91 FR 48074 · published 2026-07-30
· Commerce Department, International Trade Administration
Mirrored from the Federal Register (retrieved 2026-08-08) —
the official copy is at federalregister.gov
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The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Socialist Republic of Vietnam (Vietnam) during the period of investigation (POI), January 1, 2024, through December 31, 2024.
[Federal Register Volume 91, Number 145 (Thursday, July 30, 2026)]
[Notices]
[Pages 48074-48076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15437]
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-854]
Steel Concrete Reinforcing Bar From the Socialist Republic of
Vietnam: Final Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of steel concrete reinforcing bar (rebar) from the Socialist Republic
of Vietnam (Vietnam) during the period of investigation (POI), January
1, 2024, through December 31, 2024.
DATES: Applicable July 30, 2026.
FOR FURTHER INFORMATION CONTACT: Erin Howard or Thomas Schauer, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3453 or (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2026, Commerce published in the Federal Register its
Preliminary Determination and invited comments from interested
parties.\1\ In the Preliminary Determination, and in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.210(b)(4), Commerce aligned the final countervailing duty
(CVD) determination with the final determination in the less-than-fair-
value investigation of rebar from Vietnam.\2\ Further, on May 13, 2026,
Commerce issued its Post-Preliminary Analysis Memorandum.\3\
\1\ See Steel Concrete Reinforcing Bar from the Socialist
Republic of Vietnam: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 91 FR 1265 (January 13, 2026)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Determination, 91 FR at 1266.
\3\ See Memorandum, ``Post-Preliminary Analysis,'' dated May 13,
2026 (Post-Preliminary Analysis Memorandum).
For a complete description of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, see the
Issues and Decision Memorandum.\4\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/frnotices.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Steel Concrete Reinforcing Bar from the Socialist
Republic of Vietnam,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
Scope of the Investigation
The product covered by this investigation is rebar from Vietnam.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, Commerce is not modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Steel Concrete Reinforcing Bar from Algeria, Bulgaria,
Egypt, and the Socialist Republic of Vietnam: Initiation of Less-
Than-Fair-Value Investigations, 90 FR 27846 (June 30, 2025)
(Initiation Notice).
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Act. Specifically, we conducted on-site
verification of the subsidy information reported by Hoa Phat Group
Joint Stock Company (HPG) in May 2026 using standard verification
procedures, including an examination of relevant sales, accounting
records and original source documents.\7\
\7\ See Memorandum, ``Verification of the Questionnaire
Responses of Hoa Phat Group Joint Stock Company and Its Cross-Owned
Companies,'' dated June 2, 2026.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation are discussed in the Issues and Decision
Memorandum. For a complete list of the issues raised by parties, and to
which we responded in the Issues and Decision Memorandum, see Appendix
II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\8\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
In making this final determination, Commerce relied, in part, on
facts otherwise available, with adverse inferences (AFA), pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
methodology, including our application of AFA, see the Preliminary
Determination, Post-Preliminary Analysis Memorandum,\9\ and Issues and
Decision Memorandum.
\9\ See Post-Preliminary Analysis Memorandum at 5-11.
Changes Since the Preliminary Determination
Based on our review of the information examined at verification and
analysis of the comments received from interested parties, we made
certain changes to the countervailable subsidy rate calculations for
HPG which, in turn, impacted the rates assigned to all other producers/
exporters. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted average
countervailable subsidy rates established for those exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely under section 776 of the Act. If the rates
established for all exporters and producers individually investigated
are zero, de minimis, or determined entirely under facts available,
Commerce may use any reasonable method to establish an all-others
rate.\10\
\10\ See sections 705(c)(5)(A)(i) and (ii) of the Act.
In this investigation, Commerce calculated an individual estimated
countervailable subsidy rate for HPG that is not zero, de minimis, or
based entirely on the facts otherwise available. Therefore, Commerce
calculated the all-others rate using the individual estimated subsidy
rate calculated for the sole examined respondent, i.e., HPG.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist for the period January 1, 2024,
through December 31, 2024:
\11\ Commerce continues to find the following companies to be
cross-owned with Hoa Phat Group Joint Stock Company: Hoa Phat Dung
Quat Steel Joint Stock Company, Hoa Phat Hai Duong Steel Joint Stock
Company, Hoa Phat Hung Yen Steel Limited Liability Company, Hoa Phat
Energy Joint Stock Company, An Thong Mineral Investment Joint Stock
Company, Hoa Phat Iron and Steel Joint Stock Company, Hoa Phat Metal
Producing Company Limited, Hoa Phat Prestressed Concrete One Member
Limited Liability Company, and Hoa Phat Steel Products Joint Stock
Company.
Subsidy rate
Company (percent ad
valorem)
Hoa Phat Group Joint Stock Company \11\................. 6.80
All Others.............................................. 6.80
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise, as described in the
scope of the investigation section, that were entered, or withdrawn
from warehouse, for consumption on or after January 13, 2026, the date
of publication of the Preliminary Determination in the Federal
Register, for entries produced and/or exported by HSG and all other
producers and exporters.\12\ In accordance with section 703(d) of the
Act, we instructed CBP to discontinue the suspension of liquidation of
all entries of subject merchandise entered or withdrawn from warehouse,
on or after May 13, 2026, the first day provisional measures were no
longer in
effect, but to continue the suspension of liquidation of all entries of
subject merchandise on or before May 12, 2026.
\12\ See Post-Preliminary Analysis Memorandum.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for such
entries of subject merchandise in the amounts indicated above. Pursuant
to section 705(c)(2) of the Act, if the ITC determines that material
injury, or threat of material injury, does not exist, this proceeding
will be terminated, and all estimated duties deposited or securities
posted as a result of the suspension of liquidation will be refunded or
cancelled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of rebar from
Vietnam. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of rebar from Vietnam. In addition, we are making available to
the ITC all non-privileged and non-proprietary information related to
this investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance. If
the ITC determines that material injury or threat of material injury
does not exist, this proceeding will be terminated and all cash
deposits will be refunded.
If the ITC determines that such injury does exist, Commerce will
issue a CVD order directing CBP to assess, upon further instruction by
Commerce, countervailing duties on all imports of the subject
merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order (APO)
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: July 27, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation 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 this investigation 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation Information
IV. Analysis of Programs
V. Discussion of the Issues
Comment 1: Which Benchmark Should Be Used for Iron Ore, Ferrous
Scrap, and Ferroalloys
Comment 2: Whether All of HPG's Iron Ore, Ferrous Scrap, and
Ferroalloys Purchases Are Countervailable
Comment 3: Whether the Provision of Coal and Coking Coal, Lime
and Limestone, and Liquified Petroleum Gas for Less-Than-Adequate-
Remuneration (LTAR) Programs Are Specific
Comment 4: Whether the Direct Reduced Iron and Hot Briquetted
Iron for LTAR Program Provides a Financial Contribution
Comment 5: Whether HPG's Loans from State-Owned Commercial Banks
Are Countervailable
Comment 6: Which Benchmark Should Be Used for Electricity for
LTAR
Comment 7: Whether Verification Findings Should Be Corrected
Comment 8: Whether HPG's Electricity Purchases Were for LTAR
Comment 9: Whether HPG's Electricity Sales Were for More-Than-
Adequate-Remuneration
Comment 10: Whether HPG's Iron Ore, Ferrous Scrap, and
Ferroalloys Purchases Were for LTAR
VI. Recommendation
[FR Doc. 2026-15437 Filed 7-29-26; 8:45 am]
BILLING CODE 3510-DS-P
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