[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Notices]
[Pages 45611-45612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21321]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-807]
Certain Steel Concrete Reinforcing Bars From Turkey; Final
Results and Final Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 6, 2009, 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
(rebar) from Turkey. This review covers two producers/exporters of the
subject merchandise to the United States. The period of review (POR) is
April 1, 2007, through March 25, 2008.
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. The final results,
consequently, 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: September 3, 2009.
FOR FURTHER INFORMATION CONTACT: Hector Rodriguez or Holly Phelps, AD/
CVD Operations, Office 2, Import Administration - Room 1870,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-0629 or (202) 482-0656, respectively.
SUPPLEMENTARY INFORMATION:
Background
The administrative review covers the following two producers/
exporters: Ekinciler Demir ve Celik Sanayi A.S. and Ekinciler Dis
Ticaret A.S. (collectively, ``Ekinciler''), and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. (Kaptan).
On May 6, 2009, the Department published in the Federal Register
the preliminary results of the 2007-2008 administrative review of the
antidumping duty order on rebar from Turkey. See Certain Steel Concrete
Reinforcing Bars from Turkey; Preliminary Results and Preliminary
Partial Rescission of Antidumping Duty Administrative Review, 74 FR
20911 (May 6, 2009) (Preliminary Results).
We invited parties to comment on our preliminary results. In June
2009, we received a case brief from Kaptan. We did not receive rebuttal
briefs from any party. The Department has conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (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
under subheadings 7213.10.000 and 7214.20.000 of the Harmonized Tariff
Schedule of the United States (HTSUS). The HTSUS subheadings are
provided for convenience and customs purposes. The written description
of the scope of this order is dispositive.
Period of Review
The POR is April 1, 2007, through March 25, 2008.
Partial Rescission of Review
In April 2008, the Department received timely requests, in
accordance with 19 CFR 351.213(b)(1), from the domestic interested
parties to conduct a review for Ege Celik Endustrisi Sanayi ve Ticaret
A.S. (Ege Celik), Izmir Demir Celik Sanayi A.S. (IDC), Kroman Celik
Sanayi A.S. (Kroman), and Nursan Celik Sanayi ve Haddecilik A.S.
(Nursan), and in June 2008 the Department initiated an administrative
review of these four companies. During this same month, each of these
respondents informed the Department that it did not export rebar to the
United States during the POR. We have confirmed this with U.S. Customs
and Border Protection (CBP). See the April 30, 2009, memorandum to the
file from Hector Rodriguez, Analyst, entitled, ``Confirmation of No
Shipments for Certain Companies in the 2007-2008 Antidumping Duty
Administrative Review on Certain Steel Concrete Reinforcing Bars from
Turkey.'' 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 Ege Celik, IDC, Kroman, and Nursan. See, e.g., Certain
Frozen Warmwater Shrimp from Thailand: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review, 72 FR 52065,
52067 (Sept. 12, 2007); and Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination To Revoke in Part, 70
FR 67665, 67666 (Nov. 8, 2005).
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Ekinciler and Kaptan made home
market sales of the foreign like product during the POR at prices below
their costs of production (COP) within the meaning of section 773(b)(1)
of the Act. We performed the cost test for these final results
following the same methodology as in the Preliminary Results. We found
20 percent or more of Ekinciler's and Kaptan'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
[[Page 45612]]
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) - (D) of the Act.
Therefore, for purposes of these final results, we found that
Ekinciler and Kaptan made below-cost sales not in the ordinary course
of trade. Consequently, we disregarded these sales for Ekinciler and
Kaptan and used the remaining sales as the basis for determining NV
pursuant to section 773(b)(1) of the Act.
Analysis of Comments Received
The issues raised in Kaptan's case brief 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
1117, 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 the comments received, we have made
certain changes in the margin calculation for Kaptan. These changes are
discussed in detail 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, 2007, through March 25, 2008:
------------------------------------------------------------------------
Manufacturer/Producer/Exporter Margin Percentage
------------------------------------------------------------------------
Ekinciler Demir ve Celik Sanayi A.S./Ekinciler Dis 0.35
Ticaret A.S........................................
Kaptan Demir Celik Endustrisi ve Ticaret A.S........ 0.00
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR 351.212.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
assessment rates for each respondent based on the ratio of the total
amount of antidumping duties calculated for the examined sales to the
total entered value of those sales.
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 intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by companies included in these final results of review for
which the reviewed companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.
Cash Deposit Requirements
In December 2008, the International Trade Commission (ITC)
determined, pursuant to section 751(c) of the Act, that revocation of
this order would not be likely to lead to the continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time. See Steel Concrete Reinforcing
Bar From Turkey; Determination, 73 FR 77841 (Dec. 19, 2008). See also
Steel Concrete Reinforcing Bars from Turkey, Inv. No. 701-TA-745
(Second Review), USITC Pub. 4 (Jan. 2009). As a result of the ITC's
negative determination, the Department revoked the order on rebar from
Turkey on January 5, 2009, effective as of March 26, 2008 (i.e., the
fifth anniversary of the date of publication in the Federal Register of
the notice of continuation of this antidumping duty order). See
Revocation of Antidumping Duty Order: Certain Steel Concrete
Reinforcing Bars from Turkey, 74 FR 266 (Jan. 5, 2009). Consequently,
the collection of cash deposits of antidumping duties on entries of the
subject merchandise is no longer required.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), 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 double antidumping duties.
Notification to Interested Parties
This notice 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 written
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 these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: August 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix - Issues in Decision Memorandum
Company-Specific Issues
1. Duty Drawback Adjustment for Kaptan
2. Cost of Raw Materials Adjustment for Kaptan
3. Date of Sale for Kaptan
4. Affiliated Party Freight Revenue for Kaptan
[FR Doc. E9-21321 Filed 9-2-09; 8:45 am]
BILLING CODE 3510-DS-S