82_FR_27018 82 FR 26907 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014

82 FR 26907 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range26907-26909
FR Document2017-12108

The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of review (POR) is September 15, 2014, through December 31, 2014. This review covers 12 producers/exporters of subject merchandise, two of which the Department selected for individual examination: Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. (Kaptan Demir Companies) (collectively, the mandatory respondents). The ten firms that were not individually examined are included in the chart under the Final Results of Review section, below. We find that the mandatory respondents each received a de minimis net subsidy rate during the POR. See ``Final Results of Review'' section of this notice below for the rates calculated for the companies covered in this review.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26907-26909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12108]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Results and Partial Rescission of Countervailing Duty Administrative 
Review; 2014

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

SUMMARY: The Department of Commerce (the Department) has completed its 
administrative review of the countervailing duty (CVD) order on steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). 
The period of review (POR) is September 15, 2014,

[[Page 26908]]

through December 31, 2014. This review covers 12 producers/exporters of 
subject merchandise, two of which the Department selected for 
individual examination: Icdas Celik Enerji Tersane ve Ulasim Sanayi 
A.S. (Icdas) and Kaptan Demir Celik Endustrisi ve Ticaret A.S. and 
Kaptan Metal Dis Ticaret ve Nakliyat A.S. (Kaptan Demir Companies) 
(collectively, the mandatory respondents). The ten firms that were not 
individually examined are included in the chart under the Final Results 
of Review section, below.
    We find that the mandatory respondents each received a de minimis 
net subsidy rate during the POR. See ``Final Results of Review'' 
section of this notice below for the rates calculated for the companies 
covered in this review.

DATES: Effective June 12, 2017.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (Icdas) and Samuel 
Brummitt (Kaptan Demir Companies), AD/CVD Operations, Office III, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone (202) 482-4793, and (202) 482-7851, respectively.

Scope of the Order

    The scope of the order consists of steel concrete reinforcing bar 
imported in either straight length or coil form (rebar) regardless of 
metallurgy, length, diameter, or grade. The subject merchandise is 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and 
7228.30.8010. The subject merchandise may also enter under other HTSUS 
numbers including 7215.90.1000, 7215.90.5000, 7221.00.0015, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 
7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, and 
7228.60.6000. While HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this Order is 
dispositive.\1\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(the Order). For a full description of the scope of this order see 
Memorandum, ``Decision Memorandum for Final Results of 
Countervailing Duty 2014 Administrative Review: Steel Concrete 
Reinforcing Bar from the Republic of Turkey,'' dated concurrently 
with, and hereby adopted by this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

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

Methodology

    The Department conducted this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\2\ For a full description of the 
methodology underlying all of the Department's conclusions, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

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

Partial Rescission of Review

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

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

    Because there is no evidence on the record of entries of 
merchandise produced by another entity and exported by Habas, or 
entries of merchandise produced by Habas and exported by another 
entity, we determine that Habas is not subject to this administrative 
review. Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding 
the review with respect to Habas.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates for the period September 15, 2014, 
through December 31, 2014:
---------------------------------------------------------------------------

    \5\ The name of Tata Steel UK was incorrectly spelled in the 
Initiation Notice. The company's name was inadvertently listed as 
``Tata Steel U.'' See Initiation Notice, 81 FR at 740.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.........          * 0.01
Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan          * 0.02
 Metal D[inodot][scedil] Ticaret ve Nakliyat A.S........
3212041 Canada Inc......................................            0.00
Acemar International Limited............................            0.00
As Gaz Sinai ve Tibbi Azlar A.S.........................            0.00
Colakoglu Dis Ticaret A.S. (also known as Colakoglu                 0.00
 Disticaret AS).........................................
Colakoglu Metalurji A.S.................................            0.00
Del Industrial Metals...................................            0.00
Izmir Demir Celik Sanayi A.S............................            0.00
Ozkan Demir Celik Sanayi A.S............................            0.00
Tata Steel International (Hong Kong) Limited (also known            0.00
 as Tata Steel International (Hong Kong))...............

[[Page 26909]]

 
Tata Steel UK \5\.......................................           0.00
------------------------------------------------------------------------
* de minimis.

    In accordance with the U.S. Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\6\ we are 
applying to the non-selected companies the rates calculated for the 
mandatory respondents, which are de minimis.
---------------------------------------------------------------------------

    \6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. May 2, 2016).
---------------------------------------------------------------------------

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment and Cash Deposit Requirements

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to U.S. Customs and Border Protection 
(CBP) 15 days after the date of publication of these final results of 
review to liquidate shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after September 15, 
2014, through December 31, 2014, without regard to countervailing 
duties because a de minimis subsidy rate was determined for each of the 
above listed companies.
    The Department also intends to instruct CBP to collect cash 
deposits of zero percent for each company listed on shipments of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all others rate applicable to the company, 
as appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Return or Destruction of Proprietary Information

    This notice also serves as a 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 the return or 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 sanctionable 
violation.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(d)(4) and 19 CFR 351.221(b)(5).

    Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

APPENDIX

List of Topics Discussed in the Issues and Decision Memorandum

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

[FR Doc. 2017-12108 Filed 6-9-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices                                                      26907

                                                    not be in compliance with the terms of                  reached.16 Accordingly, the questions of                sucrose is 5988; and the Chemical Abstracts
                                                    the CVD Agreement, and further, that                    the status of, and compliance, with the                 Service (CAS) Number of sucrose is 57–50–
                                                    the CVD Agreement may no longer be                      CVD Agreement, whether suspension of                    1.
                                                                                                                                                                       Sugar described in the previous paragraph
                                                    meeting all of the statutory                            the CVD Agreement is in the ‘‘public
                                                                                                                                                                    includes products of all polarimeter readings
                                                    requirements, as set forth in sections                  interest,’’ including the availability of               described in various forms, such as raw
                                                    704(c) and (d) of the Act.                              supplies of sugar in the U.S. market, and               sugar, estandar or standard sugar, high
                                                       On February 13, 2017, at the request                 whether ‘‘effective monitoring’’ is                     polarity or semi-refined sugar, special white
                                                    of interested parties ASC, Imperial, and                practicable have been rendered moot                     sugar, refined sugar, brown sugar, edible
                                                    Zucarmex S.A. de C.V. (Zucarmex), the                   because either the CVD Agreement will                   molasses, desugaring molasses, organic raw
                                                    Department initiated an administrative                  be amended and suspension of the                        sugar, and organic refined sugar. Other sugar
                                                    review of the CVD Agreement for the                     investigation will be continued with the                products, such as powdered sugar, colored
                                                                                                                                                                    sugar, flavored sugar, and liquids and syrups
                                                    period January 1, 2016 through                          Department’s issuance of a final
                                                                                                                                                                    that contain 95 percent or more sugar by dry
                                                    December 31, 2016.13                                    amendment to the CVD Agreement, or                      weight are also within the scope of the order.
                                                       On May 1, 2017, the Department                       the CVD Agreement will be terminated,                      The scope of the order does not include (1)
                                                    notified the GOM of its intent to                       per the May 1, 2017 notice of intent to                 sugar imported under the Refined Sugar Re-
                                                    terminate the CVD Agreement pursuant                    terminate, as modified by its June 5,                   Export Programs of the U.S. Department of
                                                    to Section XI.B of the CVD Agreement,                   2017 letter.17 Therefore, the Department                Agriculture; 18 (2) sugar products produced
                                                    unless the parties reached agreement                    is rescinding the 2014–2015 and 2015–                   in Mexico that contain 95 percent or more
                                                                                                            2016 administrative reviews of the CVD                  sugar by dry weight that originated outside
                                                    upon resolution of the outstanding                                                                              of Mexico; (3) inedible molasses (other than
                                                    issues with the current agreement on or                 Agreement.
                                                                                                                                                                    inedible desugaring molasses noted above);
                                                    before June 5, 2016.14 On June 5, 2017,                 Notification to Interested Parties                      (4) beverages; (5) candy; (6) certain specialty
                                                    the Department notified the GOM that it                                                                         sugars; and (7) processed food products that
                                                    was extending the period within which                     This notice serves as the only                        contain sugar (e.g., cereals). Specialty sugars
                                                    to reach an agreement until June 6,                     reminder to parties subject to                          excluded from the scope of the order are
                                                    2017.15                                                 administrative protective order (APO) of                limited to the following: caramelized slab
                                                                                                            their responsibility concerning the                     sugar candy, pearl sugar, rock candy, dragees
                                                    Scope of CVD Agreement                                  disposition of proprietary information                  for cooking and baking, fondant, golden
                                                                                                            disclosed under APO in accordance                       syrup, and sugar decorations.
                                                       The product subject to the CVD                                                                                  Merchandise covered by the CVD
                                                    Agreement is raw and refined sugar of                   with 19 CFR 351.305(a)(3). Timely
                                                                                                                                                                    Agreement is typically imported under the
                                                    all polarimeter readings derived from                   written notification of return/
                                                                                                                                                                    following headings of the HTSUS:
                                                    sugar cane or sugar beets. The covered                  destruction of APO materials or                         1701.12.1000, 1701.12.5000, 1701.13.1000,
                                                    merchandise is classified in the                        conversion to judicial protective order is              1701.13.5000, 1701.14.1000, 1701.14.5000,
                                                    Harmonized Tariff Schedule of the                       hereby requested. Failure to comply                     1701.91.1000, 1701.91.3000, 1701.99.1010,
                                                    United States (HTSUS) at subheadings:                   with the regulations and the terms of an                1701.99.1025, 1701.99.1050, 1701.99.5010,
                                                    1701.12.1000, 1701.12.5000,                             APO is a sanctionable violation.                        1701.99.5025, 1701.99.5050, and
                                                                                                              We are issuing and publishing this                    1702.90.4000. The tariff classification is
                                                    1701.13.1000, 1701.13.5000,                                                                                     provided for convenience and customs
                                                    1701.14.1000, 1701.14.5000,                             notice in accordance with sections
                                                                                                            704(f), 751(a)(1) and 777(i)(1) of the Act.             purposes; however, the written description of
                                                    1701.91.1000, 1701.91.3000,                                                                                     the scope of the order is dispositive.
                                                    1701.99.1010, 1701.99.1025,                               Dated: June 6, 2017.
                                                                                                                                                                    [FR Doc. 2017–12116 Filed 6–9–17; 8:45 am]
                                                    1701.99.1050, 1701.99.5010,                             Ronald K. Lorentzen,
                                                                                                                                                                    BILLING CODE 3510–DS–P
                                                    1701.99.5025, 1701.99.5050, and                         Acting Assistant Secretary for Enforcement
                                                    1702.90.4000.                                           and Compliance.
                                                       See Appendix I for the full                          Appendix I: Scope of the CVD                            DEPARTMENT OF COMMERCE
                                                    description of merchandise covered by                   Agreement
                                                    the CVD Agreement.                                                                                              International Trade Administration
                                                                                                              The product covered by the CVD
                                                    Period of Administrative Reviews                        Agreement is raw and refined sugar of all               [C–489–819]
                                                       The POR of the first administrative                  polarimeter readings derived from sugar cane
                                                                                                            or sugar beets. The chemical sucrose gives              Steel Concrete Reinforcing Bar From
                                                    review is December 19, 2014 through                     sugar its essential character. Sucrose is a             the Republic of Turkey: Final Results
                                                    December 31, 2015 and the POR of the                    nonreducing disaccharide compo15)10sed of               and Partial Rescission of
                                                    second administrative review is January                 glucose and fructose linked by a glycosidic             Countervailing Duty Administrative
                                                    1, 2016 through December 31, 2016.                      bond via their anomeric carbons. The                    Review; 2014
                                                                                                            molecular formula for sucrose is C12H22O11;
                                                    Rescission of Administrative Reviews                    the International Union of Pure and Applied             AGENCY:  Enforcement and Compliance,
                                                      The Department has indicated its                      Chemistry (IUPAC) International Chemical                International Trade Administration,
                                                    intent to terminate the CVD Agreement,                  Identifier (InChl) for sucrose is 1S/                   Department of Commerce.
                                                    unless an amended agreement can be                      C12H22O11/c13-l-4-6(16)8(18)9(19)11(21-                 SUMMARY: The Department of Commerce
                                                                                                            4)23-12(3-15)10(20)7(17)5(2-14)22-12/h4-                (the Department) has completed its
                                                                                                            11,13-20H,1-H2/t4-,5-,6-,7-,8+,9-,10+,11-
                                                      13 See Initiation of Antidumping and
                                                                                                            ,12+/m1/s1; the InChl Key for sucrose is
                                                                                                                                                                    administrative review of the
                                                    Countervailing Duty Administrative Reviews, 82 FR                                                               countervailing duty (CVD) order on steel
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            CZMRCDWAGMRECN-UGDNZRGBSA-N;
                                                    10457 (February 13, 2017) (2015–2016                                                                            concrete reinforcing bar (rebar) from the
                                                    Administrative Review).                                 the U.S. National Institutes of Health
                                                      14 See Letter from Ronald Lorentzen to Aristeo        PubChem Compound Identifier (CID) for                   Republic of Turkey (Turkey). The period
                                                    Lopez, ‘‘Agreement Suspending the Countervailing                                                                of review (POR) is September 15, 2014,
                                                    Duty Investigation on Sugar from Mexico’’ (May 1,          16 See May 1, 2017 letter, as modified by the June

                                                    2017) (May 1, 2017 letter).                             5, 2017 letter.                                           18 This exclusion applies to sugar imported under
                                                      15 See Letter from Ronald Lorentzen to Aristeo           17 See May 1, 2017 Letter. Thus, if no amendment     the Refined Sugar Re-Export Program, the Sugar-
                                                    Lopez, ‘‘Agreement Suspending the Countervailing        is finalized, the administrative reviews will be moot   Containing Products Re-Export Program, and the
                                                    Duty Investigation on Sugar from Mexico’’ (June 5,      for the alternative reason that the CVD Agreement       Polyhydric Alcohol Program administered by the
                                                    2017) (June 5, 2017 letter).                            has been terminated.                                    U.S. Department of Agriculture.



                                               VerDate Sep<11>2014   17:28 Jun 09, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1


                                                    26908                                     Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices

                                                    through December 31, 2014. This review                                    subject merchandise may also enter                                         Act of 1930, as amended (the Act). For
                                                    covers 12 producers/exporters of subject                                  under other HTSUS numbers including                                        each of the subsidy programs found
                                                    merchandise, two of which the                                             7215.90.1000, 7215.90.5000,                                                countervailable, we determine that there
                                                    Department selected for individual                                        7221.00.0015, 7221.00.0030,                                                is a subsidy, i.e., a government-provided
                                                    examination: Icdas Celik Enerji Tersane                                   7221.00.0045, 7222.11.0001,                                                financial contribution that gives rise to
                                                    ve Ulasim Sanayi A.S. (Icdas) and                                         7222.11.0057, 7222.11.0059,                                                a benefit to the recipient, and that the
                                                    Kaptan Demir Celik Endustrisi ve                                          7222.30.0001, 7227.20.0080,                                                subsidy is specific.2 For a full
                                                    Ticaret A.S. and Kaptan Metal Dis                                         7227.90.6085, 7228.20.1000, and                                            description of the methodology
                                                    Ticaret ve Nakliyat A.S. (Kaptan Demir                                    7228.60.6000. While HTSUS                                                  underlying all of the Department’s
                                                    Companies) (collectively, the mandatory                                   subheadings are provided for                                               conclusions, see the Issues and Decision
                                                    respondents). The ten firms that were                                     convenience and customs purposes, the                                      Memorandum.
                                                    not individually examined are included                                    written description of the scope of this
                                                                                                                              Order is dispositive.1                                                     Partial Rescission of Review
                                                    in the chart under the Final Results of
                                                    Review section, below.                                                    Analysis of Comments Received                                                 Entries of merchandise produced and
                                                       We find that the mandatory                                                                                                                        exported by Habas Sinai ve Tibbi Gazlar
                                                    respondents each received a de minimis                                       All issues raised in interested parties’                                Istihsal Endustrisi A.S. (Habas) are not
                                                    net subsidy rate during the POR. See                                      briefs are addressed in the Issues and                                     subject to countervailing duties because
                                                    ‘‘Final Results of Review’’ section of this                               Decision Memorandum. A list of the                                         the Department’s final determination
                                                    notice below for the rates calculated for                                 issues raised by interested parties and to                                 with respect to this producer/exporter
                                                    the companies covered in this review.                                     which we responded in the Issues and                                       combination was negative.3 However, as
                                                                                                                              Decision Memorandum is provided in                                         stated in the Initiation Notice, any
                                                    DATES: Effective June 12, 2017.
                                                                                                                              the Appendix to this notice. The Issues                                    entries of merchandise produced by any
                                                    FOR FURTHER INFORMATION CONTACT:                                          and Decision Memorandum is a public
                                                    Kristen Johnson (Icdas) and Samuel                                                                                                                   other entity and exported by Habas, or
                                                                                                                              document and is on file electronically
                                                    Brummitt (Kaptan Demir Companies),                                                                                                                   produced by Habas and exported by
                                                                                                                              via Enforcement and Compliance’s
                                                    AD/CVD Operations, Office III,                                                                                                                       another entity, are subject to the Order.4
                                                                                                                              Antidumping and Countervailing Duty
                                                    Enforcement and Compliance,                                               Centralized Electronic Service System                                         Because there is no evidence on the
                                                    International Trade Administration,                                       (ACCESS). ACCESS is available to                                           record of entries of merchandise
                                                    U.S. Department of Commerce, 1401                                         registered users at https://                                               produced by another entity and
                                                    Constitution Avenue NW., Washington,                                      access.trade.gov and in the Central                                        exported by Habas, or entries of
                                                    DC 20230; telephone (202) 482–4793,                                       Records Unit, room B8024 of the main                                       merchandise produced by Habas and
                                                    and (202) 482–7851, respectively.                                         Department of Commerce building. In                                        exported by another entity, we
                                                                                                                              addition, a complete version of the                                        determine that Habas is not subject to
                                                    Scope of the Order                                                                                                                                   this administrative review. Therefore,
                                                                                                                              Issues and Decision Memorandum can
                                                       The scope of the order consists of                                     be accessed directly at http://                                            pursuant to 19 CFR 351.213(d)(3), we
                                                    steel concrete reinforcing bar imported                                   enforcement.trade.gov/frn/. The signed                                     are rescinding the review with respect
                                                    in either straight length or coil form                                    and electronic versions of the Issues and                                  to Habas.
                                                    (rebar) regardless of metallurgy, length,                                 Decision Memorandum are identical in                                       Final Results of Review
                                                    diameter, or grade. The subject                                           content.
                                                    merchandise is classifiable in the                                                                                                                     In accordance with 19 CFR
                                                    Harmonized Tariff Schedule of the                                         Methodology                                                                351.221(b)(5), we determine the
                                                    United States (HTSUS) primarily under                                       The Department conducted this                                            following net countervailable subsidy
                                                    item numbers 7213.10.0000,                                                administrative review in accordance                                        rates for the period September 15, 2014,
                                                    7214.20.0000, and 7228.30.8010. The                                       with section 751(a)(1)(A) of the Tariff                                    through December 31, 2014:

                                                                                                                                                                                                                                                         Subsidy rate
                                                                                                                                             Company                                                                                                     ad valorem
                                                                                                                                                                                                                                                          (percent)

                                                    Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ..............................................................................................................................                              * 0.01
                                                    Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal D(ş Ticaret ve Nakliyat A.S .........................................................                                                       * 0.02
                                                    3212041 Canada Inc ...........................................................................................................................................................................                0.00
                                                    Acemar International Limited ...............................................................................................................................................................                  0.00
                                                    As Gaz Sinai ve Tibbi Azlar A.S .........................................................................................................................................................                     0.00
                                                    Colakoglu Dis Ticaret A.S. (also known as Colakoglu Disticaret AS) ................................................................................................                                           0.00
                                                    Colakoglu Metalurji A.S .......................................................................................................................................................................               0.00
                                                    Del Industrial Metals ............................................................................................................................................................................            0.00
                                                    Izmir Demir Celik Sanayi A.S ..............................................................................................................................................................                   0.00
                                                    Ozkan Demir Celik Sanayi A.S ...........................................................................................................................................................                      0.00
                                                    Tata Steel International (Hong Kong) Limited (also known as Tata Steel International (Hong Kong)) .............................................                                                               0.00
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      1 See Steel Concrete Reinforcing Bar from the                             2 See sections 771(5)(B) and (D) of the Act                                4 See Initiation of Antidumping and

                                                    Republic of Turkey: Countervailing Duty Order, 79                         regarding financial contribution; section 771(5)(E)                        Countervailing Duty Administrative Reviews, 81 FR
                                                    FR 65926 (November 6, 2014) (the Order). For a full                       of the Act regarding benefit; and section 771(5A) of                       736, 740 (at footnote 4) (January 7, 2016) (Initiation
                                                    description of the scope of this order see                                the Act regarding specificity.                                             Notice).
                                                    Memorandum, ‘‘Decision Memorandum for Final                                 3 See Steel Concrete Reinforcing Bar from the                              5 The name of Tata Steel UK was incorrectly
                                                    Results of Countervailing Duty 2014 Administrative
                                                    Review: Steel Concrete Reinforcing Bar from the                           Republic of Turkey: Final Affirmative                                      spelled in the Initiation Notice. The company’s
                                                    Republic of Turkey,’’ dated concurrently with, and                        Countervailing Duty Determination Final                                    name was inadvertently listed as ‘‘Tata Steel U.’’
                                                    hereby adopted by this notice (Issues and Decision                        Affirmative Critical Circumstances Determination,                          See Initiation Notice, 81 FR at 740.
                                                    Memorandum).                                                              79 FR 54963, 54964 (September 15, 2014).



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                                                                                              Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices                                                                                             26909

                                                                                                                                                                                                                                                           Subsidy rate
                                                                                                                                              Company                                                                                                      ad valorem
                                                                                                                                                                                                                                                            (percent)

                                                    Tata Steel UK 5 ....................................................................................................................................................................................            0.00
                                                       * de minimis.


                                                      In accordance with the U.S. Court of                                     destruction of APO materials or                                              e. Export Insurance
                                                    Appeals for the Federal Circuit’s                                          conversion to judicial protective order is                                   7. Regional Investment Incentives
                                                    decision in Albemarle Corp. v. United                                      hereby requested. Failure to comply                                          a. Value Added Tax (VAT) and Customs
                                                    States,6 we are applying to the non-                                       with the regulations and the terms of an                                        Duty Exemptions
                                                    selected companies the rates calculated                                    APO is a sanctionable violation.                                             b. Income Tax Reductions
                                                    for the mandatory respondents, which                                          We are issuing and publishing these                                       c. Social Security Support
                                                    are de minimis.                                                            final results of review in accordance                                        d. Land Allocation
                                                                                                                               with sections 751(a)(1) and 777(i)(1) of                                     8. Large-Scale Investment Incentives
                                                    Disclosure                                                                                                                                              a. VAT and Customs Duty Exemptions
                                                                                                                               the Act, 19 CFR 351.213(d)(4) and 19
                                                      We will disclose to the parties in this                                  CFR 351.221(b)(5).                                                           b. Tax Reduction
                                                    proceeding the calculations performed                                                                                                                   c. Income Tax Withholding Allowance
                                                                                                                                 Dated: June 6, 2017.                                                       d. Social Security and Interest Support
                                                    for these final results within five days
                                                                                                                               Ronald K. Lorentzen,                                                         e. Land Allocation
                                                    of the date of publication of this notice
                                                    in the Federal Register.7                                                  Acting Assistant Secretary for Enforcement                                   9. Strategic Investment Incentives
                                                                                                                               and Compliance.                                                              a. VAT and Customs Duty Exemptions
                                                    Assessment and Cash Deposit                                                                                                                             b. Tax Reduction
                                                    Requirements                                                               APPENDIX
                                                                                                                                                                                                            c. Income Tax Withholding Allowance
                                                       In accordance with 19 CFR                                               List of Topics Discussed in the Issues and                                   d. Social Security and Interest Support
                                                                                                                               Decision Memorandum                                                          e. Land Allocation
                                                    351.212(b)(2), the Department intends to
                                                    issue assessment instructions to U.S.                                      I. Summary                                                                   f. VAT Refunds
                                                    Customs and Border Protection (CBP) 15                                     II. Background                                                               10. Incentives for Research & Development
                                                                                                                               III. List of Comments                                                           (R&D) Activities
                                                    days after the date of publication of
                                                                                                                               IV. Scope of the Order                                                       a. Tax Breaks and Other Assistance
                                                    these final results of review to liquidate                                 V. Subsidies Valuation Information
                                                    shipments of subject merchandise                                                                                                                        b. Product Development R&D Support—
                                                                                                                               VI. Analysis of Programs
                                                    entered, or withdrawn from warehouse,                                                                                                                      UFT
                                                                                                                                  A. Programs Determined To Be
                                                    for consumption on or after September                                            Countervailable                                                        11. Regional Development Subsidies
                                                    15, 2014, through December 31, 2014,                                          1. Rediscount Program                                                     a. Provision of Land for LTAR
                                                    without regard to countervailing duties                                       2. Assistance To Offset Costs Related To                                  b. Provision of Electricity for LTAR
                                                    because a de minimis subsidy rate was                                            AD/CVD Investigations                                                  c. Withholding of Income Tax on Wages
                                                    determined for each of the above listed                                       B. Programs Determined To Not Be                                             and Salaries
                                                                                                                                     Countervailable                                                        d. Exemption From Property Tax
                                                    companies.
                                                                                                                                  1. Purchase of Electricity for More Than                                  e. Employers’ Share in Insurance
                                                       The Department also intends to                                                Adequate Remuneration (MTAR)—Sales
                                                    instruct CBP to collect cash deposits of                                                                                                                   Premiums
                                                                                                                                     on the Grid                                                            f. Preferential Tax Benefits for Turkish
                                                    zero percent for each company listed on                                       2. Purchase of Electricity for MTAR—Sales
                                                    shipments of the subject merchandise                                                                                                                       Rebar Producers Located in Free Zones
                                                                                                                                     to Public Buyers
                                                                                                                                                                                                            g. Preferential Lending to Turkish Rebar
                                                    entered or withdrawn from warehouse,                                          C. Program Determined To Not Be
                                                                                                                                                                                                               Producers Located in Free Zones
                                                    for consumption on or after the date of                                          Countervailable For a Respondent
                                                                                                                                  1. Provision of Natural Gas for Less Than                                 h. Exemptions From Foreign Exchange
                                                    publication of the final results of this
                                                                                                                                     Adequate Remuneration (LTAR)                                              Restrictions to Turkish Rebar Producers
                                                    review. For all non-reviewed firms, we
                                                                                                                                  D. Programs Determined To Not Confer                                         Located in Free Zones
                                                    will instruct CBP to collect cash
                                                                                                                                     Countervailable Benefits                                               i. Preferential Rates for Land Rent and
                                                    deposits of estimated countervailing
                                                                                                                                  1. Reduction and Exemption of Licensing                                      Purchase to Turkish Rebar Producers
                                                    duties at the most recent company-                                               Fees for Renewable Resource Power                                         Located in Free Zones
                                                    specific or all others rate applicable to                                        Plants                                                               VII. Analysis of Comments
                                                    the company, as appropriate. These cash                                       2. Investment Incentive Certificates                                      Comment 1: Whether the Purchase of
                                                    deposit requirements, when imposed,                                           E. Programs Determined To Not Be Used                                        Electricity for MTAR Is Countervailable
                                                    shall remain in effect until further                                          1. Purchase of Electricity for MTAR—Sales                                 Comment 2: Whether the Department
                                                    notice.                                                                          via Build-Operate-Own, Build-Operate-
                                                                                                                                                                                                               Should Countervail the Provision of
                                                                                                                                     Transfer, and Transfer of Operating
                                                    Return or Destruction of Proprietary                                                                                                                       Lignite for LTAR
                                                                                                                                     Rights Contracts
                                                    Information                                                                   2. Provision of Lignite for LTAR                                          Comment 3: Whether the Department
                                                                                                                                  3. Purchase of Electricity Generated From                                    Should Countervail the Provision of
                                                      This notice also serves as a reminder                                                                                                                    Natural Gas for LTAR
                                                    to parties subject to administrative                                             Renewable Resources for MTAR
                                                                                                                                  4. Deductions From Taxable Income for                                     Comment 4: Whether the Assistance to
                                                    protective order (APO) of their                                                                                                                            Offset Costs Related to AD/CVD
                                                                                                                                     Export Revenue
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    responsibility concerning the                                                 5. Research and Development Grant                                            Investigation Is Countervailable
                                                    disposition of proprietary information                                           Program                                                                Comment 5: Whether the Department
                                                    disclosed under APO in accordance                                             6. Export Credits, Loans, and Insurance                                      Should Have Required a Response From
                                                    with 19 CFR 351.305(a)(3). Timely                                                From Turk Eximbank                                                        Kaptan Demir’s Cross-Owned Power
                                                    written notification of the return or                                         a. Pre-Shipment Export Credits                                               Producer
                                                                                                                                  b. Foreign Trade Company Export Loans                                   VIII. Conclusion
                                                      6 See Albemarle Corp. v. United States, 821 F.3d                            c. Pre-Export Credits
                                                    1345 (Fed. Cir. May 2, 2016).                                                 d. Short-Term Export Credit Discount                                    [FR Doc. 2017–12108 Filed 6–9–17; 8:45 am]
                                                      7 See 19 CFR 351.224(b).                                                       Program                                                              BILLING CODE 3510–DS–P




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Document Created: 2017-06-10 01:40:40
Document Modified: 2017-06-10 01:40:40
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 June 12, 2017.
ContactKristen Johnson (Icdas) and Samuel Brummitt (Kaptan Demir Companies), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4793, and (202) 482-7851, respectively.
FR Citation82 FR 26907 

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