82_FR_32666 82 FR 32532 - Steel Concrete Reinforcing Bar From the Republic of Turkey and Japan: Amended Final Affirmative Antidumping Duty Determination for the Republic of Turkey and Antidumping Duty Orders

82 FR 32532 - Steel Concrete Reinforcing Bar From the Republic of Turkey and Japan: Amended Final Affirmative Antidumping Duty Determination for the Republic of Turkey and Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 134 (July 14, 2017)

Page Range32532-32534
FR Document2017-14802

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Administration (ITC), the Department is issuing antidumping duty (AD) orders on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) and Japan. In addition, the Department is amending its affirmative final determination for Turkey to correct ministerial errors.

Federal Register, Volume 82 Issue 134 (Friday, July 14, 2017)
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32532-32534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14802]


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

DEPARTMENT OF COMMERCE

International Trade Administration

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


Steel Concrete Reinforcing Bar From the Republic of Turkey and 
Japan: Amended Final Affirmative Antidumping Duty Determination for the 
Republic of Turkey and Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Administration 
(ITC), the Department is issuing antidumping duty (AD) orders on steel 
concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) 
and Japan. In addition, the Department is amending its affirmative 
final determination for Turkey to correct ministerial errors.

DATES: July 14, 2017.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Alex Cipolla at (202) 
482-2371 and (202) 482-4956, respectively (Turkey), or David Lindgren 
at (202) 482-3870 (Japan), AD/CVD Operations, Office VII, Enforcement 
and Compliance, International Trade Administration, Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.210(c), the Department 
published its affirmative final determinations in the less-than-fair-
value (LTFV) investigations of rebar from Turkey and Japan.\1\ On June 
30, 2017, the ITC notified the Department of its final determination 
that an industry in the United States is materially injured by reason 
of LTFV imports of subject merchandise from Turkey and Japan within the 
meaning of 705(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------

    \1\ See Steel Concrete Reinforcing Bar From the Republic of 
Turkey: Final Determination of Sales at Less Than Fair Value, 82 FR 
23192 (May 22, 2017) (Turkey Final Determination); see also Steel 
Concrete Reinforcing Bar From Japan: Final Affirmative Determination 
of Sales at Less Than Fair Value, 82 FR 23195 (May 22, 2017) (Japan 
Final Determination).
    \2\ See Letter from the ITC to the Honorable Ronald Lorentzen, 
June 30, 2017 (Notification of ITC Final Determination); see also 
Steel Concrete Reinforcing Bar from Japan and Turkey, Investigation 
Nos. 701-TA-564 and 731-TA-1388 and 1340 (Final) (June 2017).
---------------------------------------------------------------------------

Scope of the Orders

    The product covered by these orders is rebar from Turkey and Japan. 
For a complete description of the scope of the orders, see the Appendix 
to this notice.

Amendment to Turkey Final Determination

    On May 22, 2017, the Rebar Trade Action Coalition and its 
individual members,\3\ (collectively, the petitioners) alleged that the 
Department made various ministerial errors in the Turkey Final 
Determination with regard to the gross unit price and downstream sales 
used in the margin calculation for respondent Icdas Celik Enerji 
Tersane ve Ulasim Sanayi A.S. (Icdas).\4\ On the same day, respondent 
Haba[scedil] Sinai ve Tibbi Gazlar Istihsal End[uuml]strisi A.[Scedil]. 
(Habas) timely alleged that the Department made a ministerial error in 
the AD cash deposit rate assigned to Habas by not offsetting for export 
subsidies from the concurrent countervailing duty (CVD)

[[Page 32533]]

investigation.\5\ Icdas also made an untimely filing.\6\ In addition, 
the Government of the Republic of Turkey (GOT) submitted a letter 
requesting the Department to take into consideration respondent 
companies concerns.\7\ On June 13, 2017, the Department rejected Icdas' 
untimely filed ministerial error allegation, along with all submissions 
that commented on, or rebutted it.\8\ At the request of the Department, 
the petitioners refiled theirits rebuttal comments to exclude comments 
on Icdas since that filing was removed from the record.\9\
---------------------------------------------------------------------------

    \3\ 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.
    \4\ See Petitioner's 5/22/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey; Clerical Error 
Submission for the Final Determination,'' (May 22, 2017).
    \5\ See Habas' 5/22/2017 Letter, ``Steel Concrete Reinforcing 
Bar from Turkey; Habas: Request for correction of ministerial 
error,'' (May 22, 2017).
    \6\ See Department's 6/12/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Icdas' Ministerial 
Errors & Request to File out of Time,'' (June 12, 2017).
    \7\ See GOT's 5/22/2017 Letter, ``Final Determination in the 
Antidumping Duty Investigation of Steel Concrete Reinforcing Bar 
from the Republic of Turkey,'' (May 22, 2017).
    \8\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Reject and Delete Untimely Submissions from 
Interested Parties,'' (June 13, 2017).
    \9\ See Petitioner's 6/14/2017 Letter, ``Steel Concrete 
Reinforcing Bar from the Republic of Turkey: Reply to Ministerial 
Error Submission,'' (June 14, 2017).
---------------------------------------------------------------------------

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Department considers 
ministerial.\10\
---------------------------------------------------------------------------

    \10\ See section 705(e) of the Act.
---------------------------------------------------------------------------

    The Department reviewed the record and agrees that certain errors 
identified by the petitioner with respect to Icdas constitute 
ministerial errors within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f).\11\ Therefore, pursuant to 19 CFR 351.224(e), the 
Department is amending the Turkey Final Determination to reflect the 
correction of these ministerial errors in the calculation of the final 
margin assigned to Icdas.\12\ In addition, because the ``all-others'' 
rate is based on the margins for Habas and Icdas,\13\ we are revising 
the ``all-others'' rate.\14\
---------------------------------------------------------------------------

    \11\ See Memorandum, ``Amended Final Determination of the 
Antidumping Duty Investigation: Allegations of Ministerial Errors,'' 
July 7, 2017 (Ministerial Error Memorandum) (providing a detailed 
discussion of the alleged ministerial errors).
    \12\ See Ministerial Error Memorandum at 3.
    \13\ See Turkey Final Determination, 82 FR at 23193 (explaining 
the Department's methodology for calculating the ``all-others'' rate 
in this investigation).
    \14\ See Memorandum ``Amended Final Determination Calculation 
for the ``All-Others'' Rate,'' dated July 7, 2017 (Amended All-
Others Rate Memorandum).
---------------------------------------------------------------------------

Antidumping Duty Orders

    In accordance with section 735(d) of the Act, the ITC notified the 
Department of its final determinations in these investigation, in which 
it found that an industry in the United States is materially injured by 
reason of imports of rebar from Turkey and Japan. Therefore, in 
accordance with section 735(c)(2) of the Act, we are issuing these 
antidumping duty orders. Because the ITC determined that imports of 
rebar from Turkey and Japan are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Turkey and Japan, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of rebar from Turkey and Japan. 
Antidumping duties will be assessed on unliquidated entries of rebar 
from Turkey and Japan entered, or withdrawn from warehouse, for 
consumption on or after March 7, 2017, the date of publication of the 
Preliminary Determinations.\15\
---------------------------------------------------------------------------

    \15\ 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); see also Steel Concrete 
Reinforcing Bar From Japan: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, 82 FR 12796 (March 7, 2017).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct CBP to continue to suspend liquidation of all relevant 
entries of rebar from Turkey and Japan, effective the date of 
publication of the ITC's notice of final determination in the Federal 
Register. These instructions suspending liquidation will remain in 
effect until further notice.
    The Department will also instruct CBP to require cash deposits 
equal to the amounts as indicated below, which are adjusted for certain 
countervailable export subsidies, where appropriate, effective the date 
of publication of the ITC's final determination in the Federal 
Register. The relevant all-others rates apply to all producers or 
exporters not specifically listed below.

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages are as 
follows:
---------------------------------------------------------------------------

    \16\ See Ministerial Error Memorandum; see also Memorandum 
``Amended Final Determination Margin Calculation for Icdas Celik 
Enerji Tersane ve Ulasim Sanayi A.S.'' dated July 7, 2017; see also 
Amended All-Others Rate Memorandum.

----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash-deposit
                                                                                     Weighted-         rate
                                                                                      average      (adjusted for
                                                      Exporter/producer               dumping         export
                                                                                   margins  (%)     subsidies)
                                                                                                     \16\  (%)
----------------------------------------------------------------------------------------------------------------
Turkey.....................................  Habas Sinai ve Tibbi Gazlar                    5.39            5.25
                                              Istihsal Endustrisi A.S.                      9.06            8.89
                                             Icdas Celik Enerji Tersane ve                  7.43            7.26
                                              Ulasim Sanayi A.S.
                                             All-Others.........................
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                                    Exporter/producer         dumping
                                                           margins  (%)
------------------------------------------------------------------------
Japan..........................  Jonan Steel Corporation          209.46
                                 Kyoei Steel Ltd........          209.46
                                 All-Others.............          206.43
------------------------------------------------------------------------


[[Page 32534]]

Notification to Interested Parties

    This notice constitutes the antidumping orders with respect to 
rebar from Turkey and Japan, pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: July 10, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise subject to these orders 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 countries 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 these orders 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.

[FR Doc. 2017-14802 Filed 7-13-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                  32532                                   Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Notices

                                                  the Federal Register. These instructions                            At the time of the filing of the petition,        Department of Commerce, 1401
                                                  will remain in effect until further notice.                      there was an existing countervailing duty            Constitution Avenue NW., Washington,
                                                     The Department will also instruct                             order on steel reinforcing bar from the              DC 20230.
                                                  CBP to require cash deposits equal to                            Republic of Turkey. Steel Concrete
                                                                                                                   Reinforcing Bar from the Republic of Turkey,         SUPPLEMENTARY INFORMATION:
                                                  the amounts indicated below, effective
                                                                                                                   79 FR 65,926 (Dep’t Commerce Nov. 6, 2014)
                                                  the date of publication of this amended                          (2014 Turkey CVD Order). The scope of this           Background
                                                  final determination in the Federal                               countervailing duty order with regard to
                                                  Register. At the time of publication,                            rebar from Turkey covers only rebar
                                                                                                                                                                           In accordance with sections 735(d)
                                                  only rebar both produced and exported                            produced and/or exported by those                    and 777(i)(1) of the Tariff Act of 1930,
                                                  by Habas is within the scope of this                             companies that are excluded from the 2014            as amended (the Act) and 19 CFR
                                                  order. Accordingly, no companies are                             Turkey CVD Order. At the time of the                 351.210(c), the Department published
                                                  currently subject to the all-others rate                         issuance of the 2014 Turkey CVD Order,               its affirmative final determinations in
                                                  listed below.                                                    Habas Sinai ve Tibbi Gazlar Istihsal                 the less-than-fair-value (LTFV)
                                                                                                                   Endustrisi A.S. was the only excluded                investigations of rebar from Turkey and
                                                  Subsidy Rates                                                    Turkish rebar producer or exporter.                  Japan.1 On June 30, 2017, the ITC
                                                                                                                      The subject merchandise is classifiable in        notified the Department of its final
                                                    The Department has calculated the
                                                                                                                   the Harmonized Tariff Schedule of the
                                                  following countervailable subsidy rates:                         United States (HTSUS) primarily under item
                                                                                                                                                                        determination that an industry in the
                                                                                                                   numbers 7213.10.0000, 7214.20.0000, and              United States is materially injured by
                                                          Exporter/producer                   Subsidy rate         7228.30.8010. The subject merchandise may            reason of LTFV imports of subject
                                                                                               (percent)           also enter under other HTSUS numbers                 merchandise from Turkey and Japan
                                                                                                                   including 7215.90.1000, 7215.90.5000,                within the meaning of 705(b)(1)(A)(i) of
                                                  Habas Sinai ve Tibbi Gazlar
                                                     Istihsal Endustrisi A.S .......                       15.99
                                                                                                                   7221.00.0017, 7221.00.0018, 7221.00.0030,            the Act.2
                                                                                                                   7221.00.0045, 7222.11.0001, 7222.11.0057,
                                                  All Others ..............................                15.99                                                        Scope of the Orders
                                                                                                                   7222.11.0059, 7222.30.0001, 7227.20.0080,
                                                                                                                   7227.90.6030, 7227.90.6035, 7227.90.6040,
                                                  Notification to Interested Parties                               7228.20.1000, and 7228.60.6000.                         The product covered by these orders
                                                                                                                      HTSUS numbers are provided for                    is rebar from Turkey and Japan. For a
                                                    This notice constitutes the CVD order
                                                                                                                   convenience and customs purposes;                    complete description of the scope of the
                                                  with respect to rebar from Turkey,
                                                                                                                   however, the written description of the scope        orders, see the Appendix to this notice.
                                                  pursuant to section 706(a) of the Act.
                                                                                                                   remains dispositive.
                                                  Interested parties can find a list of CVD                                                                             Amendment to Turkey Final
                                                  orders currently in effect at http://                            [FR Doc. 2017–14803 Filed 7–13–17; 8:45 am]          Determination
                                                  enforcement.trade.gov/stats/                                     BILLING CODE 3510–DS–P
                                                  iastats1.html.                                                                                                           On May 22, 2017, the Rebar Trade
                                                    This order is issued and published in                                                                               Action Coalition and its individual
                                                  accordance with section 706(a) of the                            DEPARTMENT OF COMMERCE                               members,3 (collectively, the petitioners)
                                                  Act and 19 CFR 351.211(b).                                                                                            alleged that the Department made
                                                                                                                   International Trade Administration                   various ministerial errors in the Turkey
                                                    Dated: July 6, 2017.
                                                                                                                   [A–489–829, A–588–876]                               Final Determination with regard to the
                                                  Gary Taverman,
                                                                                                                                                                        gross unit price and downstream sales
                                                  Deputy Assistant Secretary for Antidumping                       Steel Concrete Reinforcing Bar From                  used in the margin calculation for
                                                  and Countervailing Duty Operations,
                                                                                                                   the Republic of Turkey and Japan:                    respondent Icdas Celik Enerji Tersane
                                                  performing the non-exclusive functions and
                                                  duties of the Assistant Secretary for                            Amended Final Affirmative                            ve Ulasim Sanayi A.S. (Icdas).4 On the
                                                  Enforcement and Compliance.                                      Antidumping Duty Determination for                   same day, respondent Habaş Sinai ve
                                                                                                                   the Republic of Turkey and                           Tibbi Gazlar Istihsal Endüstrisi A.Ş.
                                                  Appendix                                                         Antidumping Duty Orders                              (Habas) timely alleged that the
                                                                                                                                                                        Department made a ministerial error in
                                                  Scope of the Order                                               AGENCY:   Enforcement and Compliance,                the AD cash deposit rate assigned to
                                                     The merchandise subject to this order is                      International Trade Administration,                  Habas by not offsetting for export
                                                  steel concrete reinforcing bar imported in                       Department of Commerce.                              subsidies from the concurrent
                                                  either straight length or coil form (rebar)                      SUMMARY: Based on affirmative final
                                                  regardless of metallurgy, length, diameter, or
                                                                                                                                                                        countervailing duty (CVD)
                                                                                                                   determinations by the Department of
                                                  grade or lack thereof. Subject merchandise
                                                  includes deformed steel wire with bar                            Commerce (the Department) and the                      1 See Steel Concrete Reinforcing Bar From the

                                                  markings (e.g., mill mark, size, or grade) and                   International Trade Administration                   Republic of Turkey: Final Determination of Sales at
                                                  which has been subjected to an elongation                        (ITC), the Department is issuing                     Less Than Fair Value, 82 FR 23192 (May 22, 2017)
                                                                                                                   antidumping duty (AD) orders on steel                (Turkey Final Determination); see also Steel
                                                  test.
                                                                                                                                                                        Concrete Reinforcing Bar From Japan: Final
                                                     The subject merchandise includes rebar                        concrete reinforcing bar (rebar) from the            Affirmative Determination of Sales at Less Than
                                                  that has been further processed in the subject                   Republic of Turkey (Turkey) and Japan.               Fair Value, 82 FR 23195 (May 22, 2017) (Japan
                                                  country or a third country, including but not                    In addition, the Department is amending              Final Determination).
                                                  limited to cutting, grinding, galvanizing,                                                                              2 See Letter from the ITC to the Honorable Ronald
                                                                                                                   its affirmative final determination for
                                                  painting, coating, or any other processing                                                                            Lorentzen, June 30, 2017 (Notification of ITC Final
                                                  that would not otherwise remove the                              Turkey to correct ministerial errors.                Determination); see also Steel Concrete Reinforcing
                                                  merchandise from the scope of the order if                       DATES: July 14, 2017.                                Bar from Japan and Turkey, Investigation Nos. 701–
                                                  performed in the country of manufacture of                                                                            TA–564 and 731–TA–1388 and 1340 (Final) (June
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK30JT082PROD with NOTICES




                                                  the rebar.                                                                                                            2017).
                                                                                                                   Myrna Lobo or Alex Cipolla at (202)                    3 The Rebar Trade Action Coalition is comprised
                                                     Specifically excluded are plain rounds
                                                                                                                   482–2371 and (202) 482–4956,                         of Byer Steel Group, Inc., Commercial Metals
                                                  (i.e., nondeformed or smooth rebar). Also
                                                  excluded from the scope is deformed steel                        respectively (Turkey), or David                      Company, Gerdau Ameristeel U.S. Inc., Nucor
                                                                                                                   Lindgren at (202) 482–3870 (Japan), AD/              Corporation, and Steel Dynamics, Inc.
                                                  wire meeting ASTM A1064/A1064M with no                                                                                  4 See Petitioner’s 5/22/2017 Letter, ‘‘Steel
                                                  bar markings (e.g., mill mark, size, or grade)                   CVD Operations, Office VII,                          Concrete Reinforcing Bar from the Republic of
                                                  and without being subject to an elongation                       Enforcement and Compliance,                          Turkey; Clerical Error Submission for the Final
                                                  test.                                                            International Trade Administration,                  Determination,’’ (May 22, 2017).



                                             VerDate Sep<11>2014       17:44 Jul 13, 2017     Jkt 241001    PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\14JYN1.SGM   14JYN1


                                                                                             Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Notices                                                                                          32533

                                                  investigation.5 Icdas also made an                                       the ‘‘all-others’’ rate is based on the                                    unliquidated entries of rebar from
                                                  untimely filing.6 In addition, the                                       margins for Habas and Icdas,13 we are                                      Turkey and Japan entered, or withdrawn
                                                  Government of the Republic of Turkey                                     revising the ‘‘all-others’’ rate.14                                        from warehouse, for consumption on or
                                                  (GOT) submitted a letter requesting the                                                                                                             after March 7, 2017, the date of
                                                                                                                           Antidumping Duty Orders
                                                  Department to take into consideration                                                                                                               publication of the Preliminary
                                                  respondent companies concerns.7 On                                          In accordance with section 735(d) of                                    Determinations.15
                                                  June 13, 2017, the Department rejected                                   the Act, the ITC notified the Department
                                                  Icdas’ untimely filed ministerial error                                  of its final determinations in these                                       Continuation of Suspension of
                                                  allegation, along with all submissions                                   investigation, in which it found that an                                   Liquidation
                                                  that commented on, or rebutted it.8 At                                   industry in the United States is                                              In accordance with section
                                                  the request of the Department, the                                       materially injured by reason of imports                                    735(c)(1)(B) of the Act, the Department
                                                  petitioners refiled theirits rebuttal                                    of rebar from Turkey and Japan.
                                                                                                                                                                                                      will instruct CBP to continue to suspend
                                                  comments to exclude comments on                                          Therefore, in accordance with section
                                                                                                                                                                                                      liquidation of all relevant entries of
                                                  Icdas since that filing was removed from                                 735(c)(2) of the Act, we are issuing these
                                                                                                                                                                                                      rebar from Turkey and Japan, effective
                                                  the record.9                                                             antidumping duty orders. Because the
                                                                                                                                                                                                      the date of publication of the ITC’s
                                                     A ministerial error is defined as an                                  ITC determined that imports of rebar
                                                                                                                                                                                                      notice of final determination in the
                                                  error in addition, subtraction, or other                                 from Turkey and Japan are materially
                                                                                                                                                                                                      Federal Register. These instructions
                                                  arithmetic function, clerical error                                      injuring a U.S. industry, unliquidated
                                                                                                                                                                                                      suspending liquidation will remain in
                                                  resulting from inaccurate copying,                                       entries of such merchandise from
                                                                                                                                                                                                      effect until further notice.
                                                  duplication, or the like, and any other                                  Turkey and Japan, entered or withdrawn
                                                  similar type of unintentional error                                      from warehouse for consumption, are                                           The Department will also instruct
                                                  which the Department considers                                           subject to the assessment of                                               CBP to require cash deposits equal to
                                                  ministerial.10                                                           antidumping duties.                                                        the amounts as indicated below, which
                                                     The Department reviewed the record                                       Therefore, in accordance with section                                   are adjusted for certain countervailable
                                                  and agrees that certain errors identified                                736(a)(1) of the Act, the Department will                                  export subsidies, where appropriate,
                                                  by the petitioner with respect to Icdas                                  direct U.S. Customs and Border                                             effective the date of publication of the
                                                  constitute ministerial errors within the                                 Protection (CBP) to assess, upon further                                   ITC’s final determination in the Federal
                                                  meaning of section 735(e) of the Act and                                 instruction by the Department,                                             Register. The relevant all-others rates
                                                  19 CFR 351.224(f).11 Therefore,                                          antidumping duties equal to the amount                                     apply to all producers or exporters not
                                                  pursuant to 19 CFR 351.224(e), the                                       by which the normal value of the                                           specifically listed below.
                                                  Department is amending the Turkey                                        merchandise exceeds the export price                                       Estimated Weighted-Average Dumping
                                                  Final Determination to reflect the                                       (or constructed export price) of the                                       Margins
                                                  correction of these ministerial errors in                                merchandise, for all relevant entries of
                                                  the calculation of the final margin                                      rebar from Turkey and Japan.                                                 The weighted-average antidumping
                                                  assigned to Icdas.12 In addition, because                                Antidumping duties will be assessed on                                     duty margin percentages are as follows:

                                                                                                                                                                                                                                                       Cash-deposit
                                                                                                                                                                                                                                Weighted-                  rate
                                                                                                                                                                                                                                 average                (adjusted
                                                                                                                                                    Exporter/producer                                                           dumping                 for export
                                                                                                                                                                                                                                 margins               subsidies) 16
                                                                                                                                                                                                                                   (%)                      (%)

                                                  Turkey ..............................................    Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S .................................                                             5.39               5.25
                                                                                                           Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ....................................                                              9.06               8.89
                                                                                                           All-Others ...................................................................................................                    7.43               7.26


                                                                                                                                                                                                                                                        Weighted-
                                                                                                                                                                                                                                                        average
                                                                                                                                                                      Exporter/producer                                                                 dumping
                                                                                                                                                                                                                                                         margins
                                                                                                                                                                                                                                                          (%)

                                                  Japan ........................................................    Jonan Steel Corporation ..............................................................................................                    209.46
                                                                                                                    Kyoei Steel Ltd .............................................................................................................             209.46
                                                                                                                    All-Others .....................................................................................................................          206.43

                                                     5 See Habas’ 5/22/2017 Letter, ‘‘Steel Concrete                          9 See Petitioner’s 6/14/2017 Letter, ‘‘Steel                              14 See Memorandum ‘‘Amended Final

                                                  Reinforcing Bar from Turkey; Habas: Request for                          Concrete Reinforcing Bar from the Republic of                              Determination Calculation for the ‘‘All-Others’’
                                                  correction of ministerial error,’’ (May 22, 2017).                       Turkey: Reply to Ministerial Error Submission,’’                           Rate,’’ dated July 7, 2017 (Amended All-Others Rate
                                                     6 See Department’s 6/12/2017 Letter, ‘‘Steel                          (June 14, 2017).                                                           Memorandum).
                                                                                                                              10 See section 705(e) of the Act.                                         15 See Steel Concrete Reinforcing Bar From the
                                                  Concrete Reinforcing Bar from the Republic of
                                                                                                                              11 See Memorandum, ‘‘Amended Final                                      Republic of Turkey: Preliminary Affirmative
                                                  Turkey: Icdas’ Ministerial Errors & Request to File
                                                  out of Time,’’ (June 12, 2017).                                          Determination of the Antidumping Duty                                      Determination of Sales at Less Than Fair Value, 82
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                                                     7 See GOT’s 5/22/2017 Letter, ‘‘Final
                                                                                                                           Investigation: Allegations of Ministerial Errors,’’                        FR 12791 (March 7, 2017); see also Steel Concrete
                                                                                                                           July 7, 2017 (Ministerial Error Memorandum)                                Reinforcing Bar From Japan: Preliminary
                                                  Determination in the Antidumping Duty                                    (providing a detailed discussion of the alleged                            Affirmative Determination of Sales at Less Than
                                                  Investigation of Steel Concrete Reinforcing Bar from                     ministerial errors).                                                       Fair Value, 82 FR 12796 (March 7, 2017).
                                                  the Republic of Turkey,’’ (May 22, 2017).                                   12 See Ministerial Error Memorandum at 3.                                 16 See Ministerial Error Memorandum; see also
                                                     8 See Memorandum, ‘‘Steel Concrete Reinforcing                           13 See Turkey Final Determination, 82 FR at                             Memorandum ‘‘Amended Final Determination
                                                  Bar from the Republic of Turkey: Reject and Delete                       23193 (explaining the Department’s methodology                             Margin Calculation for Icdas Celik Enerji Tersane ve
                                                  Untimely Submissions from Interested Parties,’’                          for calculating the ‘‘all-others’’ rate in this                            Ulasim Sanayi A.S.’’ dated July 7, 2017; see also
                                                  (June 13, 2017).                                                         investigation).                                                            Amended All-Others Rate Memorandum.



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                                                  32534                            Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Notices

                                                  Notification to Interested Parties                       DEPARTMENT OF COMMERCE                                sensors, and electronic reporting
                                                                                                                                                                 systems into a vessel’s fishing
                                                    This notice constitutes the                            National Oceanic and Atmospheric                      operations. For the groundfish fishery,
                                                  antidumping orders with respect to                       Administration                                        the program designs currently being
                                                  rebar from Turkey and Japan, pursuant                                                                          considered are the ‘‘audit model’’ and
                                                                                                           RIN 0648–XF510
                                                  to section 736(a) of the Act. Interested                                                                       the ‘‘maximized retention model.’’ The
                                                  parties can find a list of antidumping                   Magnuson-Stevens Act Provisions;                      audit model would use EM to verify
                                                  duty orders currently in effect at http://               General Provisions for Domestic                       discards reported by a captain on a
                                                  enforcement.trade.gov/stats/                             Fisheries; Application for Exempted                   vessel trip report (VTR). Under the
                                                  iastats1.html.                                           Fishing Permits                                       maximized retention model, vessels
                                                    These orders are issued and published                                                                        would be required to retain most fish
                                                                                                           AGENCY:  National Marine Fisheries                    species (e.g., allocated groundfish
                                                  in accordance with section 736(a) of the                 Service (NMFS), National Oceanic and                  stocks), but be required to discard other
                                                  Act and 19 CFR 351.211(b).                               Atmospheric Administration (NOAA),                    species, such as those managed by trip
                                                    Dated: July 10, 2017.                                  Commerce.                                             limits (e.g., dogfish) or protected species
                                                  Gary Taverman,                                           ACTION: Notice; request for comments.                 (e.g., Atlantic salmon), and EM would
                                                  Deputy Assistant Secretary for Antidumping                                                                     be used to ensure compliance with
                                                                                                           SUMMARY:    The Assistant Regional                    discarding regulations.
                                                  and Countervailing Duty Operations,
                                                  Performing the non-exclusive functions and
                                                                                                           Administrator for Sustainable Fisheries,                 NMFS has not yet approved EM as a
                                                  duties of the Assistant Secretary for                    Greater Atlantic Region, NMFS, has                    suitable alternative to ASM for the
                                                  Enforcement and Compliance.                              made a preliminary determination that                 groundfish fishery. There are still some
                                                                                                           an Exempted Fishing Permit application                issues that must be resolved; for
                                                  Appendix                                                 submitted by the Cape Cod Commercial                  example, specifying how much video
                                                  Scope of the Orders                                      Fishermen’s Alliance contains all of the              needs to be reviewed to satisfy
                                                                                                           required information and warrants                     monitoring objectives and identifying
                                                     The merchandise subject to these orders is            further consideration. This Exempted                  best practices for species that are
                                                  steel concrete reinforcing bar imported in               Fishing Permit would allow participants               difficult to identify. To address these
                                                  either straight length or coil form (rebar)              to use electronic monitoring systems in               challenges, NMFS has been
                                                  regardless of metallurgy, length, diameter, or           lieu of at-sea monitors in support of a               collaborating with the Cape Cod
                                                  grade or lack thereof. Subject merchandise
                                                                                                           study to develop electronic monitoring                Commercial Fishermen’s Alliance
                                                  includes deformed steel wire with bar
                                                                                                           for the purposes of catch monitoring in               (CCCFA), The Nature Conservancy
                                                  markings (e.g., mill mark, size, or grade) and
                                                                                                           the groundfish fishery. Additionally,                 (TNC), the Gulf of Maine Research
                                                  which has been subjected to an elongation
                                                                                                           vessels would be authorized to access                 Institute, the Maine Coast Fishermen’s
                                                  test.
                                                                                                           portions of groundfish closed areas.                  Association, Ecotrust Canada, and
                                                     The subject merchandise includes rebar
                                                                                                           Regulations under the Magnuson-                       several groundfish sectors since 2015.
                                                  that has been further processed in the subject
                                                  countries or a third country, including but
                                                                                                           Stevens Fishery Conservation and                      NMFS continues to develop an EM
                                                  not limited to cutting, grinding, galvanizing,
                                                                                                           Management Act require publication of                 program with these partners that can be
                                                  painting, coating, or any other processing
                                                                                                           this notification to provide interested               implemented for catch monitoring in
                                                  that would not otherwise remove the                      parties the opportunity to comment on                 the groundfish fishery. In May 2016,
                                                  merchandise from the scope of these orders               applications for proposed Exempted                    NMFS issued EFPs to vessels from the
                                                  if performed in the country of manufacture               Fishing Permits.                                      Georges Bank Cod Fixed Gear Sector,
                                                  of the rebar.                                            DATES: Comments must be received on                   the Maine Coast Community Sector, the
                                                     Specifically excluded are plain rounds                or before July 31, 2017.                              Sustainable Harvest Sector, and
                                                  (i.e., nondeformed or smooth rebar). Also                ADDRESSES: You may submit written
                                                                                                                                                                 Northeast Fishery Sectors 5 and 11,
                                                  excluded from the scope is deformed steel                comments by either of the following                   which allowed them to use EM in lieu
                                                  wire meeting ASTM A1064/A1064M with no                   methods:                                              of at-sea monitors on trips selected for
                                                  bar markings (e.g., mill mark, size, or grade)              • Email: nmfs.gar.efp@noaa.gov.                    ASM, at the 14 percent target observer
                                                  and without being subject to an elongation               Include in the subject line ‘‘CCCFA EM                coverage level. Under the EFP, 100
                                                  test.                                                    EFP.’’                                                percent of the video from these trips are
                                                     The subject merchandise is classifiable in               • Mail: John K. Bullard, Regional                  reviewed and used to identify and
                                                  the Harmonized Tariff Schedule of the                    Administrator, NMFS, Greater Atlantic                 enumerate discards of groundfish
                                                  United States (HTSUS) primarily under item               Regional Fisheries Office, 55 Great                   species. NMFS did not use discarded
                                                  numbers 7213.10.0000, 7214.20.0000, and                                                                        catch reported on the vessel trip report.
                                                                                                           Republic Drive, Gloucester, MA 01930.
                                                  7228.30.8010. The subject merchandise may                                                                      In May 2017, the EFP was renewed to
                                                                                                           Mark the outside of the envelope
                                                  also enter under other HTSUS numbers                                                                           continue efforts to improve the
                                                                                                           ‘‘CCCFA EM EFP.’’
                                                  including 7215.90.1000, 7215.90.5000,                                                                          functionality of EM, refine fish handling
                                                                                                           FOR FURTHER INFORMATION CONTACT:                      protocols, and support future
                                                  7221.00.0017, 7221.00.0018, 7221.00.0030,
                                                                                                           Claire Fitz-Gerald, Fishery Management                implementation of the audit model. The
                                                  7221.00.0045, 7222.11.0001, 7222.11.0057,
                                                                                                           Specialist, 978–281–9255.                             2017 target observer coverage is 16
                                                  7222.11.0059, 7222.30.0001, 7227.20.0080,
                                                  7227.90.6030, 7227.90.6035, 7227.90.6040,                SUPPLEMENTARY INFORMATION:                            percent. However, our partners are
                                                  7228.20.1000, and 7228.60.6000.                          Groundfish sectors are required to                    seeking to expand the use of EM and
                                                                                                           implement and fund an at-sea                          data collection, and requested this new,
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                                                     HTSUS numbers are provided for
                                                  convenience and customs purposes;                        monitoring (ASM) program. A sector is                 additional EFP.
                                                  however, the written description of the scope            allowed to use electronic monitoring                     Under this newest EFP, participants
                                                  remains dispositive.                                     (EM) to satisfy this monitoring                       would be required to use EM on 100
                                                  [FR Doc. 2017–14802 Filed 7–13–17; 8:45 am]
                                                                                                           requirement, provided that NMFS                       percent of their groundfish trips to
                                                                                                           deems the technology sufficient for                   verify regulated groundfish discards,
                                                  BILLING CODE 3510–DS–P
                                                                                                           catch monitoring. EM typically                        and EM would be used to replace at-sea
                                                                                                           incorporates video cameras, gear                      monitors when selected for ASM


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Document Created: 2018-10-24 11:16:07
Document Modified: 2018-10-24 11:16:07
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
DatesJuly 14, 2017.
ContactMyrna Lobo or Alex Cipolla at (202) 482-2371 and (202) 482-4956, respectively (Turkey), or David Lindgren at (202) 482-3870 (Japan), AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 32532 

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