90 FR 123 pgs. 27846-27851 - Steel Concrete Reinforcing Bar From Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
Type: NOTICEVolume: 90Number: 123Pages: 27846 - 27851
Pages: 27846, 27847, 27848, 27849, 27850, 27851Docket number: [A-721-001, A-487-002, A-729-805, A-552-853]
FR document: [FR Doc. 2025-12045 Filed 6-27-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
[top]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-721-001, A-487-002, A-729-805, A-552-853]
Steel Concrete Reinforcing Bar From Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
DATES:
Applicable June 24, 2025.
FOR FURTHER INFORMATION CONTACT:
Anjali Mehindiratta at (202) 482-9127 (Algeria), Hermes Pinilla at (202) 482-3477 (Bulgaria), Anne Entz at (202) 482-3845 (Egypt), and Charles Doss at (202) 482-4474 (the Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On June 4, 2025, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of steel concrete reinforcing bar (rebar) from Algeria, Bulgaria, Egypt, and Vietnam filed in proper form on behalf of the Rebar Trade Action Coalition (the petitioner) and its individual members, domestic producers of rebar. 1 The AD Petitions were accompanied by countervailing duty (CVD) petitions concerning imports of rebar from Algeria, Egypt, and Vietnam. 2
Footnotes:
1 ? See Petitioner's Letter, "Petitions for the Imposition of Antidumping and Countervailing Duties," dated June 4, 2025 (Petitions). The individual members of the Rebar Trade Action Coalition are Byer Steel Corporation, Commercial Metals Company, Gerdau Ameristeel U.S. Inc., Nucor Corporation, Optimus Steel, and Steel Dynamics, Inc.
2 ? Id.
Between June 9 and 20, 2025, Commerce requested supplemental information pertaining to certain aspects of the Petitions in supplemental questionnaires. 3 Between June 11 and 23, 2025, the petitioner filed timely responses to these requests for additional information. 4
Footnotes:
3 ? See Commerce's Letters, "Supplemental Questions," dated June 9, 2025 (First General Issues Questionnaire) and First Country-Specific Supplemental Questionnaires: Algeria Supplemental, Bulgaria Supplemental, Egypt Supplemental, and Vietnam Supplemental, dated June 10, 2025; see also Memorandum, "Teleconference with Counsel to the Petitioner," dated June 20, 2025 (June 20, 2025, Memorandum); and Country-Specific Memoranda, "Teleconference with Counsel to the Petitioner," dated June 20, 2025.
4 ? See Petitioner's Letters, "Petitioner's Response to the 1st Supplemental Questionnaire Regarding Common Issues and Injury Volume I of the Petition," dated June 11, 2025 (First General Issues Supplement); "First Country-Specific AD Supplemental Responses: First Angola AD Supplement," "First Algeria AD Supplement," "First Egypt AD Supplement," and "First Vietnam AD Supplement," dated June 12, 2025; "Petitioner's Response to the 2nd Supplemental Questionnaire Regarding Common Issues and Injury Volume I of the Petition," dated June 23, 2025 (Second General Issues Supplement); and "Second Country-Specific AD Supplemental Responses: Second Angola AD Supplement," "Second Algeria AD Supplement," "Second Egypt AD Supplement," and "Second Vietnam AD Supplement," dated June 23, 2025.
In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of rebar from Algeria, Bulgaria, Egypt, and Vietnam are being, or are likely to be, sold in the United States at less than fair value (LTFV) within the meaning of section 731 of the Act, and that imports of such products are materially injuring, or threatening material injury to, the rebar industry in the United States. Consistent with section 732(b)(1) of the Act, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry, because the petitioner and its individual members are interested parties, as defined in sections 771(9)(C) and (F) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support for the initiation of the requested LTFV investigations. 5
Footnotes:
5 ? See section on "Determination of Industry Support for the Petitions," infra.
Periods of Investigations (POI)
Because the Petitions were filed on June 4, 2025, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the Algeria, Bulgaria, and Egypt LTFV investigations is April 1, 2024, through March 31, 2025. Because Vietnam is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam LTFV investigation is October 1, 2024, through March 31, 2025.
Scope of the Investigations
The product covered by these investigations is rebar from Algeria, Bulgaria, Egypt, and Vietnam. For a full description of the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On June 20, 2025, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petitions is an accurate reflection of the products for which the domestic industry is seeking relief. 6 On June 23, 2025, the petitioner provided clarifications. 7 The description of merchandise covered by these investigations, as described in the appendix to this notice, reflects these clarifications.
Footnotes:
6 ? See June 20, 2025, Memorandum.
7 ? See Second General Issues Supplement at 1-2.
[top] As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage ( i.e., scope). 8 Commerce will consider all scope comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments
Footnotes:
8 ? See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (June 19, 1997) ( Preamble ); see also 19 CFR 351.312.
9 ? See 19 CFR 351.102(b)(21) (defining "factual information").
Commerce requests that any factual information that parties consider relevant to the scope of these investigations be submitted during that period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies. 10 An electronically filed document must be received successfully in its entirety by the time and date it is due.
Footnotes:
10 ? See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of rebar to be reported in response to Commerce's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors of production (FOP) or cost of production (COP) accurately, as well as to develop appropriate product comparison criteria.
Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) general product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe rebar, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all product characteristics comments must be filed by 5:00 p.m. ET on July 14, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments must be filed by 5:00 p.m. ET on July 24, 2025, which is 10 calendar days from the initial comment deadline. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the each of the LTFV investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the "industry."
Section 771(4)(A) of the Act defines the "industry" as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether "the domestic industry" has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product, 11 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law. 12
Footnotes:
11 ? See section 771(10) of the Act.
12 ? See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
Section 771(10) of the Act defines the domestic like product as "a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title." Thus, the reference point from which the domestic like product analysis begins is "the article subject to an investigation" ( i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition).
[top] With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigations. 13 Based on our analysis
Footnotes:
13 ?For a discussion of the domestic like product analysis as applied to these cases and information regarding industry support, see Checklists, "Antidumping Duty Investigation Initiation Checklists: Steel Concrete Reinforcing Bar from Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam," dated concurrently with, and hereby adopted by, this notice (Country-Specific AD Initiation Checklists), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Steel Concrete Reinforcing Bar from Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam (Attachment II). These checklists are on file electronically via ACCESS.
14 ?For further discussion, see Attachment II of the Country-Specific AD Initiation Checklists.
In determining whether the petitioner has standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the "Scope of the Investigations," in the appendix to this notice. To establish industry support, the petitioner provided the 2024 production of the domestic like product for the U.S. producers that support the Petitions and compared this to total production of the domestic like product by the U.S. rebar industry. 15 We relied on data provided by the petitioner for purposes of measuring industry support. 16
Footnotes:
15 ? Id.
16 ? Id.
Our review of the data provided in the Petitions, the First General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petitions. 17 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support ( e.g., polling). 18 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product. 19 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions. 20 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. 21
Footnotes:
17 ? Id.
18 ? Id.; see also section 732(c)(4)(D) of the Act.
19 ? See Attachment II of the Country-Specific AD Initiation Checklists.
20 ? Id.
21 ? Id.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at LTFV. In addition, the petitioner alleges that subject imports from Algeria, Bulgaria, Egypt, and Vietnam individually exceed the negligibility threshold provided for under section 771(24)(A) of the Act. 22
Footnotes:
22 ?For further discussion, see Country-Specific AD Initiation Checklists at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Steel Concrete Reinforcing Bar from Algeria, Bulgaria, Egypt, and the Socialist Republic of Vietnam (Attachment III).
The petitioner contends that the industry's injured condition is illustrated by the significant volume of subject imports; reduced market share; underselling and price depression and/or suppression; lost sales and revenues; and declines in the domestic industry's production, capacity utilization, shipment values, and financial performance. 23 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation. 24
Footnotes:
23 ? See Attachment III of the Country-Specific AD Initiation Checklists.
24 ? Id.
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate LTFV investigations of imports of rebar from Algeria, Bulgaria Egypt, and Vietnam. The sources of data for the deductions and adjustments relating to U.S. price and normal value (NV) are discussed in greater detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Algeria, the petitioner based export price (EP) on the POI average unit value (AUV) derived from official import statistics for imports of rebar from Algeria. 25 For Bulgaria, Egypt, and Vietnam, the petitioner based EP on transaction-specific AUVs ( i.e., month- and port-specific AUVs) derived from official import statistics and tied to ship manifest data. 26 For each country, the petitioner made certain adjustments to U.S. price to calculate a net ex-factory U.S. price, where applicable. 27
Footnotes:
25 ? See Algeria AD Initiation Checklist.
26 ? See Country-Specific AD Initiation Checklists.
27 ? Id.
Normal Value? 28
Footnotes:
28 ?In accordance with section 773(b)(2) of the Act, for the Algeria, Bulgaria, and Egypt investigations, Commerce will request information necessary to calculate the constructed value (CV) and COP to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product.
For Algeria, Bulgaria, and Egypt, the petitioner stated that it was unable to obtain home market or third-country pricing information for rebar produced in the respective countries to use as a basis for NV. 29 Therefore, for Algeria, Bulgaria, and Egypt, the petitioner calculated NV based on CV. For further discussion of CV, see the section "Normal Value Based on Constructed Value."
Footnotes:
29 ? See Country-Specific AD Initiation Checklists.
Commerce considers Vietnam to be an NME country. 30 In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat Vietnam as an NME country for purposes of the initiation of the LTFV investigation. Accordingly, we base NV on FOPs valued in a surrogate market economy country in accordance with section 773(c) of the Act.
Footnotes:
30 ? See, e.g., Raw Honey from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Changed Circumstances Review, 89 FR 64411 (August 7, 2024), and accompanying NME Analysis Memorandum at 5.
The petitioner claims that Egypt is an appropriate surrogate country for Vietnam because it is a market economy that is at a level of economic development comparable to that of Vietnam and is a significant producer of comparable merchandise. 31 The petitioner provided publicly available information from Egypt to value all FOPs. 32 Based on the information provided by the petitioner, we believe it is appropriate to use Egypt as a surrogate country for Vietnam to value all FOPs for initiation purposes.
Footnotes:
31 ? See Vietnam AD Initiation Checklist.
32 ? Id.
[top] Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available
Factors of Production
Because information regarding the volume of inputs consumed by Vietnamese producers/exporters was not reasonably available, under the NME methodology, the petitioner used the production experience and product-specific consumption rates of a U.S. producer of rebar as a surrogate to value Vietnamese manufacturers' FOPs. 33 Additionally, the petitioner calculated factory overhead, selling, general, and administrative expenses (SG&A), and profit based on the experience of an Egyptian producer of identical merchandise. 34
Footnotes:
33 ? Id.
34 ? Id.
Normal Value Based on Constructed Value
As noted above for Algeria, Bulgaria, and Egypt, the petitioner stated that it was unable to obtain home market or third-country prices for rebar to use as a basis for NV. Therefore, for Algeria, Bulgaria, and Egypt, the petitioner calculated NV based on CV. 35
Footnotes:
35 ? See Country-Specific AD Initiation Checklists.
Pursuant to section 773(e) of the Act, the petitioner calculated CV as the sum of the cost of manufacturing, SG&A expenses, financial expenses, and profit. 36 In calculating the cost of manufacturing, the petitioner relied on the production experience and input consumption rates of a U.S. producer of rebar, valued using publicly available information applicable to Algeria, Bulgaria, and Egypt, where applicable. 37 For calculating SG&A expenses, financial expenses, and profit ratios, the petitioner relied on the financial statements of a producer of identical merchandise domiciled in the respective countries. 38
Footnotes:
36 ? Id.
37 ? Id.
38 ? Id.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to believe that imports of rebar from Algeria, Bulgaria, Egypt, and Vietnam are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for rebar for each of the countries covered by this initiation are as follows: (1) Algeria-127.32 percent; (2) Bulgaria-27.79 percent; (3) Egypt-110.87 to 128.98 percent; and (4) Vietnam-117.61 percent. 39
Footnotes:
39 ? Id.
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 732 of the Act. Therefore, we are initiating LTFV investigations to determine whether imports of rebar from Algeria, Bulgaria, Egypt, and Vietnam are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of these initiations.
Respondent Selection
Algeria, Bulgaria, and Egypt
In the Petitions, the petitioner identified four companies in Algeria, seven companies in Bulgaria, and 13 companies in Egypt as producers and/or exporters of rebar. 40
Footnotes:
40 ? See Petitions at Volume I (page 17 and Exhibit I-10); see also First General Issues Supplement at 1.
Following standard practice in LTFV investigations involving market economy countries, in the event Commerce determines that the number of companies is large, and it cannot individually examine each company based upon Commerce's resource, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) listed in the "Scope of the Investigations," in the appendix.
On June 23, 2025, Commerce released CBP data on imports of rebar from Algeria, Bulgaria, and Egypt under administrative protective order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment on CBP data and/or respondent selection must do so within three business days of the publication date of the notice of initiation of these investigations. 41 Comments must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce will not accept rebuttal comments regarding the CBP data or respondent selection.
Footnotes:
41 ? See Country-Specific Memoranda, "Release of U.S. Customs and Border Protection Entry Data," dated June 23, 2025.
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Vietnam
In the Petitions, the petitioner identified 10 companies in Vietnam as producers/exporters of rebar. 42 Our standard practice for respondent selection in AD investigations involving NME countries is to select respondents based on quantity and value (Q&V) questionnaires in cases where Commerce has determined that the number of companies is large, and it cannot individually examine each company based upon its resources. Therefore, considering the number of producers and/or exporters identified in the Petition, Commerce will solicit Q&V information that can serve as a basis for selecting exporters for individual examination in the event that Commerce determines that the number is large and decides to limit the number of respondents individually examined pursuant to section 777A(c)(2) of the Act. Because there are 10 Vietnamese producers and/or exporters identified in the Petitions, Commerce has determined that it will issue Q&V questionnaires to each potential respondent for which there is complete address information on the record.
Footnotes:
42 ? See Petitions at Volume I (page 17 and Exhibit I-10).
[top] Commerce will post the Q&V questionnaires along with filing instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of rebar in Vietnam that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Commerce's website. Responses to the Q&V questionnaire must be submitted by the relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on July 8, 2025, which is two weeks from the signature date of this notice. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Interested parties must submit applications for disclosure under administrative protective order (APO) in accordance with 19 CFR 351.305(b). As stated above, instructions for filing such applications may be found on
Separate Rates
In order to obtain separate rate status in an NME investigation, exporters and producers must submit a separate rate application. The specific requirements for submitting a separate rate application in an NME investigation are outlined in detail in the application itself, which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. Note that Commerce recently promulgated new regulations pertaining to separate rates, including the separate rate application deadline and eligibility for separate rate status, in 19 CFR 351.108. 43 Pursuant to 19 CFR 351.108(d)(1), the separate rate application will be due 21 days after publication of this initiation notice. 44 Exporters and producers must file a timely separate rate application if they want to be considered for individual examination. In addition, pursuant to 19 CFR 351.108(e), exporters and producers who submit a separate rate application and have been selected as mandatory respondents will be eligible for consideration for separate rate status only if they fully respond to all parts of Commerce's AD questionnaire and participate in the LTFV proceeding as mandatory respondents. 45 Commerce requires that companies from Vietnam submit a response both to the Q&V questionnaire and to the separate rate application by the respective deadlines to receive consideration for separate rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration.
Footnotes:
43 ? See Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694, 101759-60 (December 16, 2024).
44 ? See 19 CFR 351.108(d)(1).
45 ? See 19 CFR 351.108(e).
Use of Combination Rates
Upon applying an NME methodology, Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states:
{w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that {Commerce} will now assign in its NME investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the {weighted average} of the individually calculated rates. This practice is referred to as the application of "combination rates" because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation. 46
Footnotes:
46 ? See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, "Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving NME Countries," (April 5, 2005), at 6 (emphasis added), available on Commerce's website at https://access.trade.gov/Resources/policy/bull05-1.pdf.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petitions has been provided to the governments of Algeria, Bulgaria, Egypt, and Vietnam via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of rebar from Algeria, Bulgaria, Egypt, and/or Vietnam are materially injuring, or threatening material injury to, a U.S. industry. 47 A negative ITC determination for any country will result in the investigation being terminated with respect to that country. 48 Otherwise, these LTFV investigations will proceed according to statutory and regulatory time limits.
Footnotes:
47 ? See section 733(a) of the Act.
48 ? Id.
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted? 49 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. 50 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations.
Footnotes:
49 ? See 19 CFR 351.301(b).
50 ? See 19 CFR 351.301(b)(2).
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV, stating that "if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology." When an interested party submits a PMS allegation pursuant to section 773(e) of the Act ( i.e., a cost-based PMS allegation), the submission must be filed in accordance with the requirements of 19 CFR 351.416(b), and Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), sets a deadline for the submission of cost-based PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a cost-based PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent's initial section D questionnaire response.
[top] We note that a PMS allegation filed pursuant to sections 773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act ( i.e., a sales-based PMS allegation) must be filed within 10 days of submission of a
Extensions of Time Limits
Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. 51 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce's regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in these investigations. 52
Footnotes:
51 ? See 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) ( Time Limits Final Rule ), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
52 ? See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information. 53 Parties must use the certification formats provided in 19 CFR 351.303(g). 54 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements.
Footnotes:
53 ? See section 782(b) of the Act.
54 ? See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) ( Final Rule ). Additional information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
Notification to Interested Parties
Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in these investigations should ensure that they meet the requirements of 19 CFR 351.103(d) ( e.g., by filing the required letter of appearance). Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 55
Footnotes:
55 ? See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023).
This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 24, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the 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.
The subject merchandise includes rebar that has been further processed in the subject countries 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 these investigations if performed in the country of manufacture of the rebar.
Specifically excluded are plain rounds ( i.e., nondeformed or smooth rebar).
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 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.
[FR Doc. 2025-12045 Filed 6-27-25; 8:45 am]
BILLING CODE 3510-DS-P