[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43181-43183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16842]



[[Page 43181]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-829]


Steel Concrete Reinforcing Bar From the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers or exporters of steel concrete reinforcing bar (rebar) 
from the Republic of Turkey (Turkey) subject to this review made sales 
of subject merchandise at less than normal value during the period of 
review (POR) July 1, 2019, through June 30, 2020. Additionally, we 
preliminarily find that one producer/exporter, Colakoglu Metalurji A. 
S. (Colakoglu Metal), did not make sales of subject merchandise at less 
than normal value during the POR and one company, Habas Sinai ve Tibbi 
Gazlar Istihsal End[uuml]strisi A.S (Habas), made no shipments during 
the POR.

DATES: Applicable August 6, 2021.

FOR FURTHER INFORMATION CONTACT: Robert Copyak or Thomas Dunne, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3642 or (202) 482-2328, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2017, Commerce published the antidumping duty order on 
rebar from Turkey.\1\ On September 3, 2020, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated an administrative review of the 
Order, covering nine companies.\2\ On October 6, 2020, Commerce 
selected Colakoglu Metal and Kaptan Demir Celik End[uuml]strisi ve 
Ticaret A.S. (Kaptan Demir) as the mandatory respondents for this 
review.\3\ On March 15, 2021, pursuant to section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2), 
Commerce extended the time limit for issuing the preliminary results of 
this administrative review to July 30, 2021.\4\
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020).
    \3\ See Memorandum, ``Respondent Selection Memorandum for 
Administrative Review of Antidumping Duty Order on Steel Concrete 
Reinforcing Bar from the Republic of Turkey; 2019-2020,'' dated 
October 6, 2020.
    \4\ See Memorandum, ``Steel Concrete Reinforcing Bar from the 
Republic of Turkey: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated March 15, 2021.
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Scope of the Order

    The product covered by the Order is steel concrete reinforcing bar 
from Turkey. For a full description of the scope, see the Preliminary 
Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Antidumping Duty Administrative Review: Steel 
Concrete Reinforcing Bar from the Republic of Turkey; 2019-2020,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price and constructed export price are 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying these preliminary results, 
see the Preliminary Decision Memorandum. A list of topics discussed in 
the Preliminary Decision Memorandum is attached as an 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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Preliminary Determination of No Shipments

    On September 6, 2020, Habas submitted a letter certifying that it 
had no exports or sales of subject merchandise into the United States 
during the POR.\6\ U.S. Customs and Border Protection (CBP) did not 
have any information to contradict this claim of no shipments during 
the POR.\7\ Therefore, we preliminarily determine that Habas did not 
have any shipments of subject merchandise during the POR. Consistent 
with Commerce's practice, we will not rescind the review with respect 
to Habas but will complete the review and issue instructions to CBP 
based on the final results.\8\
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    \6\ See Habas' Letter, ``Steel Concrete Reinforcing Bar from 
Turkey; Habas No Shipment Letter,'' dated September 6, 2020.
    \7\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Steel Concrete Reinforcing Bar from Turkey: Release of 
U.S. Customs and Border Protection Entry Data for Respondent 
Selection,'' dated September 16, 2020.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    We calculated a preliminary weighted-average dumping margin of 0.00 
percent for Colakoglu Metal and 1.05 percent for Kaptan Demir the POR. 
For the four companies not selected for individual examination, 
Commerce assigned the rate of 1.05 percent, which is the weighted-
average dumping margin calculated for Kaptan Demir, because it is the 
only dumping margin calculated for a mandatory respondent in this 
administrative review that is not zero or de minimis.

Preliminary Results of This Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margins for the period 
July 1, 2019, through June 30, 2020:
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    \9\ For the purposes of these preliminary results, we are 
collapsing Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. 
and treating them as a single entity; see Preliminary Decision 
Memorandum.
    \10\ For the purposes of these preliminary results, we are 
collapsing Kaptan Demir and Kaptan Metal Dis Ticaret Ve Nakliyat 
A.S. and treating them as a single entity; see Preliminary Decision 
Memorandum.
    \11\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

[[Page 43182]]



------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
                 Producers/exporters                     dumping margin
                                                           (percent)
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Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.                 0.00
 \9\.................................................
Kaptan Demir Celik End[uuml]strisi ve Ticaret A.S./                 1.05
 Kaptan Metal Dis Ticaret Ve Nakliyat A.S.\10\.......
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \11\
------------------------------------------------------------------------
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S......               1.05
Kroman Celik Sanayi A.S..............................               1.05
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S.....               1.05
Diler Dis Ticaret A.S................................               1.05
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Disclosure and Public Comment

    Commerce intends to disclose its calculations performed within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b). Commerce will announce the briefing schedule to 
interested parties at a later date. Interested parties may submit case 
briefs on the deadline that Commerce will announce. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline date for case briefs.\12\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this review are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Executive summaries should be 
limited to five pages total, including footnotes. Case and rebuttal 
briefs should be filed using ACCESS \13\ and must be served on 
interested parties.\14\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \13\ See 19 CFR 351.303 (for general filing requirements).
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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. An electronically-filed document must be received successfully 
in its entirety by 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; (3) whether any participant is a foreign national; and 
(4) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\16\ If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined.\17\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. CBP shall assess, antidumping duties on all 
appropriate entries covered by this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\18\ For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate such entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\19\ Where either the individually-selected respondent's 
weighted-average dumping margin is zero or de minimis, 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.
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    \18\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review where applicable.
    Consistent with its recent notice, 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 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 the rate established in the final results of this 
review (except, if the ad valorem rate is de minimis, then the cash 
deposit rate will be zero); (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most

[[Page 43183]]

recently-completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recently-
completed segment of this proceeding for the producer of subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 7.26 percent, the all-others rate 
established in the investigation.\20\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \20\ See Order, 82 FR at 32533.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results, pursuant 
to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. 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 doubled antidumping duties.

Notification to Interested Parties

    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: July 30, 2021.
Christian Marsh,
Acting 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. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Affiliation and Single Entity
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-16842 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P