83 FR 51440 - Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 197 (October 11, 2018)
International Trade Administration
Federal Register Volume 83, Issue 197 (October 11, 2018)
| Page Range | 51440-51442 | |
| FR Document | 2018-22129 |
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)] [Notices] [Pages 51440-51442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22129] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-817] Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. [[Page 51441]] SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of oil country tubular goods (OCTG) from the Republic of Turkey (Turkey) received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016. Interested parties are invited to comment on these preliminary results. DATES: Applicable: October 11, 2018. FOR FURTHER INFORMATION CONTACT: Aimee Phelan, 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. SUPPLEMENTARY INFORMATION: Background On September 1, 2017, Commerce published a notice of opportunity to request an administrative review of the CVD order on OCTG from Turkey for the period January 1, 2016, through December 31, 2016.\1\ On September 29, 2017, Commerce received a review request from Maverick Tube Corporation and TenarisBayCity (domestic interested parties), for the following seven exporters and/or producers of subject merchandise: (1) Borusan Mannesmann Boru Sanayi ve Ticaret A.S., (2) Borusan Istikbal Ticaret, (3) Cayirova Boru San A.S., (4) Cayirova Boru Sanayi ve Ticaret A.S., (5) HG Tubulars Canada Ltd., (6) Yucel Boru Ihracat ve Pazarlama A.S., and (7) Yucelboru Ihracat, Ithalat.\2\ On October 2, 2017, Borusan submitted a letter to Commerce requesting a review of itself.\3\ On November 13, 2017, Commerce published a notice of initiation of an administrative review for this CVD order.\4\ Commerce postponed the deadline for issuing the preliminary results of this administrative review to October 3, 2018.\5\ --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 41595 (September 1, 2017). \2\ See Letter from Maverick Tube Corporation and TenarisBayCity, ``Oil Country Tubular Goods from Turkey: Request for Administrative Review,'' dated September 29, 2017. The domestic interested parties also requested a review of Tosyali Dis Ticaret A.S., Toscelik 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, Toscelik). However, on October 5, 2017, Commerce published an amendment to the CVD order to exclude Toscelik. Thus, Commerce did not initiate an administrative review of Toscelik. See Oil Country Tubular Goods from the Republic of Turkey: Amendment of Countervailing Duty Order, 82 FR 46483 (October 5, 2017). \3\ See Letter from Borusan, ``Oil Country Tubular Goods from Turkey, Case No. C-489-817: Request for Countervailing Duty Administrative Review,'' dated October 2, 2017. In the investigation, Commerce determined that Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret are cross-owned and applied a single CVD rate to both companies. See Certain Oil Country Tubular from the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 79 FR 41964 (July 18, 2014), and accompanying, Issues and Decisions Memorandum (IDM) at 4-5. \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017). \5\ See Memorandum re: ``Extension of Deadline for Preliminary Results,'' dated August 29, 2018. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order is certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the order also covers OCTG coupling stock. A full description of the scope of the order is contained in the Preliminary Decision Memorandum, which is hereby adopted by this notice.\6\ --------------------------------------------------------------------------- \6\ See Memorandum re: ``Decision Memorandum for the Preliminary Results of 2016 Countervailing Duty Administrative Review: Oil Country Tubular Goods from the Republic of Turkey,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology We are conducting this administrative 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 preliminarily find that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\7\ For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.\8\ The Preliminary 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 Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of topics discussed in the Preliminary Decision Memorandum is provided in the Appendix to this notice. --------------------------------------------------------------------------- \7\ 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. \8\ --------------------------------------------------------------------------- Preliminary Results of the Review We preliminarily determine the following net countervailable subsidy rate for the mandatory respondent, Borusan, for the period January 1, 2016, through December 31, 2016: ------------------------------------------------------------------------ Net subsidy rate ad Company valorem (percent) ------------------------------------------------------------------------ Borusan Mannesmann Boru Sanayi ve Ticaret A.S., and 0.66 Borusan Istikbal Ticaret. \9\ ------------------------------------------------------------------------ Assessment Rates Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. --------------------------------------------------------------------------- \9\ Commerce has determined that Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret are cross-owned. See Preliminary Decision Memorandum. --------------------------------------------------------------------------- Cash Deposit Requirements In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Borusan, with regard to 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, we will instruct CBP to continue to collect cash deposits at the most recent company specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. [[Page 51442]] Disclosure and Public Comment We will disclose to parties in this review the calculations performed in reaching the preliminary results within five days of publication of these preliminary results.\10\ Interested parties may submit written comments (case briefs) on the preliminary results no later than 30 days from the date of publication of this Federal Register notice, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.\11\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\12\ All briefs must be filed electronically using ACCESS. --------------------------------------------------------------------------- \10\ See 19 CFR 351.224(b). \11\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 351.303 (for general filing requirements). \12\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\13\ Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues addressed at the hearing will be limited to those raised in the briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\14\ Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is extended. --------------------------------------------------------------------------- \13\ See 19 CFR 351.310(c). \14\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: October 3, 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information V. Analysis of Programs VI. Recommendation [FR Doc. 2018-22129 Filed 10-10-18; 8:45 am] BILLING CODE 3510-DS-P
![51440 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
of review in the Federal Register.7 merchandise to the total sales quantity when imposed, shall remain in effect
Rebuttals to case briefs, which must be of those same sales.14 For customers or until further notice.
limited to issues raised in the case importers of Zhongwei for which we
Notification to Importers
briefs, must be filed within five days received entered-value information, we
after the time limit for filing case briefs.8 have calculated importer- (or This notice also serves as a
Parties who submit arguments are customer-) specific antidumping duty preliminary reminder to importers of
requested to submit with the argument assessment rates based on importer- (or their responsibility under 19 CFR
(a) a statement of the issue, (b) a brief customer-) specific ad valorem rates.15 351.402(f)(2) to file a certificate
summary of the argument, and (c) a Where an importer-or (customer-) regarding the reimbursement of
table of authorities.9 Parties submitting specific ad valorem rate is greater than antidumping and/or countervailing
briefs should do so pursuant to de minimis, Commerce will instruct duties prior to liquidation of the
Commerce’s electronic filing system, CBP to collect the appropriate duties at relevant entries during the POR. Failure
ACCESS.10 the time of liquidation.16 to comply with this requirement could
Any interested party may request a For entries that were not reported in result in Commerce’s presumption that
hearing within 30 days of publication of the U.S. sales database submitted by an reimbursement of antidumping and/or
this notice.11 Hearing requests should exporter individually examined during countervailing duties occurred and the
contain the following information: (1) this review, Commerce will instruct subsequent assessment of double
The party’s name, address, and CBP to liquidate such entries at the antidumping duties.
telephone number; (2) the number of China-wide rate. Additionally, if Notification to Interested Parties
participants; and (3) a list of the issues Commerce determines that an exporter
to be discussed. Oral presentations will under review had no shipments of the These preliminary results are issued
be limited to issues raised in the briefs. subject merchandise, any suspended and published in accordance with
If a request for a hearing is made, parties entries that entered under that sections 751(a)(1) and 777(i)(1) of the
will be notified of the time and date for exporter’s case number will be Act and 19 CFR 351.221(b)(4).
the hearing to be held at the U.S. liquidated at the China-wide rate.17 Dated: October 3, 2018.
Department of Commerce, 1401 Gary Taverman,
Constitution Avenue NW, Washington, Cash Deposit Requirements
Deputy Assistant Secretary for Antidumping
DC 20230.12 The following cash deposit and Countervailing Duty Operations,
Commerce intends to issue the final requirements will be effective upon performing the non-exclusive functions and
results of this administrative review, publication of the final results of this duties of the Assistant Secretary for
which will include the results of our review for shipments of the subject Enforcement and Compliance.
analysis of all issues raised in the case merchandise from China entered, or
briefs, within 120 days of publication of Appendix I
withdrawn from warehouse, for
these preliminary results in the Federal consumption on or after the publication List of Topics Discussed in the Preliminary
Register, pursuant to section date, as provided by section 751(a)(2)(C) Decision Memorandum
751(a)(3)(A) of the Act. of the Act: (1) For the companies listed I. Summary
above that have a separate rate (i.e. , II. Background
Assessment Rates III. Scope of the Order
Zhongwei), the cash deposit rate will be
Upon issuance of the final results, IV. Discussion of Methodology
that established in the final results of
Commerce will determine, and U.S. A. Non-Market Economy Country
this review (except, if the rate is zero or B. Surrogate Country and Surrogate Value
Customs and Border Protection (CBP) de minimis, then a cash deposit of zero Data
shall assess, antidumping duties on all will be required); (2) for previously C. Surrogate Country
appropriate entries covered by this investigated or reviewed China and non- D. Separate Rates
review.13 Commerce intends to issue China exporters not listed above that E. Date of Sale
assessment instructions to CBP 15 days received a separate rate in a prior F. Comparisons to Normal Value
after the publication date of the final segment of this proceeding, the cash G. Export Price
results of this review. deposit rate will continue to be the H. Value-Added Tax
For Zhongwei, Commerce will I. Norma Value
existing exporter-specific rate; (3) for all J. Factor Valuations
calculate importer-specific assessment
China exporters of subject merchandise K. Currency Conversion
rates on the basis of the ratio of the total
that have not been found to be entitled V. Adjustment Under Section 777A(f) of the
amount of dumping calculated for the
to a separate rate, the cash deposit rate Act
importer’s examined sales to the total VI. Recommendation
will be that for the China-wide entity
entered value of sales, in accordance
with 19 CFR 351.212(b)(1). For (i.e., 105.31 percent); 18 and (4) for all [FR Doc. 2018–22127 Filed 10–10–18; 8:45 am]
customers or importers of Zhongwei for non-China exporters of subject BILLING CODE 3510–DS–P
which we do not have entered values, merchandise which have not received
we calculated importer- (or customer-) their own rate, the cash deposit rate will
specific antidumping duty assessment be the rate applicable to the China DEPARTMENT OF COMMERCE
amounts based on the ratio of the total exporter that supplied that non-China
exporter. These deposit requirements, International Trade Administration
amount of dumping duties calculated
for the examined sales of subject [C–489–817]
14 See 19 CFR 351.212(b)(1).
khammond on DSK30JT082PROD with NOTICES
15 Id.
7 See 19 CFR 351.309(c)(1)(ii). Oil Country Tubular Goods From the
16 See 19 CFR 351.212(b)(1).
8 See 19 CFR 351.309(d)(1)–(2).
17 See Non-Market Economy Antidumping
Republic of Turkey: Preliminary
9 See 19 CFR 351.309(c)(2), (d)(2).
Proceedings: Assessment of Antidumping Duties, 76
Results of Countervailing Duty
10 See 19 CFR 351.303 (for general filing
FR (October 24, 2011). Administrative Review; 2016
requirements). 18 See Certain New Pneumatic Off-the-Road Tires
11 See 19 CFR 351.310(c).
from the People’s Republic of China: Final Results
AGENCY: Enforcement and Compliance,
12 See 19 CFR 351.310(d).
of Antidumping Duty Administrative Review; 2012 International Trade Administration,
13 See 19 CFR 351.212(b). 2013, 80 FR 20197 (April 15, 2015). Department of Commerce.
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![51442 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
Disclosure and Public Comment Dated: October 3, 2018. this review, see the Preliminary
Gary Taverman, Decision Memorandum, dated
We will disclose to parties in this Deputy Assistant Secretary for Antidumping concurrently with these preliminary
review the calculations performed in and Countervailing Duty Operations, results and hereby adopted by this
reaching the preliminary results within Performing the non-exclusive functions and notice.2
five days of publication of these duties of the Assistant Secretary for The Preliminary Decision
preliminary results.10 Interested parties Enforcement and Compliance. Memorandum is a public document and
may submit written comments (case Appendix—List of Topics Discussed in is on file electronically via Enforcement
briefs) on the preliminary results no the Preliminary Decision Memorandum and Compliance’s Antidumping and
later than 30 days from the date of Countervailing Duty Centralized
I. Summary Electronic Service System (ACCESS).
publication of this Federal Register
II. Background Access to ACCESS is available to
notice, and rebuttal comments (rebuttal III. Scope of the Order
briefs) within five days after the time registered users at https://
IV. Subsidies Valuation Information
limit for filing case briefs.11 Pursuant to V. Analysis of Programs
access.trade.gov/login.aspx and is
19 CFR 351.309(d)(2), rebuttal briefs VI. Recommendation available to all parties in the Central
Records Unit, Room B8024 of the main
must be limited to issues raised in the [FR Doc. 2018–22129 Filed 10–10–18; 8:45 am]
Commerce building. In addition, a
case briefs. Parties who submit BILLING CODE 3510–DS–P
complete version of the Preliminary
arguments are requested to submit with Decision Memorandum can be accessed
the argument: (1) A statement of the directly on the internet at https://
issue; (2) a brief summary of the DEPARTMENT OF COMMERCE
enforcement.trade.gov/frn/index.html.
argument; and (3) a table of A list of the topics discussed in the
International Trade Administration
authorities.12 All briefs must be filed Preliminary Decision Memorandum is
electronically using ACCESS. [A–580–870] attached to this notice as Appendix 1.
Pursuant to 19 CFR 351.310(c), The signed Preliminary Decision
Certain Oil Country Tubular Goods Memorandum and the electronic
interested parties who wish to request a From the Republic of Korea:
hearing must submit a written request to version of the Preliminary Decision
Preliminary Results of Antidumping Memorandum are identical in content.
the Assistant Secretary for Enforcement Duty Administrative Review; 2016–
and Compliance, filed electronically via 2017 Scope of the Order
ACCESS by 5 p.m. Eastern Time within The merchandise covered by the order
30 days after the date of publication of AGENCY: Enforcement and Compliance,
International Trade Administration, is certain OCTG, which are hollow steel
this notice.13 Hearing requests should products of circular cross-section,
contain: (1) The party’s name, address, Department of Commerce.
including oil well casing and tubing, of
and telephone number; (2) the number SUMMARY: The Department of Commerce
iron (other than cast iron) or steel (both
of participants; and (3) a list of the (Commerce) preliminarily determines carbon and alloy), whether seamless or
issues to be discussed. Issues addressed that NEXTEEL Co., Ltd. (NEXTEEL) and welded, regardless of end finish (e.g.,
at the hearing will be limited to those SeAH Steel Corporation (SeAH) sold whether or not plain end, threaded, or
raised in the briefs. If a request for a certain oil country tubular goods threaded and coupled) whether or not
hearing is made, parties will be notified (OCTG) from the Republic of Korea conforming to American Petroleum
of the date and time for the hearing to (Korea) in the United States at prices Institute (API) or non-API
below normal value during the period of specifications, whether finished
be held at the U.S. Department of
review (POR) September 1, 2016, (including limited service OCTG
Commerce, 1401 Constitution Avenue
through August 31, 2017. Interested products) or unfinished (including
NW, Washington, DC 20230.14
parties are invited to comment on these green tubes and limited service OCTG
Commerce intends to issue the final preliminary results.
results of this administrative review, products), whether or not thread
DATES: Applicable: October 11, 2018. protectors are attached. The scope of the
including the results of our analysis of
the issues raised by the parties in their FOR FURTHER INFORMATION CONTACT: order also covers OCTG coupling stock.
comments, no later than 120 days after Mike Heaney or Erin Kearney, AD/CVD For the full text of the scope of the
the date of publication of this notice, Operations, Office VI, Enforcement and order, see the Preliminary Decision
Compliance, International Trade Memorandum.
pursuant to section 751(a)(3)(A) of the
Administration, U.S. Department of
Act and 19 CFR 351.213(h), unless this Methodology
Commerce, 1401 Constitution Avenue
deadline is extended. Commerce is conducting this
NW, Washington, DC 20230; telephone:
These preliminary results and notice (202) 482–4475 or (202) 482–0167, administrative review in accordance
are issued and published in accordance respectively. with section 751(a)(2) of the Tariff Act
with sections 751(a)(1) and 777(i)(1) of of 1930, as amended (the Act). Export
SUPPLEMENTARY INFORMATION:
the Act and 19 CFR 351.221(b)(4). price and constructed export price are
Background calculated in accordance with section
We published the initiation of this 772 of the Act. Normal value is
administrative review on November 13, calculated in accordance with section
773 of the Act. For a full description of
khammond on DSK30JT082PROD with NOTICES
2017.1 We selected NEXTEEL and SeAH
as the two mandatory respondents in the methodology underlying our
10 See 19 CFR 351.224(b). this review. For a detailed description of 2 See Memorandum, ‘‘Decision Memorandum for
11 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and the events that followed the initiation of the Preliminary Results of the 2016–2017
19 CFR 351.303 (for general filing requirements).
12 See 19 CFR 351.309(c)(2) and (d)(2).
Administrative Review of the Antidumping Duty
1 See Initiation of Antidumping and Order on Certain Oil Country Tubular Goods from
13 See 19 CFR 351.310(c).
Countervailing Duty Administrative Reviews, 82 FR the Republic of Korea,’’ dated October 3, 2018
14 See 19 CFR 351.310(d). 52268 (November 13, 2017). (Preliminary Decision Memorandum).
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Document Created: 2018-10-11 15:35:11
Document Modified: 2018-10-11 15:35:11
| 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 11, 2018. | |
| Contact | Aimee Phelan, 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. | |
| FR Citation | 83 FR 51440 |
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