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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100957-100959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29428]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-819]

Steel Concrete Reinforcing Bar From the Republic of T[uuml]rkiye: 
Preliminary Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to producers 
and exporters of steel concrete reinforcing bar (rebar) from the 
Republic of T[uuml]rkiye (T[uuml]rkiye) during the period of review 
(POR) January 1, 2022, through December 31, 2022. Additionally, 
Commerce is rescinding this review with respect to six companies. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2014, Commerce published in the Federal Register the 
countervailing duty (CVD) order on rebar from T[uuml]rkiye.\1\ On 
November 2, 2023, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the Order for the 
POR.\2\ On December 29, 2023, Commerce published the notice of the 
initiation of this administrative review in the Federal Register.\3\ On 
July 11, 2024, Commerce extended the time period for issuing these 
preliminary results by 117 days, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).\4\ On 
July 22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\5\ On November 22, 2024, Commerce extended 
the time period for issuing these preliminary results by an additional 
three days.\6\ The deadline for these preliminary results is now 
December 6, 2024.
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    \1\ See Steel Concrete Reinforcing Bar from the Republic of 
Turkey: Countervailing Duty Order, 79 FR 65926 (November 6, 2014) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 75270 (November 
2, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023).
    \4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of T[uuml]rkiye: Extension of Deadline for Preliminary 
Results of 2022 Countervailing Duty Administrative Review,'' dated 
July 11, 2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \6\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
T[uuml]rkiye: Second Extension of Deadline for Preliminary Results 
of 2022 Countervailing Duty Administrative Review,'' dated November 
22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics included in the Preliminary Decision Memorandum is 
provided in 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 at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Steel 
Concrete Reinforcing Bar from the Republic of T[uuml]rkiye; 2022,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is rebar from T[uuml]rkiye. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we preliminarily find that there is a subsidy, i.e., a 
financial contribution that gives rise to a benefit to the recipient, 
and the subsidy is specific.\8\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \8\ 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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[[Page 100958]]

Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 777A(e)(2) of the Act provides that ``the 
individual countervailable subsidy rates determined under subparagraph 
(A) shall be used to determine the all-others rate under section 
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states 
that for companies not investigated, in general, we will determine an 
all-others rate by weight averaging the countervailable subsidy rates 
established for each of the companies individually investigated, 
excluding zero and de minimis rates or any rates based solely on the 
facts available.
    In this administrative review, Commerce preliminarily calculated a 
de minimis rate for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. 
Therefore, the only rate that is not zero, de minimis, or based 
entirely on facts otherwise available is the preliminary rate 
calculated for Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan). 
Consequently, for these preliminary results, we are assigning Colakoglu 
Metalurji A.S. the rate calculated for Kaptan.

Rescission of Administrative Review, in Part

    Commerce's practice is to rescind an administrative review of a CVD 
order, pursuant to 19 CFR 351.213(d)(1), when the interested party that 
requested a review withdraws the request within 90 days of publication 
of the notice of initiation of the requested review. Commerce received 
timely-filed withdrawal requests with respect to six companies, 
pursuant to 19 CFR 351.213(d)(1): (1) Ans Kargo Lojistik Tas ve Tic 
Baykan Dis Ticaret; (2) Baykan Dis Ticaret; (3) Kibar dis Ticaret A.S.; 
(4) Meral Makina Iml Ith Ihr Gida; (5) Sami Soybas Demir Sanayi ve 
Ticaret; and (6) Yucel Boru Ihracat Ithalat ve Pazarlama.\9\ Because 
the withdrawal requests were timely filed, and no other party requested 
a review of these companies, in accordance with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review with respect to these six companies.
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    \9\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 22, 2024.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rates for the period January 1, 
2022, through December 31, 2022:

------------------------------------------------------------------------
                                              Subsidy rate (percent ad
                  Company                             valorem)
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim        0.14 (de minimis).
 Sanayi A.S.
Kaptan Demir Celik Endustrisi ve Ticaret    2.54.
 A.S.
Colakoglu Metalurji A.S...................  2.54.
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Disclosure and Public Comment

    Commerce intends to disclose its calculations performed to 
interested parties for these preliminary results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs. Interested parties who submit case or rebuttal briefs in 
this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\10\ All briefs must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.
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    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Procedures.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether any participant is a foreign national; (3) a list of the issues 
to be discussed. Issues raised in the hearing will be limited to those 
raised in the respective case and rebuttal briefs. If a request for a 
hearing is made, Commerce will inform parties of the scheduled date for 
the hearing.\13\
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    \13\ See 19 CFR 351.310(d).
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Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review.
    For the companies for which Commerce is rescinding this review, 
Commerce will instruct CBP to assess countervailing duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
countervailing duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period January 1, 2022, through 
December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce 
intends to issue assessment instructions to CBP regarding these 
companies no earlier than 35 days after the date of publication of this 
notice in the Federal Register.
    For the companies listed in the table above, 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

[[Page 100959]]

time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated countervailing duties in the amounts 
shown for the companies listed above 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, CBP will continue to collect 
cash deposits of estimated countervailing duties at the all-others rate 
or the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Final Results of Administrative Review

    Unless otherwise 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 its analysis of the issues raised by 
parties in their comments, within 120 days after the date of 
publication of these preliminary results in the Federal Register.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Recommendation

[FR Doc. 2024-29428 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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