Steel Concrete Reinforcing Bar From the Republic of Türkiye: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results
On October 6, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Kaptan Demir Celik Endustrisi ve Ticaret A.S., et al. v. United States, Consol. Cour...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On October 6, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in
Kaptan Demir Celik Endustrisi ve Ticaret A.S., et al.
v.
United States,
Consol. Court No. 23-00131, sustaining the U.S. Department of Commerce (Commerce)'s remand results pertaining to the 2020 administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Türkiye (Türkiye). Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the subsidy rates assigned to Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan) and Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S. (Icdas).
DATES:
Applicable October 16, 2025.
FOR FURTHER INFORMATION CONTACT:
Ted Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2631.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2023, Commerce published its
Final Results
in the 2020 CVD administrative review of rebar from Türkiye.[1]
Commerce determined in the
Final Results
that benefits from Banking Insurance and Transaction Tax (BITT) exemptions were
de jure
specific.[2]
Kaptan and Icdas appealed Commerce's
Final Results.
On October 21, 2024, the CIT remanded the
Final Results
to Commerce to reconsider
de jure
specificity or to consider whether
( printed page 54305)
evidence on the record supported
de facto
specificity.[3]
In its
Final Remand Redetermination,
issued in January 2025, Commerce found under protest that the BITT program was neither
de jure
nor
de facto
specific, and, consequently, that the program was not countervailable.[4]
Commerce recalculated Kaptan's subsidy rate without BITT, and, likewise, revised the subsidy rate for Icdas as a company not selected for individual review. Specifically, for the period January 1, 2020, through December 31, 2020, the rates for both Kaptan and Icdas and their cross-owned companies are now 1.26 percent
ad valorem.
The CIT sustained Commerce's
Final Remand Redetermination.[5]
Timken Notice
In its decision in
Timken,[6]
as clarified by
Diamond Sawblades,[7]
the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's October 6, 2025, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's
Final Results.
Thus, this notice is published in fulfillment of the publication requirements of
Timken.
Amended Final Results
Because there is now a final court judgment, Commerce is amending its
Final Results
with respect to Kaptan and the non-examined company, Icdas, as follows
Company
Subsidy rate
(percent
ad valorem)
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.8
1.26
Kaptan Demir Celik Endustrisi ve Ticaret A.S.9
1.26
Amended Cash Deposit Rates
Because Kaptan and Icdas have a superseding cash deposit rate,
i.e.,
there have been final results published in a subsequent administrative review,[10]
we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from liquidating entries that: were produced and/or exported by Kaptan and Icdas, and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2020, through December 31, 2020. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject merchandise produced and/or exported by Kaptan and Icdas in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review when the
ad valorem
rate is not zero or
de minimis.
Where an
ad valorem
subsidy rate is zero or
de minimis,[11]
we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(e)(1), 751(b), and 777(i)(1) of the Act.
Dated: November 21, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Steel Concrete Reinforcing Bar from the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2020,88 FR 34129 (May 26, 2023) (
Final Results), and accompanying Issues and Decision Memorandum (IDM).
4.
See Final Results of Redetermination Pursuant to Court Remand, Kaptan Demir Celik Endustrisi ve Ticaret A.S., et al.
v.
United States,
Consol. Court No. 23-00131, Slip Op. 24-116 (CIT October 21, 2024), dated January 21, 2025 (
Final Remand Redetermination).
8.
Commerce finds the following companies to be cross-owned with Icdas: Mardas Marmara Deniz Isletmeciligi A.S.; Oraysan Insaat Sanayi ve Ticaret A.S.; Artim Demir Insaat Turizm Sanayi Ticaret Ltd. Sti.; Anka Entansif Hayvancilik Gida Tarim Sanayi ve Ticaret A.S.; Karsan Gemi Insaa Sanayi Ticaret A.S.; Artmak Denizcilik Ticaret Ve Sanayi A.S.; and Eras Tasimacilik Taahhut Ins.Tic A.S.
9.
Commerce finds the following companies to be cross-owned with Kaptan: Kaptan Metal Dis Ticaret ve Nakliyat A.S.; Martas Marmara Ereglisi Liman Tesisleri A.S.; Aset Madencilik A.S.; Kaptan Is Makinalari Hurda Alim Satim Ltd. Sti.; Efesan Demir San. Ve Tic. A.S.; and Nur Gemicilik ve Tic. A.S.
10.
See Steel Concrete Reinforcing Bar from the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2022,90 FR 44167 (September 12, 2025).
Use this for formal legal and research references to the published document.
90 FR 54304
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Steel Concrete Reinforcing Bar From the Republic of Türkiye: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results,” thefederalregister.org (November 26, 2025), https://thefederalregister.org/documents/2025-21289/steel-concrete-reinforcing-bar-from-the-republic-of-t-rkiye-notice-of-court-decision-not-in-harmony-with-the-results-of-.