81_FR_47489 81 FR 47349 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Affirmative Countervailing Duty Determination

81 FR 47349 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47349-47351
FR Document2016-17315

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation (POI) is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47349-47351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17315]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Final Affirmative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of heavy walled rectangular welded carbon steel pipes and tubes (HWR 
pipes and tubes) from the Republic of Turkey (Turkey) as provided in 
section 705 of the Tariff Act of 1930, as amended (the Act). For 
information on the estimated subsidy rates, see the ``Final 
Determination'' section of this notice. The period of investigation 
(POI) is January 1, 2014, through December 31, 2014.

DATES: Effective July 21, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Aqmar Rahman, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1766 
or (202) 482-0768, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on December 
28, 2015.\1\ A summary of the events that occurred since the Department 
issued the Preliminary Determination may be found in the Issues and 
Decision Memorandum which is hereby incorporated.\2\ Additionally, this 
memorandum details the changes we made since the Preliminary 
Determination to the subsidy rates calculated for the mandatory 
respondents and all other producer/exporters. 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the

[[Page 47350]]

Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic version of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes From the Republic of Turkey: Preliminary Affirmative 
Countervailing Duty Investigation and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 80749 
(December 28, 2015) (Preliminary Determination).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of Heavy Walled Rectangular 
Carbon Steel Pipes and Tubes from the Republic of Turkey: Issues and 
Decision Memorandum for the Final Determination,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the closure of 
the Federal Government. All deadlines in this segment of the proceeding 
have been extended by four business days. The revised deadline for the 
final determination is July 14, 2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas'' 
(January 27, 2016).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is HWR pipes and 
tubes from Turkey. For a complete description of the scope of this 
investigation, see Appendix I.
    The Department did not receive comments regarding the scope of this 
investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Use of Facts Available, Including Adverse Inferences

    In making this final determination, we relied, in part, on facts 
available and, because MMZ Onur Boru Profil uretim San Ve Tic. A.S. 
(MMZ) and Ozdemir Boru Profil San ve Tic. Ltd Sti. (Ozdemir) did not 
act to the best of their ability to respond to the Department's 
requests for information, we drew an adverse inference where 
appropriate in selecting from among the facts otherwise available with 
respect to those respondents.\4\ For further information, see the 
section ``Use of Facts Otherwise Available and Adverse Inferences'' in 
the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated rates for MMZ and Ozdemir, the two individually investigated 
exporters/producers of the subject merchandise that participated in 
this investigation. In accordance with sections 703(d) and 705(c)(5)(A) 
of the Act, for companies not investigated, we apply an ``all-others'' 
rate, which is normally calculated by weighting the subsidy rates of 
the individual companies selected as respondents by those companies' 
exports of the subject merchandise to the United States. The ``all-
others'' rate does not include zero and de minimis rates or any rates 
based solely on the facts available.\5\ We intend to disclose to 
parties the calculations performed in this proceeding within five days 
of the public announcement of this final determination in accordance 
with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \5\ See Memorandum to the File, ``Calculation of the `All-
Others' Rate in the Final Determination of the Countervailing Duty 
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from the Republic of Turkey'' (July 14, 2016). We 
calculated a weighted average of the rates of MMZ and Ozdemir using 
publicly-ranged data so as not to disclose the respondents' business 
proprietary information.
---------------------------------------------------------------------------

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/Producer                        (percent)
------------------------------------------------------------------------
MMZ Onur Boru Profil uretim San Ve Tic. A.S.............           23.37
Ozdemir Boru Profil San ve Tic. Ltd Sti.................           15.08
All Others..............................................           19.06
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, and 
pursuant to section 703(d) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of entries of 
merchandise under consideration from Turkey that were entered or 
withdrawn from warehouse, for consumption, on or after December 28, 
2015, the date of publication of the Preliminary Determination in the 
Federal Register.
    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after April 26, 2016, but to continue the suspension 
of liquidation of all entries from December 28, 2015 through April 25, 
2016.
    We will issue a CVD order and reinstate the suspension of 
liquidation in accordance with our final determination and under 
section 706(a) of the Act if the United States International Trade 
Commission (ITC) issues a final affirmative injury determination, and 
we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. 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 as a result of the suspension of 
liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating 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 an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or 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 subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain heavy 
walled rectangular welded steel pipes and tubes of rectangular 
(including square) cross section, having a nominal wall thickness of 
not less than 4 mm. The merchandise includes, but is not limited to, 
the American Society for Testing and Materials (ASTM) A-500, grade B 
specifications, or comparable domestic or foreign specifications.
    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and

[[Page 47351]]

(3) none of the elements below exceeds the quantity, by weight, 
respectively indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 
7306.61.3000. While the HTSUS subheadings and ASTM specification are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
    A. Application of Adverse Facts (AFA): MMZ and Ozdemir
    B. Selection of AFA Rates
    C. Corroboration of Secondary Information Used to Derive AFA 
Rates
V. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
    D. Benchmark Interest Rates
VI. Analysis of Programs
    A. Programs Determined to be Countervailable
    1. Provision of HRS for LTAR
    2. Provision of Land for LTAR
    3. Deduction from Taxable Income for Export Revenue
    4. Export Financing
    5. Investment Encouragement Program (IEP) Customs Duty and VAT 
Exemptions
    6. Law 6486: Social Security Premium Incentive
    B. Programs Determined to be Not Used
VII. Analysis of Comments
    Comment 1: Provision of HRS for LTAR
    A. Whether Erdemir and Isdemir Are ``Authorities''
    B. Whether the HRS for LTAR Program is De Facto Specific
    C. Whether the Department's HRS Purchase Price Comparison is 
Distortive
    Comment 2: Provision of Land for LTAR Program
    Comment 3: Ministerial Errors
    Comment 4: Treatment of Income from Services in Ozdemir's Total 
Sales Denominator
VIII. Conclusion

[FR Doc. 2016-17315 Filed 7-20-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                                   47349

                                                    warehouse, for consumption on or after                   mm. The merchandise includes, but is not              SUMMARY:   The Department of Commerce
                                                    March 1, 2016, the date of publication                   limited to, the American Society for Testing          (the Department) determines that
                                                    of the preliminary determination of this                 and Materials (ASTM) A–500, grade B                   countervailable subsidies are being
                                                                                                             specifications, or comparable domestic or
                                                    investigation in the Federal Register.                                                                         provided to producers and exporters of
                                                                                                             foreign specifications.
                                                      Further, the Department will instruct                                                                        heavy walled rectangular welded carbon
                                                                                                                Included products are those in which: (1)
                                                    CBP to require a cash deposit equal to                   Iron predominates, by weight, over each of            steel pipes and tubes (HWR pipes and
                                                    the estimated amount by which the                        the other contained elements; (2) the carbon          tubes) from the Republic of Turkey
                                                    normal value exceeds the U.S. price as                   content is 2 percent or less, by weight; and          (Turkey) as provided in section 705 of
                                                    shown above.                                             (3) none of the elements below exceeds the            the Tariff Act of 1930, as amended (the
                                                                                                             quantity, by weight, respectively indicated:          Act). For information on the estimated
                                                    International Trade Commission (ITC)
                                                                                                             • 2.50 percent of manganese, or                       subsidy rates, see the ‘‘Final
                                                    Notification
                                                                                                             • 3.30 percent of silicon, or                         Determination’’ section of this notice.
                                                       In accordance with section 735(d) of                  • 1.50 percent of copper, or                          The period of investigation (POI) is
                                                    the Act, we will notify the ITC of the                   • 1.50 percent of aluminum, or
                                                                                                             • 1.25 percent of chromium, or
                                                                                                                                                                   January 1, 2014, through December 31,
                                                    final affirmative determination of sales                                                                       2014.
                                                    at LTFV. Because the final                               • 0.30 percent of cobalt, or
                                                    determination in this proceeding is                      • 0.40 percent of lead, or                            DATES: Effective July 21, 2016.
                                                                                                             • 2.0 percent of nickel, or                           FOR FURTHER INFORMATION CONTACT:
                                                    affirmative, in accordance with section                  • 0.30 percent of tungsten, or
                                                    735(b)(2) of the Act, the ITC will make                                                                        Brian Smith or Aqmar Rahman, AD/
                                                                                                             • 0.80 percent of molybdenum, or
                                                    its final determination as to whether the                                                                      CVD Operations, Office II, Enforcement
                                                                                                             • 0.10 percent of niobium (also called
                                                    domestic industry in the United States                      columbium), or                                     and Compliance, International Trade
                                                    is materially injured, or threatened with                • 0.30 percent of vanadium, or                        Administration, U.S. Department of
                                                    material injury, by reason of imports of                 • 0.30 percent of zirconium.                          Commerce, 14th Street and Constitution
                                                    HWR pipes and tubes from Korea no                           The subject merchandise is currently               Avenue NW., Washington, DC 20230;
                                                    later than 45 days after our final                       provided for in item 7306.61.1000 of the              telephone (202) 482–1766 or (202) 482–
                                                    determination. If the ITC determines                     Harmonized Tariff Schedule of the United              0768, respectively.
                                                    that material injury or threat of material               States (HTSUS). Subject merchandise may               SUPPLEMENTARY INFORMATION:
                                                                                                             also enter under HTSUS 7306.61.3000. While
                                                    injury does not exist, the proceeding                    the HTSUS subheadings and ASTM                        Background
                                                    will be terminated and all cash deposits                 specification are provided for convenience
                                                    will be refunded. If the ITC determines                  and customs purposes, the written
                                                                                                                                                                      The Department published the
                                                    that such injury does exist, the                         description of the scope of this investigation        Preliminary Determination on December
                                                    Department will issue an antidumping                     is dispositive.                                       28, 2015.1 A summary of the events that
                                                    duty order directing CBP to assess, upon                                                                       occurred since the Department issued
                                                                                                             Appendix II                                           the Preliminary Determination may be
                                                    further instruction by the Department,
                                                    antidumping duties on all imports of the                 List of Topics Discussed in the Issues and            found in the Issues and Decision
                                                    subject merchandise entered, or                          Decision Memorandum                                   Memorandum which is hereby
                                                    withdrawn from warehouse, for                            I. Summary                                            incorporated.2 Additionally, this
                                                    consumption on or after the effective                    II. Background                                        memorandum details the changes we
                                                    date of the suspension of liquidation.                   III. Scope of the Investigation                       made since the Preliminary
                                                                                                             IV. Margin Calculations                               Determination to the subsidy rates
                                                    Notification Regarding Administrative                    V. Discussion of the Issues                           calculated for the mandatory
                                                    Protective Orders (APO)                                     1. U.S. Date of Sale                               respondents and all other producer/
                                                                                                                2. Weight Basis for Comparison
                                                       This notice serves as a reminder to                         Methodology
                                                                                                                                                                   exporters. The Issues and Decision
                                                    parties subject to APO of their                             3. Costs for Non-Prime Merchandise                 Memorandum is a public document and
                                                    responsibility concerning the                               4. Differential Pricing Rulemaking                 is on file electronically via Enforcement
                                                    disposition of proprietary information                      5. Differential Pricing Patterns and a             and Compliance’s Antidumping and
                                                    disclosed under APO in accordance                              Meaningful Difference                           Countervailing Duty Centralized
                                                    with 19 CFR 351.305(a)(3). Timely                           6. Verification Corrections                        Electronic Service System (ACCESS).
                                                    notification of the return or destruction                   7. DOSCO’s Constructed Export (CEP)                ACCESS is available to registered users
                                                    of APO materials, or conversion to                             Offset Claim                                    at http://access.trade.gov, and is
                                                                                                                8. Raw Material Costs for DOSCO
                                                    judicial protective order, is hereby                                                                           available to all parties in the Central
                                                                                                             VI. Recommendation
                                                    requested. Failure to comply with the                    [FR Doc. 2016–17313 Filed 7–20–16; 8:45 am]
                                                                                                                                                                   Records Unit, room B8024 of the main
                                                    regulations and the terms of an APO is                                                                         Department of Commerce building. In
                                                                                                             BILLING CODE 3510–DS–P
                                                    a sanctionable violation.                                                                                      addition, a complete version of the
                                                       This determination and this notice are
                                                    issued and published pursuant to                         DEPARTMENT OF COMMERCE
                                                                                                                                                                      1 See Heavy Walled Rectangular Welded Carbon

                                                    sections 735(d) and 777(i)(1) of the Act.                                                                      Steel Pipes and Tubes From the Republic of Turkey:
                                                                                                                                                                   Preliminary Affirmative Countervailing Duty
                                                      Dated: July 14, 2016.                                  International Trade Administration                    Investigation and Alignment of Final Determination
                                                    Paul Piquado,                                                                                                  With Final Antidumping Duty Determination, 80 FR
                                                                                                             [C–489–825]
                                                                                                                                                                   80749 (December 28, 2015) (Preliminary
                                                    Assistant Secretary for Enforcement and                                                                        Determination).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Compliance.                                              Heavy Walled Rectangular Welded                          2 See Memorandum from Christian Marsh, Deputy

                                                    Appendix I                                               Carbon Steel Pipes and Tubes From                     Assistant Secretary for Antidumping and
                                                                                                             the Republic of Turkey: Final                         Countervailing Duty Operations, to Paul Piquado,
                                                    Scope of the Investigation                               Affirmative Countervailing Duty                       Assistant Secretary for Enforcement and
                                                                                                                                                                   Compliance, ‘‘Countervailing Duty Investigation of
                                                       The products covered by this investigation            Determination                                         Heavy Walled Rectangular Carbon Steel Pipes and
                                                    are certain heavy walled rectangular welded                                                                    Tubes from the Republic of Turkey: Issues and
                                                    steel pipes and tubes of rectangular                     AGENCY:  Enforcement and Compliance,                  Decision Memorandum for the Final
                                                    (including square) cross section, having a               International Trade Administration,                   Determination,’’ dated concurrently with this notice
                                                    nominal wall thickness of not less than 4                Department of Commerce.                               (Issues and Decision Memorandum).



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                                                    47350                          Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    Issues and Decision Memorandum can                       rates for MMZ and Ozdemir, the two                          issues a final affirmative injury
                                                    be accessed directly at http://trade.gov/                individually investigated exporters/                        determination, and we will instruct CBP
                                                    enforcement. The signed Issues and                       producers of the subject merchandise                        to require a cash deposit of estimated
                                                    Decision Memorandum and the                              that participated in this investigation. In                 countervailing duties for such entries of
                                                    electronic version of the Issues and                     accordance with sections 703(d) and                         merchandise in the amounts indicated
                                                    Decision Memorandum are identical in                     705(c)(5)(A) of the Act, for companies                      above. If the ITC determines that
                                                    content.                                                 not investigated, we apply an ‘‘all-                        material injury, or threat of material
                                                       As explained in the memorandum                        others’’ rate, which is normally                            injury, does not exist, this proceeding
                                                    from the Acting Assistant Secretary for                  calculated by weighting the subsidy                         will be terminated and all estimated
                                                    Enforcement and Compliance, the                          rates of the individual companies                           duties deposited as a result of the
                                                    Department has exercised its discretion                  selected as respondents by those                            suspension of liquidation will be
                                                    to toll all administrative deadlines due                 companies’ exports of the subject                           refunded.
                                                    to the closure of the Federal                            merchandise to the United States. The
                                                    Government. All deadlines in this                        ‘‘all-others’’ rate does not include zero                   ITC Notification
                                                    segment of the proceeding have been                      and de minimis rates or any rates based                       In accordance with section 705(d) of
                                                    extended by four business days. The                      solely on the facts available.5 We intend                   the Act, we will notify the ITC of our
                                                    revised deadline for the final                           to disclose to parties the calculations                     determination. In addition, we are
                                                    determination is July 14, 2016.3                         performed in this proceeding within                         making available to the ITC all non-
                                                                                                             five days of the public announcement of                     privileged and non-proprietary
                                                    Scope of the Investigation                               this final determination in accordance                      information relating to this
                                                       The merchandise covered by this                       with 19 CFR 351.224(b).                                     investigation. We will allow the ITC
                                                    investigation is HWR pipes and tubes                        We determine the countervailable                         access to all privileged and business
                                                    from Turkey. For a complete description                  subsidy rates to be:                                        proprietary information in our files,
                                                    of the scope of this investigation, see                                                                              provided the ITC confirms that it will
                                                    Appendix I.                                                                                           Subsidy rate   not disclose such information, either
                                                                                                                    Exporter/Producer
                                                       The Department did not receive                                                                      (percent)
                                                                                                                                                                         publicly or under an administrative
                                                    comments regarding the scope of this                     MMZ Onur Boru Profil uretim                                 protective order (APO), without the
                                                    investigation.                                             San Ve Tic. A.S ................                  23.37   written consent of the Assistant
                                                    Analysis of Subsidy Programs and                         Ozdemir Boru Profil San ve                                  Secretary for Enforcement and
                                                    Comments Received                                          Tic. Ltd Sti .........................            15.08   Compliance.
                                                                                                             All Others ..............................           19.06
                                                       The subsidy programs under                                                                                        Return or Destruction of Proprietary
                                                    investigation and the issues raised in                   Suspension of Liquidation                                   Information
                                                    the case and rebuttal briefs by parties in                                                                              This notice serves as the only
                                                                                                                As a result of our affirmative
                                                    this investigation are discussed in the                                                                              reminder to parties subject to an APO of
                                                                                                             Preliminary Determination, and
                                                    Issues and Decision Memorandum. A                                                                                    their responsibility concerning the
                                                                                                             pursuant to section 703(d) of the Act,
                                                    list of the issues that parties raised, and                                                                          disposition of proprietary information
                                                                                                             we instructed U.S. Customs and Border
                                                    to which we responded in the Issues                                                                                  disclosed under APO in accordance
                                                                                                             Protection (CBP) to suspend liquidation
                                                    and Decision Memorandum, is attached                                                                                 with 19 CFR 351.305(a)(3). Timely
                                                                                                             of entries of merchandise under
                                                    to this notice at Appendix II.                                                                                       written notification of the return or
                                                                                                             consideration from Turkey that were
                                                    Use of Facts Available, Including                        entered or withdrawn from warehouse,                        destruction of APO materials, or
                                                    Adverse Inferences                                       for consumption, on or after December                       conversion to judicial protective order,
                                                      In making this final determination, we                 28, 2015, the date of publication of the                    is hereby requested. Failure to comply
                                                    relied, in part, on facts available and,                 Preliminary Determination in the                            with the regulations and terms of an
                                                    because MMZ Onur Boru Profil uretim                      Federal Register.                                           APO is a violation subject to sanction.
                                                    San Ve Tic. A.S. (MMZ) and Ozdemir                          In accordance with section 703(d) of                        This determination is issued and
                                                    Boru Profil San ve Tic. Ltd Sti.                         the Act, we issued instructions to CBP                      published pursuant to sections 705(d)
                                                    (Ozdemir) did not act to the best of their               to discontinue the suspension of                            and 777(i) of the Act.
                                                    ability to respond to the Department’s                   liquidation for CVD purposes for subject                      Dated: July 14, 2016.
                                                    requests for information, we drew an                     merchandise entered, or withdrawn
                                                                                                                                                                         Paul Piquado,
                                                    adverse inference where appropriate in                   from warehouse, on or after April 26,
                                                                                                             2016, but to continue the suspension of                     Assistant Secretary for Enforcement and
                                                    selecting from among the facts                                                                                       Compliance.
                                                    otherwise available with respect to                      liquidation of all entries from December
                                                    those respondents.4 For further                          28, 2015 through April 25, 2016.                            Appendix I
                                                                                                                We will issue a CVD order and
                                                    information, see the section ‘‘Use of                                                                                Scope of the Investigation
                                                                                                             reinstate the suspension of liquidation
                                                    Facts Otherwise Available and Adverse                                                                                   The products covered by this investigation
                                                                                                             in accordance with our final
                                                    Inferences’’ in the accompanying Issues                                                                              are certain heavy walled rectangular welded
                                                                                                             determination and under section 706(a)
                                                    and Decision Memorandum.                                                                                             steel pipes and tubes of rectangular
                                                                                                             of the Act if the United States                             (including square) cross section, having a
                                                    Final Determination                                      International Trade Commission (ITC)                        nominal wall thickness of not less than 4
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      In accordance with section                                                                                         mm. The merchandise includes, but is not
                                                                                                               5 See Memorandum to the File, ‘‘Calculation of
                                                    705(c)(1)(B)(i) of the Act, we calculated                                                                            limited to, the American Society for Testing
                                                                                                             the ‘All-Others’ Rate in the Final Determination of         and Materials (ASTM) A–500, grade B
                                                                                                             the Countervailing Duty Investigation of Heavy              specifications, or comparable domestic or
                                                      3 See Memorandum to the Record from Ron
                                                                                                             Walled Rectangular Welded Carbon Steel Pipes and
                                                    Lorentzen, Acting A/S for Enforcement &                  Tubes from the Republic of Turkey’’ (July 14, 2016).
                                                                                                                                                                         foreign specifications.
                                                    Compliance, ‘‘Tolling of Administrative Deadlines        We calculated a weighted average of the rates of               Included products are those in which: (1)
                                                    As a Result of the Government Closure During             MMZ and Ozdemir using publicly-ranged data so as            Iron predominates, by weight, over each of
                                                    Snowstorm Jonas’’ (January 27, 2016).                    not to disclose the respondents’ business                   the other contained elements; (2) the carbon
                                                      4 See sections 776(a) and (b) of the Act.              proprietary information.                                    content is 2 percent or less, by weight; and



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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                                      47351

                                                    (3) none of the elements below exceeds the               VIII. Conclusion                                          industry in the United States within a
                                                    quantity, by weight, respectively indicated:             [FR Doc. 2016–17315 Filed 7–20–16; 8:45 am]               reasonably foreseeable time.4
                                                       • 2.50 percent of manganese, or
                                                                                                             BILLING CODE 3510–DS–P                                    Scope of the Order
                                                       • 3.30 percent of silicon, or
                                                       • 1.50 percent of copper, or                                                                                       The merchandise covered by the order
                                                       • 1.50 percent of aluminum, or                                                                                  is magnesium metal from the PRC,
                                                       • 1.25 percent of chromium, or                        DEPARTMENT OF COMMERCE
                                                                                                                                                                       which includes primary and secondary
                                                       • 0.30 percent of cobalt, or
                                                       • 0.40 percent of lead, or
                                                                                                             International Trade Administration                        alloy magnesium metal, regardless of
                                                       • 2.0 percent of nickel, or                                                                                     chemistry, raw material source, form,
                                                                                                             [A–570–896]
                                                       • 0.30 percent of tungsten, or                                                                                  shape, or size. Magnesium is a metal or
                                                       • 0.80 percent of molybdenum, or                      Magnesium Metal From the People’s                         alloy containing by weight primarily the
                                                       • 0.10 percent of niobium (also called                Republic of China: Continuation of                        element magnesium. Primary
                                                    columbium), or                                           Antidumping Duty Order                                    magnesium is produced by
                                                       • 0.30 percent of vanadium, or                                                                                  decomposing raw materials into
                                                       • 0.30 percent of zirconium.                          AGENCY:   Enforcement and Compliance,                     magnesium metal. Secondary
                                                       The subject merchandise is currently                  International Trade Administration,                       magnesium is produced by recycling
                                                    provided for in item 7306.61.1000 of the                 Department of Commerce.                                   magnesium-backed scrap into
                                                    Harmonized Tariff Schedule of the United                 SUMMARY: As a result of the                               magnesium metal. The magnesium
                                                    States (HTSUS). Subject merchandise may                  determinations by the Department of
                                                    also enter under HTSUS 7306.61.3000. While
                                                                                                                                                                       covered by this investigation includes
                                                    the HTSUS subheadings and ASTM
                                                                                                             Commerce (‘‘Department’’) and the                         blends of primary and secondary
                                                    specification are provided for convenience               International Trade Commission (‘‘ITC’’)                  magnesium.
                                                    and customs purposes, the written                        that revocation of the antidumping duty                      The subject merchandise includes the
                                                    description of the scope of this investigation           (‘‘AD’’) order on magnesium metal from                    following alloy magnesium metal
                                                    is dispositive.                                          the People’s Republic of China (‘‘PRC’’)                  products made from primary and/or
                                                                                                             would likely lead to a continuation or                    secondary magnesium including,
                                                    Appendix II                                              recurrence of dumping and material                        without limitation, magnesium cast into
                                                    List of Topics Discussed in the Issues and               injury to an industry in the United                       ingots, slabs, rounds, billets, and other
                                                    Decision Memorandum                                      States, the Department is publishing a                    shapes, magnesium ground, chipped,
                                                    I. Summary                                               notice of continuation of the AD order.                   crushed, or machined into raspings,
                                                    II. Background                                           DATES: Effective Date July 21, 2016.                      granules, turnings, chips, powder,
                                                       A. Case History                                       FOR FURTHER INFORMATION CONTACT:                          briquettes, and other shapes; and
                                                       B. Period of Investigation                                                                                      products that contain 50 percent or
                                                                                                             Shanah Lee, AD/CVD Operations, Office
                                                    III. Scope of the Investigation                                                                                    greater, but less than 99.8 percent,
                                                    IV. Use of Facts Otherwise Available and                 III, Enforcement and Compliance,
                                                                                                             International Trade Administration,                       magnesium, by weight, and that have
                                                          Adverse Inferences
                                                                                                             Department of Commerce, 1401                              been entered into the United States as
                                                       A. Application of Adverse Facts (AFA):
                                                          MMZ and Ozdemir                                    Constitution Avenue NW., Washington,                      conforming to an ‘‘ASTM Specification
                                                       B. Selection of AFA Rates                             DC 20230; telephone: (202) 482–6386.                      for Magnesium Alloy’’ 5 and are thus
                                                       C. Corroboration of Secondary Information                                                                       outside the scope of the existing
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                          Used to Derive AFA Rates                                                                                     antidumping orders on magnesium from
                                                    V. Subsidies Valuation                                   Background                                                the PRC (generally referred to as ‘‘alloy’’
                                                       A. Allocation Period                                     On February 1, 2016, the Department                    magnesium).
                                                       B. Attribution of Subsidies                                                                                        The scope of this order excludes: (1)
                                                                                                             published the notice of initiation of the
                                                       C. Denominators                                                                                                 All forms of pure magnesium, including
                                                       D. Benchmark Interest Rates                           second five-year (‘‘sunset’’) review of
                                                                                                             the AD Order 1 on magnesium metal                         chemical combinations of magnesium
                                                    VI. Analysis of Programs                                                                                           and other material(s) in which the pure
                                                       A. Programs Determined to be                          from the PRC, pursuant to section 751(c)
                                                                                                             of the Tariff Act of 1930, as amended                     magnesium content is 50 percent or
                                                          Countervailable
                                                       1. Provision of HRS for LTAR                          (‘‘the Act’’).2 As a result of its review,                greater, but less than 99.8 percent, by
                                                       2. Provision of Land for LTAR                         the Department determined that                            weight, that do not conform to an
                                                       3. Deduction from Taxable Income for                  revocation of the AD order would likely                   ‘‘ASTM Specification for Magnesium
                                                          Export Revenue                                     lead to a continuation or recurrence of                   Alloy’’; 6 (2) magnesium that is in liquid
                                                       4. Export Financing
                                                                                                             dumping.3 The Department, therefore,                      or molten form; and (3) mixtures
                                                       5. Investment Encouragement Program                                                                             containing 90 percent or less
                                                          (IEP) Customs Duty and VAT                         notified the ITC of the magnitude of the
                                                                                                             margins likely to prevail should the AD                   magnesium in granular or powder form
                                                          Exemptions                                                                                                   by weight and one or more of certain
                                                       6. Law 6486: Social Security Premium                  order be revoked. On July 7, 2016, the
                                                          Incentive                                          ITC published notice of its                                 4 See Alloy Magnesium From China;
                                                       B. Programs Determined to be Not Used                 determination, pursuant to section                        Determination, 81 FR 44328 (July 7, 2016).
                                                    VII. Analysis of Comments                                751(c) of the Act, that revocation of the                   5 The meaning of this term is the same as that
                                                       Comment 1: Provision of HRS for LTAR                  AD order on magnesium metal from the                      used by the American Society for Testing and
                                                       A. Whether Erdemir and Isdemir Are                    PRC would likely lead to a continuation                   Materials in its Annual Book for ASTM Standards:
                                                          ‘‘Authorities’’                                                                                              Volume 01.02 Aluminum and Magnesium Alloys.
                                                                                                             or recurrence of material injury to an
                                                       B. Whether the HRS for LTAR Program is
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                         6 The material is already covered by existing

                                                          De Facto Specific                                                                                            antidumping orders. See Notice of Antidumping
                                                                                                               1 See Notice of Antidumping Duty Order:
                                                       C. Whether the Department’s HRS                                                                                 Duty Orders: Pure Magnesium from the People’s
                                                                                                             Magnesium Metal From the People’s Republic of             Republic of China, the Russian Federation and
                                                          Purchase Price Comparison is Distortive            China, 70 FR 19928 (April 15, 2005) (‘‘Order’’).
                                                       Comment 2: Provision of Land for LTAR                                                                           Ukraine; Notice of Amended Final Determination of
                                                                                                               2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82
                                                                                                                                                                       Sales at Less Than Fair Value: Antidumping Duty
                                                          Program                                            FR 5418 (February 2, 2016) (‘‘Initiation Notice’’).       Investigation of Pure Magnesium from the Russian
                                                       Comment 3: Ministerial Errors                           3 See Magnesium Metal From the People’s                 Federation, 60 FR 25691 (May 12, 1995); and
                                                       Comment 4: Treatment of Income from                   Republic of China: Final Results of Expedited             Antidumping Duty Order: Pure Magnesium in
                                                          Services in Ozdemir’s Total Sales                  Second Sunset Review of Antidumping Duty Order,           Granular Form from the People’s Republic of China,
                                                          Denominator                                        81 FR 36874 (June 8, 2016).                               66 FR 57936 (November 19, 2001).



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Document Created: 2018-02-08 07:59:21
Document Modified: 2018-02-08 07:59:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective July 21, 2016.
ContactBrian Smith or Aqmar Rahman, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1766 or (202) 482-0768, respectively.
FR Citation81 FR 47349 

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