11/29/2024 | Press release | Distributed by Public on 11/29/2024 07:37
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Türkiye (Türkiye), covering the period January 1, 2023, through December 31, 2023.
Applicable November 29, 2024.
Peter Shaw, 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) 482-0697.
On July 1, 2024, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on rebar from Türkiye. (1) On July 31, 2024, the Rebar Trade Coalition (the petitioner) timely requested that Commerce conduct an administrative review of Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S (Habas). (2) We received no other requests for review. On August 12, 2024, we received a no shipment certification from Habas. (3) On August 14, 2024, Commerce published in the Federal Register a notice of initiation of an administrative review with respect to Habas. (4) On September 18, 2024, Commerce issued an intent to rescind memorandum notifying interested parties that import data issued by the U.S. Customs and Border Protection (CBP) indicated that Habas did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. (5) Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, Commerce intended to rescind this administrative review with respect to Habas. Commerce provided all parties an opportunity to comment. No parties submitted comments.
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of a CVD order where it concludes that there were no reviewable entries of subject merchandise during the POR. (6) Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate for the review period. (7) Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated CVD assessment rate for the review period. (8) As noted above, CBP confirmed that there were no entries of subject merchandise during the POR with respect to Habas, the only company subject to this review. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3).
As Commerce has proceeded to a final rescission of this administrative review, no cash deposit rates will change. Accordingly, the current cash deposit requirements shall remain in effect until further notice.
Commerce will instruct CBP to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register .
This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction.
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
(1) See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 89 FR 54437 (July 1, 2024).
(2) See Petitioner's Letter, "Request for Administrative Review," dated July 31, 2024.
(3) See Letter, "Habas no shipment letter," dated August 12, 2024.
(4) See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 89 FR 66047 (August 14, 2024).
(5) See Memorandum, "Intent to Rescind Review," dated September 18, 2024.
(6) See, e.g., Certain Hardwood Plywood Products from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2017-2018, 84 FR 54844, 54845 and n.8 (October 11, 2019) (citing Lightweight Thermal Paper from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017)).
(7) See 19 CFR 351.212(b)(2).
(8) See 19 CFR 351.213(d)(3).