[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80005-80007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27310]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-843]


Prestressed Concrete Steel Wire Strand From the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and Final 
Negative Critical Circumstances Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of prestressed concrete steel wire strand (PC strand) from the Republic 
of Turkey (Turkey).

DATES: Applicable December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6274, or (202) 
482-3342, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The petitioners in this investigation are Insteel Wire Products, 
Sumiden Wire Products Corporation, and Wire Mesh Corporation. In 
addition to the Government of Turkey, the mandatory respondents in this 
investigation are Celik Halat ve Tel San A.S. (Celik Halat) and Guney 
Celik Hasir ve Demir (Guney Celik).
    A summary of the events that occurred since Commerce published the 
Preliminary Determination,\1\ as well as a full discussion of the 
issues raised by parties for this final determination, are discussed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\ The Issues and Decision Memorandum is a public document and 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.
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    \1\ See Prestressed Concrete Steel Wire from the Republic of 
Turkey: Preliminary Affirmative Countervailing Duty Determination, 
Preliminary Affirmative Critical Circumstances Determination, in 
Part, 85 FR 59287 (September 21, 2020) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Determination of the Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of 
Turkey,'' dated concurrently with this determination (Issues and 
Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2019 through December 31, 
2019.

Scope of the Investigation

    The scope of the investigation is PC strand from Turkey. For a 
complete description of the scope of this investigation, see Appendix 
I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is included as Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient and that the subsidy is 
specific.\3\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
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    \3\ 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.
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation, pursuant to section 782(i) of the Act. Accordingly, we 
took additional steps in lieu of on-site verification and requested 
additional documentation and information.\4\ Consistent with section 
776(a)(2)(D) of the Act, Commerce relied on the information submitted 
on the record as facts available in making our final determination.
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    \4\ See Commerce's Letter, dated October 26, 2020; and Guney 
Celik's Letter, ``Prestressed Concrete Steel Wire Strand from 
Turkey; In Lieu of Verification Questionnaire Response,'' dated 
November 3, 2020.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the information received in 
lieu of on-site verification and comments received from parties, we 
made certain changes to the respondents' subsidy rate calculations 
since the Preliminary Determination and the Post-Preliminary Analysis 
Memorandum.\5\ As a result of these changes, Commerce has also revised 
the all-others rate. For a discussion of these changes, see the Issues 
and Decision Memorandum and the Final Analysis Memoranda.\6\
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    \5\ See Memorandum, ``Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of Turkey: 
Post-Preliminary Analysis,'' dated November 19, 2020 (Post-
Preliminary Analysis Memorandum).
    \6\ See Memoranda, ``Countervailing Duty Investigation of 
Prestressed Concrete Steel Wire Strand from the Republic of Turkey: 
Final Determination Calculation Memorandum for Celik Halat ve Tel 
San A.S.'' and ``Countervailing Duty Investigation of Prestressed 
Concrete Steel Wire Strand from the Republic of Turkey: Final 
Determination Calculation Memorandum for Guney Celik Hasir ve 
Demir,'' both dated concurrently with this notice (collectively, 
Final Analysis Memoranda).
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Final Negative Determination of Critical Circumstances

    Pursuant to section 705(a)(2) of the Act, Commerce determines that 
critical circumstances do not exist for imports of PC strand from 
Turkey. For full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated countervailable subsidy rates for Celik Halat and Guney 
Celik. Section 705(c)(5)(A)(i) of the Act states that, for

[[Page 80006]]

all exporters and producers not individually investigated, we will 
determine an all-others rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act.
    Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, 
we have not calculated the all-others rate by weight averaging the 
rates of Celik Halat and Guney Celik because doing so risks disclosure 
of business proprietary information. Rather, we used a simple average 
to calculate the all-others rate.\7\
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    \7\ We have calculated the simple average of the two responding 
firm's rates for the all-others rate using the following
    calculation: (158.44 (Celik Halat's calculated rate) + 30.78 
(Guney Celik's calculated rate))/2 = 94.61 (the all-others rate).
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Final Determination

    Commerce determines the total estimated net countervailable subsidy 
rates to be:
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    \8\ Commerce found the following companies to be cross-owned 
with Celik Halat: Dogan Sirketler Grubu Holding A.S. and Adilbey 
Holding A.S. See Preliminary Determination PDM at ``Attribution of 
Subsidies.''

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Celik Halat ve Tel San A.S.\8\..........................          158.44
Guney Celik Hasir ve Demir..............................           30.78
All Others..............................................           94.61
------------------------------------------------------------------------

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for each company respondent. Section 705(c)(5)(A)(i) 
of the Act states that, for companies not individually investigated, we 
will determine an ``all others'' rate equal to the weighted-average 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. Notwithstanding the language of section 
705(c)(5)(A)(i) of the Act, we have not calculated the ``all others'' 
rate by weight averaging the rates of Celik Halat and Guney Celik 
because doing so risks disclosure of proprietary information. 
Therefore, we calculated a simple average of Celik Halat and Guney 
Celik's rates.

Disclosure

    Commerce will disclose the calculations performed in connection 
with this final determination within five days of the date of 
publication of this notice to parties in this proceeding in accordance 
with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise as described in the scope of the investigation 
section, that was entered or withdrawn from warehouse for consumption 
on or after the date of publication of the Preliminary Determination in 
the Federal Register.
    Because we find critical circumstances do not exist for Celik 
Halat, we will direct CBP to terminate the retroactive suspension of 
liquidation ordered at the Preliminary Determination and release any 
cash deposits that were required prior to September 21, 2020, the date 
of publication of the Preliminary Determination in the Federal 
Register, consistent with section 705(c)(3) of the Act.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and require a cash deposit of estimated countervailing duties for 
such entries of subject merchandise in the amounts indicated above. If 
the ITC determines that material injury, or threat of material injury, 
does not exist, this proceeding will be terminated and all estimated 
duties deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.
    Because the final determination in this proceeding is affirmative, 
in accordance with section 705(b) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of welded pipe from Turkey no later than 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, this proceeding 
will be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue a 
countervailing duty order directing CBP to assess, upon further 
instruction by Commerce, countervailing duties on all imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is prestressed 
concrete steel wire strand (PC strand), produced from wire of non-
stainless, non-galvanized steel, which is suitable for use in 
prestressed concrete (both pretensioned and post-tensioned) 
applications. The product definition encompasses covered and 
uncovered strand and all types, grades, and diameters of PC strand. 
PC strand is normally sold in the United States in sizes ranging 
from 0.25 inches to 0.70 inches in diameter. PC strand made from 
galvanized wire is only excluded from the scope if the zinc and/or 
zinc oxide coating meets or exceeds the 0.40 oz./ft2 standard set 
forth in ASTM-A-475.
    The PC strand subject to this investigation is currently 
classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation 
is dispositive.

[[Page 80007]]

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Final Determination of Critical Circumstances
IV. Use of Adverse Facts Available
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Analysis of Comments
    Comment 1: Application of Total Adverse Facts Available (AFA) to 
Guney Celik Hasir ve Demir (Guney Celik)
    Comment 2: Application of AFA to Certain Guney Celik Programs
    Comment 3: Correct Numerator for the Tax Reduction RIIS Regional 
Investment Incentive Scheme (RIIS) Program
    Comment 4: Allocation or Expense of Certain Grant Program 
Benefits for Guney Celik
    Comment 5: Application of AFA to the Property Tax Exemption 
Program for Guney Celik
    Comment 6: Application of AFA to Celik Halat ve Tel San A.S. 
(Celik Halat)
VIII. Recommendation

[FR Doc. 2020-27310 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P