83 FR 34113 - Welded Line Pipe From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 139 (July 19, 2018)
International Trade Administration
Federal Register Volume 83, Issue 139 (July 19, 2018)
| Page Range | 34113-34114 | |
| FR Document | 2018-15435 |
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)] [Notices] [Pages 34113-34114] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15435] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-823] Welded Line Pipe From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Borusan Istikbal Ticaret and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively, Borusan), an exporter/producer of welded line pipe from the Republic of Turkey (Turkey), received countervailable subsidies during the period of review (POR) March 20, 2015, through December 31, 2015. DATES: Applicable July 19, 2018. FOR FURTHER INFORMATION CONTACT: Whitley Herndon and Andrew Medley, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-6274 and 202-482- 4987, respectively. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this administrative review in the Federal Register on January 10, 2018.\1\ We invited interested parties to comment on the Preliminary Results. On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.\2\ On February 12, 2018, we received timely case briefs from the Government of Turkey and from Borusan. On May 2, 2018, Commerce postponed the final results of review until July 12, 2018.\3\ --------------------------------------------------------------------------- \1\ See Welded Line Pipe from the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2015, 83 FR 1237 (January 10, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. \3\ See Memorandum, ``Welded Line Pipe from Turkey: Extension of Deadline for the Final Results of 2015 Countervailing Duty Administrative Review,'' dated May 2, 2018. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order is welded line pipe, which is carbon and alloy steel pipe of a kind used for oil or gas pipelines, not more than 24 inches in nominal outside diameter. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.\4\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Decision Memorandum for the Final Results of 2015 Countervailing Duty Administrative Review: Welded Line Pipe from Turkey,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. 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 in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results We made no changes to our subsidy rate calculation. Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.\5\ For a full description of the methodology underlying all of Commerce's conclusions, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ 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 Administrative Review In accordance with section 777A(e) of the Act and 19 CFR 351.221(b)(5), we determine the total net countervailable subsidy rate for the period January 1, 2015, to December 31, 2015, to be: [[Page 34114]] ------------------------------------------------------------------------ Company Subsidy rate (percent) ------------------------------------------------------------------------ Borusan Istikbal Ticaret and Borusan 0.78 ad valorem. Mannesmann Boru Sanayi ve Ticaret A.S.\6\. ------------------------------------------------------------------------ Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. Commerce will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by the company listed above, entered, or withdrawn from warehouse, for consumption, from March 20, 2015, through December 31, 2015, at the ad valorem rate listed above. --------------------------------------------------------------------------- \6\ For the Borusan Companies, we initiated on the following: Borusan Istikbal Ticaret (Istikbal) and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB). As explained in the PDM, we found Istikbal and BMB to be cross-owned under Borusan Holding, A.S. No party has provided argument to the contrary; thus, for these final results, we continue to find all three companies to be cross-owned, though only BMB received countervailable subsidies in this review period. --------------------------------------------------------------------------- Cash Deposit Requirements Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Borusan, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return 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 sanctionable violation. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: July 12, 2018. 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation A. Allocation Period B. Attribution of Subsides C. Benchmark Interest Rates V. Programs Determined To Be Countervailable VI. Programs Determined Not To Be Used During the POR VII. Analysis of Comments Comment 1: Treatment of the Investment Encouragement Program (IEP): Customs and Value Added Tax (VAT) Exemption Program Comment 2: Whether To Include Borusan's Exchange Variation Income in the Total Value of Sales and Total Value of Export Sales VIII. Recommendation [FR Doc. 2018-15435 Filed 7-18-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices 34113
federally registered lobbyists or DEPARTMENT OF COMMERCE oil or gas pipelines, not more than 24
registered as a foreign agent under the inches in nominal outside diameter. A
Foreign Agents Registration Act of 1938, International Trade Administration full description of the scope of the order
as amended. is contained in the Issues and Decision
[C–489–823]
Those selected for the Board must be Memorandum, which is hereby adopted
able to meet the time and effort Welded Line Pipe From the Republic of by this notice.4
commitments of the Board. Turkey: Final Results of Countervailing Analysis of Comments Received
Duty Administrative Review; 2015
Board members serve at the discretion All issues raised in interested parties’
of the Secretary of Commerce (who may AGENCY: Enforcement and Compliance, briefs are addressed in the Issues and
remove any member of the Board for International Trade Administration, Decision Memorandum accompanying
good cause). The terms of office of each Department of Commerce. this notice. A list of the issues raised by
member of the Board appointed by the SUMMARY: The Department of Commerce interested parties and to which we
Secretary shall be three (3) years. Board (Commerce) determines that Borusan responded in the Issues and Decision
members can serve a maximum of two Istikbal Ticaret and Borusan Memorandum is provided in the
consecutive full three-year terms. Board Mannesmann Boru Sanayi ve Ticaret Appendix to this notice. The Issues and
members are not considered Federal A.S. (collectively, Borusan), an Decision Memorandum is a public
government employees by virtue of their exporter/producer of welded line pipe document and is on file electronically
service as a member of the Board and from the Republic of Turkey (Turkey), via Enforcement and Compliance’s
will receive no compensation from the received countervailable subsidies Antidumping and Countervailing Duty
Federal government for their during the period of review (POR) Centralized Electronic Service System
participation in Board activities. March 20, 2015, through December 31, (ACCESS). ACCESS is available to
Members participating in Board 2015. registered users at https://
meetings and events may be paid actual DATES: Applicable July 19, 2018. access.trade.gov and in the Central
travel expenses and per diem by the FOR FURTHER INFORMATION CONTACT: Records Unit, room B8024 of the main
Corporation when away from their usual Whitley Herndon and Andrew Medley, Department of Commerce building. In
places of residence. AD/CVD Operations, Office II, addition, a complete version of the
Enforcement and Compliance, Issues and Decision Memorandum can
Individuals who want to be
International Trade Administration, be accessed directly at http://
considered for appointment to the Board
U.S. Department of Commerce, 1401 enforcement.trade.gov/frn/. The signed
should submit the following and electronic versions of the Issues and
information by the Friday, August 17, Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–6274 Decision Memorandum are identical in
2018 deadline to the address listed in content.
the ADDRESSES section above: and 202–482–4987, respectively.
SUPPLEMENTARY INFORMATION: Changes Since the Preliminary Results
1. Name, title, and personal resume of
the individual requesting consideration, Background We made no changes to our subsidy
including address, email address and Commerce published the Preliminary rate calculation.
phone number. Results of this administrative review in Methodology
2. A brief statement of why the person the Federal Register on January 10,
should be considered for appointment 2018.1 We invited interested parties to Commerce conducted this review in
to the Board. This statement should also comment on the Preliminary Results. On accordance with section 751(a)(1)(A) of
address the individual’s relevant January 23, 2018, Commerce exercised the Tariff Act of 1930, as amended (the
international travel and tourism its discretion to toll all deadlines Act). For each of the subsidy programs
marketing experience and audit affected by the closure of the Federal found to be countervailable, we find
committee financial expertise, if any, Government from January 20 through that there is a subsidy, i.e., a financial
and indicate clearly the sector or sectors 22, 2018.2 On February 12, 2018, we contribution from a government or
enumerated above in which the received timely case briefs from the public entity that gives rise to a benefit
individual has the requisite expertise Government of Turkey and from to the recipient, and that the subsidy is
and experience. Individuals who have Borusan. On May 2, 2018, Commerce specific.5 For a full description of the
the requisite expertise and experience in postponed the final results of review methodology underlying all of
more than one sector can be appointed until July 12, 2018.3 Commerce’s conclusions, see the Issues
for only one of those sectors. and Decision Memorandum.
Scope of the Order
Appointments of members to the Board Final Results of Administrative Review
will be made by the Secretary of The merchandise covered by the order
Commerce. is welded line pipe, which is carbon In accordance with section 777A(e) of
and alloy steel pipe of a kind used for the Act and 19 CFR 351.221(b)(5), we
3. An affirmative statement that the determine the total net countervailable
applicant is a U.S. citizen and further, 1 See Welded Line Pipe from the Republic of
subsidy rate for the period January 1,
is not required to register as a foreign Turkey: Preliminary Results of Countervailing Duty
2015, to December 31, 2015, to be:
agent under the Foreign Agents Administrative Review; 2015, 83 FR 1237 (January
10, 2018) (Preliminary Results), and accompanying
sradovich on DSK3GMQ082PROD with NOTICES
Registration Act of 1938, as amended. Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Decision Memorandum for
2 See Memorandum, ‘‘Deadlines Affected by the the Final Results of 2015 Countervailing Duty
Dated: July 13, 2018.
Shutdown of the Federal Government,’’ dated Administrative Review: Welded Line Pipe from
Brian Beall, January 23, 2018. All deadlines in this segment of Turkey,’’ dated concurrently with this notice (Issues
Deputy Director, National Travel and Tourism the proceeding have been extended by three days. and Decision Memorandum).
3 See Memorandum, ‘‘Welded Line Pipe from 5 See sections 771(5)(B) and (D) of the Act
Office.
Turkey: Extension of Deadline for the Final Results regarding financial contribution; section 771(5)(E)
[FR Doc. 2018–15408 Filed 7–18–18; 8:45 am]
of 2015 Countervailing Duty Administrative of the Act regarding benefit; and section 771(5A) of
BILLING CODE 3510–DR–P Review,’’ dated May 2, 2018. the Act regarding specificity.
VerDate Sep<11>2014 17:34 Jul 18, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/83_FR_34252/page/1.svg)
![34114 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices
Subsidy rate with the regulations and terms of an DATES: Applicable July 19, 2018.
Company (percent) APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT:
These final results are issued and Blaine Wiltse and Whitley Herndon,
Borusan Istikbal Ticaret 0.78 ad valorem. published in accordance with sections AD/CVD Operations, Office II,
and Borusan 751(a)(1) and 777(i)(1) of the Act and 19
Mannesmann Boru
Enforcement and Compliance,
Sanayi ve Ticaret A.S.6.
CFR 351.221(b)(5). International Trade Administration,
Dated: July 12, 2018. U.S. Department of Commerce, 1401
Assessment Rates Gary Taverman, Constitution Avenue NW, Washington,
Deputy Assistant Secretary for Antidumping
DC 20230; telephone: (202) 482–6345
In accordance with 19 CFR and (202) 482–6274, respectively.
351.212(b)(2), Commerce intends to and Countervailing Duty Operations,
performing the non-exclusive functions and SUPPLEMENTARY INFORMATION:
issue appropriate instructions to U.S.
duties of the Assistant Secretary for
Customs and Border Protection (CBP) 15 Background
Enforcement and Compliance.
days after the date of publication of the Subsequent to the October 28, 2016,
final results of this review. Commerce Appendix publication of the Final Determination,1
will instruct CBP to liquidate shipments List of Topics Discussed in the Issues and and the December 16, 2016, publication
of subject merchandise produced and/or Decision Memorandum of the Order,2 Wheatland Tube
exported by the company listed above, I. Summary Company (i.e., the petitioner), filed a
entered, or withdrawn from warehouse, II. Background complaint with the Court challenging
for consumption, from March 20, 2015, III. Scope of the Order Commerce’s treatment of the cost of
through December 31, 2015, at the ad IV. Subsidies Valuation ‘‘caps’’ used by Universal Tube and
valorem rate listed above. A. Allocation Period Plastic Industries, LLC—Jebel Ali
B. Attribution of Subsides Branch (UTP–JA), a producer/exporter
Cash Deposit Requirements C. Benchmark Interest Rates of the mandatory respondent,
Commerce also intends to instruct V. Programs Determined To Be
Universal.3 On April 24, 2018, the Court
CBP to collect cash deposits of Countervailable
VI. Programs Determined Not To Be Used remanded Commerce’s final
estimated countervailing duties in the determination with the instruction that
amount shown above for Borusan, on During the POR
VII. Analysis of Comments Commerce reexamine whether UTP–
shipments of subject merchandise JA’s cost of caps should be treated as
Comment 1: Treatment of the Investment
entered, or withdrawn from warehouse, Encouragement Program (IEP): Customs packing expenses in light of its prior
for consumption on or after the date of and Value Added Tax (VAT) Exemption treatment of this material.4
publication of the final results of this Program On June 22, 2018, Commerce issued
review. For all non-reviewed firms, Comment 2: Whether To Include Borusan’s its final results of redetermination, in
Commerce will instruct CBP to continue Exchange Variation Income in the Total which we reclassified UTP–JA’s cost of
to collect cash deposits at the most Value of Sales and Total Value of Export caps as packing expenses; this revision
recent company-specific or all-others Sales
VIII. Recommendation
did not change the final dumping
rate applicable to the company, as margin for Universal.5 On July 9, 2018,
appropriate. Accordingly, the cash [FR Doc. 2018–15435 Filed 7–18–18; 8:45 am]
the Court sustained the Remand
deposit requirements that will be BILLING CODE 3510–DS–P Redetermination.
applied to companies covered by this
order, but not examined in this Timken Notice
administrative review, are those DEPARTMENT OF COMMERCE In its decision in Timken,6 as clarified
established in the most recently by Diamond Sawblades,7 the United
completed segment of the proceeding International Trade Administration States Court of Appeals for the Federal
for each company. These cash deposit [A–520–807]
requirements, when imposed, shall 1 See Circular Welded Carbon-Quality Steel Pipe
remain in effect until further notice. Circular Welded Carbon-Quality Steel from the United Arab Emirates: Final Determination
of Sales at Less Than Fair Value, 81 FR 75030
Administrative Protective Orders Pipe From the United Arab Emirates: (October 28, 2016) (Final Determination).
Notice of Court Decision Not in 2 See Circular Welded Carbon-Quality Steel Pipe
This notice also serves as a reminder Harmony With Final Determination of from the Sultanate of Oman, Pakistan, and the
to parties subject to administrative Sales at Less Than Fair Value United Arab Emirates: Amended Final Affirmative
protective order (APO) of their Antidumping Duty Determination and
responsibility concerning the AGENCY: Enforcement and Compliance, Antidumping Duty Orders, 81 FR 91906 (December
19, 2016) (Order).
destruction of proprietary information International Trade Administration, 3 Universal is the name collectively used for the
disclosed under APO in accordance Department of Commerce. following group of affiliated producers/exporters of
with 19 CFR 351.305(a)(3). Timely SUMMARY: On July 9, 2018, the United CWP: KHK Scaffolding and Framework LLC;
written notification of the return or Universal Tube and Pipe Industries, Ltd; and UTP–
States Court of International Trade (the JA.
destruction of APO materials or Court) entered final judgment sustaining 4 See Wheatland Tube Company v. United States,
conversion to judicial protective order is the final results of the remand Court No. 17–00021, Slip Op. 18–49 (CIT April 24,
hereby requested. Failure to comply redetermination by the Department of 2018).
5 See Final Results of Redetermination Pursuant
Commerce (Commerce) pertaining to the
6 For the Borusan Companies, we initiated on the to Court Remand, Wheatland Tube Company v.
antidumping duty (AD) investigation of
sradovich on DSK3GMQ082PROD with NOTICES
following: Borusan Istikbal Ticaret (Istikbal) and United States, Court No. 17–00021, Slip Op. 18–49
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
circular welded carbon-quality steel (CIT April 24, 2018), dated June 21, 2018, available
(BMB). As explained in the PDM, we found Istikbal pipe (CWP) from the United Arab at: https://enforcement.trade.gov/remands/
and BMB to be cross-owned under Borusan Emirates (UAE). Commerce is notifying index.html (Remand Redetermination).
6 See Timken Co. v. United States, 893 F.2d 337,
Holding, A.S. No party has provided argument to the public that the final judgment in this
the contrary; thus, for these final results, we 341 (Fed. Cir. 1990) (Timken).
continue to find all three companies to be cross-
case is not in harmony with Commerce’s 7 See Diamond Sawblades Mfrs. Coalition v.
owned, though only BMB received countervailable final determination in the AD United States, 626 F.3d 1374 (Fed. Cir. 2010)
subsidies in this review period. investigation of CWP from the UAE. (Diamond Sawblades).
VerDate Sep<11>2014 17:34 Jul 18, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/83_FR_34252/page/2.svg)
Document Created: 2018-07-19 01:35:24
Document Modified: 2018-07-19 01:35:24
| 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 July 19, 2018. | |
| Contact | Whitley Herndon and Andrew Medley, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-6274 and 202-482- 4987, respectively. | |
| FR Citation | 83 FR 34113 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR