82_FR_23285 82 FR 23188 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Affirmative Countervailing Duty Determination

82 FR 23188 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23188-23190
FR Document2017-10505

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to exporters and producers of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of investigation (POI) is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23188-23190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10505]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-830]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to exporters and producers 
of steel concrete reinforcing bar (rebar) from the Republic of Turkey 
(Turkey). The period of investigation (POI) is January 1, 2015, through 
December 31, 2015. For information on the estimated subsidy rates, see 
the ``Final Determination'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3857.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2017, the Department published its affirmative 
Preliminary Determination of this countervailing duty (CVD) 
investigation.\1\ The petitioner in this investigation is the Rebar 
Trade Action Coalition and its individual members.\2\ The mandatory 
respondent in this investigation is Haba[scedil] Sinai ve Tibbi Gazlar 
Istihsal End[uuml]strisi A.[Scedil]. (Habas),\3\ including certain 
cross-owned companies and subcontractors.\4\ Both Habas and the 
Government of Turkey (the GOT) participated in this investigation. A 
complete summary of the events that occurred since publication of the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is dated concurrently with and 
hereby adopted by this notice.\5\ The Issues and Decision Memorandum is 
a public document and is available electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in the Central Records Unit, 
room B-8024 of the Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 82 FR 12195 (March 1, 2017) 
(Preliminary Determination).
    \2\ The Rebar Trade Action Coalition is comprised of Byer Steel 
Group, Inc., Commercial Metals Company, Gerdau Ameristeel U.S. Inc., 
Nucor Corporation, and Steel Dynamics, Inc.
    \3\ Habas is the sole Turkish rebar producer/exporter excluded 
from the existing CVD order on rebar from Turkey. See Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Countervailing Duty 
Order, 79 FR 65926 (November 6, 2014) (2014 Turkey CVD Order).
    \4\ The Habas companies include Habas, Haba[scedil] Elektrik 
[Uuml]retim A.[Scedil]., Haba[scedil] End[uuml]stri Tesisleri 
A.[Scedil]., Haba[scedil] Petrol A.[Scedil]., Merta[scedil] Turizm 
Nakliyat ve Ticaret A.[Scedil]., Cebita[scedil] Demir [Ccedil]elik 
End[uuml]strisi A.[Scedil]., Ege [Ccedil]elik End[uuml]strisi Sanayi 
ve Ticaret A.[Scedil]., and Osman S[ouml]nmez (In[scedil]aat 
Taahh[uuml]t Ticaret).
    \5\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Affirmative Determination in the Countervailing Duty 
Investigation of Steel Concrete Reinforcing Bar from the Republic of 
Turkey,'' May 15, 2017 (Issues and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers rebar from Turkey. The 
Department did not receive any scope comments and has not updated the 
scope of the investigation since the Preliminary Determination. For a 
complete description of the scope of this investigation, see Appendix I 
to this notice.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, as well as the issues 
raised in the case briefs and rebuttal briefs submitted by interested 
parties in this proceeding, are discussed in the Issues and Decision 
Memorandum. A list of the issues raised by parties and responded to by 
the Department in the Issues and Decision Memorandum is attached at 
Appendix II to this notice.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), during February and March 2017, the Department verified the 
subsidy information reported by the GOT and Habas. We used standard 
verification procedures, including an examination of relevant 
accounting records and original source documents provided by the 
respondents.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available. As discussed in the Issues and Decision 
Memorandum,\6\ we determine that Habas withheld necessary information 
with respect to certain import duty rebates/drawbacks received during 
the POI and, accordingly, did not act to the best of its ability in 
responding to the Department's request for information. Therefore, we 
drew an adverse inference, where appropriate, in selecting from among 
the facts otherwise available.\7\ For further information, see the 
``Use of Facts Otherwise Available and Adverse Inferences'' in the 
accompanying Issues and Decision Memorandum.
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    \6\ See Issues and Decision Memorandum at 5-8.
    \7\ See Sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the subsidy rate calculations 
since the Preliminary Determination. These changes are discussed in the 
``Analysis of Programs'' section of the Issues and Decision 
Memorandum.\8\
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    \8\ See Issues and Decision Memorandum at 8; see also Department 
Memorandum, ``Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Calculations for the Final Countervailing Duty 
Determination,'' May 15, 2017.

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[[Page 23189]]

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, the 
Department calculated a countervailable subsidy rate for the 
individually investigated exporter/producer of the subject merchandise. 
Consistent with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the 
Act, the Department also calculated an estimated ``all-others'' rate 
for exporters and producers not individually investigated.\9\ Section 
705(c)(5)(A)(i) of the Act provides that the ``all-others'' rate shall 
be an amount equal to the weighted-average of the countervailable 
subsidy rates established for individually investigated exporters and 
producers, excluding any rates that are zero or de minimis or any rates 
determined entirely under section 776 of the Act. Because the weighted-
average countervailable subsidy rate calculated for Habas is not zero 
or de minimis or based entirely on facts available under section 776 of 
the Act, the rate calculated for Habas is the rate assigned to all 
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of 
the Act.
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    \9\ The scope of this countervailing duty investigation only 
covers rebar produced and/or exported by companies excluded from the 
existing 2014 Turkey CVD Order. Currently, only merchandise produced 
and exported by Habas is excluded from the existing order. 
Therefore, at this time, no companies will be subject to the all-
others rate indicated above, and cash deposits discussed below will 
apply solely to rebar produced and/or exported by Habas.
---------------------------------------------------------------------------

Final Determination

    The Department determines the total estimated countervailable 
subsidy rates to be:
---------------------------------------------------------------------------

    \10\ This rate applies only to merchandise both produced and 
exported by Haba[scedil] Sinai ve Tibbi Gazlar Istihsal 
End[uuml]strisi A.[Scedil]. Merchandise produced by Habas, but 
exported by another company, or produced by another company and 
exported by Habas continues to be covered by the 2014 Turkey CVD 
Order.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Haba[scedil] Sinai ve Tibbi Gazlar Istihsal                        16.21
 End[uuml]strisi A.[Scedil].\10\........................
All-Others..............................................           16.21
------------------------------------------------------------------------

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed within five days of any public announcement of 
this notice.

Continuation of Suspension of Liquidation

    In accordance with section 703(d) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of rebar from Turkey, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after March 1, 2017, 
the date of publication of the Preliminary Determination. Furthermore, 
the Department will instruct CBP to require a cash deposit for such 
entries of merchandise.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of countervailable subsidies. Because the final 
determination in this proceeding is affirmative, in accordance with 
section 705(b) of the Act, the ITC will make its final determination as 
to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
rebar from Turkey no later than 45 days after our final determination. 
If the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all cash deposits 
will be refunded. If the ITC determines that such injury does exist, 
the Department will issue a CVD order directing CBP to assess, upon 
further instruction by the Department, countervailing duties on all 
imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a violation subject to 
sanction.
    This determination is issued and published in accordance with 
sections 705(d) and 777(i) of the Act.

     Dated: May 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation is steel concrete 
reinforcing bar imported in either straight length or coil form 
(rebar) regardless of metallurgy, length, diameter, or grade or lack 
thereof. 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 investigation 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences

[[Page 23190]]

VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Financial Contribution in AD/CVD Investigation 
Assistance Program
    Comment 2: Sales Denominator for Habas
    Comment 3: Rejection of Habas's February 2, 2017 Rebuttal 
Benchmark Submission
    Comment 4: Natural Gas Benchmark
    Comment 5: Application of Adverse Facts Available for Discovered 
Program
    Comment 6: Countervailability of Electricity for More Than 
Adequate Remuneration
IX. Conclusion

[FR Doc. 2017-10505 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  23188                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  Administrative Protective Orders                        duty (CVD) investigation.1 The                              description of the scope of this
                                                     This notice also serves as a reminder                petitioner in this investigation is the                     investigation, see Appendix I to this
                                                  to parties subject to administrative                    Rebar Trade Action Coalition and its                        notice.
                                                  protective order (APO) of their                         individual members.2 The mandatory
                                                                                                          respondent in this investigation is                         Analysis of Subsidy Programs and
                                                  responsibility concerning the return or                                                                             Comments Received
                                                  destruction of proprietary information                  Habaş Sinai ve Tibbi Gazlar Istihsal
                                                  disclosed under APO in accordance                       Endüstrisi A.Ş. (Habas),3 including                          The subsidy programs under
                                                  with 19 CFR 351.305(a)(3), which                        certain cross-owned companies and
                                                                                                                                                                      investigation, as well as the issues
                                                  continues to govern business                            subcontractors.4 Both Habas and the
                                                                                                                                                                      raised in the case briefs and rebuttal
                                                  proprietary information in this segment                 Government of Turkey (the GOT)
                                                                                                                                                                      briefs submitted by interested parties in
                                                  of the proceeding. Timely written                       participated in this investigation. A
                                                                                                                                                                      this proceeding, are discussed in the
                                                  notification of the return or destruction               complete summary of the events that
                                                                                                          occurred since publication of the                           Issues and Decision Memorandum. A
                                                  of APO materials, or conversion to                                                                                  list of the issues raised by parties and
                                                  judicial protective order, is hereby                    Preliminary Determination, as well as a
                                                                                                          full discussion of the issues raised by                     responded to by the Department in the
                                                  requested. Failure to comply with the                                                                               Issues and Decision Memorandum is
                                                                                                          parties for this final determination, may
                                                  regulations and terms of an APO is a                                                                                attached at Appendix II to this notice.
                                                                                                          be found in the Issues and Decision
                                                  violation which is subject to sanction.
                                                     We are issuing and publishing these                  Memorandum, which is dated                                  Verification
                                                  final results of administrative review in               concurrently with and hereby adopted
                                                  accordance with sections 751(a)(1) and                  by this notice.5 The Issues and Decision                      As provided in section 782(i) of the
                                                  777(i) of the Act.                                      Memorandum is a public document and                         Tariff Act of 1930, as amended (the Act),
                                                                                                          is available electronically via                             during February and March 2017, the
                                                    Dated: May 16, 2017.                                  Enforcement and Compliance’s                                Department verified the subsidy
                                                  Ronald K. Lorentzen,                                    Antidumping and Countervailing Duty                         information reported by the GOT and
                                                  Acting Assistant Secretary for Enforcement              Centralized Electronic Service System                       Habas. We used standard verification
                                                  and Compliance.                                         (ACCESS). ACCESS is available to                            procedures, including an examination of
                                                  [FR Doc. 2017–10351 Filed 5–19–17; 8:45 am]             registered users at http://                                 relevant accounting records and original
                                                  BILLING CODE 3510–DS–P                                  access.trade.gov and to all parties in the                  source documents provided by the
                                                                                                          Central Records Unit, room B–8024 of                        respondents.
                                                                                                          the Department’s main building. In
                                                  DEPARTMENT OF COMMERCE                                  addition, a complete version of the                         Use of Adverse Facts Available
                                                                                                          Issues and Decision Memorandum can
                                                  International Trade Administration                      be accessed at http://                                        In making this final determination,
                                                                                                          enforcement.trade.gov/frn/. The signed                      the Department relied, in part, on facts
                                                  [C–489–830]
                                                                                                          Issues and Decision Memorandum and                          available. As discussed in the Issues and
                                                  Steel Concrete Reinforcing Bar From                     the electronic version are identical in                     Decision Memorandum,6 we determine
                                                  the Republic of Turkey: Final                           content.                                                    that Habas withheld necessary
                                                  Affirmative Countervailing Duty                                                                                     information with respect to certain
                                                                                                          Scope of the Investigation                                  import duty rebates/drawbacks received
                                                  Determination
                                                                                                            The scope of the investigation covers                     during the POI and, accordingly, did not
                                                  AGENCY:  Enforcement and Compliance,                    rebar from Turkey. The Department did                       act to the best of its ability in
                                                  International Trade Administration,                     not receive any scope comments and                          responding to the Department’s request
                                                  Department of Commerce.                                 has not updated the scope of the                            for information. Therefore, we drew an
                                                  SUMMARY: The Department of Commerce                     investigation since the Preliminary                         adverse inference, where appropriate, in
                                                  (the Department) determines that                        Determination. For a complete                               selecting from among the facts
                                                  countervailable subsidies are being
                                                                                                                                                                      otherwise available.7 For further
                                                  provided to exporters and producers of                    1 See Steel Concrete Reinforcing Bar from the
                                                  steel concrete reinforcing bar (rebar)                                                                              information, see the ‘‘Use of Facts
                                                                                                          Republic of Turkey: Preliminary Affirmative
                                                  from the Republic of Turkey (Turkey).                   Countervailing Duty Determination and Alignment             Otherwise Available and Adverse
                                                  The period of investigation (POI) is                    of Final Countervailing Duty Determination with             Inferences’’ in the accompanying Issues
                                                                                                          Final Antidumping Duty Determination, 82 FR                 and Decision Memorandum.
                                                  January 1, 2015, through December 31,                   12195 (March 1, 2017) (Preliminary Determination).
                                                  2015. For information on the estimated                    2 The Rebar Trade Action Coalition is comprised
                                                                                                                                                                      Changes Since the Preliminary
                                                  subsidy rates, see the ‘‘Final                          of Byer Steel Group, Inc., Commercial Metals                Determination
                                                  Determination’’ section of this notice.                 Company, Gerdau Ameristeel U.S. Inc., Nucor
                                                                                                          Corporation, and Steel Dynamics, Inc.
                                                  DATES: Effective May 22, 2017.                            3 Habas is the sole Turkish rebar producer/
                                                                                                                                                                        Based on our analysis of the
                                                  FOR FURTHER INFORMATION CONTACT:                        exporter excluded from the existing CVD order on            comments received and our findings at
                                                  Kaitlin Wojnar, AD/CVD Operations,                      rebar from Turkey. See Steel Concrete Reinforcing           verification, we made certain changes to
                                                                                                          Bar from the Republic of Turkey: Countervailing             the subsidy rate calculations since the
                                                  Office VII, Enforcement and                             Duty Order, 79 FR 65926 (November 6, 2014) (2014
                                                  Compliance, International Trade                         Turkey CVD Order).                                          Preliminary Determination. These
                                                  Administration, U.S. Department of                        4 The Habas companies include Habas, Habaş               changes are discussed in the ‘‘Analysis
                                                  Commerce, 1401 Constitution Avenue                      Elektrik Üretim A.Ş., Habaş Endüstri Tesisleri A.Ş.,   of Programs’’ section of the Issues and
                                                                                                          Habaş Petrol A.Ş., Mertaş Turizm Nakliyat ve             Decision Memorandum.8
                                                  NW., Washington, DC 20230; telephone:
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          Ticaret A.Ş., Cebitaş Demir Çelik Endüstrisi A.Ş.,
                                                  (202) 482–3857.                                         Ege Çelik Endüstrisi Sanayi ve Ticaret A.Ş., and
                                                                                                                                                                        6 See Issues and Decision Memorandum at 5–8.
                                                  SUPPLEMENTARY INFORMATION:                              Osman Sönmez (Inşaat Taahhüt Ticaret).
                                                                                                            5 See Department Memorandum, ‘‘Issues and                   7 See Sections 776(a) and (b) of the Act.
                                                  Background                                              Decision Memorandum for the Final Affirmative                 8 See Issues and Decision Memorandum at 8; see

                                                                                                          Determination in the Countervailing Duty                    also Department Memorandum, ‘‘Steel Concrete
                                                    On March 1, 2017, the Department                      Investigation of Steel Concrete Reinforcing Bar from        Reinforcing Bar from the Republic of Turkey:
                                                  published its affirmative Preliminary                   the Republic of Turkey,’’ May 15, 2017 (Issues and          Calculations for the Final Countervailing Duty
                                                  Determination of this countervailing                    Decision Memorandum).                                       Determination,’’ May 15, 2017.



                                             VerDate Sep<11>2014   23:17 May 19, 2017   Jkt 241001   PO 00000   Frm 00019    Fmt 4703   Sfmt 4703    E:\FR\FM\22MYN1.SGM        22MYN1


                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                 23189

                                                  All-Others Rate                                         (CBP) to continue to suspend                            Dated: May 15, 2017.
                                                    In accordance with section                            liquidation of all appropriate entries of             Ronald K. Lorentzen,
                                                  705(c)(1)(B)(i)(I) of the Act, the                      rebar from Turkey, as described in                    Acting Assistant Secretary for Enforcement
                                                  Department calculated a countervailable                 Appendix I of this notice, which were                 and Compliance.
                                                  subsidy rate for the individually                       entered, or withdrawn from warehouse,                 Appendix I
                                                  investigated exporter/producer of the                   for consumption on or after March 1,
                                                                                                          2017, the date of publication of the                  Scope of the Investigation
                                                  subject merchandise. Consistent with
                                                  sections 705(c)(1)(B)(i)(I) and                         Preliminary Determination.                               The merchandise subject to this
                                                  705(c)(5)(A) of the Act, the Department                 Furthermore, the Department will                      investigation is steel concrete reinforcing bar
                                                                                                                                                                imported in either straight length or coil form
                                                  also calculated an estimated ‘‘all-others’’             instruct CBP to require a cash deposit                (rebar) regardless of metallurgy, length,
                                                  rate for exporters and producers not                    for such entries of merchandise.                      diameter, or grade or lack thereof. Subject
                                                  individually investigated.9 Section                                                                           merchandise includes deformed steel wire
                                                  705(c)(5)(A)(i) of the Act provides that                International Trade Commission                        with bar markings (e.g., mill mark, size, or
                                                  the ‘‘all-others’’ rate shall be an amount              Notification                                          grade) and which has been subjected to an
                                                  equal to the weighted-average of the                                                                          elongation test.
                                                  countervailable subsidy rates                              In accordance with section 705(d) of                  The subject merchandise includes rebar
                                                  established for individually investigated               the Act, we will notify the U.S.                      that has been further processed in the subject
                                                  exporters and producers, excluding any                  International Trade Commission (ITC) of               country or a third country, including but not
                                                                                                          the final affirmative determination of                limited to cutting, grinding, galvanizing,
                                                  rates that are zero or de minimis or any                                                                      painting, coating, or any other processing
                                                  rates determined entirely under section                 countervailable subsidies. Because the
                                                                                                                                                                that would not otherwise remove the
                                                  776 of the Act. Because the weighted-                   final determination in this proceeding is             merchandise from the scope of the
                                                  average countervailable subsidy rate                    affirmative, in accordance with section               investigation if performed in the country of
                                                  calculated for Habas is not zero or de                  705(b) of the Act, the ITC will make its              manufacture of the rebar.
                                                  minimis or based entirely on facts                      final determination as to whether the                    Specifically excluded are plain rounds
                                                  available under section 776 of the Act,                 domestic industry in the United States                (i.e., nondeformed or smooth rebar). Also
                                                  the rate calculated for Habas is the rate               is materially injured, or threatened with             excluded from the scope is deformed steel
                                                                                                                                                                wire meeting ASTM A1064/A1064M with no
                                                  assigned to all other producers and                     material injury, by reason of imports of              bar markings (e.g., mill mark, size, or grade)
                                                  exporters, pursuant to section                          rebar from Turkey no later than 45 days               and without being subject to an elongation
                                                  705(c)(5)(A)(i) of the Act.                             after our final determination. If the ITC             test.
                                                  Final Determination                                     determines that material injury or threat                At the time of the filing of the petition,
                                                                                                          of material injury does not exist, the                there was an existing countervailing duty
                                                     The Department determines the total                  proceeding will be terminated and all                 order on steel reinforcing bar from the
                                                  estimated countervailable subsidy rates                 cash deposits will be refunded. If the
                                                                                                                                                                Republic of Turkey. Steel Concrete
                                                  to be:                                                                                                        Reinforcing Bar From the Republic of Turkey,
                                                                                                          ITC determines that such injury does                  79 FR 65,926 (Dep’t Commerce Nov. 6, 2014)
                                                                                            Subsidy rate  exist, the Department will issue a CVD                (2014 Turkey CVD Order). The scope of this
                                                              Company                                     order directing CBP to assess, upon                   countervailing duty investigation with regard
                                                                                             (percent)
                                                                                                          further instruction by the Department,                to rebar from Turkey covers only rebar
                                                  Habaş Sinai ve Tibbi Gazlar                            countervailing duties on all imports of               produced and/or exported by those
                                                     Istihsal Endüstrisi A.Ş. ...10               16.21                                                       companies that are excluded from the 2014
                                                                                                          the subject merchandise entered, or                   Turkey CVD Order. At the time of the
                                                  All-Others ..............................         16.21
                                                                                                          withdrawn from warehouse, for                         issuance of the 2014 Turkey CVD Order,
                                                  Disclosure                                              consumption on or after the effective                 Habas Sinai ve Tibbi Gazlar Istihsal
                                                                                                          date of the suspension of liquidation, as             Endustrisi A.S. was the only excluded
                                                     In accordance with 19 CFR                            discussed above in the ‘‘Continuation of              Turkish rebar producer or exporter.
                                                  351.224(b), we will disclose the                        Suspension of Liquidation’’ section.                     The subject merchandise is classifiable in
                                                  calculations performed within five days                                                                       the Harmonized Tariff Schedule of the
                                                  of any public announcement of this                      Notification Regarding Administrative                 United States (HTSUS) primarily under item
                                                  notice.                                                 Protective Orders                                     numbers 7213.10.0000, 7214.20.0000, and
                                                                                                                                                                7228.30.8010. The subject merchandise may
                                                  Continuation of Suspension of                             This notice serves as the only                      also enter under other HTSUS numbers
                                                  Liquidation                                             reminder to parties subject to                        including 7215.90.1000, 7215.90.5000,
                                                                                                                                                                7221.00.0017, 7221.00.0018, 7221.00.0030,
                                                    In accordance with section 703(d) of                  administrative protective order (APO) of              7221.00.0045, 7222.11.0001, 7222.11.0057,
                                                  the Act, the Department will instruct                   their responsibility concerning the                   7222.11.0059, 7222.30.0001, 7227.20.0080,
                                                  U.S. Customs and Border Protection                      disposition of proprietary information                7227.90.6030, 7227.90.6035, 7227.90.6040,
                                                                                                          disclosed under APO in accordance                     7228.20.1000, and 7228.60.6000.
                                                    9 The scope of this countervailing duty
                                                                                                          with 19 CFR 351.305(a)(3). Timely                        HTSUS numbers are provided for
                                                  investigation only covers rebar produced and/or                                                               convenience and customs purposes;
                                                  exported by companies excluded from the existing
                                                                                                          written notification of return/
                                                                                                                                                                however, the written description of the scope
                                                  2014 Turkey CVD Order. Currently, only                  destruction of APO materials or                       remains dispositive.
                                                  merchandise produced and exported by Habas is           conversion to judicial protective order is
                                                  excluded from the existing order. Therefore, at this    hereby requested. Failure to comply                   Appendix II
                                                  time, no companies will be subject to the all-others
                                                  rate indicated above, and cash deposits discussed       with the regulations and the terms of an              List of Topics Discussed in the Issues and
mstockstill on DSK30JT082PROD with NOTICES




                                                  below will apply solely to rebar produced and/or        APO is a violation subject to sanction.               Decision Memorandum
                                                  exported by Habas.
                                                    10 This rate applies only to merchandise both           This determination is issued and                    I. Summary
                                                                                                          published in accordance with sections                 II. Background
                                                  produced and exported by Habaş Sinai ve Tibbi
                                                                                                                                                                III. Scope of the Investigation
                                                  Gazlar Istihsal Endüstrisi A.Ş. Merchandise           705(d) and 777(i) of the Act.                         IV. Scope Comments
                                                  produced by Habas, but exported by another
                                                  company, or produced by another company and                                                                   V. Subsidies Valuation
                                                  exported by Habas continues to be covered by the                                                              VI. Use of Facts Otherwise Available and
                                                  2014 Turkey CVD Order.                                                                                              Adverse Inferences



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                                                  23190                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  VII. Analysis of Programs                               antidumping duty administrative review                  document and is on file electronically
                                                  VIII. Discussion of the Issues                          of wire rod from Mexico.1 We invited                    via Enforcement and Compliance’s
                                                    Comment 1: Financial Contribution in AD/              interested parties to comment on our                    Antidumping and Countervailing Duty
                                                       CVD Investigation Assistance Program               Preliminary Results. On January 11,                     Centralized Electronic Service System
                                                    Comment 2: Sales Denominator for Habas
                                                    Comment 3: Rejection of Habas’s February
                                                                                                          2017, the Department received case                      (ACCESS). ACCESS is available to
                                                       2, 2017 Rebuttal Benchmark Submission              briefs from Deacero, and Nucor                          registered users at http://
                                                    Comment 4: Natural Gas Benchmark                      Corporation (Nucor).2 On January 17,                    access.trade.gov and in the Central
                                                    Comment 5: Application of Adverse Facts               2017, interested parties submitted                      Records Unit (CRU), room B8024 of the
                                                       Available for Discovered Program                   rebuttal briefs. On January 20, 2017, the               main Department of Commerce
                                                    Comment 6: Countervailability of                      Department extended the deadline for                    building. In addition, a complete
                                                       Electricity for More Than Adequate                 the final results of this administrative                version of the Issues and Decision
                                                       Remuneration                                       review until May 15, 2017.3 On January                  Memorandum can be accessed directly
                                                  IX. Conclusion                                          31, 2017, the Department held a public                  on the Internet at http://trade.gov/
                                                  [FR Doc. 2017–10505 Filed 5–19–17; 8:45 am]             hearing. The Department conducted this                  enforcement. The signed Issues and
                                                  BILLING CODE 3510–DS–P                                  administrative review in accordance                     Decision Memorandum and the
                                                                                                          with section 751 of the Tariff Act of                   electronic versions of the Issues and
                                                                                                          1930, as amended (the Act).                             Decision Memorandum are identical in
                                                  DEPARTMENT OF COMMERCE                                                                                          content.
                                                                                                          Period of Review
                                                  International Trade Administration                        The POR covered by this review is                     Changes Since the Preliminary Results
                                                  [A–201–830]                                             October 1, 2014, through September 30,                     Based on our analysis of the
                                                                                                          2015.                                                   comments received, we applied total
                                                  Carbon and Certain Alloy Steel Wire                                                                             adverse facts available (AFA) to Deacero
                                                  Rod From Mexico: Final Results of                       Scope of the Order
                                                                                                                                                                  and assigned it the highest margin
                                                  Antidumping Duty Administrative                            The merchandise subject to this order                alleged in the petition, i.e., 40.52
                                                  Review and Final Determination of No                    is carbon and certain alloy steel wire                  percent, as Deacero’s AFA rate. These
                                                  Shipments; 2014–2015                                    rod. The product is currently classified                changes are fully discussed in the Issues
                                                                                                          under the Harmonized Tariff Schedule                    and Decision Memorandum.
                                                  AGENCY:   Enforcement and Compliance,                   of the United States (HTSUS) item
                                                  International Trade Administration,                     numbers 7213.91.3010, 7213.91.3090,                     Final Results of Review
                                                  U.S. Department of Commerce.                            7213.91.4510, 7213.91.4590,                               As a result of this review, we
                                                  SUMMARY: On November 16, 2016, the                      7213.91.6010, 7213.91.6090,                             determine that the following margin
                                                  Department of Commerce (the                             7213.99.0031, 7213.99.0038,                             exists for the POR:
                                                  Department) published the preliminary                   7213.99.0090, 7227.20.0010,
                                                  results of the administrative review of                 7227.20.0020, 7227.20.0090,                                                                    Weighted-
                                                  the antidumping duty order on carbon                                                                                                                    average
                                                                                                          7227.20.0095, 7227.90.6051,                                     Producer/exporter              dumping
                                                  and certain alloy steel wire rod (wire                  7227.90.6053, 7227.90.6058, and                                                                  margin
                                                  rod) from Mexico. The period of review                  7227.90.6059. Although the HTS                                                                 (percent)
                                                  (POR) is October 1, 2014, through                       numbers are provided for convenience
                                                  September 30, 2015, and the review                      and customs purposes, the written                       Deacero S.A.P.I. de C.V ............     40.52
                                                  covers two producers/exporters of                       product description remains
                                                  subject merchandise: ArcelorMittal Las                  dispositive.4                                           Final Determination of No Shipments
                                                  Truchas, S.A. de C.V. (AMLT) and                                                                                  As stated in the Preliminary Results,
                                                  Deacero S.A.P.I. de C.V. (Deacero).                     Analysis of Comments Received
                                                                                                                                                                  AMLT reported that it made no sales of
                                                  Based on our analysis of the comments                     All issues raised in the case and                     subject merchandise during the POR.5
                                                  received, we made certain changes to                    rebuttal briefs by parties to this                      We received no comments from
                                                  our preliminary findings for Deacero.                   proceeding are addressed in the Issues                  interested parties with respect to the
                                                  The final weighted-average dumping                      and Decision Memorandum. A list of                      Department’s preliminary determination
                                                  margin for the reviewed producers/                      the issues that parties raised and to                   of no shipments for AMLT, and we
                                                  exporters are listed below in the section               which we responded is attached to this                  continue to determine that AMLT had
                                                  entitled ‘‘Final Results of Review.’’                   notice as an Appendix. The Issues and                   no reviewable transactions during the
                                                  DATES: Effective May 22, 2017.                          Decision Memorandum is a public                         POR. As noted in the ‘‘Assessment
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                Rates’’ section below, the Department
                                                                                                            1 See Carbon and Certain Alloy Steel Wire Rod
                                                  James Terpstra (for Deacero) and Jolanta                                                                        intends to issue appropriate instructions
                                                                                                          from Mexico: Preliminary Results of Antidumping
                                                  Lawska (for AMLT), AD/CVD                               Duty Administrative Review; 2014–2015, 81 FR            to U.S. Customs and Border Protection
                                                  Operations, Office III, Enforcement and                 80638 (November 16, 2016) (Preliminary Results)         (CBP) for AMLT based on the final
                                                  Compliance, International Trade                         and accompanying Preliminary Decision                   results of this review.
                                                                                                          Memorandum.
                                                  Administration, U.S. Department of                        2 Nucor Corporation (Nucor) is a domestic             Assessment Rates
                                                  Commerce, 1401 Constitution Avenue                      interested party.
                                                  NW., Washington, DC 20230; telephone:                     3 See Memorandum regarding Antidumping Duty
                                                                                                                                                                    Pursuant to section 751(a)(2)(A) of the
                                                  202–482–3965 and 202–482–8362,                          Administrative Review: Carbon and Certain Alloy         Act, and 19 CFR 351.212(b), the
mstockstill on DSK30JT082PROD with NOTICES




                                                  respectively.                                           Steel Wire Rod From Mexico: Extension of Time           Department has determined, and CBP
                                                                                                          Limit for Final Results, dated January 20, 2017.        shall assess, antidumping duties on all
                                                  SUPPLEMENTARY INFORMATION:                                4 See Decision Memorandum for Final Results of
                                                                                                                                                                  appropriate entries of subject
                                                                                                          2014/15 Antidumping Duty Administrative Review:
                                                  Background                                              Carbon and Certain Alloy Steel Wire Rod from
                                                                                                                                                                  merchandise in accordance with the
                                                                                                          Mexico (Issues and Decision Memorandum), dated
                                                    On November 16, 2016, the                             concurrently with and hereby adopted by this               5 See Preliminary Results, 81 FR at 80639, and
                                                  Department published in the Federal                     notice for a complete description of the scope of the   accompanying Preliminary Decision Memorandum
                                                  Register the Preliminary Results of the                 order.                                                  at 2.



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Document Created: 2018-11-08 08:51:01
Document Modified: 2018-11-08 08:51:01
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 May 22, 2017.
ContactKaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3857.
FR Citation82 FR 23188 

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