Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
| Published date | 28 January 2020 |
| Citation | 85 FR 4945 |
| Record Number | 2020-01434 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 85 Issue 18 (Tuesday, January 28, 2020)
[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 4945-4947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01434]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-819]
Steel Concrete Reinforcing Bar From the Republic of Turkey: Final
Results of the Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
order on steel concrete reinforcing bar
[[Page 4946]]
(rebar) from the Republic of Turkey (Turkey) would be likely to lead to
continuation or recurrence of countervailable subsidies at the levels
as indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable January 28, 2020.
FOR FURTHER INFORMATION CONTACT: Charlotte Baskin-Gerwitz, 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) 482-4880.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2014, Commerce published the countervailing duty
order on rebar from Turkey in the Federal Register.\1\ On October 1,
2019, Commerce published the notice of initiation of the first five-
year (sunset) review of the Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\2\ On October 16, 2019,
Commerce received a notice of intent to participate from the Rebar
Trade Action Coalition (RTAC) and its individual members \3\
(collectively, the domestic interested parties), within the deadline
specified in 19 CFR 351.218(d)(1)(i).\4\ The domestic interested
parties claimed interested party status under section 771(9)(F) of the
Act as an association, a majority of whose members are composed of
interested parties within the meaning of section 771(9)(C)--a
manufacturer of the domestic like product.\5\
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\1\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Countervailing Duty Order, 79 FR 65926, 65927 (November 6,
2014) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 84 FR 52067
(October 1, 2019) (Notice of Initiation).
\3\ RTAC's individual members are Nucor Corporation, Gerdau
Ameristeel U.S. Inc., Commercial Metals Company, and Steel Dynamics,
Inc.
\4\ See Domestic Interested Parties' Letter, ``Steel Concrete
Reinforcing Bars from the Republic of Turkey: Notice of Intent to
Participate in Sunset Review,'' dated October 16, 2019.
\5\ Id. at 2.
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On October 30, 2019, Commerce received adequate substantive
responses to the Notice of Initiation from the domestic interested
parties and the Government of Turkey (GOT) within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce received no
substantive response from any respondent interested parties.
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\6\ See Domestic Interested Parties' Letter, ``Steel Concrete
Reinforcing Bar from the Republic of Turkey: Substantive Response to
Notice of Initiation,'' dated October 30, 2019; and see also GOT's
Letter, ``Substantive Response of the Government of the Republic of
Turkey in the First Sunset Review of the Countervailing Duty Order
on Steel Concrete Reinforcing Bar,'' dated October 30, 2019.
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On November 22, 2019, Commerce notified the U.S. International
Trade Commission (ITC) that it did not receive an adequate substantive
response from respondent interested parties.\7\ Accordingly, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted an expedited (120-day) sunset review of the Order.
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\7\ See Commerce's Letter, ``Sunset Review Initiated on October
1, 2019,'' dated November 22, 2019.
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Scope of the Order
The merchandise covered by the Order 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 Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum, including the likelihood of continuation or
recurrence of countervailable subsidies and the net countervailable
subsidy likely to prevail if the order were revoked.\8\ 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 Services System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov, and to all parties in the
Central Records Unit in Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/index.html.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content. A list of the issues discussed in
the decision memorandum is attached at the Appendix to this notice.
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Countervailing Duty Order on
Drawn Stainless Steel Sinks from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following rates:
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\9\ These companies were found to be cross-owned in a prior
segment of this proceeding. See Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2014, 82 FR 26907 (June
12, 2017).
\10\ These companies were found to be cross-owned in a prior
segment of this proceeding. See Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2015, 83 FR 16051 (April
13, 2018).
\11\ Merchandise either produced or exported by Habas (but not
both) is subject to the all others rate.
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Manufacturer/producer/exporter Net countervailable subsidy (%)
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Icdas Celik Enerji Tersane ve 4.02.
Ulasim Sanayi A.S.
Kaptan Demir Celik Endustrisi ve 1.25.
Ticaret A.S. and Kaptan Metal
Dis Ticaret ve Nakliyat A.S.
(collectively, Kaptan) \9\.
Colakoglu Dis Ticaret A.S. and 1.25.
Colakoglu Metalurji A.S.
(collectively, Colakoglu) \10\.
Produced and Exported by Habas Excluded from the Order.
Sinai ve Tibbi Gazlar Istihsal
Endustrisi A.S. (Habas) \11\.
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All Others................... 1.25.
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[[Page 4947]]
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305(a).
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 terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing the final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.
Dated: January 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020-01434 Filed 1-27-20; 8:45 am]
BILLING CODE 3510-DS-P
