SUPPLEMENTARY INFORMATION:

Background

On September 27, 2021, Commerce published its Final Results in the 2018 CVD administrative review of rebar from Türkiye.^[1] Commerce determined in the Final Results that subsidies received by Kaptan's affiliate, Nur Gemicilik ve Tic. A.S. (Nur), were attributable to Kaptan. ^[2] ( printed page 54303) Kaptan appealed Commerce's Final Results. On April 26, 2023, the CIT remanded the Final Results to Commerce to further explain and review the finding that Nur was a cross-owned input supplier of products primarily dedicated to the production of downstream products.^[3]

In its Final Remand Redetermination, issued in July 2023, Commerce found that Nur does not constitute a cross-owned input supplier of products ( i.e., steel scrap) deemed to be primarily dedicated to downstream steel production during the period of review (POR).^[4] Commerce recalculated Kaptan's subsidy rate without Nur, and, likewise, revised the subsidy rates for the companies not selected for individual review ( i.e., Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.). Specifically, for the period January 1, 2018, through December 31, 2018, the rates for all three companies and their cross-owned companies are now de minimis ( i.e., 0.18 percent ad valorem ).^[5] The CIT sustained Commerce's Final Remand Redetermination.^[6] The Federal Circuit affirmed the CIT's underlying opinion sustaining Commerce's Final Remand Redetermination.^[7]

Timken Notice

In its decision in Timken,^[8] as clarified by Diamond Sawblades,^[9] the Federal Circuit held that, pursuant to sections 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 November 27, 2023, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's Final Results. This judgment has been affirmed by the Federal Circuit. Thus, this notice is published in fulfillment of the publication requirements of Timken.

Amended Final Results

Because there is a final court judgment, Commerce is amending its Final Results with respect to Kaptan and the non-examined companies (Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.) as follows:

Amended Cash Deposit Rates

Because Kaptan, Colakoglu Dis Ticaret A.S., and Colakoglu Metalurji A.S. have superseding cash deposit rates, i.e., there have been final results published in a subsequent administrative review,^[11] 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 the two other companies (Colakoglu Dis Ticaret A.S. and Colakoglu Metalurji A.S.), and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2018, through December 31, 2018. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.

In the event the Federal Circuit'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, Colakoglu Dis Ticaret A.S., and Colakoglu Metalurji A.S. 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,^[12] 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.

90 FR 54302