[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22804-22806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09372]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-818]
Steel Concrete Reinforcing Bar From Turkey: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, and Postponement
of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that steel concrete reinforcing bar (rebar) from Turkey is
being, or is likely to be, sold in the United States at less than fair
value (LTFV), as provided in section 733(b) of the Tariff Act of 1930,
as amended (the Act). The period of investigation (POI) is July, 2012,
through June 30, 2013. The estimated weighted-average dumping margins
of sales at LTFV are listed in the ``Preliminary Determination''
section of this notice. The Department also preliminarily finds that
critical circumstances do not exist for Turkey with regard to the two
mandatory respondents, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi
A.S. (Habas) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) but do exist for all other producers and exporters of subject
merchandise. Finally, in response to a request from Habas, we are
postponing the final determination. Accordingly, the final
determination will be issued no later than 135 days after the
publication of this preliminary determination in the Federal Register.
We invite interested parties to comment on this preliminary
determination.
DATES: Effective Date: April 24, 2014.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Icdas) or George
[[Page 22805]]
McMahon (Habas), AD/CVD Operations, Office III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-8362 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to this investigation is steel concrete
reinforcing bar imported in either straight length or coil form (rebar)
regardless of metallurgy, length, diameter, or grade. The subject
merchandise is classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) primarily under item numbers 7213.10.0000,
7214.20.0000, and 7228.30.8010.
The subject merchandise may also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000, 7221.00.0015, 7221.00.0030,
7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001,
7227.20.0080, 7227.90.6085, 7228.20.1000, and 7228.60.6000.
Specifically excluded are plain rounds (i.e., non-deformed or smooth
rebar). HTSUS numbers are provided for convenience and customs
purposes; however, the written description of the scope remains
dispositive.
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to section 735(a)(2) of the Act, on April 11, 2014, Habas
requested that the Department postpone the final determination and
agreed to extend the application of the provisional measures prescribed
under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-
month period to a six-month period.\1\ In accordance with section
733(d) of the Act and 19 CFR 351.210(b), because (1) our preliminary
determination is affirmative, (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise, and (3)
no compelling reason for denial exists, we are granting the request and
are postponing the final determination until no later than 135 days
after the publication of the preliminary determination notice in the
Federal Register. The Department is further extending the application
of the provisional measures from a four-month period to a period not to
exceed six-months, and will extend the suspension of liquidation
accordingly, pursuant to Habas' request to extend the application of
the provisional measures prescribed under sections 735(a)(2)(A) and
733(d) of the Act, and 19 CFR 351.210(b)(2)(ii) and 351.210(e)(2).
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\1\ See Letter from Habas titled, ``Steel Concrete Reinforcing
Bar: Request for Extension of the Final Determination and
Provisional Measures,'' dated April 11, 2014.
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Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772 of the Act. Constructed export prices have
been calculated in accordance with section 772(b) of the Act. Normal
value has been calculated in accordance with section 773 of the Act.
The critical circumstances allegation has been analyzed in accordance
with section 733(e)(1) of the Act and 19 CFR 351.206.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum \2\ dated
concurrently with and hereby adopted by this notice.\3\ 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 (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\2\ See Decision Memorandum for the Preliminary Determination of
the Investigation of Sales at Less Than Fair Value for Steel
Concrete Reinforcing Bar from Turkey, dated April 18, 2014.
\3\ See Appendix for a listing of issues discussed in the
Preliminary Decision Memorandum.
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Preliminary Affirmative Determination of Critical Circumstances
On December 4, 2013, Petitioners filed a timely critical
circumstances allegation pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\4\ We
preliminarily determine that critical circumstances do not exist with
regard to Habas and Icdas. Further, we preliminarily determine that
critical circumstances exist with regard to all other producers and
exporters of the merchandise under consideration. For a full
description of the methodology and results of our analysis, see the
Preliminary Critical Circumstances Memorandum.\5\
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\4\ See Petitioners' submission, ``Steel Concrete Reinforcing
Bar from Turkey: Critical Circumstances Allegation,'' dated December
4, 2013.
\5\ See the ``Antidumping Duty Investigation: Steel Concrete
Reinforcing Bar from Turkey; Preliminary Affirmative Determination
of Critical Circumstances, 2012-2013,'' from James Doyle, Director,
Office V, Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, dated
concurrently with this determination and hereby adopted by this
notice (Preliminary Critical Circumstances Memorandum).
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Preliminary Determination
We preliminarily determine that the estimated weighted-average
dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer or exporter dumping
margin
(percent)
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Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S......... 0.00
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S............. 2.64
All Others.................................................. 2.64
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually examined, excluding all zero or de minimis
rates, and all rates determined entirely under section 776 of the Act.
Icdas is the only respondent in this investigation for which the
Department calculated a company-specific rate which is not zero, de
minimis or based entirely on facts available. Therefore, for purposes
of determining the ``all others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for Icdas, as the estimated weighted-average dumping
margin assigned to all other producers and exporters of the merchandise
under consideration.\6\
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\6\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Stainless Steel Sheet and Strip in Coils From
Italy, 64 FR 30750, 30755 (June 8, 1999); and Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination: Coated Free Sheet Paper from Indonesia, 72 FR
30753, 30757 (June 4, 2007), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Coated Free Sheet
Paper from Indonesia, 72 FR 60636 (October 25, 2007).
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[[Page 22806]]
Disclosure and Public Comment
The Department intends to disclose to parties with an
Administrative Protective Order the calculations performed in
connection with this preliminary determination within five days of the
date of publication of this notice.\7\ Interested parties are invited
to comment on this preliminary determination. Case briefs or other
written comments may be submitted to the Assistant Secretary for
Enforcement and Compliance via IA ACCESS no later than seven days after
the date on which the final verification report is issued in this
investigation. Rebuttal briefs, the content of which is limited to the
issues raised in the case briefs, must be filed within five days from
the deadline date for the submission of case briefs.\8\ A list of
authorities used, a table of contents, and an executive summary of
issues should accompany all briefs submitted to the Department.\9\
Executive summaries should be limited to five pages total, including
footnotes. As noted above, interested parties who wish to comment on
the preliminary determination must file briefs electronically using IA
ACCESS.\10\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time on the date the document is
due.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c), 19 CFR 351.309(d)(1), and 19 CFR
351.309(d)(2).
\9\ See 19 CFR 351.309(c)(2).
\10\ See 19 CFR 351.303 (for general filing requirements).
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In accordance with section 774 of the Act, the Department will hold
a hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in the case or rebuttal
briefs, provided that such a hearing is requested by an interested
party.\11\ Interested parties who wish to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, filed electronically using IA ACCESS, as noted above. All
requests must be received within 30 days after the date of publication
of this notice.\12\ Requests should contain the following information:
(1) The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed.\13\ If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.\14\ Parties should confirm by telephone the date, time, and
location of the hearing.
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\11\ See also 19 CFR 351.310.
\12\ See 19 CFR 351.310(c).
\13\ See id.
\14\ See 19 CFR 351.310.
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of rebar from Turkey from companies with above de minimis
margins, as described in the scope of the investigation section that
are entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register, and to
require a cash deposit for such entries in the amounts indicated above.
Because we preliminarily determine that critical circumstances exist
with regard to imports of rebar produced or exported by Turkish firms
other than Habas and Icdas, we will direct CBP to apply the suspension
of liquidation to any unliquidated entries of rebar from Turkey that
are entered, or withdrawn from warehouse, for consumption on or after
90 days prior to the date of publication in the Federal Register of
this notice.
We will instruct CBP to require a cash deposit equal to the
estimated weighted-average dumping margins, as indicated in the chart
above.\15\ The suspension of liquidation instructions will remain in
effect until further notice.
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\15\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping Duty Investigations, 76 FR 61042 (October 3, 2011).
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV. If
our final determination in this proceeding is affirmative, section
735(b)(2) of the Act requires that the ITC 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
steel concrete reinforcing bar from Turkey before the later of 120 days
after the date of this preliminary determination or 45 days after our
final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: April 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Issues Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comments
VIII. Selection of Respondents
IX. Physical Characteristics and Model Matching Comments
X. Discussion of the Methodology
A. Fair Value Comparisons
B. Determination of Comparison Method
C. Results of the Differential Pricing Analysis
D. Product Comparisons
E. Date of Sale
F. Export Price
G. Duty Drawback
H. Normal Value
1. Home Market Viability
2. Level of Trade
3. Investigation of Sales Below Costs
a. Calculation of Cost of Production
b. Sales-Below-Costs Test
c. Results of the Sales-Below-Costs Test
4. Constructed Value
5. Price-to-Constructed Value Comparisons
6. Calculation of Normal Value Based on Home Market Prices
I. Currency Conversion
XI. Verification
XII. Conclusion
[FR Doc. 2014-09372 Filed 4-23-14; 8:45 am]
BILLING CODE 3510-DS-P