83_FR_63708 83 FR 63472 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2016

83 FR 63472 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review in Part; 2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 236 (December 10, 2018)

Page Range63472-63474
FR Document2018-26654

The Department of Commerce (Commerce) preliminary determines that producers/exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) received countervailable subsidies during the period of review (POR) January 1 through December 31, 2016. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 236 (Monday, December 10, 2018)
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63472-63474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26654]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind the Review in Part; 2016

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

SUMMARY: The Department of Commerce (Commerce) preliminary determines 
that producers/exporters of steel concrete reinforcing bar (rebar) from 
the Republic of Turkey (Turkey) received countervailable subsidies 
during the period of review (POR) January 1 through December 31, 2016. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2670.

SUPPLEMENTARY INFORMATION: 

Background

    On January 11, 2018, Commerce published a notice of initiation of 
an administrative review of the CVD order on rebar from Turkey.\1\ On 
July 10, 2018, Commerce extended the deadline for the preliminary 
results to December 3, 2018.\2\ Commerce preliminarily determines that 
the mandatory respondents: Colakoglu Dis Ticaret A.S. (COTAS) and 
Colakoglu Metalurji A.S. (Colakoglu Metalurji) (collectively, 
Colakoglu), Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas), 
and Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan Demir) and 
Kaptan Metal Dis Ticaret Ve Nakliyat A.S. (Kaptan Metal) (collectively, 
Kaptan) each received countervailable subsidies during the POR. For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\3\ A list of topics 
discussed in the Preliminary Decision Memorandum is included at the 
Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users

[[Page 63473]]

at http://access.trade.gov and is available to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 1329, 1334 (January 11, 2018); See 
also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 8058, 8067 n.6 (February 23, 2018).
    \2\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results in 
2016 Countervailing Duty Administrative Review,'' dated July 10, 
2018.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Countervailing Duty Administrative Review of and the 
Preliminary Intent to Rescind, in Part: Steel Concrete Reinforcing 
Bar from the Republic of Turkey; 2016,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is steel concrete reinforcing 
bar (rebar) imported in either straight length or coil form regardless 
of metallurgy, length, diameter, or grade. For a complete description 
of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each subsidy program found countervailable, we preliminarily 
find 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.\4\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Intent To Rescind Administrative Review, in Part

    DufEnergy Trading SA (DufEnergy), Duferco Celik Ticaret Limited 
(Duferco), and Ekinciler Demir ve Celik Sanayi A.S. (Ekinciler) timely 
filed no-shipments certifications.\5\ Because there is no evidence on 
the record to indicate that DufEnergy, Duferco, or Ekinciler had 
entries, exports, or sales of subject merchandise to the United States 
during the POR, pursuant to 19 CFR 351.213(d)(3), we intend to rescind 
the review with respect to these companies.
---------------------------------------------------------------------------

    \5\ See DufEnergy's letter, ``Steel Concrete Reinforcing Bar 
from Turkey; No Shipments Letter for DufEnergyTrading SA (formerly 
known as Duferco Investment Services SA),'' dated January 29, 2018; 
Duferco's letter, ``Steel Concrete Reinforcing Bar from Turkey; No 
Shipments Letter for Duferco Celik Ticaret Limited,'' dated January 
29, 2018; and Ekinciler's letter, ``Hot-Rolled Steel Products from 
Turkey (C-489-819): Countervailing Duty Administrative Review (01/
01/16-12/31/16),'' dated January 24, 2018.
---------------------------------------------------------------------------

    Entries of merchandise produced and exported by Habas Sinai ve 
Tibbi Gazlar Istihsal Endustrisi A.S. (Habas) are not subject to 
countervailing duties under this Order because the Commerce's final 
determination with respect to this producer/exporter combination was 
negative.\6\ However, 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 this Order.
---------------------------------------------------------------------------

    \6\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, 79 FR 54963, 
54964 (September 15, 2014).
---------------------------------------------------------------------------

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

Companies Not Selected for Individual Review

    For these preliminary results, Icdas is the sole mandatory 
respondent with a calculated rate above de minimis. Therefore, we are 
assigning Icdas' net countervailable subsidy rate of 1.37 percent ad 
valorem to the 11 remaining non-selected companies, for which an 
individual rate was not calculated. This is consistent with our 
practice,\7\ and in accordance with section 705(c)(5)(A) of the Act.
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    \7\ See, e.g., Certain Pasta from Italy: Final Results of the 
2008 Countervailable Review, 75 FR 37386, 37387 (June 29, 2010).
    \8\ Commerce preliminarily finds the following companies to be 
cross-owned with Icdas: Mardas Marmara Deniz Isletmeciligi A.S., 
Oraysan Insaat Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve 
Sanayi A.S., and Icdas Elektrik Enerjisi Uretim ve Yatirim A.S.
    \9\ Commerce preliminarily finds the following companies to be 
cross-owned with Kaptan: Martas Marmara Ereglisi Liman Tesisleri 
A.S., Aset Madencilik A.S., and Kaptan Is Makinalari Hurda Alim 
Satim Ltd. Sti.
    \10\ Commerce preliminarily finds the following companies to be 
cross-owned with Colakoglu: Demirsan Haddecilik San. Ve Tic. A.S.
---------------------------------------------------------------------------

Preliminary Results of the Review

    We preliminarily find that the net countervailable subsidy rates 
for the period January 1, 2016, through December 31, 2016, are as 
follows:

------------------------------------------------------------------------
               Company                 Subsidy Rate Ad Valorem (percent)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim   1.37
 Sanayi A.S. and its cross-owned
 affiliates \8\.
Kaptan Demir Celik Endustrisi ve       0.22 (de minimis)
 Ticaret A.S. and Kaptan Metal Dis
 Ticaret ve Nakliyat A.S. and their
 cross-owned affiliates \9\.
Colakoglu Dis Ticaret A.S. and         0.04 (de minimis)
 Colakoglu Metalurji A.S. and their
 cross-owned affiliates\10\.
Acemar International Limited.........  1.37
Agir Haddecilik A.S..................  1.37
As Gaz Sinai ve Tibbi Gazlar A.S.....  1.37
Asil Celik Sanayi ve Ticaret A.S.....  1.37
Ege Celik Endustrisi Sanayi ve         1.37
 Ticaret A.S..
Izmir Demir Celik Sanayi A.S.........  1.37
Kocaer Haddecilik Sanayi Ve Ticar L..  1.37
Mettech Metalurji Madencilik           1.37
 Muhendislik Uretim Danismanlik ve
 Ticaret Limited Sirketi.
MMZ Onur Boru Profil A.S.............  1.37
Ozkan Demir Celik Sanayi A.S.........  1.37
Wilmar Europe Trading BV.............  1.37
------------------------------------------------------------------------

Assessment Rates

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

[[Page 63474]]

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above for the reviewed companies, with 
regard to shipments of 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 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.

Disclosure and Public Comment

    We will disclose to the parties in this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of this notice.\11\ Interested parties may submit 
written arguments (case briefs) on the preliminary results within 30 
days of publication of the preliminary results, and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\12\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) Statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\13\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 
351.303 (for general filing requirements).
    \13\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request within 30 days after 
the date of publication of this notice.\14\ Requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If Commerce 
receives a request for a hearing, we will inform parties of the 
scheduled date for the hearing, which will be held at the main 
Department of Commerce building at a time and location to be 
determined.\15\ Parties should confirm by telephone the date, time, and 
location of the hearing.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
---------------------------------------------------------------------------

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

Notification to Interested Parties

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

    Dated: December 3, 2018.
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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Intent to Rescind the 2016 Administrative Review, in Part
    A. DufEnergy Trading SA (DufEnergy); Duferco Celik Ticaret 
Limited (Duferco); and Ekinciler Demir ve Celik Sanayi A.S. 
(Ekinciler)
    B. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas)
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
    A. Allocation Period
    B. Cross-Ownership
    1. Colakoglu
    2. Icdas
    3. Kaptan
    C. Denominators
    D. Loan Benchmarks and Discount Rates
    E. Uncreditworthiness of Icdas Elektrik
VII. Analysis of Programs
    A. Programs Preliminarily Determined To Be Countervailable
    1. Deduction From Taxable Income for Export Revenue
    2. Rediscount Program
    3. Purchase of Electricity Generated from Renewable Resources 
for More Than Adequate Remuneration (MTAR)--Renewable Energy Sources 
Support Mechanism (YEKDEM)
    4. Investment Incentive Certificates
    5. Provision of Natural Gas for LTAR
    B. Programs Preliminarily Determined To Not Be Countervailable
    1. Payments from the Turkish Employers' Association of Metal 
Industries (MESS)--Social Security Premium Support
    2. Payments from MESS--Occupational Health and Safety Support
    3. Preferential Financing From the Industrial Development Bank 
of Turkey (TSKB)
    4. Minimum Wage Support
    C. Programs Preliminarily Determined Not To Confer 
Countervailable Benefits
    1. Inward Processing Regime (IPR)
    2. Regional Investment Incentives
    D. Programs Preliminarily Determined To Provide No Measurable 
Benefit During the POR
    1. Assistance to Offset Costs Related to Antidumping/CVD 
Investigations
    2. Reduction and Exemption of Licensing Fees for Renewable 
Resource Power Plants
    3. Assistance for Participation in Trade Fairs Abroad
    E. Programs Preliminarily Determined To Not Be Used
    1. Provision of Lignite for LTAR
    2. Purchase of Electricity for MTAR--Sales via Build-Operate-
Own, Build-Operate-Transfer, and Transfer of Operating Rights 
Contracts
    3. Research and Development Grant Program
    4. Export Credits, Loans, and Insurance from Turk Eximbank
    5. Large-Scale Investment Incentives
    6. Strategic Investment Incentives
    7. Incentives for Research & Development Activities
    8. Regional Development Subsidies
    9. Comprehensive Investment Incentives
    10. Preferential Financing from the Turkish Development Bank
    11. Liquefied Natural Gas for LTAR
VIII. Conclusion

[FR Doc. 2018-26654 Filed 12-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



     63472                      Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices

     Assessment Rates                                          Dated: November 30, 2018.                           that producers/exporters of steel
                                                             Gary Taverman,                                        concrete reinforcing bar (rebar) from the
        In accordance with 19 CFR                            Deputy Assistant Secretary for Antidumping            Republic of Turkey (Turkey) received
     351.212(b)(2), we intend to issue                       and Countervailing Duty Operations,                   countervailable subsidies during the
     appropriate instructions to U.S.                        performing the non-exclusive functions and            period of review (POR) January 1
     Customs and Border Protection (CBP) 15                  duties of the Assistant Secretary for                 through December 31, 2016. Interested
     days after the date of publication of the               Enforcement and Compliance.                           parties are invited to comment on these
     final results of this review. We will                                                                         preliminary results.
                                                             Appendix
     instruct CBP to liquidate shipments of                                                                        DATES: Applicable December 10, 2018.
     subject merchandise produced and/or                     List of Topics Discussed in the Issues and
                                                             Decision Memorandum                                   FOR FURTHER INFORMATION CONTACT:
     exported by the company listed above,
                                                                                                                   Caitlin Monks, AD/CVD Operations,
     entered, or withdrawn from warehouse,                   I. Summary
                                                             II. Background                                        Office VII, Enforcement and
     for consumption, from January 1, 2016,
                                                             III. Scope of the Order                               Compliance, International Trade
     through December 31, 2016, at the ad
                                                             IV. Use of Facts Otherwise Available and              Administration, U.S. Department of
     valorem rate listed above.                                                                                    Commerce, 1401 Constitution Avenue
                                                                   Adverse Inferences
     Cash Deposit Requirements                               V. Subsidies Valuation Information                    NW, Washington, DC 20230; telephone:
                                                             VI. Benchmarks and Discount Rates                     (202) 482–2670.
       We intend also to instruct CBP to                     VII. Analysis of Programs                             SUPPLEMENTARY INFORMATION:
     collect cash deposits of estimated                      VIII. Analysis of Comments
     countervailing duties in the amount                        Comment 1: Whether to Include or Reject            Background
     shown above for BTIC, on shipments of                         the Russian Benchmark Prices for the
                                                                   Provision of Seamless Tube Steel for
                                                                                                                      On January 11, 2018, Commerce
     subject merchandise entered, or                                                                               published a notice of initiation of an
                                                                   LTAR
     withdrawn from warehouse, for                              Comment 2: If Including the Russian                administrative review of the CVD order
     consumption on or after the date of                           Benchmark Prices, Whether to Use a              on rebar from Turkey.1 On July 10,
     publication of the final results of this                      Weighted Average World Price to                 2018, Commerce extended the deadline
     review. For all non-reviewed firms,                           Calculate the Benchmark                         for the preliminary results to December
     Commerce will instruct CBP to continue                     Comment 3: Whether to Base Benchmark               3, 2018.2 Commerce preliminarily
     to collect cash deposits at the most                          Prices for Billets and Seamless Tube            determines that the mandatory
     recent company-specific or all-others                         Steel on a Basket HTS Provision                 respondents: Colakoglu Dis Ticaret A.S.
     rate applicable to the company, as                         Comment 4: Whether to Average Three
                                                                                                                   (COTAS) and Colakoglu Metalurji A.S.
                                                                   Datasets Rather than Two Datasets for
     appropriate. Accordingly, the cash                            the Benchmark for the Provision of              (Colakoglu Metalurji) (collectively,
     deposit requirements that will be                             Seamless Tube Steel for LTAR                    Colakoglu), Icdas Celik Enerji Tersane
     applied to companies covered by this                       Comment 5: Whether to Use the                      ve Ulasim Sanayi A.S. (Icdas), and
     order, but not examined in this                               Petitioner’s Ocean Freight Data                 Kaptan Demir Celik Endustrisi ve
     administrative review, are those                           Comment 6: Whether to Change the                   Ticaret A.S. (Kaptan Demir) and Kaptan
     established in the most recently                              Electricity Benchmark                           Metal Dis Ticaret Ve Nakliyat A.S.
     completed segment of the proceeding                        Comment 7: Whether to Calculate Separate           (Kaptan Metal) (collectively, Kaptan)
     for each company. These cash deposit                          Subsidy Rates for High-Quality                  each received countervailable subsidies
     requirements, when imposed, shall                             Chromium Molybdenum Alloy Steel                 during the POR. For a complete
                                                                   Billets and Blooms and for Standard
     remain in effect until further notice.                                                                        description of the events that followed
                                                                   Commodity Steel Billets
                                                                Comment 8: Whether to Apply AFA to the             the initiation of this review, see the
     Administrative Protective Order
                                                                   Export Buyer’s Credit Program                   Preliminary Decision Memorandum.3 A
       This notice also serves as a final                       Comment 9: Whether Commerce Properly               list of topics discussed in the
     reminder to parties subject to an                             Applied the AFA Hierarchy to the Export         Preliminary Decision Memorandum is
     administrative protective order (APO) of                      Buyer’s Credit Program                          included at the Appendix to this notice.
     their responsibilities concerning the                      Comment 10: Whether to Use BTIC’s                  The Preliminary Decision Memorandum
                                                                   Updated Spreadsheet to Calculate the            is a public document and is on file
     return or destruction of proprietary
                                                                   Other Subsidies                                 electronically via Enforcement and
     information disclosed under APO in                      IX. Conclusion
     accordance with 19 CFR 351.305(a)(3),                                                                         Compliance’s Antidumping and
     which continues to govern business                      [FR Doc. 2018–26651 Filed 12–7–18; 8:45 am]           Countervailing Duty Centralized
     proprietary information in this segment                 BILLING CODE 3510–DS–P                                Electronic Service System (ACCESS).
     of the proceeding. Timely written                                                                             ACCESS is available to registered users
     notification of the return or destruction
                                                             DEPARTMENT OF COMMERCE                                  1 See Initiation of Antidumping and
     of APO materials, or conversion to                                                                            Countervailing Duty Administrative Reviews, 83 FR
     judicial protective order, is hereby                    International Trade Administration                    1329, 1334 (January 11, 2018); See also Initiation of
     requested. Failure to comply with the                                                                         Antidumping and Countervailing Duty
     regulations and terms of an APO is a                    [C–489–819]                                           Administrative Reviews, 83 FR 8058, 8067 n.6
                                                                                                                   (February 23, 2018).
     violation which is subject to sanction.
                                                             Steel Concrete Reinforcing Bar From                     2 See Memorandum, ‘‘Steel Concrete Reinforcing

       These final results are issued and                    the Republic of Turkey: Preliminary                   Bar from the Republic of Turkey: Extension of
     published in accordance with sections                                                                         Deadline for Preliminary Results in 2016
                                                             Results of Countervailing Duty                        Countervailing Duty Administrative Review,’’ dated
     751(a)(1) and 777(i)(1) of the Act.                     Administrative Review and Intent To                   July 10, 2018.
                                                             Rescind the Review in Part; 2016                        3 See Memorandum, ‘‘Decision Memorandum for
        5 As discussed in the Preliminary Decision                                                                 the Preliminary Results of Countervailing Duty
     Memorandum, we have found the following                 AGENCY:  Enforcement and Compliance,                  Administrative Review of and the Preliminary
     companies to be cross-owned with BTIC: Tianjin          International Trade Administration,                   Intent to Rescind, in Part: Steel Concrete
     Tianhai High Pressure Container Co., Ltd.; Langfang     Department of Commerce.                               Reinforcing Bar from the Republic of Turkey;
     Tianhai High Pressure Container Co., Ltd.; Beijing                                                            2016,’’ dated concurrently with, and hereby
     Jingcheng Machinery Electric Holding Co., Ltd.; and     SUMMARY: The Department of Commerce                   adopted by, this notice (Preliminary Decision
     Beijing Jingcheng Machinery Electric Co., Ltd.          (Commerce) preliminary determines                     Memorandum).



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                                         Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices                                                                                         63473

     at http://access.trade.gov and is                                         methodology underlying our                                                exported by Habas, or entries of
     available to all parties in the Central                                   conclusions, see the Preliminary                                          merchandise produced by Habas and
     Records Unit, Room B8024 of the main                                      Decision Memorandum.                                                      exported by another entity, we
     Department of Commerce building. In                                                                                                                 preliminarily determine that Habas is
                                                                               Intent To Rescind Administrative
     addition, a complete version of the                                                                                                                 not subject to this administrative
                                                                               Review, in Part
     Preliminary Decision Memorandum can                                                                                                                 review. Therefore, pursuant to 19 CFR
     be accessed directly at http://                                              DufEnergy Trading SA (DufEnergy),                                      351.213(d)(3), we intend to rescind the
     enforcement.trade.gov/frn/. The signed                                    Duferco Celik Ticaret Limited (Duferco),                                  review with respect to Habas. A final
     and electronic versions of the                                            and Ekinciler Demir ve Celik Sanayi                                       decision on whether to rescind the
     Preliminary Decision Memorandum are                                       A.S. (Ekinciler) timely filed no-                                         review of DufEnergy, Duferco, Ekinciler,
     identical in content.                                                     shipments certifications.5 Because there                                  and Habas will be made in the final
                                                                               is no evidence on the record to indicate                                  results of this administrative review.
     Scope of the Order                                                        that DufEnergy, Duferco, or Ekinciler
        The merchandise covered by the order                                   had entries, exports, or sales of subject                                 Companies Not Selected for Individual
     is steel concrete reinforcing bar (rebar)                                 merchandise to the United States during                                   Review
     imported in either straight length or coil                                the POR, pursuant to 19 CFR
                                                                               351.213(d)(3), we intend to rescind the                                      For these preliminary results, Icdas is
     form regardless of metallurgy, length,
                                                                               review with respect to these companies.                                   the sole mandatory respondent with a
     diameter, or grade. For a complete
                                                                                  Entries of merchandise produced and                                    calculated rate above de minimis.
     description of the scope, see the
                                                                               exported by Habas Sinai ve Tibbi Gazlar                                   Therefore, we are assigning Icdas’ net
     Preliminary Decision Memorandum.
                                                                               Istihsal Endustrisi A.S. (Habas) are not                                  countervailable subsidy rate of 1.37
     Methodology                                                               subject to countervailing duties under                                    percent ad valorem to the 11 remaining
       Commerce is conducting this                                             this Order because the Commerce’s final                                   non-selected companies, for which an
     administrative review in accordance                                       determination with respect to this                                        individual rate was not calculated. This
     with section 751(a)(1)(A) of the Tariff                                   producer/exporter combination was                                         is consistent with our practice,7 and in
     Act of 1930, as amended (the Act). For                                    negative.6 However, any entries of                                        accordance with section 705(c)(5)(A) of
     each subsidy program found                                                merchandise produced by any other                                         the Act.
     countervailable, we preliminarily find                                    entity and exported by Habas or                                           Preliminary Results of the Review
     that there is a subsidy, i.e., a                                          produced by Habas and exported by
     government-provided financial                                             another entity are subject to this Order.                                   We preliminarily find that the net
     contribution that gives rise to a benefit                                    Because there is no evidence on the                                    countervailable subsidy rates for the
     to the recipient, and that the subsidy is                                 record of entries of merchandise                                          period January 1, 2016, through
     specific.4 For a full description of the                                  produced by another entity and                                            December 31, 2016, are as follows:

                                                                                                                                                                                                  Subsidy Rate
                                                                                        Company                                                                                                    Ad Valorem
                                                                                                                                                                                                    (percent)

     Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. and its cross-owned affiliates 8 ...............................................................                                        1.37
     Kaptan Demir Celik Endustrisi ve Ticaret A.S. and Kaptan Metal Dis Ticaret ve Nakliyat A.S. and their cross-owned affili-                                                                0.22 (de minimis)
       ates 9.
     Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S. and their cross-owned affiliates10 .................................................                                             0.04 (de minimis)
     Acemar International Limited ...................................................................................................................................................         1.37
     Agir Haddecilik A.S. .................................................................................................................................................................   1.37
     As Gaz Sinai ve Tibbi Gazlar A.S. ..........................................................................................................................................             1.37
     Asil Celik Sanayi ve Ticaret A.S. .............................................................................................................................................          1.37
     Ege Celik Endustrisi Sanayi ve Ticaret A.S. ...........................................................................................................................                  1.37
     Izmir Demir Celik Sanayi A.S. .................................................................................................................................................          1.37
     Kocaer Haddecilik Sanayi Ve Ticar L ......................................................................................................................................               1.37
     Mettech Metalurji Madencilik Muhendislik Uretim Danismanlik ve Ticaret Limited Sirketi .....................................................                                             1.37
     MMZ Onur Boru Profil A.S. .....................................................................................................................................................          1.37
     Ozkan Demir Celik Sanayi A.S. ..............................................................................................................................................             1.37
     Wilmar Europe Trading BV ......................................................................................................................................................          1.37



     Assessment Rates                                                          results, Commerce shall determine, and                                    this review. We intend to issue
                                                                               U.S. Customs and Border Protection                                        instructions to CBP 15 days after
       Consistent with section 751(a)(2)(C) of                                 (CBP) shall assess, countervailing duties                                 publication of the final results of this
     the Act, upon issuance of the final                                       on all appropriate entries covered by                                     review.
       4 See sections 771(5)(B) and (D) of the Act                             Duty Administrative Review (01/01/16–12/31/16),’’                         Marmara Deniz Isletmeciligi A.S., Oraysan Insaat
     regarding financial contribution; section 771(5)(E)                       dated January 24, 2018.                                                   Sanayi ve Ticaret A.S., Artmak Denizcilik Ticaret ve
     of the Act regarding benefit; and section 771(5A) of                        6 See Steel Concrete Reinforcing Bar from the                           Sanayi A.S., and Icdas Elektrik Enerjisi Uretim ve
     the Act regarding specificity.                                            Republic of Turkey: Final Affirmative                                     Yatirim A.S.
       5 See DufEnergy’s letter, ‘‘Steel Concrete
                                                                               Countervailing Duty Determination and Final                                 9 Commerce preliminarily finds the following
     Reinforcing Bar from Turkey; No Shipments Letter                          Affirmative Critical Circumstances Determination,                         companies to be cross-owned with Kaptan: Martas
     for DufEnergyTrading SA (formerly known as
                                                                               79 FR 54963, 54964 (September 15, 2014).                                  Marmara Ereglisi Liman Tesisleri A.S., Aset
     Duferco Investment Services SA),’’ dated January
     29, 2018; Duferco’s letter, ‘‘Steel Concrete
                                                                                 7 See, e.g., Certain Pasta from Italy: Final Results                    Madencilik A.S., and Kaptan Is Makinalari Hurda
     Reinforcing Bar from Turkey; No Shipments Letter                          of the 2008 Countervailable Review, 75 FR 37386,                          Alim Satim Ltd. Sti.
     for Duferco Celik Ticaret Limited,’’ dated January                        37387 (June 29, 2010).                                                      10 Commerce preliminarily finds the following

     29, 2018; and Ekinciler’s letter, ‘‘Hot-Rolled Steel                        8 Commerce preliminarily finds the following                            companies to be cross-owned with Colakoglu:
     Products from Turkey (C–489–819): Countervailing                          companies to be cross-owned with Icdas: Mardas                            Demirsan Haddecilik San. Ve Tic. A.S.



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     63474                       Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices

     Cash Deposit Requirements                                 Unless the deadline is extended                       1. Inward Processing Regime (IPR)
                                                             pursuant to section 751(a)(3)(A) of the                 2. Regional Investment Incentives
       Pursuant to section 751(a)(1) of the                                                                          D. Programs Preliminarily Determined To
     Act, Commerce intends to instruct CBP                   Act, Commerce intends to issue the final
                                                                                                                        Provide No Measurable Benefit During
     to collect cash deposits of estimated                   results of this administrative review,
                                                                                                                        the POR
     countervailing duties in the amount                     including the results of our analysis of                1. Assistance to Offset Costs Related to
     indicated above for the reviewed                        the issues raised by parties in their                      Antidumping/CVD Investigations
     companies, with regard to shipments of                  comments, within 120 days after                         2. Reduction and Exemption of Licensing
     subject merchandise entered, or                         publication of these preliminary results.                  Fees for Renewable Resource Power
     withdrawn from warehouse, for                                                                                      Plants
                                                             Notification to Interested Parties                      3. Assistance for Participation in Trade
     consumption on or after the date of                                                                                Fairs Abroad
     publication of the final results of this                  These preliminary results of review
                                                             are issued and published in accordance                  E. Programs Preliminarily Determined To
     review. For all non-reviewed firms, we                                                                             Not Be Used
     will instruct CBP to collect cash                       with sections 751(a)(1) and 777(i)(1) of
                                                                                                                     1. Provision of Lignite for LTAR
     deposits at the most recent company-                    the Act and 19 CFR 351.213 and
                                                                                                                     2. Purchase of Electricity for MTAR—Sales
     specific or all-others rate applicable to               351.221(b)(4).                                             via Build-Operate-Own, Build-Operate-
     the company, as appropriate. These cash                   Dated: December 3, 2018.                                 Transfer, and Transfer of Operating
     deposit requirements, when imposed,                     Gary Taverman,                                             Rights Contracts
     shall remain in effect until further                    Deputy Assistant Secretary for Antidumping              3. Research and Development Grant
                                                                                                                        Program
     notice.                                                 and Countervailing Duty Operations,
                                                             performing the non-exclusive functions and              4. Export Credits, Loans, and Insurance
     Disclosure and Public Comment                           duties of the Assistant Secretary for                      from Turk Eximbank
                                                             Enforcement and Compliance.                             5. Large-Scale Investment Incentives
        We will disclose to the parties in this                                                                      6. Strategic Investment Incentives
     proceeding the calculations performed                   Appendix                                                7. Incentives for Research & Development
     in reaching the preliminary results                                                                                Activities
     within five days of the date of                         List of Topics Discussed in the Preliminary             8. Regional Development Subsidies
                                                             Decision Memorandum
     publication of this notice.11 Interested                                                                        9. Comprehensive Investment Incentives
     parties may submit written arguments                    I. Summary                                              10. Preferential Financing from the Turkish
     (case briefs) on the preliminary results                II. Background                                             Development Bank
                                                             III. Intent to Rescind the 2016 Administrative          11. Liquefied Natural Gas for LTAR
     within 30 days of publication of the                          Review, in Part                                 VIII. Conclusion
     preliminary results, and rebuttal                          A. DufEnergy Trading SA (DufEnergy);
     comments (rebuttal briefs) within five                                                                        [FR Doc. 2018–26654 Filed 12–7–18; 8:45 am]
                                                                   Duferco Celik Ticaret Limited (Duferco);
     days after the time limit for filing case                     and Ekinciler Demir ve Celik Sanayi A.S.        BILLING CODE 3510–DS–P
     briefs.12 Pursuant to 19 CFR                                  (Ekinciler)
     351.309(d)(2), rebuttal briefs must be                     B. Habas Sinai ve Tibbi Gazlar Istihsal
     limited to issues raised in the case                          Endustrisi A.S. (Habas)                         DEPARTMENT OF COMMERCE
                                                             IV. Non-Selected Rate
     briefs. Parties who submit arguments are
                                                             V. Scope of the Order                                 International Trade Administration
     requested to submit with the argument:                  VI. Subsidies Valuation Information
     (1) Statement of the issue; (2) a brief                    A. Allocation Period                               [A–570–909]
     summary of the argument; and (3) a                         B. Cross-Ownership
     table of authorities.13                                    1. Colakoglu                                       Certain Steel Nails From the People’s
        Interested parties who wish to request                  2. Icdas                                           Republic of China: Notice of Court
     a hearing, or to participate if one is                     3. Kaptan                                          Decision Not in Harmony With the
     requested, must submit a written                           C. Denominators                                    Final Results of the First Antidumping
                                                                D. Loan Benchmarks and Discount Rates              Duty Administrative Review and Notice
     request within 30 days after the date of
                                                                E. Uncreditworthiness of Icdas Elektrik            of Amended Final Results of the First
     publication of this notice.14 Requests                  VII. Analysis of Programs
     should contain the party’s name,                           A. Programs Preliminarily Determined To            Antidumping Duty Administrative
     address, and telephone number, the                            Be Countervailable                              Review
     number of participants, and a list of the                  1. Deduction From Taxable Income for               AGENCY:  Enforcement and Compliance,
     issues to be discussed. If Commerce                           Export Revenue
                                                                2. Rediscount Program                              International Trade Administration,
     receives a request for a hearing, we will                                                                     Department of Commerce.
     inform parties of the scheduled date for                   3. Purchase of Electricity Generated from
                                                                   Renewable Resources for More Than               SUMMARY: On October 5, 2018, the
     the hearing, which will be held at the                        Adequate Remuneration (MTAR)—                   United States Court of International
     main Department of Commerce building                          Renewable Energy Sources Support                Trade (CIT or Court) entered final
     at a time and location to be                                  Mechanism (YEKDEM)                              judgment in The Stanley Works
     determined.15 Parties should confirm by                    4. Investment Incentive Certificates               (Langfang) Fastening Systems Co., Ltd.
     telephone the date, time, and location of                  5. Provision of Natural Gas for LTAR               v. United States, sustaining the final
     the hearing.                                               B. Programs Preliminarily Determined To
                                                                   Not Be Countervailable                          results of remand redetermination
        Parties are reminded that briefs and                                                                       pertaining to the first administrative
     hearing requests are to be filed                           1. Payments from the Turkish Employers’
                                                                   Association of Metal Industries                 review of the antidumping duty order
     electronically using ACCESS and                               (MESS)—Social Security Premium                  on certain steel nails from the People’s
     received successfully in their entirety by                    Support                                         Republic of China (China), covering the
     5:00 p.m. Eastern Time on the due date.                    2. Payments from MESS—Occupational                 period of review (POR) of January 23,
                                                                   Health and Safety Support                       2008 through July 31, 2009. The
       11 See 19 CFR 351.224(b).                                3. Preferential Financing From the
       12 See                                                      Industrial Development Bank of Turkey
                                                                                                                   Department of Commerce (Commerce) is
              19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
     19 CFR 351.303 (for general filing requirements).             (TSKB)                                          notifying the public that the final
       13 See 19 CFR 351.309(c)(2) and 351.309(d)(2).           4. Minimum Wage Support                            judgment in this case is not in harmony
       14 See 19 CFR 351.310(c).                                C. Programs Preliminarily Determined Not           with Commerce’s final results of the
       15 See 19 CFR 351.310.                                      To Confer Countervailable Benefits              first administrative review or the


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Document Created: 2018-12-08 00:22:02
Document Modified: 2018-12-08 00:22:02
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
DatesApplicable December 10, 2018.
ContactCaitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670.
FR Citation83 FR 63472 

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