/CVD
                                                  respective companies shown above, on                             Comment 4: Whether the Department                    Operations, Office III, Enforcement and
                                                  shipments of subject merchandise                                       erroneously omitted one sub-program in         Compliance, International Trade
                                                  entered, or withdrawn from warehouse,                                  its summation of the Export Promotion          Administration, U.S. Department of
                                                  for consumption on or after the date of                                Capital Goods Scheme (EPCGS) sub-              Commerce, 14th Street and Constitution
                                                  publication of the final results of this                               programs                                       Avenue NW., Washington, DC 20230;
                                                  review. For all non-reviewed firms, we                           [FR Doc. 2016–29570 Filed 12–8–16; 8:45 am]          telephone (202) 482–4793, and (202)
                                                  will instruct CBP to continue to collect                         BILLING CODE 3510–DS–P                               482–7851, respectively.
                                                  cash deposits at the most-recent                                                                                      SUPPLEMENTARY INFORMATION:
                                                  company-specific or all-others rate
                                                  applicable to the company, as                                    DEPARTMENT OF COMMERCE                               Scope of the Order
                                                  appropriate. These cash deposit                                                                                          The scope of the order consists of
                                                  requirements, when imposed, shall                                International Trade Administration                   steel concrete reinforcing bar imported
                                                  remain in effect until further notice.                           [C–489–819]                                          in either straight length or coil form
                                                                                                                                                                        (rebar) regardless of metallurgy, length,
                                                  Administrative Protective Order
                                                                                                                   Steel Concrete Reinforcing Bar From                  diameter, or grade. The subject
                                                    This notice also serves as a final                             the Republic of Turkey: Preliminary                  merchandise is classifiable in the
                                                  reminder to parties subject to an                                Results of Countervailing Duty                       Harmonized Tariff Schedule of the
                                                  administrative protective order (APO) of                         Administrative Review and Intent To                  United States (HTSUS) primarily under
                                                  their responsibility concerning the                              Rescind the Review in Part; 2014                     item numbers 7213.10.0000,
                                                  return or destruction of proprietary                                                                                  7214.20.0000, and 7228.30.8010. The
                                                  information disclosed under APO in                               AGENCY:  Enforcement and Compliance,                 subject merchandise may also enter
                                                  accordance with 19 CFR 351.305(a)(3),                            International Trade Administration,                  under other HTSUS numbers including
                                                  which continues to govern business                               Department of Commerce.                              7215.90.1000, 7215.90.5000,
                                                  proprietary information in this segment                          SUMMARY: The Department of Commerce                  7221.00.0015, 7221.00.0030,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  of proceeding. Timely written                                    (the Department) is conducting an                    7221.00.0045, 7222.11.0001,
                                                  notification of the return/destruction of                        administrative review of the                         7222.11.0057, 7222.11.0059,
                                                  APO materials or conversion to judicial                          countervailing duty (CVD) order on steel             7222.30.0001, 7227.20.0080,
                                                  protective order is hereby requested.                            concrete reinforcing bar (rebar) from the            7227.90.6085, 7228.20.1000, and
                                                  Failure to comply with the regulations                           Republic of Turkey (Turkey). The period              7228.60.6000. While HTSUS
                                                  and terms of an APO is a violation                               of review (POR) is September 15, 2014,               subheadings are provided for
                                                  which is subject to sanction.                                    through December 31, 2014. This review               convenience and customs purposes, the


                                             VerDate Sep<11>2014       18:13 Dec 08, 2016      Jkt 241001    PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\09DEN1.SGM   09DEN1


                                                  89058                                   Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices

                                                  written description of the scope of this                                   Central Records Unit, room B8024 of the                                    entries of merchandise produced by any
                                                  Order is dispositive.1                                                     main Department of Commerce                                                other entity and exported by Habas or
                                                                                                                             building. In addition, a complete                                          produced by Habas and exported by
                                                  Methodology
                                                                                                                             version of the Preliminary Decision                                        another entity are subject to the Order.4
                                                     We are conducting this administrative                                   Memorandum can be accessed directly                                           Because there is no evidence on the
                                                  review in accordance with section                                          on the internet at http://
                                                  751(a)(1)(A) of the Tariff Act of 1930, as                                                                                                            record of entries of merchandise
                                                                                                                             enforcement.trade.gov/frn/. The signed                                     produced by another entity and
                                                  amended (the Act). For each of the                                         Preliminary Decision Memorandum and
                                                  subsidy programs found                                                                                                                                exported by Habas, or entries of
                                                                                                                             the electronic version of the Preliminary                                  merchandise produced by Habas and
                                                  countervailable, we preliminarily find                                     Decision Memorandum are identical in
                                                  that there is a subsidy, i.e., a financial                                                                                                            exported by another entity, we
                                                                                                                             content.                                                                   preliminarily determine that Habas is
                                                  contribution by an ‘‘authority’’ that                                        A list of topics discussed in the
                                                  gives rise to a benefit to the recipient,                                                                                                             not subject to this administrative
                                                                                                                             Preliminary Decision Memorandum is
                                                  and that the subsidy is specific.2 For a                                                                                                              review. Therefore, pursuant to 19 CFR
                                                                                                                             provided in the Appendix to this notice.
                                                  full description of the methodology                                                                                                                   351.213(d)(3), we intend to rescind the
                                                  underlying our conclusions, see the                                        Intent To Rescind Administrative                                           review with respect to Habas. A final
                                                  Preliminary Decision Memorandum.                                           Review, in Part                                                            decision regarding whether to rescind
                                                     The Preliminary Decision                                                   Entries of merchandise produced and                                     the review of Habas will be made in the
                                                  Memorandum is a public document and                                        exported by Habas Sinai ve Tibbi Gazlar                                    final results of this review.
                                                  is on file electronically via Enforcement                                  Istihsal Endustrisi A.S. (Habas) are not                                   Preliminary Results of the Review
                                                  and Compliance’s Antidumping and                                           subject to countervailing duties because
                                                  Countervailing Duty Centralized                                            the Department’s final determination                                         We preliminarily find that the
                                                  Electronic Service System (ACCESS).                                        with respect to this producer/exporter                                     following net subsidy rates exist for the
                                                  ACCESS is available to registered users                                    combination was negative.3 However, as                                     period September 15, 2014, through
                                                  at https://access.trade.gov and in the                                     stated in the Initiation Notice, any                                       December 31, 2014:

                                                                                                                                                                                                                                                   Subsidy rate
                                                                                                                                         Company                                                                                                   Ad Valorem
                                                                                                                                                                                                                                                    (percent)

                                                  Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ........................................................................................................................                                  5 0.00

                                                  Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal D(ş Ticaret ve Nakliyat A.S. ..................................................                                                           * 0.02
                                                  3212041 Canada Inc .....................................................................................................................................................................                    0.00
                                                  Acemar International Limited .........................................................................................................................................................                      0.00
                                                  As Gaz Sinai ve Tibbi Azlar A.S ...................................................................................................................................................                         0.00
                                                  Colakoglu Dis Ticaret A.S. (also known as Colakoglu Disticaret AS) ..........................................................................................                                               0.00
                                                  Colakoglu Metalurji A.S .................................................................................................................................................................                   0.00
                                                  Del Industrial Metals ......................................................................................................................................................................                0.00
                                                  Izmir Demir Celik Sanayi A.S ........................................................................................................................................................                       0.00
                                                  Ozkan Demir Celik Sanayi A.S .....................................................................................................................................................                          0.00
                                                  Tata Steel International (Hong Kong) Limited (also known as Tata Steel International (Hong Kong)) .......................................                                                                   0.00
                                                  Tata Steel UK 6 ..............................................................................................................................................................................              0.00
                                                     * De minimis.


                                                    In accordance with the U.S. Court of                                     Department shall determine, and U.S.                                       amount shown above for the reviewed
                                                  Appeals for the Federal Circuit’s                                          Customs and Border Protection (CBP)                                        companies should the final results
                                                  decision in Albemarle Corp. v. United                                      shall assess, countervailing duties on all                                 remain the same as these preliminary
                                                  States,7 we are applying to the non-                                       appropriate entries covered by this                                        results. For all non-reviewed firms, we
                                                  selected companies the rates                                               review. We intend to issue instructions                                    will instruct CBP to collect cash
                                                  preliminarily calculated for the                                           to CBP 15 days after publication of the                                    deposits of estimated countervailing
                                                  mandatory respondents, which are de                                        final results of this review.                                              duties at the most recent company-
                                                  minimis.                                                                                                                                              specific or all-others rate applicable to
                                                                                                                             Cash Deposit Requirements
                                                                                                                                                                                                        the company. These cash deposit
                                                  Assessment Rates
                                                                                                                               Pursuant to section 751(a)(2)(C) of the                                  requirements, when imposed, shall
                                                     Consistent with section 751(a)(1) of                                    Act, the Department intends to instruct                                    remain in effect until further notice.
                                                  the Act and 19 CFR 351.212(b)(2), upon                                     CBP to collect cash deposits of
                                                  issuance of the final results, the                                         estimated countervailing duties in the
                                                    1 See Steel Concrete Reinforcing Bar From the                            concurrently with, and hereby adopted by this                              736, 740 (at footnote 4) (January 7, 2016) (Initiation
                                                  Republic of Turkey: Countervailing Duty Order, 79                          notice. (Preliminary Decision Memorandum).                                 Notice).
                                                                                                                               2 See sections 771(5)(B) and (D) of the Act
                                                  FR 65926 (November 6, 2014) (Order). For a full                                                                                                         5 For Icdas, we preliminarily calculate a de

                                                  description of the scope of this order see                                 regarding financial contribution; section 771(5)(E)
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                                                                                                                                                                                                        minimis rate, which, when rounded to the
                                                  Memorandum from Christian Marsh, Deputy                                    of the Act regarding benefit; and section 771(5A) of
                                                                                                                                                                                                        hundredth place, is zero.
                                                                                                                             the Act regarding specificity.
                                                  Assistant Secretary for Antidumping and                                      3 See Steel Concrete Reinforcing Bar from the
                                                                                                                                                                                                          6 The name of Tata Steel UK was incorrectly
                                                  Countervailing Duty Operations to Paul Piquado,                                                                                                       spelled in the Initiation Notice. The company’s
                                                                                                                             Republic of Turkey: Final Affirmative
                                                  Assistant Secretary for Enforcement and                                    Countervailing Duty Determination Final                                    name was inadvertently listed as ‘‘Tata Steel U.’’
                                                  Compliance, ‘‘Decision Memorandum for                                      Affirmative Critical Circumstances Determination,                          See Initiation Notice, 81 FR at 740.
                                                  Preliminary Results of Countervailing Duty                                 79 FR 54963, 54964 (September 15, 2014).                                     7 See Albemarle Corp. & Subsidiaries v. United
                                                  Administrative Review: Steel Concrete Reinforcing                            4 See Initiation of Antidumping and
                                                                                                                                                                                                        States, 821 F.3d 1345 (Fed. Cir. 2016).
                                                  Bar from the Republic of Turkey,’’ dated                                   Countervailing Duty Administrative Reviews, 81 FR



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                                                                                Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices                                                89059

                                                  Disclosure and Public Comment                             Dated: December 5, 2016.                              10. Incentives for Research & Development
                                                                                                          Paul Piquado,                                              (R&D) Activities
                                                     We will disclose to the parties in this              Assistant Secretary for Enforcement and                 a. Tax Breaks and Other Assistance
                                                  proceeding the calculations performed                   Compliance.                                             b. Product Development R&D Support—
                                                  in reaching the preliminary results                                                                                UFT
                                                  within five days of the date of                         Appendix—List of Topics Discussed in                    11. Regional Development Subsidies
                                                                                                          the Preliminary Decision Memorandum                     a. Provision of Land for LTAR
                                                  publication of this notice.8 Interested                                                                         b. Provision of Electricity for LTAR
                                                  parties may submit written arguments                    I. Summary                                              c. Withholding of Income Tax on Wages
                                                  (case briefs) on the preliminary results                II. Background                                             and Salaries
                                                  no later than 30 days from the date of                  III. Scope of the Order                                 d. Exemption From Property Tax
                                                                                                          IV. Subsidies Valuation Information                     e. Employers’ Share in Insurance
                                                  publication of this Federal Register
                                                                                                          V. Analysis of Programs                                    Premiums
                                                  notice, and rebuttal comments (rebuttal                    A. Program Preliminarily Determined To
                                                  briefs) within five days after the time                                                                         f. Preferential Tax Benefits for Turkish
                                                                                                                Be Countervailable                                   Rebar Producers Located in Free Zones
                                                  limit for filing the case briefs.9 Pursuant                1. Rediscount Program                                g. Preferential Lending to Turkish Rebar
                                                  to 19 CFR 351.309(d)(2), rebuttal briefs                   B. Programs Preliminarily Determined To                 Producers Located in Free Zones
                                                  must be limited to issues raised in the                       Not Be Countervailable                            h. Exemptions From Foreign Exchange
                                                  case briefs. Parties who submit                            1. Assistance to Offset Costs Related to AD/            Restrictions to Turkish Rebar Producers
                                                                                                                CVD Investigations                                   Located in Free Zones
                                                  arguments are requested to submit with                     2. Purchase of Electricity for More Than
                                                  the argument: (1) Statement of the issue;                                                                       i. Preferential Rates for Land Rent and
                                                                                                                Adequate Remuneration (MTAR)—Sales                   Purchase to Turkish Rebar Producers
                                                  (2) a brief summary of the argument;                          on the Grid                                          Located in Free Zones
                                                  and (3) a table of authorities.                            C. Program Preliminarily Determined To             VI. Conclusion
                                                                                                                Not Be Countervailable for a Respondent
                                                     Interested parties who wish to request                  1. Provision of Natural Gas for Less Than          [FR Doc. 2016–29572 Filed 12–8–16; 8:45 am]
                                                  a hearing, or to participate if one is                        Adequate Remuneration (LTAR)                    BILLING CODE 3510–DS–P
                                                  requested, must submit a written                           D. Program for Which Additional
                                                  request within 30 days after the date of                      Information Is Required
                                                  publication of this notice.10 Requests                     1. Purchase of Electricity for MTAR—Sales          DEPARTMENT OF COMMERCE
                                                  should contain the party’s name,                              to Public Buyers
                                                                                                             E. Programs Preliminarily Determined To            International Trade Administration
                                                  address, and telephone number, the
                                                                                                                Not Confer Countervailable Benefits
                                                  number of participants, and a list of the                  1. Reduction and Exemption of Licensing
                                                  issues to be discussed. If the Department                     Fees for Renewable Resource Power               [A–580–809]
                                                  receives a request for a hearing, we will                     Plants
                                                  inform parties of the scheduled date for                   2. Investment Incentive Certificates               Circular Welded Non-Alloy Steel Pipe
                                                                                                             F. Programs Preliminarily Determined To            From the Republic of Korea:
                                                  the hearing, which will be held at the
                                                                                                                Not Be Used                                     Preliminary Results of Antidumping
                                                  main Department of Commerce building
                                                                                                             1. Purchase of Electricity for MTAR—Sales          Duty Administrative Review; 2014–
                                                  at a time and location to be                                  via Build-Operate-Own, Build-Operate-           2015
                                                  determined.11 Parties should confirm by                       Transfer, and Transfer of Operating
                                                  telephone the date, time, and location of                     Rights Contracts                                AGENCY:  Enforcement and Compliance,
                                                  the hearing.                                               2. Provision of Lignite for LTAR                   International Trade Administration,
                                                                                                             3. Purchase of Electricity Generated from          Department of Commerce.
                                                     Parties are reminded that briefs and
                                                                                                                Renewable Resources for MTAR
                                                  hearing requests are to be filed                           4. Deductions from Taxable Income for              SUMMARY:   The Department of Commerce
                                                  electronically using ACCESS and that                          Export Revenue                                  (the Department) is conducting an
                                                  electronically filed documents must be                     5. Research and Development Grant                  administrative review of the
                                                  received successfully in their entirety by                    Program                                         antidumping duty order on circular
                                                  5:00 p.m. Eastern Time on the due date.                    6. Export Credits, Loans, and Insurance
                                                                                                                from Turk Eximbank
                                                                                                                                                                welded non-alloy steel pipe (CWP) from
                                                     Unless the deadline is extended                         a. Pre-Shipment Export Credits                     the Republic of Korea (Korea). The
                                                  pursuant to section 751(a)(3)(A) of the                    b. Foreign Trade Company Export Loans              period of review (POR) is November 1,
                                                  Act, we intend to issue the final results                  c. Pre-Export Credits                              2014, through October 31, 2015. The
                                                  of this administrative review, including                   d. Short-Term Export Credit Discount               Department preliminarily determines
                                                  the results of our analysis of the issues                     Program                                         that the one individually-examined
                                                                                                             e. Export Insurance                                respondent in this review, Husteel Co.,
                                                  raised by parties in their comments,
                                                                                                             7. Regional Investment Incentives                  Ltd. (Husteel), made sales of the subject
                                                  within 120 days after publication of                       a. VAT and Customs Duty Exemptions
                                                  these preliminary results.                                                                                    merchandise at prices below normal
                                                                                                             b. Income Tax Reductions
                                                                                                             c. Social Security Support
                                                                                                                                                                value, and that Hyundai Steel Company
                                                  Notification to Interested Parties                         d. Land Allocation                                 (Hyundai Steel) had no shipments of
                                                                                                             8. Large-Scale Investment Incentives               subject merchandise during the POR.
                                                    These preliminary results of review                                                                         Interested parties are invited to
                                                                                                             a. VAT and Customs Duty Exemptions
                                                  are issued and published in accordance                     b. Tax Reduction                                   comment on these preliminary results.
                                                  with sections 751(a)(1) and 777(i)(1) of                   c. Income Tax Withholding Allowance
                                                  the Act and 19 CFR 351.213 and                             d. Social Security and Interest Support            DATES:   Effective December 9, 2016.
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                                                  351.221(b)(4).                                             e. Land Allocation                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                             9. Strategic Investment Incentives                 Joseph Shuler, AD/CVD Operations,
                                                                                                             a. VAT and Customs Duty Exemptions
                                                    8 See 19 CFR 351.224(b).                                 b. Tax Reduction
                                                                                                                                                                Office I, Enforcement and Compliance,
                                                    9 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
                                                                                                             c. Income Tax Withholding Allowance                International Trade Administration,
                                                  19 CFR 351.303 (for general filing requirements).          d. Social Security and Interest Support            U.S. Department of Commerce, 1401
                                                    10 See 19 CFR 351.310(c).
                                                                                                             e. Land Allocation                                 Constitution Avenue NW., Washington,
                                                    11 See 19 CFR 351.310.                                   f. VAT Refunds                                     DC 20230; telephone (202) 482–1293.


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Document Created: 2018-02-14 09:03:47
Document Modified: 2018-02-14 09:03:47
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 December 9, 2016.
ContactKristen Johnson (Icdas) and Samuel Brummitt (Kaptan Demir), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4793, and (202) 482-7851, respectively.
FR Citation81 FR 89057 

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