[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Pages 54965-54967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21986]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-818]
Steel Concrete Reinforcing Bar From Turkey: Final Negative
Determination of Sales at Less Than Fair Value and Final Determination
of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of steel concrete reinforcing bar (rebar) from Turkey are not
being, or are not likely to be, sold in the United States at less than
fair value (LTFV), as provided in section 735 of the Tariff Act of
1930, as amended (the Act). The final weighted-average dumping margins
are listed in the ``Final Determination'' section of this notice. The
Department also 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.
DATES: Effective Date: September 15, 2014.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Icdas) or George
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:
Background
On April 24, 2014, the Department published the Preliminary
Determination in the Federal Register.\1\ In the Preliminary
Determination, we postponed the final determination until no later than
135 days after the publication of the Preliminary Determination in
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e) and invited parties to comment on our
Preliminary Determination. We received case and rebuttal briefs from
the Petitioners,\2\ Habas, and Icdas. We also received a case brief
from the interested party Colakoglu Metalurji, A.S. and the Turkish
Steel Exporter's Association. On July 31, 2014, we conducted a public
hearing in this investigation.
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\1\ See 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, 79 FR 22804 (April 24, 2014)
(Preliminary Determination).
\2\ Petitioners are the Rebar Trade Action Coalition and its
members: Nucor Corporation, Gerdau Ameristeel U.S. Inc., Commercial
Metals Company, Cascade Steel Rolling Mills, Inc., and Byer Steel
Corporation.
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Period of Investigation
The period of investigation is July 1, 2012, through June 30, 2013.
Scope Comments
On June 19, 2014, the Petitioners submitted a request that the
Department amend the scope of this investigation to exclude certain
types of deformed steel wire by inserting the sentence below
immediately before the last sentence of the current scope language:
Also excluded from the scope is deformed steel wire meeting ASTM
A1064/A1064M with no bar markings (e.g., mill mark, size or grade)
and without being subject to an elongation test.
We solicited comments on the scope of the investigation from interested
parties in the Initiation Notice \3\ and case briefs. Based on the fact
that no other interested party submitted comments regarding the
Petitioners' request to amend the scope language, we incorporated this
amendment in the ``Scope of the Investigation'' section below.
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\3\ See Steel Concrete Reinforcing Bar From Mexico and Turkey:
Initiation of Antidumping Duty Investigations, 78 FR 60827 (October
2, 2013) (Initiation Notice).
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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). Also excluded from the scope is deformed steel wire meeting
ASTM A1064/A1064M with no bar markings (e.g., mill mark, size or grade)
and without being subject to an elongation test. HTSUS numbers are
provided for convenience and customs purposes; however, the written
description of the scope remains dispositive.
Analysis of the Comments Received
All issues raised in the case briefs by parties to this
investigation are addressed in the Issues and Decision Memorandum.\4\ A
list of the issues which parties raised and to which we responded is in
the Issues and Decision Memorandum and attached to this notice as an
Appendix. 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 (IA
ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and it is available to all parties in the Central
Records Unit (CRU), room 7046 of the main Department of Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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\4\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado titled ``Issues and
Decision Memorandum for the Final Determination in the Less than
Fair Value Investigation of Steel Concrete Reinforcing Bar from
Turkey'' dated concurrently with this notice and hereby adopted by
this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, pre-verification
corrections, and our findings at verifications, we made certain changes
to the margin calculations for Habas and Icdas.\5\
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\5\ For a discussion of these changes, see Memorandum to Neal
Halper titled, ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--Habas,'' dated
concurrently with this notice and Memorandum to the File titled,
``Final Determination in the Antidumping Duty Investigation of Steel
Concrete Reinforcing Bar from Turkey--Analysis Memorandum for
Habas,'' dated concurrently with this notice; see also Memorandum to
Neal Halper titled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--Icdas,'' dated
concurrently with this notice and Memorandum to the File titled,
``Final Determination in the Antidumping Duty Investigation of Steel
Concrete Reinforcing Bar from Turkey--Analysis Memorandum for
Icdas,'' dated concurrently with this notice; see also Memorandum to
the File, titled ``Final Determination in the Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar from Turkey--Sales
Analysis Memorandum for Habas,'' (Sales Analysis Memorandum for
Habas), dated concurrently with this notice; see also Memorandum to
the File, titled ``Final Determination in the Antidumping Duty
Investigation of Steel Concrete Reinforcing Bar from Turkey--Sales
Analysis Memorandum for Icdas,'' (Sales Analysis Memorandum for
Icdas), dated concurrently with this notice.
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[[Page 54966]]
Verification
As provided in section 782(i) of the Act, we conducted sales and
cost verifications of the questionnaire responses submitted by Habas
and Icdas. We used standard verification procedures, including
examination of relevant accounting and production records, as well as
original source documents provided by both companies.
Final Determination of Critical Circumstances
On December 4, 2013, Petitioners filed a timely critical
circumstances allegation pursuant to section 733(e)(l) of the Act and
19 CFR 351.206(c)(l), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration. Based on our
analysis, pursuant to 735(a)(3), we find that critical circumstances do
not exist for Habas and Icdas, but do exist for all other producers and
exporters. The finding for producers and exporters subject to the all
others rate is moot because the antidumping duty margins for Habas and
Icdas are de minimis. Thus, we will not instruct U.S. Customs and
Border Protection (CBP) to retroactively suspend entries for producers
and exporters subject to the all others rate.
For a full description of the methodology and results of our
analysis, see the Critical Circumstances Section of the Issues and
Decision Memorandum.
Final Determination
We 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
(Habas)...................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas)... 0.00
All Others................................................. 0.00
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Consistent with section 735(c)(1) of the Act, the Department has
not determined an estimated all-others rate because it has not made an
affirmative final determination of sales at LTFV.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because the estimated weighted-average dumping margins for the
examined companies are de minimis, we are not directing CBP to suspend
liquidation of entries of rebar from Turkey. As noted above, for this
final determination, the Department found that critical circumstances
exist with respect to the ``all other'' producers and/or exporters. The
finding for ``all others'' is moot because the final determination of
dumping is negative. Thus, we will not instruct CBP to retroactively
suspend entries for firms subject to the all others rate. Further, we
will instruct CBP to liquidate without regard to antidumping duties
those entries that were suspended on or after January 24, 2014, which
is 90 days prior to the date of publication of the Preliminary
Determination in the Federal Register.\6\
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\6\ In the Preliminary Determination, in accordance with section
733(d)(2) of the Act, we directed 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 April 24, 2014 (the date of publication of the Preliminary
Determination notice in the Federal Register), and to require a cash
deposit for such entries in the amounts indicated in the Preliminary
Determination. Because we preliminarily determined that critical
circumstances existed with regard to imports of rebar produced or
exported by Turkish firms other than Habas and Icdas, we directed
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 January 24, 2014, which is 90
days prior to the date of publication of the Preliminary
Determination in the Federal Register.
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In the final determination of the companion countervailing duty
investigation on rebar from Turkey, the Department determined that the
all other companies received a benefit from export subsidies.\7\ The
antidumping duty margins for Habas and Icdas are de minimis and no cash
deposits will be collected. Therefore, no adjustment is required for
export subsidies pursuant to sections 735(c)(1) and 772(c)(1)(C) of the
Act and 19 CFR 351.210(d).\8\ These instructions suspending liquidation
will remain in effect until further notice.
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\7\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, dated
concurrently with this notice.
\8\ Consistent with the Department's practice, where the product
under investigation is also subject to a concurrent countervailing
duty investigation, we instruct CBP to require a cash deposit or
posting of a bond equal to the amount by which the normal value
exceeds the export price or constructed export price, as indicated
in the estimated margin section above, less the amount of the
countervailing duty determined to constitute an export subsidy. See,
e.g., Notice of Final Determination of Sales at Less Than Fair Value
and Negative Critical Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the Republic of Korea, 77 FR
17413 (March 26, 2012).
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission of our final determination.
Return or Destruction of Proprietary Information
This notice will serve as a 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. Timely written notification of
the 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
pursuant to sections 735(d) and 777(i)(l) of the Act.
Dated: September 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Comments
III. Background
IV. Critical Circumstances
V. Scope Comments
VI. Scope of the Investigation
VII. Margin Calculations
VIII. Discussion of the Issues
[[Page 54967]]
1. Whether the Department Should Deny Respondents' Duty Drawback
Adjustments
2. Whether Exempted Duties Should be Added to Costs Regardless
of Whether the Department Grants the Duty Drawback Adjustment
3. Whether the Department Should Revise Habas and Icdas' Home
Market (HM) Control Numbers (CONNUMs) for the Yield Strength Product
Characteristic (MSYSTRH)
4. Whether the Department Should Include Rebar Type (REBARTYPEH/
U) as a Product Characteristic Forming Part of the Control Number
(CONNUM)
5. Whether HM Sales of Foreign Grade Rebar Are Outside the
Ordinary Course of Trade
6. Whether Critical Circumstances Exist for All Others
7. Date of Sale for Habas' U.S. Market
8. Whether the Department Should Utilize Habas' Revised Mill
Scale Offset in the Cost Calculations
9. Whether the Department Should Disallow Habas' Offsets Related
to Prior Fiscal Years
10. Date of Sale for Icdas' U.S. Market
11. Differential Pricing Analysis
12. Denial of Offsets for Non-Dumped Sales When Using the
Average-to-Transaction Method
13. Whether the Department Should Account for Certain COP
Differences not Reported by Icdas
14. Whether the Department Should Adjust Icdas' TOTCOM for
Unreconciled COM Differences
15. Whether the Department Should Adjust the Cost Calculation of
Rebar To Reflect the Production of Short-Length Rebar
16. Whether Icdas Correctly Reported The Byproduct Offset Amount
for Scrap and Related Materials
17. Whether the Department Should Include Insurance Proceeds in
Calculating Icdas' G&A Expenses
IX. Recommendation
[FR Doc. 2014-21986 Filed 9-12-14; 8:45 am]
BILLING CODE 3510-DS-P