[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Notices]
[Pages 64731-64734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E4-3072]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-807]
Certain Steel Concrete Reinforcing Bars From Turkey; Final
Results, Rescission of Antidumping Duty Administrative Review in Part,
and Determination Not To Revoke in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 64732]]
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On May 5, 2004, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain steel concrete reinforcing bars from
Turkey (69 FR 25063). This review covers three manufacturers/exporters
of the subject merchandise to the United States. The period of review
(POR) is April 1, 2002, through March 31, 2003. We are rescinding the
review with respect to 19 companies because they had no shipments of
subject merchandise to the United States during the POR. In addition,
we have determined not to revoke the antidumping duty order with
respect to an additional exporter, ICDAS Celik Enerji Tersane ve Ulasim
Sanayi, A.S. (ICDAS).
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping
margins for the reviewed firms are listed below in the section entitled
``Final Results of Review.''
EFFECTIVE DATE: November 8, 2004.
FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood,
Office of AD/CVD Enforcement, Office 2, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC, 20230; telephone
(202) 482-0656 and (202) 482-3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers the following three manufacturers/exporters:
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret (collectively
``Colakoglu''); Diler Demir Celik Endustrisi ve Ticaret A.S., Yazici
Demir Celik Sanayi ve Ticaret A.S., and Diler Dis Ticaret A.S.
(collectively ``Diler''); and ICDAS.
On May 5, 2004, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on certain steel concrete reinforcing bars (rebar) from
Turkey. See Certain Steel Concrete Reinforcing Bars from Turkey;
Preliminary Results of Antidumping Duty Administrative Review and
Notice of Intent Not to Revoke in Part, 69 FR 25063 (May 5, 2004)
(Preliminary Results).
Prior to the preliminary results the following companies informed
the Department that they had no shipments of subject merchandise to the
United States during the POR: Cebitas Demir Celik Endustrisi A.S.
(Cebitas), Cemtas Celik Makina Sanayi ve Ticaret A.S. (Cemtas),
Demirsan Haddecilik Sanayi ve Ticaret A.S. (Demirsan), Ege Celik
Endustrisi Sanayi ve Ticaret A.S. (Ege Celik), Ekinciler Holding A.S.
and Ekinciler Demir Celik San A.S. (collectively ``Ekinciler''), Habas
Sinai ve Tibbi Gazlar Istihal Endustrisi A.S. (Habas), Iskenderun Iron
& Steel Works Co. (Iskenderun), Izmir Demir Celik Sanayi A.S. (Izmir),
Kaptan Demir Celik Endustrisi ve Ticaret A.S. (Kaptan), Kardemir--
Karabuk Demir Celik Sanayi ve Ticaret A.S. (Karabuk), Kroman Celik
Sanayi A.S. (Kroman), Metas Izmir Metalurji Fabrikasi Turk A.S.
(Metas), Nurmet Celik Sanayi ve Ticaret A.S. (Nurmet), Nursan Celik
Sanayi ve Haddecilik A.S. (Nursan), Sivas Demir Celik Isletmeleri A.S.
(Sivas), Tosyali Demir Celik Sanayi A.S. (Tosyali), and Ucel Haddecilik
Sanayi ve Ticaret A.S. (Ucel). We reviewed data from U.S. Customs and
Border Protection (CBP) and confirmed that there were no entries of
subject merchandise from any of these companies during the POR, except
for Habas. We also confirmed with CBP data that two additional
companies included in this review, Ege Metal Demir Celik Sanayi ve
Ticaret A.S. (Ege Metal) and Kurum Demir Sanayi ve Ticaret Metalenerji
A.S. (Kurum), did not have entries of subject merchandise during the
POR. Consequently, in accordance with 19 CFR 351.213(d)(3) and
consistent with our practice, we are rescinding the review for the
companies listed above. Furthermore, we are rescinding our review for
Habas because we find that this company did not have any reviewable
entries during this POR. For further discussion, see the ``Partial
Rescission of Review'' section of this notice, below, and Comment 14 of
the ``Issues and Decision Memorandum'' (Decision Memo) from Jeffrey A.
May, Deputy Assistant Secretary for Import Administration, to James J.
Jochum, Assistant Secretary for Import Administration, dated November
1, 2004.
We invited parties to comment on our preliminary results of review.
In June 2004, we received case briefs from the petitioners (i.e.,
Gerdau AmeriSteel Corporation, Commercial Metals Company (SMI Steel
Group), and Nucor Corporation), Colakoglu, and ICDAS, and rebuttal
briefs from the petitioners, Colakoglu, ICDAS, Habas, and Diler.
The Department has conducted this administrative review in
accordance with section 751 of the Act.
Scope of the Order
The product covered by this order is all stock deformed steel
concrete reinforcing bars sold in straight lengths and coils. This
includes all hot-rolled deformed rebar rolled from billet steel, rail
steel, axle steel, or low-alloy steel. It excludes (i) plain round
rebar, (ii) rebar that a processor has further worked or fabricated,
and (iii) all coated rebar. Deformed rebar is currently classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers 7213.10.000 and 7214.20.000. The HTSUS subheadings are provided
for convenience and customs purposes. The written description of the
scope of this proceeding is dispositive.
Period of Review
The POR is April 1, 2002, through March 31, 2003.
Partial Rescission of Review
As noted above, Cebitas, Cemtas, Demirsan, Ege Celik, Ege Metal,
Ekinciler, Iskenderun, Izmir, Kaptan, Karabuk, Kroman, Kurum, Metas,
Nurmet, Nursan, Sivas, Tosyali, and Ucel had no shipments and/or
entries of subject merchandise to the United States during the POR. We
have confirmed this with CBP data. Therefore, in accordance with 19 CFR
351.213(d)(3) and consistent with the Department's practice, we are
rescinding our review with respect to these companies. (See, e.g.,
Certain Steel Concrete Reinforcing Bars from Turkey; Final Results,
Rescission of Antidumping Administrative Review in Part, and
Determination Not to Revoke in Part, 68 FR 53127, 53128 (Sept. 9,
2003).)
Furthermore, with regard to Habas, we preliminarily determined that
Habas did not have any reviewable entries of subject merchandise during
the POR. Information from CBP indicates that there were entries of
subject merchandise produced by Habas during the POR. However, the
exporter of this merchandise was an unaffiliated company in a third
country, and Habas provided documentation to support its claim that it
did not have knowledge that this merchandise was destined for the
United States. Consequently, we continue to find that Habas did not
have any reviewable entries during this POR. See Comment 14 of the
Decision Memo. Accordingly, we are rescinding our review for Habas.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether the respondents
[[Page 64733]]
participating in the review made home market sales of the foreign like
product during the POR at prices below their costs of production (COPs)
within the meaning of section 773(b)(1) of the Tariff Act of 1930, as
amended (the Act). We performed the cost test for these final results
following the same methodology as in the Preliminary Results, except as
discussed in the accompanying Decision Memo.
We found 20 percent or more of each respondent's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we determined that these
below-cost sales were made in ``substantial quantities'' within an
extended period of time and at prices which did not permit the recovery
of all costs within a reasonable period of time in the normal course of
trade. See sections 773(b)(2)(B), (C), and (D) of the Act.
Therefore, for purposes of these final results, we found that
Colakoglu, Diler, and ICDAS made below-cost sales not in the ordinary
course of trade. Consequently, we disregarded these sales for each
respondent and used the remaining sales as the basis for determining
normal value, pursuant to section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review and to which we have responded are listed in the
Appendix to this notice and addressed in the Decision Memo, which is
adopted by this notice. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the Central Records Unit,
room B-099, of the main Department building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculations. These changes are discussed in the
relevant sections of the Decision Memo.
Final Results of Review
We determine that the following weighted-average margin percentages
exist for the period April 1, 2002, through March 31, 2003:
------------------------------------------------------------------------
Manufacturer/producer/exporter Margin percentage
------------------------------------------------------------------------
Colakoglu........................................... 9.25
Diler............................................... 0.38
ICDAS............................................... 0.00
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The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR
351.212(b)(1), for ICDAS we have calculated importer-specific
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 sales.
Regarding all of Colakoglu and Diler's sales, for assessment
purposes, we do not have the information to calculate entered value
because these companies were not the importers of record for the
subject merchandise. To determine whether the duty assessment rates
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated importer-specific ad valorem ratios
based on the export prices. Pursuant to 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate without regard to antidumping duties any
entries for which the assessment rate is de minimis (i.e., less than
0.50 percent). The Department will issue appraisement instructions
directly to CBP within 15 days of publication of these final results of
review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of rebar from Turkey entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: 1) The cash deposit rates for
the reviewed companies will be the rates indicated above; 2) for
previously investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for
the most recent period; 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 rate established for
the most recent period for the manufacturer of the merchandise; and 4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 16.06 percent, the all others rate established in the
LTFV investigation.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: November 1, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comments
1. Treatment of Section 201 Duties
2. Application of High Inflation/Replacement Cost Methodology
3. Inputs Purchased from Affiliated Parties
4. Treatment of Packing Expenses in the General and Administrative
(G&A) and Interest Expense Calculations
5. Date of Sale for Colakoglu
6. Universe of Reviewed Transactions for Colakoglu
7. Home Market Credit Expenses for Colakoglu
8. Commission Offset for Colakoglu
9. Despatch Revenue and Demurrage Expenses for Colakoglu
10. Period of Review for Diler
11. Inland Freight Supplied by Diler's Affiliate
12. Home Market Credit Expenses for Diler
13. G&A Ratio for Diler
14. POR Entries of Merchandise Produced by Habas
15. Revocation for ICDAS
16. Collapsing Issue for ICDAS
17. Whether to Treat ICDAS's U.S. Sales as Export Price (EP) or
Constructed Export Price (CEP) Sales
[[Page 64734]]
18. Short-term Interest Rates Used for ICDAS
19. Standard Rolling Times for ICDAS
20. Prior Period Reversals for ICDAS
21. Gain on Sale of Ship for ICDAS
[FR Doc. E4-3072 Filed 11-5-04; 8:45 am]
BILLING CODE: 3510-DS-S