[Federal Register: July 9, 2002 (Volume 67, Number 131)]
[Notices]               
[Page 45457-45458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy02-37]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]

 
Final Results of Expedited Sunset Review: Certain Concrete 
Reinforcing Bars from Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of Expedited Sunset Reviews: Certain 
Concrete Reinforcing Bars from Turkey.

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SUMMARY: On March 1, 2002, the Department of Commerce (``the 
Department'') published the notice of initiation of a five-year sunset 
review of the antidumping duty order on reinforcing bars (``REBAR'') 
from Turkey, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act'').\1\ On the basis of a notice of intent to 
participate and adequate substantive comments filed on behalf of 
domestic interested parties, and inadequate response (in this case no 
response) from respondent interested parties, the Department determined 
to conduct an expedited sunset review of this antidumping duty order. 
As a result of this review, the Department finds that revocation of the 
antidumping order would be likely lead to continuation or recurrence of 
dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.
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    \1\ Notice of Initiation of Five Year ``Sunset'' Reviews, 67 FR 
9439 (March 1, 2002).

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EFFECTIVE DATE: July 9, 2002.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Jr., Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202) 482-3330.

SUPPLEMENTARY INFORMATION:

Statute and Regulations:

    This review is conducted pursuant to sections 751(c) and 752 of the 
Act. The Department's procedures for the conduct of sunset reviews are 
set forth in Procedures for Conducting Five-year ( ``Sunset'') Reviews 
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (``Sunset 
Regulations'') and in 19 CFR Part 351 (2001) in general. Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98:3 Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Scope of Review:

    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 in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') under 
item numbers 7213.10.000 and 7214.20.000. The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the scope of this proceeding is dispositive.

Background:

    On March 1, 2002, the Department published the notice of initiation 
of the five-year sunset review of the antidumping duty order on REBAR 
from Turkey in accordance with section 751(c)(6)(A)(i) of the Tariff 
Act of 1930.\2\ On March 18, 2002, the Department received a Notice of 
Intent to Participate on behalf of Ameristeel Corporation, Commercial 
Metals Company, Birmingham Steel Corporation, and Nucor Corporation 
(collectively, ``the domestic interested parties'') as

[[Page 45458]]

specified in section 351.218(d)(1)(i) of the Sunset Regulations. The 
domestic interested parties claim interested party status as a domestic 
producer of REBAR.\3\
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    \2\ Notice of Initiation of Five Year ``Sunset'' Reviews, 67 FR 
9439 (March 1, 2002).
    \3\ Ameristeel was one of the two petitioners in the original 
investigation. Ameristeel has participated in all administrative 
reviews conducted by the Department since the issuance of this 
antidumping duty order. The domestic interested parties note they 
are participants in the Department's third administrative review.
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    On April 8, 2002, the Department received a complete substantive 
response from the domestic interested parties, as specified in the 
Sunset Regulations under section 351.218(d)(3)(i).\4\
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    \4\ On March 28, 2002, the Department received request from 
domestic interested parties for extension of time limits to file a 
substantive response in this proceeding. The Department granted the 
extension to the domestic interested parties and all participants 
eligible to file responses until April 8, 2002.
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    The Department did not receive a substantive response from any 
respondent interested party in this proceeding. Consequently, pursuant 
to section 751(c)(3)(B) of the Act, and 19 CFR 351.218(e)(1)(ii)(C), 
the Department conducted an expedited (120 - day) sunset review of this 
order.

Analysis of Comments Received:

    All issues raised by the domestic interested parties to this sunset 
review are addressed in the Issues and Decision Memorandum (``Decision 
Memorandum'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Faryar Shirzad, Assistant Secretary for Import 
Administration, dated July 1, 2002, which is adopted by this notice. 
The issues discussed in the Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin likely to prevail were the order revoked. Parties can find a 
complete discussion of all issues raised in this sunset review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room B-099, of the Department's main 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``July 2002.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review:

    We determine that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                               Weighted-Average Margin
      Manufacturer/producers/exporter                 (percent)
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Colakoglu Metalurji A.S. or Colakoglu Dis                           9.84
 Ticaret (Colakoglu)......................
Ekinciler Demir Celik or Ekinciler Dis                             18.68
 Ticaret (Ekinciler)......................
Habas Sinai Ve Tibbi Gazlar Istihsal                               18.54
 Endustrisi A.S. (Habas)..................
Izmir Demir Celik Sanayi A.S. (IDC).......                         41.80
Izmir Metalurji Fabrikasi Turk A.S.                                30.16
 (Metas)..................................
All Others................................                         16.06
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    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 of the Department's regulations. 
Timely 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 violation 
which is subject to sanction.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: July 1, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-17194 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-DS-S