82_FR_46675 82 FR 46483 - Oil Country Tubular Goods From the Republic of Turkey: Amendment of Countervailing Duty Order

82 FR 46483 - Oil Country Tubular Goods From the Republic of Turkey: Amendment of Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46483-46485
FR Document2017-21460

On May 30, 2017, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Department of Commerce's (the Department) remand redetermination concerning the countervailing duty (CVD) investigation of oil country tubular goods (OCTG) from the Republic of Turkey (Turkey). This judgment was not appealed within the 90-day deadline, and became final and conclusive on August 28, 2017. The Department previously notified the public that the final judgment in this case by the U.S. Court of International Trade (CIT) is not in harmony with the Department's final determination in the CVD investigation of OCTG from Turkey. Because the judgment in this case is now final and conclusive, the Department is amending its CVD order on OCTG from Turkey covering the period of investigation of January 1, 2012, through December 31, 2012, to exclude Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and Tosyali Holding A.S. (collectively, Tos[ccedil]elik) from the order, and to revise the net countervailing subsidy rate for Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S. (collectively, Borusan) and the ``all others'' rate.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46483-46485]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21460]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-817]


Oil Country Tubular Goods From the Republic of Turkey: Amendment 
of Countervailing Duty Order

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

SUMMARY: On May 30, 2017, the United States Court of Appeals for the 
Federal Circuit (CAFC) affirmed the Department of Commerce's (the 
Department) remand redetermination concerning the countervailing duty 
(CVD) investigation of oil country tubular goods (OCTG) from the 
Republic of Turkey (Turkey). This judgment was not appealed within the 
90-day deadline, and became final and conclusive on August 28, 2017. 
The Department previously notified the public that the final judgment 
in this case by the U.S. Court of International

[[Page 46484]]

Trade (CIT) is not in harmony with the Department's final determination 
in the CVD investigation of OCTG from Turkey. Because the judgment in 
this case is now final and conclusive, the Department is amending its 
CVD order on OCTG from Turkey covering the period of investigation of 
January 1, 2012, through December 31, 2012, to exclude Tosyali Dis 
Ticaret A.S, Tos[ccedil]elik Profil ve Sac Endustrisi A.S., Tosyali 
Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. 
A.S., and Tosyali Holding A.S. (collectively, Tos[ccedil]elik) from the 
order, and to revise the net countervailing subsidy rate for Borusan 
Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann 
Boru Yatirim Holding A.S., and Borusan Holding A.S. (collectively, 
Borusan) and the ``all others'' rate.

DATES: Applicable March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Jennifer Shore, 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) 482-0697 or (202) 482-2778, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 18, 2014, the Department published its final affirmative 
CVD determination and final affirmative critical circumstances 
determination in this proceeding.\1\ The Department reached affirmative 
determinations for mandatory respondents Borusan and Tos[ccedil]elik. 
On September 2, 2014, the International Trade Commission notified the 
Department of its affirmative determination that an industry in the 
U.S. was materially injured by reason of OCTG that were subsidized by 
the Government of Turkey (GOT).\2\ On September 10, 2014, the 
Department published the CVD orders on OCTG from India and the Republic 
of Turkey.\3\ The petitioner, Maverick Tube Corporation, and Borusan, 
each appealed the Final Determination to the CIT.\4\ In Borusan, the 
CIT remanded for further consideration the Department's finding of 
distortion in the Turkish hot-rolled steel (HRS) market, the 
Department's selection of a HRS benchmark, and the Department's 
application of facts available with adverse inferences with respect to 
purchases of HRS by respondent Borusan. In Maverick, the CIT remanded 
issues pertaining to the Department's HRS benchmark calculations as 
well and, in addition, the Department's benchmark valuation for a 
parcel of land that the GOT granted to Tos[ccedil]elik in 2008 for less 
than adequate remuneration.
---------------------------------------------------------------------------

    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination and 
Final Affirmative Critical Circumstances Determination, 79 FR 41964 
(July 18, 2014) (Final Determination).
    \2\ See Letter from the ITC to the Department, dated September 
2, 2014; see also Certain Oil Country Tubular Goods from India, 
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam 
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final) USITC Publication 4489, September 2014.
    \3\ See Certain Oil Country Tubular Goods from India and the 
Republic of Turkey: Countervailing Duty Orders and Amended 
Affirmative Final Countervailing Duty Determination for India, 79 FR 
53688 (September 10, 2014) (Orders).
    \4\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. United 
States, 61 F. Supp. 3d 1306 (CIT 2015) (Borusan); and Maverick Tube 
Corporation v. United States, Consol. Court No. 14-00229, Slip Op. 
15-59 (CIT 2015) (Maverick). On June 22, 2015, the CIT granted a 
motion to consolidate Court No. 14-00214 into Consolidated Court No. 
14-00229.
---------------------------------------------------------------------------

    On August 31, 2015, the Department issued its Remand 
Redetermination in accordance with the CIT's Order.\5\ On remand, the 
Department revised the net countervailable subsidy rates for Borusan, 
Tos[ccedil]elik, and the ``all others'' rate. On February 22, 2016, the 
CIT affirmed the Department's Remand Redetermination.\6\ In response to 
the CIT's February 22, 2016, decision, the Department published a 
notice of court decision not in harmony with the final determination of 
the CVD investigation, and amended its Final Determination with respect 
to Borusan, Tos[ccedil]elik, and the ``all others'' rate.\7\ The 
revised net countervailable subsidy rates for Tos[ccedil]elik and 
Borusan are 0.95 percent and 2.39 percent, respectively. The revised 
``all others'' rate is 2.39 percent. Because neither Tos[ccedil]elik 
nor Borusan had a superseding cash deposit rate (e.g., from an 
administrative review), the Department issued amended cash deposit 
instructions to U.S. Customs and Border Protection (CBP) on March 16, 
2016.\8\
---------------------------------------------------------------------------

    \5\ See Final Results of Remand Redetermination, Borusan 
Mannesmann Boru Sanayi Ve Ticaret A.S. and Borusan Istikbal Ticaret 
v. United States; Maverick Tube Corporation v. United States, 
Consol. Ct. No. 14-00229, 61 F. Supp. 3d 1306 and Slip Op. 15-59, 
dated August 31, 2017 (Remand Redetermination).
    \6\ See Maverick Tube Corporation v. United States, CIT Consol. 
Court No. 14-00229, Slip Op. 16-16 (February 22, 2016).
    \7\ See Oil Country Tubular Goods from Turkey: Notice of Court 
Decision not in Harmony with the Final Determination of the 
Countervailing Duty Investigation, 81 FR 12691 (March 10, 2016) 
(Timken Notice).
    \8\ See Message No. 6076302, dated March 16, 2016 (Message No. 
6076302).
---------------------------------------------------------------------------

    Borusan appealed, and Maverick cross-appealed, the CIT's decision 
to the CAFC, which affirmed the Department's Remand Redetermination on 
May 30, 2017.\9\ Parties had 90 days, until August 28, 2017, to appeal 
the CAFC's decision by filing a petition for writ of certiorari with 
the United States Supreme Court. No party appealed.
---------------------------------------------------------------------------

    \9\ See Maverick Tube Corporation v. United States, 857 F.3d 
1353 (Fed. Cir. 2017).
---------------------------------------------------------------------------

Amendment of the Order on OCTG From Turkey

    The period to appeal the CAFC's decision has passed, and a final 
and conclusive court decision has been reached in this case. Therefore, 
the Department is amending the CVD order on OCTG from Turkey \10\ to 
exclude from the order subject merchandise produced and exported by 
Tos[ccedil]elik \11\ because the revised net countervailable subsidy 
rate is de minimis.
---------------------------------------------------------------------------

    \10\ See Orders.
    \11\ The Department determined that Tosyali Dis Ticaret A.S, 
Tos[ccedil]elik Profil ve Sac Endustrisi A.S., Tosyali Elektrik 
Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., 
and Tosyali Holding A.S. are cross-owned. See Final Determination 
and accompanying Issues and Decision Memorandum, at 6-8.
---------------------------------------------------------------------------

Net Countervailable Subsidy Rates

    The net countervailable subsidy rates are as follows:

[[Page 46485]]



------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (percent)
------------------------------------------------------------------------
Borusan Istikbal Ticaret, Borusan Mannesmann Boru                   2.39
 Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S.,
 and Borusan Holding A.S \12\...........................
Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac            * 0.95
 Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis
 Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and
 Tosyali Holding A.S....................................
All Others..............................................            2.39
------------------------------------------------------------------------
* De minimis.

Continuation of Suspension of Liquidation, in Part
---------------------------------------------------------------------------

    \12\ The Department determined that Borusan Istikbal Ticaret, 
Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim 
Holding A.S., and Borusan Holding A.S. are cross owned. Id. at 4-6.
---------------------------------------------------------------------------

    In accordance with section 705(c)(1)(B) of the Tariff Act of 1930, 
as amended (the Act), the Department has instructed CBP to continue to 
suspend liquidation on all relevant entries of OCTG from Turkey.\13\ 
These instructions suspending liquidation will remain in effect until 
further notice. However, because the revised countervailable subsidy 
rate for Tos[ccedil]elik is de minimis, the Department is directing CBP 
to liquidate all entries produced and exported by Tos[ccedil]elik 
currently suspended without regard to countervailing duties, and to 
discontinue the suspension of liquidation of entries of subject 
merchandise where Tos[ccedil]elik acted as both the producer and 
exporter. Entries of subject merchandise exported to the United States 
by any other producer and exporter combination involving 
Tos[ccedil]elik are not entitled to this exclusion from suspension of 
liquidation and are subject to the cash deposit rate for the ``all 
others'' entity.
---------------------------------------------------------------------------

    \13\ Id., 79 FR at 53690; see also Message No. 4260305, dated 
September 17, 2014, and Message No. 6076302, dated March 16, 2016.
---------------------------------------------------------------------------

    Because the net countervailable subsidy rate determined for 
Tos[ccedil]elik is de minimis, consistent with the requirement under 
section 705(c)(5)(A) of the Act that the calculation of the ``all 
others'' rate excludes zero or de minimis rates calculated for the 
companies individually investigated, the Department revised the ``all 
others'' rate.\14\ Therefore, for purposes of the amended CVD order 
with respect OCTG from Turkey, the ``all others'' cash deposit rate is 
amended to Borusan's revised calculated subsidy rate of 2.39 percent.
---------------------------------------------------------------------------

    \14\ See Timken Notice, 81 FR, at 12692.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the amended CVD order with respect OCTG 
from Turkey. This notice is issued and published in accordance with 
sections 516A(e) and 706(a) of the Act.

    Dated: September 27, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21460 Filed 10-4-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                                46483

                                               ‘‘Regulations’’) 1 provides, in pertinent               with a last known address of Inmate                   origin, that is owned, possessed or
                                               part, that ‘‘[t]he Director of the Office of            Number: 87652–083, FCI Loretto, P.O.                  controlled by the Denied Person if such
                                               Exporter Services, in consultation with                 Box 1000, Loretto, PA 15940, and when                 service involves the use of any item
                                               the Director of the Office of Export                    acting for or on his behalf, his                      subject to the Regulations that has been
                                               Enforcement, may deny the export                        successors, assigns, employees, agents                or will be exported from the United
                                               privileges of any person who has been                   or representatives (‘‘the Denied                      States. For purposes of this paragraph,
                                               convicted of a violation of the EAA                     Person’’), may not, directly or indirectly,           servicing means installation,
                                               [Export Administration Act], the EAR,                   participate in any way in any                         maintenance, repair, modification or
                                               or any order, license, or authorization                 transaction involving any commodity,                  testing.
                                               issued thereunder; any regulation,                      software or technology (hereinafter                      Third, after notice and opportunity for
                                               license or order issued under the                       collectively referred to as ‘‘item’’)                 comment as provided in Section 766.23
                                               International Emergency Economic                        exported or to be exported from the                   of the Regulations, any other person,
                                               Powers Act (50 U.S.C. 1701–1706); 18                    United States that is subject to the                  firm, corporation, or business
                                               U.S.C. 793, 794 or 798; section 4(b) of                 Regulations, including, but not limited               organization related to Stribling by
                                               the Internal Security Act of 1950 (50                   to:                                                   ownership, control, position of
                                               U.S.C. 783(b)); or section 38 of the Arms                  A. Applying for, obtaining, or using               responsibility, affiliation, or other
                                               Export Control Act (22 U.S.C. 2778).’’ 15               any license, license exception, or export             connection in the conduct of trade or
                                               CFR 766.25(a); see also Section 11(h) of                control document;                                     business may also be made subject to
                                               the EAA, 50 U.S.C. 4610(h). The denial                     B. Carrying on negotiations                        the provisions of this Order in order to
                                               of export privileges under this provision               concerning, or ordering, buying,                      prevent evasion of this Order.
                                               may be for a period of up to 10 years                   receiving, using, selling, delivering,                   Fourth, in accordance with Part 756 of
                                               from the date of the conviction. 15 CFR                 storing, disposing of, forwarding,                    the Regulations, Stribling may file an
                                               766.25(d); see also 50 U.S.C. 4610(h). In               transporting, financing, or otherwise                 appeal of this Order with the Under
                                               addition, Section 750.8 of the                          servicing in any way, any transaction                 Secretary of Commerce for Industry and
                                               Regulations states that the Bureau of                   involving any item exported or to be                  Security. The appeal must be filed
                                               Industry and Security’s Office of                       exported from the United States that is               within 45 days from the date of this
                                               Exporter Services may revoke any                        subject to the Regulations, or engaging               Order and must comply with the
                                               Bureau of Industry and Security (‘‘BIS’’)               in any other activity subject to the                  provisions of Part 756 of the
                                               licenses previously issued pursuant to                  Regulations; or                                       Regulations.
                                               the Export Administration Act (‘‘EAA’’                     C. Benefitting in any way from any                    Fifth, a copy of this Order shall be
                                               or ‘‘the Act’’) or the Regulations in                   transaction involving any item exported               delivered to Stribling and shall be
                                               which the person had an interest at the                 or to be exported from the United States              published in the Federal Register.
                                               time of his/her conviction.                             that is subject to the Regulations, or                   Sixth, this Order is effective
                                                  BIS has received notice of Stribling’s               from any other activity subject to the                immediately and shall remain in effect
                                               conviction for violating Section 38 of                  Regulations.                                          until July 6, 2021.
                                               the AECA, and has provided notice and                      Second, no person may, directly or
                                               an opportunity for Stribling to make a                                                                          Issued this 28th day of September 2017.
                                                                                                       indirectly, do any of the following:
                                               written submission to BIS, as provided                     A. Export or reexport to or on behalf              Karen H. Nies-Vogel,
                                               in Section 766.25 of the Regulations.                   of the Denied Person any item subject to              Director, Office of Exporter Services.
                                               BIS has not received a submission from                  the Regulations;                                      [FR Doc. 2017–21471 Filed 10–4–17; 8:45 am]
                                               Stribling.                                                 B. Take any action that facilitates the            BILLING CODE P
                                                  Based upon my review and                             acquisition or attempted acquisition by
                                               consultations with BIS’s Office of                      the Denied Person of the ownership,
                                               Export Enforcement, including its                       possession, or control of any item                    DEPARTMENT OF COMMERCE
                                               Director, and the facts available to BIS,               subject to the Regulations that has been
                                               I have decided to deny Stribling’s export               or will be exported from the United                   International Trade Administration
                                               privileges under the Regulations for a                  States, including financing or other                  [C–489–817]
                                               period of five (5) years from the date of               support activities related to a
                                               Stribling’s conviction. I have also                     transaction whereby the Denied Person                 Oil Country Tubular Goods From the
                                               decided to revoke all licenses issued                   acquires or attempts to acquire such                  Republic of Turkey: Amendment of
                                               pursuant to the Act or Regulations in                   ownership, possession or control;                     Countervailing Duty Order
                                               which Stribling had an interest at the                     C. Take any action to acquire from or
                                               time of his conviction.                                 to facilitate the acquisition or attempted            AGENCY:   Enforcement and Compliance,
                                                  Accordingly, it is hereby ordered:                   acquisition from the Denied Person of                 International Trade Administration,
                                                  First, from the date of this Order until             any item subject to the Regulations that              Department of Commerce.
                                               July 6, 2021, John Francis Stribling,                   has been exported from the United                     SUMMARY: On May 30, 2017, the United
                                                                                                       States;                                               States Court of Appeals for the Federal
                                                  1 The Regulations are currently codified in the
                                                                                                          D. Obtain from the Denied Person in                Circuit (CAFC) affirmed the Department
                                               Code of Federal Regulations at 15 CFR parts 730–                                                              of Commerce’s (the Department) remand
                                               774 (2017). The Regulations issued pursuant to the
                                                                                                       the United States any item subject to the
                                               Export Administration Act (50 U.S.C. 4601–4623          Regulations with knowledge or reason                  redetermination concerning the
                                               (Supp. III 2015) (available at http://                  to know that the item will be, or is                  countervailing duty (CVD) investigation
                                               uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since      intended to be, exported from the                     of oil country tubular goods (OCTG)
ethrower on DSK3G9T082PROD with NOTICES




                                               August 21, 2001, the Act has been in lapse and the                                                            from the Republic of Turkey (Turkey).
                                               President, through Executive Order 13222 of August
                                                                                                       United States; or
                                               17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which             E. Engage in any transaction to service            This judgment was not appealed within
                                               has been extended by successive Presidential            any item subject to the Regulations that              the 90-day deadline, and became final
                                               Notices, the most recent being that of August 15,       has been or will be exported from the                 and conclusive on August 28, 2017. The
                                               2017 (82 FR 39005 (Aug. 16, 2017)), has continued
                                               the Regulations in effect under the International
                                                                                                       United States and which is owned,                     Department previously notified the
                                               Emergency Economic Powers Act (50 U.S.C. 1701,          possessed or controlled by the Denied                 public that the final judgment in this
                                               et seq. (2012)).                                        Person, or service any item, of whatever              case by the U.S. Court of International


                                          VerDate Sep<11>2014   19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                               46484                        Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

                                               Trade (CIT) is not in harmony with the                  the Department published the CVD                       determination of the CVD investigation,
                                               Department’s final determination in the                 orders on OCTG from India and the                      and amended its Final Determination
                                               CVD investigation of OCTG from                          Republic of Turkey.3 The petitioner,                   with respect to Borusan, Tosçelik, and
                                               Turkey. Because the judgment in this                    Maverick Tube Corporation, and                         the ‘‘all others’’ rate.7 The revised net
                                               case is now final and conclusive, the                   Borusan, each appealed the Final                       countervailable subsidy rates for
                                               Department is amending its CVD order                    Determination to the CIT.4 In Borusan,                 Tosçelik and Borusan are 0.95 percent
                                               on OCTG from Turkey covering the                        the CIT remanded for further                           and 2.39 percent, respectively. The
                                               period of investigation of January 1,                   consideration the Department’s finding                 revised ‘‘all others’’ rate is 2.39 percent.
                                               2012, through December 31, 2012, to                     of distortion in the Turkish hot-rolled                Because neither Tosçelik nor Borusan
                                               exclude Tosyali Dis Ticaret A.S,                        steel (HRS) market, the Department’s                   had a superseding cash deposit rate
                                               Tosçelik Profil ve Sac Endustrisi A.S.,                selection of a HRS benchmark, and the                  (e.g., from an administrative review), the
                                               Tosyali Elektrik Enerjisi Toptan Satis                  Department’s application of facts                      Department issued amended cash
                                               Ith. Ihr. A.S., Tosyali Demir Celik San.                available with adverse inferences with                 deposit instructions to U.S. Customs
                                               A.S., and Tosyali Holding A.S.                          respect to purchases of HRS by                         and Border Protection (CBP) on March
                                               (collectively, Tosçelik) from the order,               respondent Borusan. In Maverick, the                   16, 2016.8
                                               and to revise the net countervailing                    CIT remanded issues pertaining to the
                                                                                                                                                                 Borusan appealed, and Maverick
                                               subsidy rate for Borusan Istikbal Ticaret,              Department’s HRS benchmark
                                                                                                                                                              cross-appealed, the CIT’s decision to the
                                               Borusan Mannesmann Boru Sanayi,                         calculations as well and, in addition,
                                                                                                                                                              CAFC, which affirmed the Department’s
                                               Borusan Mannesmann Boru Yatirim                         the Department’s benchmark valuation
                                                                                                                                                              Remand Redetermination on May 30,
                                               Holding A.S., and Borusan Holding A.S.                  for a parcel of land that the GOT granted
                                                                                                       to Tosçelik in 2008 for less than                     2017.9 Parties had 90 days, until August
                                               (collectively, Borusan) and the ‘‘all
                                                                                                       adequate remuneration.                                 28, 2017, to appeal the CAFC’s decision
                                               others’’ rate.
                                                                                                          On August 31, 2015, the Department                  by filing a petition for writ of certiorari
                                               DATES: Applicable March 3, 2016.                                                                               with the United States Supreme Court.
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       issued its Remand Redetermination in
                                                                                                       accordance with the CIT’s Order.5 On                   No party appealed.
                                               Aimee Phelan or Jennifer Shore, AD/
                                                                                                       remand, the Department revised the net                 Amendment of the Order on OCTG
                                               CVD Operations, Office I, Enforcement
                                                                                                       countervailable subsidy rates for                      From Turkey
                                               and Compliance, International Trade
                                                                                                       Borusan, Tosçelik, and the ‘‘all others’’
                                               Administration, U.S. Department of
                                                                                                       rate. On February 22, 2016, the CIT                       The period to appeal the CAFC’s
                                               Commerce, 1401 Constitution Avenue
                                                                                                       affirmed the Department’s Remand                       decision has passed, and a final and
                                               NW., Washington, DC 20230; telephone
                                                                                                       Redetermination.6 In response to the                   conclusive court decision has been
                                               (202) 482–0697 or (202) 482–2778,
                                                                                                       CIT’s February 22, 2016, decision, the                 reached in this case. Therefore, the
                                               respectively.
                                                                                                       Department published a notice of court                 Department is amending the CVD order
                                               SUPPLEMENTARY INFORMATION:                              decision not in harmony with the final                 on OCTG from Turkey 10 to exclude
                                               Background                                                                                                     from the order subject merchandise
                                                                                                       Tubular Goods from India, Korea, Philippines,          produced and exported by Tosçelik 11
                                                 On July 18, 2014, the Department                      Taiwan, Thailand, Turkey, Ukraine, and Vietnam         because the revised net countervailable
                                               published its final affirmative CVD                     (Investigation Nos. 701–TA–499–500 and 731–TA–
                                                                                                       1215–1217 and 1219–1223 (Final) USITC                  subsidy rate is de minimis.
                                               determination and final affirmative                     Publication 4489, September 2014.
                                               critical circumstances determination in                    3 See Certain Oil Country Tubular Goods from        Net Countervailable Subsidy Rates
                                               this proceeding.1 The Department                        India and the Republic of Turkey: Countervailing
                                               reached affirmative determinations for                  Duty Orders and Amended Affirmative Final                The net countervailable subsidy rates
                                               mandatory respondents Borusan and                       Countervailing Duty Determination for India, 79 FR     are as follows:
                                                                                                       53688 (September 10, 2014) (Orders).
                                               Tosçelik. On September 2, 2014, the                       4 See Borusan Mannesmann Boru Sanayi Ve
                                                                                                                                                                 7 See Oil Country Tubular Goods from Turkey:
                                               International Trade Commission                          Ticaret A.S. v. United States, 61 F. Supp. 3d 1306
                                                                                                                                                              Notice of Court Decision not in Harmony with the
                                               notified the Department of its                          (CIT 2015) (Borusan); and Maverick Tube
                                                                                                       Corporation v. United States, Consol. Court No. 14–    Final Determination of the Countervailing Duty
                                               affirmative determination that an                       00229, Slip Op. 15–59 (CIT 2015) (Maverick). On        Investigation, 81 FR 12691 (March 10, 2016)
                                               industry in the U.S. was materially                     June 22, 2015, the CIT granted a motion to             (Timken Notice).
                                               injured by reason of OCTG that were                     consolidate Court No. 14–00214 into Consolidated          8 See Message No. 6076302, dated March 16, 2016

                                               subsidized by the Government of                         Court No. 14–00229.                                    (Message No. 6076302).
                                                                                                          5 See Final Results of Remand Redetermination,
                                               Turkey (GOT).2 On September 10, 2014,                   Borusan Mannesmann Boru Sanayi Ve Ticaret A.S.
                                                                                                                                                                 9 See Maverick Tube Corporation v. United States,


                                                                                                       and Borusan Istikbal Ticaret v. United States;         857 F.3d 1353 (Fed. Cir. 2017).
                                                 1 See Certain Oil Country Tubular Goods from the                                                                10 See Orders.
                                                                                                       Maverick Tube Corporation v. United States,
                                               Republic of Turkey: Final Affirmative                   Consol. Ct. No. 14–00229, 61 F. Supp. 3d 1306 and         11 The Department determined that Tosyali Dis
                                               Countervailing Duty Determination and Final             Slip Op. 15–59, dated August 31, 2017 (Remand          Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S.,
                                               Affirmative Critical Circumstances Determination,       Redetermination).                                      Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S.,
                                               79 FR 41964 (July 18, 2014) (Final Determination).         6 See Maverick Tube Corporation v. United States,
                                                                                                                                                              Tosyali Demir Celik San. A.S., and Tosyali Holding
                                                 2 See Letter from the ITC to the Department, dated    CIT Consol. Court No. 14–00229, Slip Op. 16–16         A.S. are cross-owned. See Final Determination and
                                               September 2, 2014; see also Certain Oil Country         (February 22, 2016).
                                                                                                                                                              accompanying Issues and Decision Memorandum,
                                                                                                                                                              at 6–8.
ethrower on DSK3G9T082PROD with NOTICES




                                          VerDate Sep<11>2014   19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                                                                       Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                                                                              46485

                                                                                                                                                                                                                                                          Net subsidy
                                                                                                                                     Producer/exporter                                                                                                        rate
                                                                                                                                                                                                                                                           (percent)

                                               Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
                                                  Holding A.S 12 ..................................................................................................................................................................................               2.39
                                               Tosyali Dis Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
                                                 Celik San. A.S., and Tosyali Holding A.S ........................................................................................................................................                               * 0.95
                                               All Others .............................................................................................................................................................................................            2.39
                                                  * De minimis.


                                               Continuation of Suspension of                                               published in accordance with sections                                        2, 2017, the Department published the
                                               Liquidation, in Part                                                        516A(e) and 706(a) of the Act.                                               notice of initiation of the fourth sunset
                                                  In accordance with section                                                 Dated: September 27, 2017.                                                 review of the AD orders on pipes and
                                               705(c)(1)(B) of the Tariff Act of 1930, as                                  Carole Showers,                                                              tubes pursuant to section 751(c) of the
                                               amended (the Act), the Department has                                                                                                                    Tariff Act of 1930, as amended (the
                                                                                                                           Executive Director, Office of Policy
                                                                                                                           performing the duties of the Deputy Assistant                                Act).2
                                               instructed CBP to continue to suspend
                                                                                                                           Secretary for Enforcement and Compliance.                                       For each of these sunset reviews the
                                               liquidation on all relevant entries of
                                                                                                                                                                                                        Department received notice of intent to
                                               OCTG from Turkey.13 These                                                   [FR Doc. 2017–21460 Filed 10–4–17; 8:45 am]
                                                                                                                                                                                                        participate on behalf of Bull Moose
                                               instructions suspending liquidation will                                    BILLING CODE 3510–DS–P
                                                                                                                                                                                                        Tube, TMK IPSCO Tubulars, Zekelman
                                               remain in effect until further notice.                                                                                                                   Industries, and EXLTUBE (collectively,
                                               However, because the revised                                                                                                                             the domestic interested parties) within
                                               countervailable subsidy rate for Tosçelik                                  DEPARTMENT OF COMMERCE
                                                                                                                                                                                                        the 15-day period specified in 19 CFR
                                               is de minimis, the Department is                                                                                                                         351.218(d)(1)(i). The domestic
                                               directing CBP to liquidate all entries                                      International Trade Administration
                                                                                                                                                                                                        interested parties claimed interested
                                               produced and exported by Tosçelik                                          [A–533–502, A–549–502, and A–489–501]                                        party status under section 771(9)(C) of
                                               currently suspended without regard to                                                                                                                    the Act as producers in the United
                                               countervailing duties, and to                                               Certain Welded Carbon Steel Pipes
                                                                                                                           and Tubes From India, Thailand, and                                          States of the domestic like product.
                                               discontinue the suspension of                                                                                                                               On June 30, 2017, the Department
                                               liquidation of entries of subject                                           Turkey: Final Results of the Expedited
                                                                                                                                                                                                        received complete substantive responses
                                               merchandise where Tosçelik acted as                                        Fourth Sunset Reviews of the
                                                                                                                                                                                                        to the Initiation from the domestic
                                               both the producer and exporter. Entries                                     Antidumping Duty Orders
                                                                                                                                                                                                        interested parties within the 30-day
                                               of subject merchandise exported to the                                      AGENCY:  Enforcement and Compliance,                                         period, as specified in 19 CFR
                                               United States by any other producer and                                     International Trade Administration,                                          351.218(d)(3)(i).3 We received no
                                               exporter combination involving                                              Department of Commerce.                                                      substantive responses from respondent
                                               Tosçelik are not entitled to this                                          SUMMARY: As a result of this sunset                                          interested parties. As a result, pursuant
                                               exclusion from suspension of                                                review, the Department of Commerce                                           to section 751(c)(3)(B) of the Act and 19
                                               liquidation and are subject to the cash                                     (the Department) finds that revocation                                       CFR 351.218(e)(1)(ii)(C)(2), the
                                               deposit rate for the ‘‘all others’’ entity.                                 of the antidumping duty (AD) orders on                                       Department is conducting expedited
                                                  Because the net countervailable                                          certain welded carbon steel pipes and                                        (120-day) sunset reviews of the AD
                                               subsidy rate determined for Tosçelik is                                    tubes (pipes and tubes) from India,                                          orders on pipe and tube from India,
                                               de minimis, consistent with the                                             Thailand, and Turkey would likely lead                                       Thailand, and Turkey.
                                               requirement under section 705(c)(5)(A)                                      to a continuation or recurrence of
                                               of the Act that the calculation of the ‘‘all                                                                                                             Scope of the Orders
                                                                                                                           dumping. Further, the magnitude of the
                                               others’’ rate excludes zero or de minimis                                   margins of dumping that are likely to                                          See the Appendix to this notice.
                                               rates calculated for the companies                                          prevail are identified in the ‘‘Final                                        Analysis of Comments Received
                                               individually investigated, the                                              Results of Review’’ section of this
                                               Department revised the ‘‘all others’’                                       notice.                                                                        All issues raised in these sunset
                                               rate.14 Therefore, for purposes of the                                                                                                                   reviews, including the likelihood of
                                                                                                                           DATES: Applicable October 5, 2017.
                                               amended CVD order with respect OCTG
                                               from Turkey, the ‘‘all others’’ cash                                        FOR FURTHER INFORMATION CONTACT:                                             51 FR 17384 (May 12, 1986); Antidumping Duty
                                                                                                                           Catherine Cartsos or Minoo Hatten, AD/                                       Order; Circular Welded Carbon Steel Pipes and
                                               deposit rate is amended to Borusan’s                                                                                                                     Tubes from Thailand, 51 FR 8341 (March 11, 1986);
                                               revised calculated subsidy rate of 2.39                                     CVD Operations, Office I, Enforcement                                        and Antidumping Duty Order; Welded Carbon Steel
                                               percent.                                                                    and Compliance, International Trade                                          Standard Pipe and Tube Products from Turkey, 51
                                                                                                                           Administration, U.S. Department of                                           FR 17784 (May 15, 1986).
                                               Notification to Interested Parties                                          Commerce, 1401 Constitution Avenue                                              2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,

                                                                                                                           NW., Washington, DC 20230; telephone:                                        82 FR 25599 (June 2, 2017) (Initiation).
                                                 This notice constitutes the amended                                                                                                                       3 See Letters from domestic interested parties
                                               CVD order with respect OCTG from                                            (202) 482–1757 and (202) 482–1690,                                           regarding, ‘‘Fourth Five-Year (‘‘Sunset’’) Review Of
                                               Turkey. This notice is issued and                                           respectively.                                                                Antidumping Duty Order On Welded Carbon Steel
                                                                                                                                                                                                        Pipe And Tube from India: Domestic Industry’s
                                                                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                                        Substantive Response,’’ dated June 30, 2017;
ethrower on DSK3G9T082PROD with NOTICES




                                                  12 The Department determined that Borusan
                                                                                                                           Background                                                                   ‘‘Fourth Five-Year (‘‘Sunset’’) Review Of
                                               Istikbal Ticaret, Borusan Mannesmann Boru Sanayi,                                                                                                        Antidumping Duty Order On Certain Circular
                                               Borusan Mannesmann Boru Yatirim Holding A.S.,                                 In 1986, the Department published                                          Welded Carbon Steel Pipes and Tubes from
                                               and Borusan Holding A.S. are cross owned. Id. at                                                                                                         Thailand: Domestic Industry’s Substantive
                                               4–6.                                                                        the AD orders on pipes and tubes from
                                                                                                                                                                                                        Response,’’ dated June 30, 2017; and Fourth Five-
                                                  13 Id., 79 FR at 53690; see also Message No.                             India, Thailand, and Turkey.1 On June                                        Year (‘‘Sunset’’) Review Of Antidumping Duty
                                               4260305, dated September 17, 2014, and Message                                                                                                           Order On Certain Circular Welded Carbon Steel
                                               No. 6076302, dated March 16, 2016.                                            1 See Antidumping Duty Order; Certain Welded                               Pipes and Tubes from Turkey: Domestic Industry’s
                                                  14 See Timken Notice, 81 FR, at 12692.                                   Carbon Steel Standard Pipes and Tubes from India,                            Substantive Response,’’ dated June 30, 2017.



                                          VerDate Sep<11>2014         19:52 Oct 04, 2017          Jkt 244001      PO 00000        Frm 00010        Fmt 4703       Sfmt 4703       E:\FR\FM\05OCN1.SGM               05OCN1



Document Created: 2017-10-05 00:53:45
Document Modified: 2017-10-05 00:53:45
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
DatesApplicable March 3, 2016.
ContactAimee Phelan or Jennifer Shore, 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) 482-0697 or (202) 482-2778, respectively.
FR Citation82 FR 46483 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR