82 FR 47479 - Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 196 (October 12, 2017)
International Trade Administration
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47479-47481 | |
| FR Document | 2017-22069 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Notices] [Pages 47479-47481] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22069] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed the administrative review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes (pipes and tubes) from Turkey for the January 1, 2015, through December 31, 2015, period of review (POR) in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). This review covers multiple exporters/ producers, two of which are being individually examined as mandatory respondents. We have determined that [[Page 47480]] the net subsidy rate for Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan Companies), is 0.49 percent ad valorem. We have determined that the net subsidy rate for Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Tosyali dis Ticaret A.S. (Tosyali) and Tosyali Holding (Tosyali) (collectively, the Toscelik Companies), is 6.64 percent ad valorem. Further, in these final results, we have applied the net subsidy rate calculated for the Toscelik Companies to the following four respondents not subject to individual examination: Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan), Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran), Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven), and Yucel Boru ye Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and Cayirova Boru Sanayi ye Ticaret A.S. (collectively, hereinafter, the Yucel Companies). DATES: Applicable October 12, 2017. FOR FURTHER INFORMATION CONTACT: Patricia Tran (the Toscelik Companies) at 202-482-1503, or Jolanta Lawska (the Borusan Companies) at 202-482- 8362, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. Scope of Order The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipe and tube) from Turkey. These products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings as 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Analysis of Comments Received All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum.\1\ A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Memorandum to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Final Results of Countervailing Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes and Tubes from Turkey,'' dated concurrently with and hereby adopted by these final results (Issues and Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable during the POR, we determine that there is a subsidy, i.e., a government-provided financial contribution that confers a benefit to the recipient, and that the subsidy is specific.\2\ For a complete description of the methodology underlying all of the Department's conclusions, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \2\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Final Results of Review In accordance with 19 CFR 351.221(b)(5), we calculated an individual subsidy rate for the mandatory respondents, the Borusan Companies and the Toscelik Companies. The subsidy rate calculated for the Borusan Companies is de minimis. As discussed in the accompanying Issues and Decision Memorandum, it is the Department's practice to calculate a rate for companies that are not individually examined by averaging the weighted-average net subsidy rates for the individually- reviewed companies, excluding rates that are zero, de minimis, or based entirely on facts available. Because only the Toscelik Companies received an above-de minimis net subsidy rate, and this rate is not based entirely on facts available, for the companies for which a review was requested that were not individually examined as mandatory respondents, i.e., Erbosan, Guven, Umran, and the Yucel Companies, we assigned the subsidy rate calculated for the Toscelik Companies. As a result of this review, we determine the listed net subsidy rates for January 1, 2015, through December 31, 2015: --------------------------------------------------------------------------- \3\ See Circular Welded Carbon Steel Pipes and Tubes from Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2013 and Rescission of Countervailing Duty Administrative Review, in Part, 80 FR 61361 (October 13, 2015). \4\ Id. \5\ Id. ------------------------------------------------------------------------ Net subsidy rate Company (percent) ------------------------------------------------------------------------ Borusan Group, Borusan Holding, A.S. (Borusan * 0.49 Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, the Borusan Companies).. Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 6.64 Profil), Toscelik Metal Ticaret AS., and Tosyali Dis Ticaret AS. (Tosyali) (collectively, the Toscelik Companies)................................ Guven Steel Pipe (also known as Guven Celik Born 6.64 San. Ve Tic. Ltd.) (Guven) \3\..................... Umran Celik Born Sanayii A.S. (also known as Umran 6.64 Steel Pipe Inc.) (Umran) \4\....................... Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 6.64 (Erbosan).......................................... Yucel Boru ye Profil Endustrisi A.S., Yucelboru 6.64 Ihracat Ithalat ye Pazarlama A.S. and Cayirova Boru Sanayi ye Ticaret A.S. (collectively, the Yucel Companies) \5\..................................... ------------------------------------------------------------------------ * (de minimis). [[Page 47481]] Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.\6\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Assessment Rates In accordance with 19 CFR 351.212(b)(2), the Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015. Concerning the Borusan Companies, the Department intends to issue assessment instructions to CBP to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, without regard to countervailing duties. Cash Deposits In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above, except if the rate calculated in these final results is zero or de minimis, no cash deposit will be required. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation which is subject to sanction. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 4, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. List of Comments IV. Scope of the Order V. Subsidies Valuation Information A. Allocation Period B. Attribution of Subsidies C. Loan Benchmark and Discount Interest Rates VI. Non-Selected Rate VII. Analysis of Programs A. Programs Determined To Be Countervailable 1. Deduction From Taxable Income for Export Revenue 2. Short-Term Pre-Shipment Rediscount Program 3. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate Remuneration (LTAR) 4. Inward Processing Certificate Exemption 5. Law 6486: Social Security Premium Incentive 6. Law 5084: Allocation of Free Land and Purchase of Land for LTAR 7. Export Financing: Export-Oriented Working Capital Program B. Programs Found Not to Confer Countervailable Benefits C. Programs Determined to Not Be Used VIII. Analysis of Comments Comment 1: Attribution of the Tos[ccedil]elik Companies' Subsidy Benefits Comment 2: Short-Term Loan Benchmark Comment 3: Calculation of Benchmark Used To Measure Whether Tos[ccedil]elik Purchased Hot-Rolled Steel (HRS) for Less Than Adequate Remuneration (LTAR) Comment 4: Whether the HRS Benchmark From the Preliminary Results Contains HRS Purchases That Are Not Comparable to the HRS Purchased From Erdemir Comment 5: Erbosan's Clarification of its No Shipment Certification Comment 6: Correct Clerical Error in HRS Benchmark IX. Recommendation [FR Doc. 2017-22069 Filed 10-11-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47479
to the non-individually examined cash deposit rate for respondents noted Dated: October 4, 2017.
respondents is 7.22 percent.10 above will be the rate established in the Gary Taverman,
Disclosure final results of this administrative Deputy Assistant Secretary for Antidumping
review; (2) for previously reviewed or and Countervailing Duty Operations,
The Department intends to disclose investigated companies not listed above, performing the non-exclusive functions and
the calculations performed for these the cash deposit rate will continue to be duties of the Assistant Secretary for
final results of review within five days Enforcement and Compliance.
the company-specific rate published for
of the date of publication of this notice Appendix
the most recent period; (3) if the
in the Federal Register, in accordance
with 19 CFR 351.224(b). exporter is not a firm covered in this List of Topics Discussed in the Issues and
review, a prior review, or the original Decision Memorandum
Assessment Rates investigation, but the producer is, the Summary
The Department shall determine and cash deposit rate will be the rate Scope of the Order
Customs and Border Protection (CBP) established for the most recent period Discussion of the Issues
shall assess antidumping duties on all for the producer of the merchandise; I. General Issues
appropriate entries.11 The Department and (4) the cash deposit rate for all other Comment 1: Cash Deposit Instructions
Comment 2: Assessment of Antidumping
calculated importer-specific ad valorem producers or exporters will continue to Duties
antidumping duty assessment rates by be 27.04 percent, the all-others rate II. Company Specific Issues
aggregating the total amount of dumping established in the investigation.12 These Agir Haddecilik A.S.
calculated for the examined sales of cash deposit requirements, when Comment 3: Finding of No Shipments
each importer and dividing each of imposed, shall remain in effect until CINAR Boru Profil Sanayi ve Ticaret A.S.
these amounts by the total entered value further notice. Comment 4: Certificate of Service
associated with those sales. The Comment 5: Duty Drawback Adjustment
Department will instruct CBP to assess Notification to Importers Regarding the Comment 6: Product Characteristic
Reimbursement of Duties Modification
antidumping duties on all appropriate Comment 7: Home Market and Margin SAS
entries covered by this review where an Program Date Parameters
importer-specific assessment rate is not This notice also serves as a final
Comment 8: U.S. Brokerage and Handling
zero or de minimis. Pursuant to the reminder to importers of their
(B&H) Expenses
Final Modification for Reviews, we will responsibility under 19 CFR Noksel Celik Boru Sanayi A.S.
instruct CBP to liquidate without regard 351.402(f)(2) to file a certificate Comment 9: Duty Drawback Adjustment
to antidumping duties any entries for regarding the reimbursement of Comment 10: Imputed Home Market Credit
which the importer-specific assessment antidumping duties prior to liquidation Expenses
of the relevant entries during this Comment 11: Inclusion of Certain Sales
rate is zero or de minimis. Additionally, Outside of the POR
because the Department determined that review period. Failure to comply with
Comment 12: Application of AFA to a U.S.
Agir Haddecilik A.S. had no shipments this requirement could result in the Sale
of the subject merchandise, any Department’s presumption that Comment 13: Application of AFA Based on
suspended entries that entered under reimbursement of antidumping duties CBP Entry Data
the company’s case numbers (i.e., at the occurred and the subsequent assessment Recommendation
company’s rate) will be liquidated at the of double antidumping duties. [FR Doc. 2017–22072 Filed 10–11–17; 8:45 am]
all-others rate effective during the BILLING CODE 3510–DS–P
Notification Regarding Administrative
period of review, consistent with the
Protective Orders (APO)
Department’s practice.
This notice also serves as a reminder DEPARTMENT OF COMMERCE
Cash Deposit Requirements
to parties subject to APO of their
The following cash deposit International Trade Administration
responsibility concerning the return or
requirements will be effective upon [C–489–502]
destruction of proprietary information
publication of the notice of final results
of administrative review for all disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which Circular Welded Carbon Steel Pipes
shipments of subject merchandise and Tubes From Turkey: Final Results
entered, or withdrawn from warehouse, continues to govern business
of Countervailing Duty Administrative
for consumption on or after the proprietary information in this segment
Review; Calendar Year 2015
publication of the final results of this of the proceeding. Timely written
administrative review, as provided by notification of the return or destruction AGENCY: Enforcement and Compliance,
section 751(a)(2)(C) of the Act: (1) The of APO materials, or conversion to International Trade Administration,
judicial protective order, is hereby Department of Commerce.
10 See Memorandum from Jonathan Hill, requested. Failure to comply with the SUMMARY: The Department of Commerce
International Trade Compliance Analyst, AD/CVD regulations and terms of an APO is a (the Department) has completed the
Operations, Office IV, Enforcement and Compliance violation which is subject to sanction. administrative review of the
to The File ‘‘Final Results of the 2015—2016
Antidumping Duty Administrative Review of Light- This notice of the final results of this countervailing duty (CVD) order on
Walled Rectangular Pipe and Tube from Turkey: antidumping duty administrative review circular welded carbon steel pipes and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Calculation of the Rate for Respondents Not
is issued and published in accordance tubes (pipes and tubes) from Turkey for
Selected for Individual Examination,’’ dated the January 1, 2015, through December
concurrently with this notice. with sections 751(a)(1) and 777(i) of the
31, 2015, period of review (POR) in
11 In these final results, the Department applied
Act and 19 CFR 351.213 and 19 CFR
the assessment rate calculation method adopted in accordance with section 751(a) of the
351.221(b)(5).
Antidumping Proceedings: Calculation of the Tariff Act of 1930, as amended (the Act).
Weighted-Average Dumping Margin and This review covers multiple exporters/
Assessment Rate in Certain Antidumping 12 See Notice of Final Determination of Sales at
Proceedings: Final Modification, 77 FR 8101 Less Than Fair Value: Light-Walled Rectangular
producers, two of which are being
(February 14, 2012) (Final Modification for Pipe and Tube from Turkey, 73 FR 19814 (April 11, individually examined as mandatory
Reviews). 2008). respondents. We have determined that
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![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices 47481
Disclosure Dated: October 4, 2017. DATES: Applicable October 12, 2017.
Gary Taverman, FOR FURTHER INFORMATION CONTACT: Erin
We will disclose to the parties in this Deputy Assistant Secretary for Antidumping Kearney at (202) 482–0167, AD/CVD
proceeding the calculations performed and Countervailing Duty Operations, Operations, Enforcement and
for these final results within five days performing the non-exclusive functions and Compliance, International Trade
of the date of publication of this notice duties of the Assistant Secretary for Administration, Department of
in the Federal Register.6 Enforcement and Compliance. Commerce, 1401 Constitution Avenue
Assessment Rates Appendix NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
I. Summary
In accordance with 19 CFR II. Background Background
351.212(b)(2), the Department intends to III. List of Comments
issue assessment instructions to U.S. IV. Scope of the Order On March 30, 2017, the Department of
Customs and Border Protection (CBP) 15 V. Subsidies Valuation Information Commerce (the Department) initiated an
days after the date of publication of A. Allocation Period antidumping duty investigation
these final results of review to liquidate
B. Attribution of Subsidies concerning imports of certain aluminum
C. Loan Benchmark and Discount Interest foil from the People’s Republic of China
shipments of subject merchandise Rates (PRC).1 On April 3, 2017, as part of the
entered, or withdrawn from warehouse, VI. Non-Selected Rate investigation of certain aluminum foil
for consumption on or after January 1, VII. Analysis of Programs
from the PRC, the Department initiated
2015, through December 31, 2015. A. Programs Determined To Be
Countervailable an inquiry into the status of the PRC as
Concerning the Borusan Companies, the a nonmarket economy (NME) country,
1. Deduction From Taxable Income for
Department intends to issue assessment Export Revenue pursuant to section 771(18)(C)(ii) of the
instructions to CBP to liquidate 2. Short-Term Pre-Shipment Rediscount Tariff Act of 1930, as amended (the
shipments of subject merchandise Program Act).2
entered, or withdrawn from warehouse, 3. Provision of Hot-Rolled Steel (HRS) for The Initiation Notice stated that the
for consumption on or after January 1, Less Than Adequate Remuneration Department, in accordance with section
2015, through December 31, 2015, (LTAR) 733(b)(1)(A) of the Act and 19 CFR
4. Inward Processing Certificate Exemption 351.205(b)(1), would issue its
without regard to countervailing duties. 5. Law 6486: Social Security Premium
Incentive preliminary determination in this
Cash Deposits investigation no later than 140 days
6. Law 5084: Allocation of Free Land and
In accordance with section 751(a)(1) Purchase of Land for LTAR after the date of the initiation, unless
7. Export Financing: Export-Oriented postponed.3 On August 1, 2017, the
of the Act, we intend to instruct CBP to
Working Capital Program Department postponed the deadline for
collect cash deposits of estimated B. Programs Found Not to Confer the preliminary determination of this
countervailing duties in the amounts Countervailable Benefits investigation by 50 days, until October
shown for each of the respective C. Programs Determined to Not Be Used 4, 2017, in accordance with section
companies listed above, except if the VIII. Analysis of Comments
733(c)(1)(A) of the Act and 19 CFR
rate calculated in these final results is Comment 1: Attribution of the Tosçelik
Companies’ Subsidy Benefits 351.205(b)(2).4
zero or de minimis, no cash deposit will
Comment 2: Short-Term Loan Benchmark Deferral of Preliminary Determination
be required. These cash deposit Comment 3: Calculation of Benchmark
requirements, effective upon Used To Measure Whether Tosçelik In the NME Inquiry Initiation Notice,
publication of these final results, shall Purchased Hot-Rolled Steel (HRS) for the Department solicited comments and
remain in effect until further notice. Less Than Adequate Remuneration information from interested parties and
(LTAR) announced its intention to issue its final
Administrative Protective Order Comment 4: Whether the HRS Benchmark determination regarding the PRC’s NME
From the Preliminary Results Contains status prior to the issuance of the
This notice also serves as a reminder HRS Purchases That Are Not Comparable Department’s preliminary determination
to parties subject to an administrative to the HRS Purchased From Erdemir in the less-than-fair-value
protective order (APO) of their Comment 5: Erbosan’s Clarification of its
No Shipment Certification
investigation.5 To fully consider all
responsibility concerning the information relevant to the inquiry into
disposition of proprietary information Comment 6: Correct Clerical Error in HRS
Benchmark the status of the PRC as a NME country
disclosed under APO in accordance IX. Recommendation and issue a final determination, the
with 19 CFR 351.305(a)(3), which Department requires additional time
[FR Doc. 2017–22069 Filed 10–11–17; 8:45 am]
continues to govern business
BILLING CODE 3510–DS–P
proprietary information in this segment 1 See Certain Aluminum Foil from the People’s
of proceeding. Timely written Republic of China: Initiation of Less-Than-Fair-
Value Investigation, 82 FR 15691 (March 30, 2017)
notification of the return/destruction of DEPARTMENT OF COMMERCE (Initiation Notice).
APO materials or conversion to judicial 2 See Certain Aluminum Foil from the People’s
protective order is hereby requested. International Trade Administration Republic of China: Notice of Initiation of Inquiry
Failure to comply with the regulations into the Status of the People’s Republic of China as
[A–570–053] a Nonmarket Economy Country Under the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
and the terms of an APO is a Antidumping and Countervailing Duty Laws, 82 FR
sanctionable violation which is subject Certain Aluminum Foil From the 16162 (April 3, 2017) (NME Inquiry Initiation
to sanction. Notice).
People’s Republic of China: Deferral of 3 See Initiation Notice, 82 FR at 15695.
These final results are issued and Preliminary Determination of the Less- 4 See Certain Aluminum Foil from the People’s
published in accordance with sections Than-Fair-Value Investigation Republic of China: Postponement of Preliminary
751(a)(1) and 777(i)(1) of the Act. Determination of the Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, Investigation, 82 FR 35753 (August 1, 2017).
International Trade Administration, 5 See NME Inquiry Initiation Notice, 82 FR at
6 See 19 CFR 351.224(b). Department of Commerce. 16163.
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Document Created: 2018-10-25 10:04:38
Document Modified: 2018-10-25 10:04:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 12, 2017. | |
| Contact | Patricia Tran (the Toscelik Companies) at 202-482-1503, or Jolanta Lawska (the Borusan Companies) at 202-482- 8362, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 82 FR 47479 |
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