83 FR 64107 - Certain Oil Country Tubular Goods From Turkey: Final Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 239 (December 13, 2018)

The Department of Commerce (Commerce) finds that oil country tubular goods (OCTG) from Turkey have been sold at less than normal value during the period of review (POR) September 1, 2016, through August 31, 2017.

[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64107-64109]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26973]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-816]


Certain Oil Country Tubular Goods From Turkey: Final Results of 
Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) finds that oil country 
tubular goods (OCTG) from Turkey have been sold at less than normal 
value during the period of review (POR) September 1, 2016, through 
August 31, 2017.

DATES: Applicable December 13, 2018.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.

SUPPLEMENTARY INFORMATION: 

Background

    On June 11, 2018, Commerce published the Preliminary Results of the 
administrative review.\1\ We invited

[[Page 64108]]

interested parties to comment on the Preliminary Results and received 
case and rebuttal briefs from interested parties.\2\ On August 23, 
2018, Commerce held a public hearing. After reviewing comments 
submitted by interested parties, Commerce determined to conduct a 
formal inquiry into the bona fides nature of the U.S. sale reported by 
the mandatory respondent, [Ccedil]ayirova Boru Sanayi ve Ticaret 
A.[Scedil]. and Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama 
A.[Scedil]. (collectively, Y[uuml]cel) in this review.\3\ On September 
24, 2018, Commerce extended the deadline for the final results by 59 
days to December 7, 2018.\4\ On October 30, 2018, Commerce reached a 
determination that Y[uuml]cel's U.S. sale subject to this review is a 
bona fide transaction and invited interested parties to comment on this 
determination.\5\ On November 5, 2018, U.S. Steel submitted a case 
brief, and on November 7, 2018, Y[uuml]cel submitted its rebuttal 
brief.\6\
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    \1\ See Certain Oil Country Tubular Goods from Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 26957 (June 11, 2018) (Preliminary Results) and 
Memorandum, ``Certain Oil Country Tubular Goods from Turkey: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2016-2017,'' dated June 5, 2018 (Preliminary 
Decision Memorandum).
    \2\ See case brief from the petitioner, United States Steel 
Corporation, ``Re: Oil Country Tubular Goods from Turkey: U.S. 
Steel's Case Brief,'' dated July 11, 2018, and a rebuttal brief from 
a mandatory respondent, [Ccedil]ayirova Boru Sanayi ve Ticaret 
A.[Scedil]. and Y[uuml]cel Boru [Idot]thalat-[Idot]hracat ve 
Pazarlama A.[Scedil], ``Re: OCTG from Turkey; Y[uuml]cel rebuttal 
brief,'' dated July 16, 2018.
    \3\ We previously determined these companies to constitute a 
single entity (hereinafter, Y[uuml]cel). See Certain Oil Country 
Tubular Goods from the Republic of Turkey: Final Determination of 
Sales at Less Than Fair Value and Affirmative Final Determination of 
Critical Circumstances in Part, 79 FR 41971, 41973 (July 18, 2014).
    \4\ See Memorandum, ``Certain Oil Country Tubular Goods from 
Turkey: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated September 24, 2018.
    \5\ See Commerce's memorandum, ``2016-2017 Antidumping Duty 
Administrative Review of Oil Country Tubular Goods from Turkey: Bona 
Fides Analysis of the U.S. Sale Made by [Ccedil]ayirova Boru Sanayi 
ve Ticaret A.[Scedil]. and Y[uuml]cel Boru [Idot]thalat-[Idot]hracat 
ve Pazarlama A.[Scedil].,'' dated October 30, 2018.
    \6\ See Letter from the petitioner, ``Re: Oil Country Tubular 
Goods from Turkey: U.S. Steel's Case Brief Concerning Commerce's 
Bona Fides Analysis,'' dated November 5, 2018 and Letter from 
Y[uuml]cel, ``Re: OCTG from Turkey; Y[uuml]cel rebuttal brief 
regarding bona fides of U.S. sale,'' dated November 7, 2018.
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    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise covered by the order is certain OCTG. The 
merchandise subject to the order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The merchandise subject to the order may also enter under the 
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90, 
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description is dispositive. A full 
description of the scope of the order is contained in the Issues and 
Decision Memorandum.\7\
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    \7\ See Memorandum, ``Certain Oil Country Tubular Goods from 
Turkey: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review,'' dated concurrently with, 
and hereby adopted by this notice (Issues and Decision Memorandum).
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Finding of No Shipments

    The record evidence in this review indicates that Tos[ccedil]elik 
Profil ve Sac End[uuml]strisi A.[Scedil]. and Tosyali Dis Ticaret A.S. 
(collectively, Tos[ccedil]elik) \8\ had no exports, sales, or entries 
of subject merchandise to the United States during the POR. 
Accordingly, we determine that Tos[ccedil]elik had no shipments during 
the POR. For additional information on our preliminary finding of no 
shipments, see the Preliminary Decision Memorandum. Accordingly, 
consistent with Commerce's practice, we will issue appropriate 
instructions to U.S. Customs and Border Protection (CBP) based on our 
final results.
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    \8\ We previously determined these companies to constitute a 
single entity. See Certain Oil Country Tubular Goods from Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 42285 (September 7, 2017) (unchanged in Certain Oil 
Country Tubular Goods from Turkey: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 83 FR 1240 (January 10, 2018)).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues raised is attached as an Appendix to this notice. The 
Issues and Decision Memorandum is a public document and is made 
available to the public via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Enforcement and Compliance website at http://enforcement.trade.gov/frn/. A list of the topics discussed in the 
Issues and Decision Memorandum is attached as an Appendix to this 
notice.

Changes Since the Preliminary Results

    We did not make any changes for these final results.

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period September 1, 2016, through August 31, 2017.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
[Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and              1.59
 Y[uuml]cel Boru [Idot]thalat-[Idot]hracat ve Pazarlama
 A.[Scedil].................................................
[Ccedil]ayirova Boru San A.[Scedil].........................        1.59
HG Tubulars Canada Ltd......................................        1.59
Y[uuml]celboru [Idot]hracat, Ithalat........................        1.59
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the

[[Page 64109]]

final results of this review. For Y[uuml]cel, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\9\
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    \9\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Y[uuml]cel for which it did not know that the merchandise was destined 
for the United States, we will instruct CBP to liquidate un-reviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For Tos[ccedil]elik, which we 
determined had no shipments of subject merchandise in this review 
period, we will instruct CBP to liquidate any applicable entries of 
subject merchandise at the all-others rate.\10\
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    \10\ See, e.g., Certain Circular Welded Carbon Quality Steel 
Pipes and Tubes from Taiwan: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2016-
2017, 83 FR 52204 (October 16, 2018); Certain Crystalline Silicon 
Photovoltaic Products From Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 30401, 30402 (June 28, 
2018).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of the administrative review 
for all shipments of OCTG from Turkey entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for companies subject to this review will be the rates established in 
the final results of the review; (2) for merchandise exported by 
producers or exporters not covered in this administrative review but 
covered in a prior completed segment of the proceeding, including those 
for which Commerce has determined had no shipments during the POR, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this administrative review, a prior review, or the original 
investigation, but the producer has been covered in a prior complete 
segment of this proceeding, the cash deposit rate will be the rate 
established for the most recent period for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 35.86 percent,\11\ the all-others rate 
established in the less-than-fair-value investigation, adjusted for the 
export-subsidy rate established in the companion countervailing duty 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691, 53693 (September 10, 2014).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding 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 violation subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 7, 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. Discussion of the Issues
    Whether the U.S. Sale is Bona Fide
    Whether the Dumping Margin was Manipulated
V. Recommendation

[FR Doc. 2018-26973 Filed 12-12-18; 8:45 am]
 BILLING CODE 3510-DS-P