[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89663-89664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28582]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: Final 
Results of the Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that certain 
producers/exporters subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR) July 1, 2021, through June 30, 2022.

DATES: Applicable December 28, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 or (202) 
482-0029, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 1, 2023, Commerce published the Preliminary Results in 
the Federal Register.\1\ On November 6, 2023, Commerce extended the 
time period for issuing the final results of this review until December 
21, 2023.\2\ For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review; 2021-2022, 88 FR 50100 (August 1, 2023) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated November 
6, 2023.
    \3\ See Memorandum, '' Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Issues and Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review; 2021-2022,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ See 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 (July 14, 2017), as amended by Notice of Court 
Decision Not in Harmony with the Amended Final Determination in the 
Less-Than-Fair-Value Investigation; Notice of Amended Final 
Determination, 87 FR 934 (January 22, 2022) (collectively, Order).
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    The merchandise subject to the Order is steel concrete reinforcing 
bar imported in either straight length or coil form (rebar) regardless 
of metallurgy, length, diameter, or grade or lack thereof.\5\
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    \5\ For a complete description of the scope of the Order, see 
Preliminary Results PDM.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed 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 attached to this notice in Appendix I. The Issues and 
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 at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the margin calculations for Kaptan Demir Celik Endustrisi Ve 
Ticaret A.S./Kaptan Metal Dis Ticaret Ve Nakliyat A.S. (collectively, 
Kaptan).\6\
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    \6\ For a full description of changes, see Issues and Decision 
Memorandum.
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Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margins for the period July 1, 2021, through 
June 30, 2022:

------------------------------------------------------------------------
                                                        Weighted-average
                 Producer or exporter                    dumping margin
                                                           (percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S...               0.00
Kaptan Demir Celik Endustrisi Ve Ticaret A.S./Kaptan               25.86
 Metal Dis Ticaret Ve Nakliyat A.S...................
Companies Not Selected for Individual Review \7\.....              25.86
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[[Page 89664]]

Disclosure
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    \7\ The exporters or producers not selected for individual 
review are listed in Appendix II.
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    Commerce intends to disclose the calculations performed for Kaptan 
in connection with these final results to interested parties within 
five days of the date of publication of this notice, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), because both Colakoglu Metalurji 
A.S./Colakoglu Dis Ticaret A.S. (collectively, Colakoglu) and Kaptan 
reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of those same sales. Where 
either a respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
For the companies identified in Appendix II that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rate established in these final results of review.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Colakoglu or Kaptan 
for which the producer did not know that the merchandise it sold to the 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\8\
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
under review will be equal to the weighted-average dumping margin that 
is established in the final results of this review, except if the rate 
is less than 0.50 percent and, therefore, de minimis within the meaning 
of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be 
zero; (2) for previously investigated or reviewed companies not covered 
in this review, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, or the less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the cash deposit rate established for the most recently completed 
segment for the producer of the subject merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
3.90 percent, the all-others rate established in the LTFV 
investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Order, 87 FR at 935.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in 
Commerce's presumption that reimbursement of antidumping and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties, and/or increase in the amount of antidumping duties 
by the amount of the countervailing duties.

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to APO 
of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: December 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
    Comment 1: Whether to Modify the Universe of Sales for Kaptan's 
U.S. Sales
    Comment 2: Whether the U.S. Department of Commerce (Commerce) 
Should Use Invoice Date as the U.S. Date of Sale for Kaptan
    Comment 3: Whether Commerce Correctly Calculated the Difference-
in-Merchandise (DIFMER) Adjustment for Kaptan
    Comment 4: Whether to Correct Errors in Colakoglu's and Kaptan's 
Margin Calculations
V. Recommendation

Appendix II--List of Companies Not Selected for Individual Examination

1. Diler Dis Ticaret A.S.
2. Ekinciler Demir ve Celik Sanayi A.S.
3. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.
4. Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
5. Sami Soybas Demir Sanayi ve Ticaret A.S.

[FR Doc. 2023-28582 Filed 12-27-23; 8:45 am]
BILLING CODE 3510-DS-P