82_FR_23289 82 FR 23192 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

82 FR 23192 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range23192-23195
FR Document2017-10346

The Department of Commerce (the Department) determines that imports of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016. For information on the estimated weighted-average dumping margins of sales at LTFV, 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 23192-23195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10346]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of steel concrete reinforcing bar (rebar) from the Republic of 
Turkey (Turkey) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is July 1, 2015, through June 30, 2016. For information on the 
estimated weighted-average dumping margins of sales at LTFV, see the 
``Final Determination'' section of this notice.

DATES: Effective May 22, 2017.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alex Cipolla, 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) 482-2371 or (202) 482-4956, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary 
Determination of this antidumping duty

[[Page 23193]]

(AD) investigation.\1\ The petitioner in this investigation is the 
Rebar Trade Action Coalition and its individual members.\2\ The 
mandatory respondents in this investigation are Haba[scedil] Sinai ve 
Tibbi Gazlar Istihsal End[uuml]strisi A.[Scedil]. (Habas) and Icdas 
Celik Enerji Tersane ve Ulasim Sanayi A.[Scedil]. (Icdas). Both Habas 
and Icdas 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 Final Issues 
and Decision Memorandum, which is dated concurrently with and hereby 
adopted by this notice.\3\ 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.
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, 82 FR 12791 (March 7, 2017) (Preliminary Determination) 
and accompanying Preliminary Decision Memorandum.
    \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\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Antidumping Duty 
Investigation of Steel Concrete Reinforcing Bar from the Republic of 
Turkey,'' (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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 Comments Received

    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 March 2017, the Department verified the sales and 
cost data reported by Habas and Icdas. We used standard verification 
procedures, including an examination of relevant accounting and 
production 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,\4\ we determine that Icdas withheld necessary information 
with respect to manufacturer of certain home market sales made by 
affiliates 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.\5\ For further 
information, see the ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at 4 and Comment 10.
    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations since 
the Preliminary Determination. These changes are discussed in the 
``Analysis of Programs'' section of the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 735(c)(1)(B)(i)(I) of the Act, the 
Department calculated a dumping margin for the individually 
investigated exporters/producers of the subject merchandise. Consistent 
with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the 
Department also calculated an estimated ``all-others'' rate for 
exporters and producers not individually investigated. Section 
735(c)(5)(A) of the Act provides that the ``all-others'' rate shall be 
an amount equal to the weighted-average of the estimated weighted-
average dumping margins established for individually investigated 
exporters and producers, excluding any margins that are zero or de 
minimis or any margins determined entirely under section 776 of the 
Act. Because the estimated weighted-average dumping margins calculated 
for Habas and Icdas are not zero or de minimis or based entirely on 
facts available under section 776 of the Act, we calculated the all-
others rate using a weighted-average of the dumping margins calculated 
for the mandatory respondents using each company's publicly-ranged 
values for the merchandise under consideration, pursuant to section 
735(c)(5)(A) of the Act.\6\
---------------------------------------------------------------------------

    \6\ With two respondents, we would normally calculate (A) a 
weighted-average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We would compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010); see also Memorandum to the File, ``Steel 
Concrete Reinforcing Bar from the Republic of Turkey: Calculation of 
the Margin for All Others Rate for the Final Determination,'' dated 
May 15, 2017.
---------------------------------------------------------------------------

Final Determination

    The Department determines the estimated weighted-average dumping 
margins to be:

------------------------------------------------------------------------
                                             Estimated     Cash deposit
                                             weighted-     rate adjusted
                 Company                      average       for subsidy
                                          dumping margin    offset(s))
------------------------------------------------------------------------
Habas Sinai ve Tibbi Gazlar Istihsal                5.39            5.18
 Endustrisi A.S.........................
Icdas Celik Enerji Tersane ve Ulasim                8.17            8.00
 Sanayi A.S.............................

[[Page 23194]]

 
All-Others..............................            6.94            6.77
------------------------------------------------------------------------

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 735(c)(1)(B) 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 7, 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. The Department normally adjusts cash deposits 
for estimated antidumping duties by the amount of export subsidies 
countervailed in a companion countervailing duty (CVD) proceeding, when 
CVD provisional measures are in effect. Accordingly, where the 
Department made an affirmative determination for countervailable export 
subsidies, the Department has offset the estimated weighted-average 
dumping margin by the appropriate CVD rate.\7\ Any such adjusted cash 
deposit rate may be found in the ``Final Determination'' section, 
above.
---------------------------------------------------------------------------

    \7\ See Memorandum to the File, ``Antidumping Duty Investigation 
of Steel Concrete Reinforcing Bar from the Republic of Turkey: Final 
Calculation Memorandum for Habas Sinai ve Tibbi Gazlar Istihsal 
Endustrisi A.S.,'' dated concurrently with this Notice; See also 
Memorandum to the File, ``Antidumping Duty Investigation of Steel 
Concrete Reinforcing Bar from the Republic of Turkey: Final Margin 
Calculation for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.,'' 
dated concurrently with this Notice; See also Memorandum to the 
File, ``Antidumping Duty Investigation of Steel Concrete Reinforcing 
Bar from the Republic of Turkey: Final Calculation for the `All 
Others' Rate,'' dated concurrently with this Notice.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) 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 an AD order directing CBP to assess, upon further 
instruction by the Department, antidumping 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 an 
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 notification of the 
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 735(d) and 777(i)(1) 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.
    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 Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Application of Facts Available and Use of Adverse Inferences
VII. Discussion of the Issues
    Comment 1: Whether Respondents' Duty Drawback Adjustment Should 
be Granted as Reported and How to Calculate any Adjustment
    Comment 2: Whether Respondents' Margins Should be Calculated 
Using Quarterly Cost

Habas

    Comment 3: Whether the U.S. Date of Sale is the Contract Date
    Comment 4: Whether the Department Should Impute Interest Expense 
on Zero-Interest Financing Provided by Anadolubank
    Comment 5: Whether Zero-Interest Loans Should be Included in the 
Interest Rate for CREDITH

Icdas

    Comment 6: Whether the Department Should Revise Icdas' Costs 
Consistent with Turkish GAAP

[[Page 23195]]

    Comment 7: Whether the Department Should Revise Icdas' Short-
Length Rebar Cost
    Comment 8: Whether the Department Should Disallow Offsets to 
Icdas' G&A Expenses for Reimbursements Related to Port Services 
Provided to Third Parties
    Comment 9: Whether the Department Should Revise the Manufacturer 
Code Assignments in the Home Market Resellers' Sales File in the 
Comparison Market Program
    Comment 10: Whether the Department Should Apply Partial AFA to 
Icdas with Respect to Missing Manufacturer Codes in the Home Market 
Resellers Sales File
    Comment 11: Whether the Department Should Adjust Normal Value 
for Certain Home Market Movement Expenses
    Comment 12: Whether the Department Should Use the Correct Home 
Market Credit Expense Amount CREDIT2H in its Calculation of Normal 
Value
    Comment 13a: Whether the Department Should Adjust Arten's Sales 
to Exclude VAT
    Comment 13b: Whether the Department Should Adjust Home Market 
Freight Expense for Certain Sales in Order to Eliminate 
Understatement of this Expense Due to Double Counting of VAT
    Comment 14: Whether the Department Should Use the Correct Home 
Market Gross Unite Price Data in its Margin Calculation
    Comment 15: Whether the Department Should Continue to 
Differentiate Between Air and Water Cooled Rebar
    Comment 16: Whether the Department Should Reconsider and Reverse 
its Decision to Refuse to Accept Icdas' Timely and Properly 
Submitted Minor Corrections of February 15, 2017
    Comment 17: Whether the Computer Programming Error Regarding 
Icdas' Ending Period Date for U.S. Sales Should be Corrected
VIII. Recommendation

[FR Doc. 2017-10346 Filed 5-19-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  23192                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                  structure of proteins, and to make                         Docket Number: 17–006. Applicant:                  curable photoresists. The key and
                                                  movies of molecular machines at work.                   The Association of Universities for                   unique features of the instrument
                                                  It is capable of fabricating structures as              Research in Astronomy, 3665 Discovery                 include the highest resolution (150
                                                  small as 0.2 microns on a side, which                   Drive, Boulder, CO 80303. Instrument:                 nanometers) among all commercially
                                                  are not limited to a planar geometry,                   M1 Cell Assembly. Manufacturer:                       available 3D printers and ability to
                                                  using nozzles whose overall size is a                   Advanced Mechanical & Optical                         deposit a wide variety of materials
                                                  few millimeters, with finest detail of 0.5              Systems, NA, Belgium. Intended Use:                   template by transparent polymers. The
                                                  microns. Justification for Duty-Free                    The instrument will be used to study                  high printing resolution enables sub-
                                                  Entry: There are no instruments of the                  the highly dynamic magnetic fields and                micron feature sizes and allows a design
                                                  same general category manufactured in                   plasmas throughout the solar                          freedom for very complex parts with
                                                  the United States. Application accepted                 atmosphere. It will provide the                       internal features otherwise impossible
                                                  by Commissioner of Customs: March 17,                   necessary means to support, shape and                 to produce. Justification for Duty-Free
                                                  2017.                                                   cool the DKIST primary mirror, without                Entry: There are no instruments of the
                                                     Docket Number: 17–004. Applicant:                    which the primary mirror would not                    same general category manufactured in
                                                  Trustees of Tufts College, 200 Boston                   meet the stringent performance                        the United States. Application accepted
                                                  Avenue, Suite 2600, Medford, MA                         characteristics for conducting the                    by Commissioner of Customs: April 24,
                                                  02155–4284. Instrument: Microscopy                      experiments. The instrument will be                   2017.
                                                  Image Acquisition Unit. Manufacturer:                   able to accurately adjust the M1 Mirror
                                                                                                          optical surface by applying arbitrary                 Gregory W. Campbell,
                                                  Phaseview, France. Intended Use: The
                                                                                                          Zernike correction terms to correct for               Director, Subsidies Enforcement, Enforcement
                                                  instrument will be used to produce 3D                                                                         and Compliance.
                                                  images of objects in regular light                      telescope errors in addition to polishing
                                                                                                          errors and M1 Cell Assembly induced                   [FR Doc. 2017–10401 Filed 5–19–17; 8:45 am]
                                                  microscopy, for example, biological
                                                  cells, the surface of teeth, and polymers.              errors. After optics correction, the total            BILLING CODE 3510–DS–P

                                                  The unique and required features                        allowed M1 Mirror optical surface figure
                                                  include an andor camera connected to                    error from all sources other than
                                                                                                          polishing residuals shall be less than 45             DEPARTMENT OF COMMERCE
                                                  piezo driving optical objective, 3–D
                                                  imaging device that uses a liquid-crystal               nm RMS after subtraction of tip tilt and
                                                                                                          focus. Justification for Duty-Free Entry:             International Trade Administration
                                                  focusing technology and so-called Ray
                                                  technology to record 3–D information in                 There are no instruments of the same
                                                                                                          general category manufactured in the                  [A–489–829]
                                                  one shot, and very fast mechanical
                                                  noise-free recording of 3–D images of                   United States. Application accepted by
                                                                                                          Commissioner of Customs: April 24,                    Steel Concrete Reinforcing Bar From
                                                  surfaces and cells. Justification for Duty-                                                                   the Republic of Turkey: Final
                                                  Free Entry: There are no instruments of                 2017.
                                                                                                             Docket Number: 17–007. Applicant:                  Determination of Sales at Less Than
                                                  the same general category manufactured                                                                        Fair Value
                                                                                                          The Association of Universities for
                                                  in the United States. Application
                                                                                                          Research in Astronomy, 3665 Discovery
                                                  accepted by Commissioner of Customs:                                                                          AGENCY:   Enforcement and Compliance,
                                                                                                          Drive, Boulder, CO 80303. Instrument:
                                                  April 3, 2017.                                                                                                International Trade Administration,
                                                                                                          Coating and Cleaning Equipment for the
                                                     Docket Number: 17–005. Applicant:                                                                          Department of Commerce.
                                                                                                          Daniel K. Inouye Solar Telescope.
                                                  Boston University, 110 Cummington                                                                             SUMMARY: The Department of Commerce
                                                                                                          Manufacturer: Advanced Mechanical &
                                                  Mall, ENG 107, Boston, MA 02215.                        Optical Systems, NA, Belgium. Intended                (the Department) determines that
                                                  Instrument: Positioner for a prototype                  Use: The instrument will be used to                   imports of steel concrete reinforcing bar
                                                  Schwarzchild Couder Telescope (pSCT).                   study the highly dynamic magnetic                     (rebar) from the Republic of Turkey
                                                  Manufacturer: DESY-                                     fields and plasmas throughout the solar               (Turkey) are being, or are likely to be,
                                                  DeutchesElektronen-Synchrotron,                         atmosphere. The M1 Wash Platform                      sold in the United States at less than fair
                                                  Germany. Intended Use: The instrument                   shall be capable of capturing washing                 value (LTFV). The period of
                                                  will be used in material science                        effluent and directing it into a                      investigation (POI) is July 1, 2015,
                                                  research, using a fiber laser to induce                 containment system, which shall                       through June 30, 2016. For information
                                                  two-photon polymerization in the target                 include pumping capacity to move the                  on the estimated weighted-average
                                                  material. Through sophisticated                         effluent from the containment system                  dumping margins of sales at LTFV, see
                                                  coordination of an X–Y stage and a                      into AURA supplied containers, as well                the ‘‘Final Determination’’ section of
                                                  galvo-scanner, a structure designed in a                as protect effluent from contaminating                this notice.
                                                  standard CAD tool can be transferred to                 the bottom surface of the M1 Mirror or                DATES: Effective May 22, 2017.
                                                  a cube of photosensitive material in a                  any other surface. Justification for Duty-            FOR FURTHER INFORMATION CONTACT:
                                                  matter of minutes. The instrument is                    Free Entry: There are no instruments of               Myrna Lobo or Alex Cipolla, AD/CVD
                                                  capable of lateral feature sizes for 3D                 the same general category manufactured                Operations, Office VII, Enforcement and
                                                  structures of less than 200 nm, and less                in the United States. Application                     Compliance, International Trade
                                                  than 150 nm for 2D structures. The                      accepted by Commissioner of Customs:                  Administration, U.S. Department of
                                                  instrument is able to fabricate structures              April 24, 2017.                                       Commerce, 1401 Constitution Avenue
                                                  up to 300 mm height with constant high                     Docket Number: 17–008. Applicant:                  NW., Washington, DC 20230; telephone:
                                                  resolution and quality independent of                   UChicago Argonne, 9700 South Cass                     (202) 482–2371 or (202) 482–4956,
                                                  the structure height by means of a dip-                 Avenue, Lemont, IL 60439. Instrument:
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                respectively.
                                                  in-laser lithography technique.                         Multiphoton 3D Lithography System.
                                                  Justification for Duty-Free Entry: There                Manufacturer: Nanoscribe, Germany.                    SUPPLEMENTARY INFORMATION:
                                                  are no instruments of the same general                  Intended Use: The instrument will be                  Background
                                                  category manufactured in the United                     used for rapid fabrication and
                                                  States. Application accepted by                         prototyping of micro and nano sized                     On March 7, 2017, the Department
                                                  Commissioner of Customs: April 24,                      parts by the means of novel technology,               published the Preliminary
                                                  2017.                                                   two-photon polymerization of UV-                      Determination of this antidumping duty


                                             VerDate Sep<11>2014   23:17 May 19, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\22MYN1.SGM   22MYN1


                                                                                        Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                                     23193

                                                  (AD) investigation.1 The petitioner in                           Analysis of Comments Received                                    verification, we made certain changes to
                                                  this investigation is the Rebar Trade                              The issues raised in the case briefs                           the margin calculations since the
                                                  Action Coalition and its individual                              and rebuttal briefs submitted by                                 Preliminary Determination. These
                                                  members.2 The mandatory respondents                              interested parties in this proceeding are                        changes are discussed in the ‘‘Analysis
                                                  in this investigation are Habaş Sinai ve                        discussed in the Issues and Decision                             of Programs’’ section of the Issues and
                                                  Tibbi Gazlar Istihsal Endüstrisi A.Ş.                          Memorandum. A list of the issues raised                          Decision Memorandum.
                                                  (Habas) and Icdas Celik Enerji Tersane                           by parties and responded to by the
                                                  ve Ulasim Sanayi A.Ş. (Icdas). Both                                                                                              All-Others Rate
                                                                                                                   Department in the Issues and Decision
                                                  Habas and Icdas participated in this                             Memorandum is attached at Appendix II                              In accordance with section
                                                  investigation. A complete summary of                             to this notice.                                                  735(c)(1)(B)(i)(I) of the Act, the
                                                  the events that occurred since
                                                                                                                   Verification                                                     Department calculated a dumping
                                                  publication of the Preliminary
                                                  Determination, as well as a full                                   As provided in section 782(i) of the                           margin for the individually investigated
                                                  discussion of the issues raised by parties                       Tariff Act of 1930, as amended (the Act),                        exporters/producers of the subject
                                                  for this final determination, may be                             during March 2017, the Department                                merchandise. Consistent with sections
                                                  found in the Final Issues and Decision                           verified the sales and cost data reported                        735(c)(1)(B)(i)(II) and 735(c)(5) of the
                                                  Memorandum, which is dated                                       by Habas and Icdas. We used standard                             Act, the Department also calculated an
                                                  concurrently with and hereby adopted                             verification procedures, including an                            estimated ‘‘all-others’’ rate for exporters
                                                  by this notice.3 The Issues and Decision                         examination of relevant accounting and                           and producers not individually
                                                  Memorandum is a public document and                              production records, and original source                          investigated. Section 735(c)(5)(A) of the
                                                  is available electronically via                                  documents provided by the                                        Act provides that the ‘‘all-others’’ rate
                                                  Enforcement and Compliance’s                                     respondents.                                                     shall be an amount equal to the
                                                  Antidumping and Countervailing Duty                              Use of Adverse Facts Available                                   weighted-average of the estimated
                                                  Centralized Electronic Service System                                                                                             weighted-average dumping margins
                                                  (ACCESS). Access is available to                                   In making this final determination,                            established for individually investigated
                                                  registered users at http://                                      the Department relied, in part, on facts                         exporters and producers, excluding any
                                                  access.trade.gov and to all parties in the                       available. As discussed in the Issues and                        margins that are zero or de minimis or
                                                  Central Records Unit, Room B–8024 of                             Decision Memorandum,4 we determine
                                                                                                                                                                                    any margins determined entirely under
                                                  the Department’s main building. In                               that Icdas withheld necessary
                                                                                                                   information with respect to                                      section 776 of the Act. Because the
                                                  addition, a complete version of the                                                                                               estimated weighted-average dumping
                                                  Issues and Decision Memorandum can                               manufacturer of certain home market
                                                                                                                   sales made by affiliates during the POI                          margins calculated for Habas and Icdas
                                                  be accessed at http://                                                                                                            are not zero or de minimis or based
                                                  enforcement.trade.gov/frn/. The signed                           and, accordingly, did not act to the best
                                                                                                                   of its ability in responding to the                              entirely on facts available under section
                                                  Issues and Decision Memorandum and                                                                                                776 of the Act, we calculated the all-
                                                  the electronic version are identical in                          Department’s request for information.
                                                                                                                   Therefore, we drew an adverse                                    others rate using a weighted-average of
                                                  content.
                                                                                                                   inference, where appropriate, in                                 the dumping margins calculated for the
                                                  Scope of the Investigation                                       selecting from among the facts                                   mandatory respondents using each
                                                                                                                   otherwise available.5 For further                                company’s publicly-ranged values for
                                                    The scope of the investigation covers                          information, see the ‘‘Use of Facts                              the merchandise under consideration,
                                                  rebar from Turkey. The Department did                            Otherwise Available and Adverse                                  pursuant to section 735(c)(5)(A) of the
                                                  not receive any scope comments and                               Inferences’’ in the accompanying Issues                          Act.6
                                                  has not updated the scope of the                                 and Decision Memorandum.
                                                  investigation since the Preliminary                                                                                               Final Determination
                                                  Determination. For a complete                                    Changes Since the Preliminary
                                                  description of the scope of this                                 Determination                                                      The Department determines the
                                                  investigation, see Appendix I to this                              Based on our analysis of the                                   estimated weighted-average dumping
                                                  notice.                                                          comments received and our findings at                            margins to be:

                                                                                                                                                                                                        Estimated        Cash deposit
                                                                                                                                                                                                        weighted-        rate adjusted
                                                                                                                     Company                                                                             average          for subsidy
                                                                                                                                                                                                        dumping            offset(s))
                                                                                                                                                                                                         margin

                                                  Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. ..............................................................................................           5.39                5.18
                                                  Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. .................................................................................................            8.17                8.00


                                                    1 See Steel Concrete Reinforcing Bar From the                  the Republic of Turkey,’’ (Issues and Decision                   merchandise under consideration. We would
                                                  Republic of Turkey: Preliminary Affirmative                      Memorandum).                                                     compare (B) and (C) to (A) and select the rate closest
                                                  Determination of Sales at Less Than Fair Value, 82                 4 See Issues and Decision Memorandum at 4 and                  to (A) as the most appropriate rate for all other
                                                  FR 12791 (March 7, 2017) (Preliminary                            Comment 10.                                                      companies. See Ball Bearings and Parts Thereof
                                                  Determination) and accompanying Preliminary
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                                                                                                                     5 See sections 776(a) and (b) of the Act.                      From France, Germany, Italy, Japan, and the United
                                                  Decision Memorandum.
                                                    2 The Rebar Trade Action Coalition is comprised
                                                                                                                     6 With two respondents, we would normally                      Kingdom: Final Results of Antidumping Duty
                                                                                                                   calculate (A) a weighted-average of the dumping                  Administrative Reviews, Final Results of Changed-
                                                  of Byer Steel Group, Inc., Commercial Metals
                                                  Company, Gerdau Ameristeel U.S. Inc., Nucor                      margins calculated for the mandatory respondents;                Circumstances Review, and Revocation of an Order
                                                  Corporation, and Steel Dynamics, Inc.                            (B) a simple average of the dumping margins                      in Part, 75 FR 53661, 53663 (September 1, 2010);
                                                    3 See Memorandum, ‘‘Issues and Decision                        calculated for the mandatory respondents; and (C)                see also Memorandum to the File, ‘‘Steel Concrete
                                                  Memorandum for the Final Affirmative                             a weighted-average of the dumping margins                        Reinforcing Bar from the Republic of Turkey:
                                                  Determination in the Antidumping Duty                            calculated for the mandatory respondents using                   Calculation of the Margin for All Others Rate for the
                                                  Investigation of Steel Concrete Reinforcing Bar from             each company’s publicly-ranged values for the                    Final Determination,’’ dated May 15, 2017.



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                                                  23194                                       Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices

                                                                                                                                                                                                                                 Estimated     Cash deposit
                                                                                                                                                                                                                                 weighted-     rate adjusted
                                                                                                                                Company                                                                                           average       for subsidy
                                                                                                                                                                                                                                 dumping         offset(s))
                                                                                                                                                                                                                                  margin

                                                  All-Others .................................................................................................................................................................          6.94            6.77



                                                  Disclosure                                                                  affirmative, in accordance with section                                      limited to cutting, grinding, galvanizing,
                                                                                                                              735(b)(2) of the Act, the ITC will make                                      painting, coating, or any other processing
                                                    In accordance with 19 CFR                                                                                                                              that would not otherwise remove the
                                                  351.224(b), we will disclose the                                            its final determination as to whether the
                                                                                                                              domestic industry in the United States                                       merchandise from the scope of the
                                                  calculations performed within five days                                                                                                                  investigation if performed in the country of
                                                  of any public announcement of this                                          is materially injured, or threatened with
                                                                                                                                                                                                           manufacture of the rebar.
                                                  notice.                                                                     material injury, by reason of imports of                                        Specifically excluded are plain rounds
                                                                                                                              rebar from Turkey no later than 45 days                                      (i.e., nondeformed or smooth rebar). Also
                                                  Continuation of Suspension of                                               after our final determination. If the ITC                                    excluded from the scope is deformed steel
                                                  Liquidation                                                                 determines that material injury or threat                                    wire meeting ASTM A1064/A1064M with no
                                                     In accordance with section                                               of material injury does not exist, the                                       bar markings (e.g., mill mark, size, or grade)
                                                  735(c)(1)(B) of the Act, the Department                                     proceeding will be terminated and all                                        and without being subject to an elongation
                                                  will instruct U.S. Customs and Border                                       cash deposits will be refunded. If the                                       test.
                                                  Protection (CBP) to continue to suspend                                     ITC determines that such injury does                                            The subject merchandise is classifiable in
                                                  liquidation of all appropriate entries of                                   exist, the Department will issue an AD                                       the Harmonized Tariff Schedule of the
                                                  rebar from Turkey, as described in                                          order directing CBP to assess, upon                                          United States (HTSUS) primarily under item
                                                  Appendix I of this notice, which were                                       further instruction by the Department,                                       numbers 7213.10.0000, 7214.20.0000, and
                                                                                                                                                                                                           7228.30.8010. The subject merchandise may
                                                  entered, or withdrawn from warehouse,                                       antidumping duties on all imports of the
                                                                                                                                                                                                           also enter under other HTSUS numbers
                                                  for consumption on or after March 7,                                        subject merchandise entered, or                                              including 7215.90.1000, 7215.90.5000,
                                                  2017, the date of publication of the                                        withdrawn from warehouse, for                                                7221.00.0017, 7221.00.0018, 7221.00.0030,
                                                  Preliminary Determination.                                                  consumption on or after the effective                                        7221.00.0045, 7222.11.0001, 7222.11.0057,
                                                  Furthermore, the Department will                                            date of the suspension of liquidation, as                                    7222.11.0059, 7222.30.0001, 7227.20.0080,
                                                  instruct CBP to require a cash deposit                                      discussed above in the ‘‘Continuation of                                     7227.90.6030, 7227.90.6035, 7227.90.6040,
                                                  for such entries of merchandise. The                                        Suspension of Liquidation’’ section.                                         7228.20.1000, and 7228.60.6000.
                                                  Department normally adjusts cash                                                                                                                            HTSUS numbers are provided for
                                                  deposits for estimated antidumping                                          Notification Regarding Administrative                                        convenience and customs purposes;
                                                  duties by the amount of export subsidies                                    Protective Orders                                                            however, the written description of the scope
                                                  countervailed in a companion                                                  This notice serves as the only                                             remains dispositive.
                                                  countervailing duty (CVD) proceeding,                                       reminder to parties subject to an                                            Appendix II
                                                  when CVD provisional measures are in                                        administrative protective order (APO) of
                                                  effect. Accordingly, where the                                              their responsibility concerning the                                          List of Topics Discussed in the Final Issues
                                                  Department made an affirmative                                              disposition of proprietary information                                       and Decision Memorandum
                                                  determination for countervailable export                                    disclosed under APO in accordance                                            I. Summary
                                                  subsidies, the Department has offset the                                    with 19 CFR 351.305(a)(3). Timely                                            II. Background
                                                  estimated weighted-average dumping                                          notification of the return/destruction of                                    III. Scope of the Investigation
                                                  margin by the appropriate CVD rate.7                                        APO materials or conversion to judicial                                      IV. Scope Comments
                                                                                                                              protective order is hereby requested.                                        V. Changes Since the Preliminary
                                                  Any such adjusted cash deposit rate
                                                                                                                                                                                                                 Determination
                                                  may be found in the ‘‘Final                                                 Failure to comply with the regulations                                       VI. Application of Facts Available and Use of
                                                  Determination’’ section, above.                                             and the terms of an APO is a violation                                             Adverse Inferences
                                                                                                                              subject to sanction.                                                         VII. Discussion of the Issues
                                                  International Trade Commission                                                This determination is issued and
                                                  Notification                                                                                                                                                Comment 1: Whether Respondents’ Duty
                                                                                                                              published in accordance with sections                                              Drawback Adjustment Should be
                                                    In accordance with section 735(d) of                                      735(d) and 777(i)(1) of the Act.                                                   Granted as Reported and How to
                                                  the Act, we will notify the U.S.                                              Dated: May 15, 2017.                                                             Calculate any Adjustment
                                                  International Trade Commission (ITC) of                                                                                                                     Comment 2: Whether Respondents’
                                                                                                                              Ronald K. Lorentzen,
                                                  the final affirmative determination of                                                                                                                         Margins Should be Calculated Using
                                                                                                                              Acting Assistant Secretary for Enforcement                                         Quarterly Cost
                                                  sales at LTFV. Because the final                                            and Compliance.
                                                  determination in this proceeding is                                                                                                                      Habas
                                                                                                                              Appendix I
                                                     7 See Memorandum to the File, ‘‘Antidumping
                                                                                                                                                                                                              Comment 3: Whether the U.S. Date of Sale
                                                                                                                              Scope of the Investigation                                                        is the Contract Date
                                                  Duty Investigation of Steel Concrete Reinforcing Bar
                                                  from the Republic of Turkey: Final Calculation                                 The merchandise subject to this                                              Comment 4: Whether the Department
                                                  Memorandum for Habas Sinai ve Tibbi Gazlar                                  investigation is steel concrete reinforcing bar                                   Should Impute Interest Expense on Zero-
                                                  Istihsal Endustrisi A.S.,’’ dated concurrently with                         imported in either straight length or coil form                                   Interest Financing Provided by
                                                  this Notice; See also Memorandum to the File,                               (rebar) regardless of metallurgy, length,                                         Anadolubank
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                                                  ‘‘Antidumping Duty Investigation of Steel Concrete                          diameter, or grade or lack thereof. Subject                                     Comment 5: Whether Zero-Interest Loans
                                                  Reinforcing Bar from the Republic of Turkey: Final                          merchandise includes deformed steel wire                                          Should be Included in the Interest Rate
                                                  Margin Calculation for Icdas Celik Enerji Tersane ve
                                                                                                                              with bar markings (e.g., mill mark, size, or                                      for CREDITH
                                                  Ulasim Sanayi A.S.,’’ dated concurrently with this
                                                  Notice; See also Memorandum to the File,                                    grade) and which has been subjected to an
                                                                                                                              elongation test.                                                             Icdas
                                                  ‘‘Antidumping Duty Investigation of Steel Concrete
                                                  Reinforcing Bar from the Republic of Turkey: Final                             The subject merchandise includes rebar                                       Comment 6: Whether the Department
                                                  Calculation for the ‘All Others’ Rate,’’ dated                              that has been further processed in the subject                                    Should Revise Icdas’ Costs Consistent
                                                  concurrently with this Notice.                                              country or a third country, including but not                                     with Turkish GAAP



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                                                                                  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices                                                   23195

                                                    Comment 7: Whether the Department                     DATES:    Effective May 22, 2017.                     modification to the Department’s
                                                       Should Revise Icdas’ Short-Length Rebar            FOR FURTHER INFORMATION CONTACT:                      findings in the Final Results.
                                                       Cost                                                                                                        Within fifteen days of publication of
                                                                                                          Kathryn Wallace or Alexander Cipolla,
                                                    Comment 8: Whether the Department
                                                       Should Disallow Offsets to Icdas’ G&A              AD/CVD Operations, Office VII,                        these Amended Final Results, we will
                                                       Expenses for Reimbursements Related to             Enforcement and Compliance,                           instruct U.S. Customs and Border
                                                       Port Services Provided to Third Parties            International Trade Administration,                   Protection to liquidate all unliquidated
                                                    Comment 9: Whether the Department                     U.S. Department of Commerce, 1401                     entries of fresh garlic from the PRC
                                                       Should Revise the Manufacturer Code                Constitution Avenue NW., Washington,                  produced and/or exported by Weifang
                                                       Assignments in the Home Market                     DC 20230: telephone: (202) 482–6251 or                Hongqiao International Logistics Co.,
                                                       Resellers’ Sales File in the Comparison            (202) 482–4956, respectively.                         Ltd., Qingdao Xintianfeng Foods Co.,
                                                       Market Program                                     SUPPLEMENTARY INFORMATION: Following                  Ltd., and Shandong Jinxiang Zhengyang
                                                    Comment 10: Whether the Department                                                                          Import and Export Co., Ltd., and
                                                                                                          the publication of the Final Results,
                                                       Should Apply Partial AFA to Icdas with
                                                       Respect to Missing Manufacturer Codes              Weifang Hongqiao International                        entered, or withdrawn from warehouse,
                                                       in the Home Market Resellers Sales File            Logistics Co., Ltd., Qingdao Xintianfeng              for consumption in the United States
                                                    Comment 11: Whether the Department                    Foods Co., Ltd., and Shandong Jinxiang                during the POR at the assessment rate of
                                                       Should Adjust Normal Value for Certain             Zhengyang Import and Export Co., Ltd.                 $0.00 per kilogram.
                                                       Home Market Movement Expenses                      (collectively, Separate Rate                             We are issuing and publishing these
                                                    Comment 12: Whether the Department                    Respondents) challenged the                           Amended Final Results of review and
                                                       Should Use the Correct Home Market                 Department’s Final Results in the                     notice in accordance with section
                                                       Credit Expense Amount CREDIT2H in its              United States Court of International                  516A(e) of the Act.
                                                       Calculation of Normal Value                        Trade (CIT). In the Final Results, the
                                                    Comment 13a: Whether the Department                                                                           Dated: May 15, 2017.
                                                                                                          Department calculated a de minimis rate
                                                       Should Adjust Arten’s Sales to Exclude                                                                   Ronald K. Lorentzen,
                                                       VAT                                                for the two mandatory respondents, but
                                                                                                          found that averaging the mandatory                    Acting Assistant Secretary for Enforcement
                                                    Comment 13b: Whether the Department                                                                         and Compliance.
                                                       Should Adjust Home Market Freight                  respondents’ de minimis rates would
                                                                                                                                                                [FR Doc. 2017–10350 Filed 5–19–17; 8:45 am]
                                                       Expense for Certain Sales in Order to              not be reasonably reflective of the
                                                       Eliminate Understatement of this                   potential dumping margins of the                      BILLING CODE 3510–DS–P
                                                       Expense Due to Double Counting of VAT              companies not selected for individual
                                                    Comment 14: Whether the Department                    examination.1 The Department found
                                                       Should Use the Correct Home Market                 the Separate Rate Respondents eligible                DEPARTMENT OF COMMERCE
                                                       Gross Unite Price Data in its Margin               for a separate rate, but did not select
                                                       Calculation                                                                                              International Trade Administration
                                                                                                          them for individual examination.2 The
                                                    Comment 15: Whether the Department
                                                       Should Continue to Differentiate                   Department established the dumping
                                                                                                          margin for the Separate Rate                          [A–588–876]
                                                       Between Air and Water Cooled Rebar
                                                    Comment 16: Whether the Department                    Respondents by applying the most
                                                                                                                                                                Steel Concrete Reinforcing Bar From
                                                       Should Reconsider and Reverse its                  recently-calculated rate under this
                                                                                                                                                                Japan: Final Affirmative Determination
                                                       Decision to Refuse to Accept Icdas’                order, which was not affected by the
                                                       Timely and Properly Submitted Minor                                                                      of Sales at Less Than Fair Value
                                                                                                          Department’s zeroing methodology, i.e.,
                                                       Corrections of February 15, 2017                   $1.28 per kilogram, the rate in the 08/               AGENCY:   Enforcement and Compliance,
                                                    Comment 17: Whether the Computer                      09 Garlic NSR.3 The Separate Rate
                                                       Programming Error Regarding Icdas’                                                                       International Trade Administration,
                                                                                                          Respondents challenged the                            U.S. Department of Commerce.
                                                       Ending Period Date for U.S. Sales Should
                                                                                                          Department’s selection of the $1.28 per               SUMMARY: The Department of Commerce
                                                       be Corrected
                                                  VIII. Recommendation                                    kilogram dumping margin.4                             (the Department) determines that
                                                                                                             On April 14, 2017, the United States,              imports of steel concrete reinforcing bar
                                                  [FR Doc. 2017–10346 Filed 5–19–17; 8:45 am]
                                                                                                          the Separate Rate Respondents, and the                (rebar) from Japan are being, or are
                                                  BILLING CODE 3510–DS–P
                                                                                                          petitioner 5 entered into an agreement to             likely to be, sold in the United States at
                                                                                                          settle this dispute. On April 17, 2017,
                                                                                                                                                                less than fair value (LTFV). The period
                                                                                                          the United States, the Separate Rate
                                                  DEPARTMENT OF COMMERCE                                                                                        of investigation (POI) is July 1, 2015,
                                                                                                          Respondents, and the petitioner filed a
                                                                                                                                                                through June 30, 2016. The final
                                                  International Trade Administration                      stipulation for entry of judgment with
                                                                                                                                                                dumping margins of sales at LTFV are
                                                                                                          the CIT. On April 19, 2017, the CIT
                                                                                                                                                                listed below in the ‘‘Final
                                                  [A–570–831]                                             entered judgment by stipulation.
                                                                                                                                                                Determination’’ section of this notice.
                                                                                                          Consistent with the settlement
                                                  Fresh Garlic From the People’s                          agreement and the judgment by                         DATES: Effective May 22, 2017.
                                                  Republic of China: Amended Final                        stipulation, these Amended Final                      FOR FURTHER INFORMATION CONTACT:
                                                  Results of Antidumping Duty                             Results assign each Separate Rate                     David Lindgren, AD/CVD Operations,
                                                  Administrative Review; 2010–2011                        Respondent a $0.00 per kilogram                       Office VII, Enforcement and
                                                  AGENCY:   Enforcement and Compliance,                   dumping margin for the POR. The                       Compliance, International Trade
                                                  International Trade Administration,                     Amended Final Results make no other                   Administration, U.S. Department of
                                                  Department of Commerce.                                                                                       Commerce, 1401 Constitution Avenue
                                                                                                            1 IDM  at 4.                                        NW., Washington, DC 20230; telephone:
                                                  SUMMARY: The Department of Commerce
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                                                                                                            2 IDM  at 3–4.                                      (202) 482–3870.
                                                  (the Department) is amending its final                    3 Final Results, 78 FR at 36169.

                                                  results of the administrative review of                   4 Weifang Hongqiao International Logistics Co.,     SUPPLEMENTARY INFORMATION:
                                                  the antidumping duty order on fresh                     Ltd. et al. v. United States, Consol. Case No. 13–
                                                                                                                                                                Background
                                                  garlic from the People’s Republic of                    00228.
                                                                                                            5 The Fresh Garlic Producers Association and its
                                                  China (PRC) for the period of review is                                                                         On March 7, 2017, the Department
                                                                                                          individual members, Christopher Ranch, LLC, the
                                                  November 1, 2010, through October 31,                   Garlic Company, Valley Garlic, and Vessey and
                                                                                                                                                                published the Preliminary
                                                  2011.                                                   Company, Inc.                                         Determination of this antidumping duty


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Document Created: 2018-11-08 08:49:49
Document Modified: 2018-11-08 08:49:49
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.
ContactMyrna Lobo or Alex Cipolla, 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) 482-2371 or (202) 482-4956, respectively.
FR Citation82 FR 23192 

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