Rebar: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on steel concrete reinforcing bar from Japan (A-588-876), Taiwan (A-583-859) and Turkey (A-489-829), and countervailing duty investigation on steel concrete reinforcing bar from Turkey (C-489-830).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized rebar are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Nov. 4, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in December for CV duties and February for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
Commerce said it will pick respondents for these investigations based on CBP import data. Commerce intends to complete selection of respondents to its AD duty investigation investigations by Nov. 7, it said. For the CV duty investigation, only one company, Habas, is not subject to the existing CV duty order on rebar from Turkey, issued in 2014, because Commerce assigned it a zero rate (see 1411060056). The petition requesting this additional CV duty investigation alleges Habas is now benefiting from illegal subsidies
Scope of the AD/CVD Investigations
“The merchandise subject to these investigations is steel concrete reinforcing bar imported in either straight length or coil form (rebar) regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test.
“The subject merchandise includes rebar that has been further processed in the subject country or a third country, including but not limited to cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the rebar.
“Specifically excluded are plain rounds (i.e., nondeformed 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.
“At the time of the filing of the petition, there was an existing countervailing duty order on steel reinforcing bar from the Republic of Turkey. Steel Concrete Reinforcing Bar From the Republic of Turkey, 79 Fed. Reg. 65,926 (Dep’t Commerce Nov. 6, 2014) (2014 Turkey CVD Order). The scope of this countervailing duty investigation with regard to rebar from Turkey covers only rebar produced and/or exported by those companies that are excluded from the 2014 Turkey CVD Order. At the time of the issuance of the 2014 Turkey CVD Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only excluded Turkish rebar producer or exporter.
“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, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
“HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.”
Comments on Scope Due Oct. 31
Participants in the AD/CVD investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Oct. 31.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 09/20/16 | 09/20/16 |
| DOC initiation date | 10/11/16 | 10/11/16 |
| ITC prelim determinations* | 11/04/16 | 11/04/16 |
| DOC prelim determinations† | 02/28/17 | 12/15/16 |
| DOC final determinations† | 05/15/17 | 02/28/17 |
| ITC final determinations‡ | 06/28/17 | 04/14/17 |
| Issuance of orders+ | 07/05/17 | 04/21/17 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1609200023 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).