83 FR 6511 - Oil Country Tubular Goods From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6511-6513 | |
| FR Document | 2018-02898 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6511-6513] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02898] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-817] Oil Country Tubular Goods From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has completed its administrative review of the countervailing duty (CVD) order on oil country tubular goods (OCTG) from the Republic of Turkey (Turkey). The period of review (POR) is January 1, 2015, through December 31, 2015. We have determined that Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), the only mandatory respondent, received countervailable subsidies at de minimis levels during the POR. DATES: Applicable February 14, 2018. FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Aimee Phelan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of [[Page 6512]] Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2778 or (202) 482-0697, respectively. SUPPLEMENTARY INFORMATION: Background On October 6, 2017, Commerce published the Preliminary Results of this CVD administrative review in the Federal Register.\1\ For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.\2\ Commerce has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this review is now February 6, 2018.\3\ --------------------------------------------------------------------------- \1\ See Oil Country Tubular Goods from the Republic of Turkey: Preliminary Results of Countervailing Duty Review and Rescission of Countervailing Duty Administrative Review, in Part, 82 FR 46767 (October 6, 2017) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of Countervailing Duty Administrative Review of Oil Country Tubular Goods from the Republic of Turkey; 2015,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- 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 Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum at 2-3. --------------------------------------------------------------------------- Analysis of Comments Received The only issue raised by interested parties, ``Whether to Include Exchange Rate Income or Loss in the Sales Denominator,'' is addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and CVD Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov; the Issues and Decision Memorandum 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 on the internet http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology We 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 during the POR, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\5\ For a full description of the methodology underlying our 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 the Review In accordance with 19 CFR 351.221(b)(5), we determine the following net countervailable subsidy rate for Borusan, for the period January 1, 2015, through December 31, 2015: ------------------------------------------------------------------------ Subsidy rate (percent ad Company valorem) ------------------------------------------------------------------------ Borusan Mannesmann Boru Sanayi ve Ticaret 0.48 percent (de minimis). A.S.\6\. ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \6\ As discussed in the Issues and Decision Memorandum, Commerce has found the following company to be cross-owned with Borusan: Borusan Istikbal Ticaret. --------------------------------------------------------------------------- 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.\7\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of these final results of review, to liquidate shipments of subject merchandise produced by Borusan entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, without regard to countervailing duties. Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits at a rate of zero percent, because the rate calculated for Borusan in these final results is de minimis. 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, as appropriate. 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 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). 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. We are issuing and publishing these final results of review in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: February 6, 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 I--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Comments Raised by the Parties IV. Scope of the Order V. Subsidies Valuation Information VI. Benchmark Interest Rates VII. Analysis of Programs VIII. Analysis of Comment [[Page 6513]] IX. Recommendation [FR Doc. 2018-02898 Filed 2-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6511
part, that ‘‘[t]he Director of the Office of Person’’), may not, directly or indirectly, servicing means installation,
Exporter Services, in consultation with participate in any way in any maintenance, repair, modification or
the Director of the Office of Export transaction involving any commodity, testing.
Enforcement, may deny the export software or technology (hereinafter Third, after notice and opportunity for
privileges of any person who has been collectively referred to as ‘‘item’’) comment as provided in Section 766.23
convicted of a violation of the EAA exported or to be exported from the of the Regulations, any other person,
[Export Administration Act], the EAR, United States that is subject to the firm, corporation, or business
or any order, license, or authorization Regulations, including, but not limited organization related to Jangraw by
issued thereunder; any regulation, to: ownership, control, position of
license or order issued under the A. Applying for, obtaining, or using responsibility, affiliation, or other
International Emergency Economic any license, license exception, or export connection in the conduct of trade or
Powers Act (50 U.S.C. 1701–1706); 18 control document; business may also be made subject to
U.S.C. 793, 794 or 798; section 4(b) of B. Carrying on negotiations the provisions of this Order in order to
the Internal Security Act of 1950 (50 concerning, or ordering, buying, prevent evasion of this Order.
U.S.C. 783(b)); or section 38 of the Arms receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
Export Control Act (22 U.S.C. 2778).’’ 15 storing, disposing of, forwarding, the Regulations, Jangraw may file an
CFR 766.25(a); see also Section 11(h) of transporting, financing, or otherwise appeal of this Order with the Under
the the Export Administration Act servicing in any way, any transaction Secretary of Commerce for Industry and
(‘‘EAA’’ or ‘‘the Act’’), 50 U.S.C. involving any item exported or to be Security. The appeal must be filed
4610(h). The denial of export privileges exported from the United States that is within 45 days from the date of this
under this provision may be for a period subject to the Regulations, or engaging Order and must comply with the
of up to 10 years from the date of the in any other activity subject to the provisions of Part 756 of the
conviction. 15 CFR. 766.25(d); see also Regulations; or Regulations.
50 U.S.C. 4610(h). In addition, Section C. Benefitting in any way from any Fifth, a copy of this Order shall be
750.8 of the Regulations states that the transaction involving any item exported delivered to Jangraw and shall be
Bureau of Industry and Security’s Office or to be exported from the United States published in the Federal Register.
of Exporter Services may revoke any that is subject to the Regulations, or Sixth, this Order is effective
Bureau of Industry and Security (‘‘BIS’’) from any other activity subject to the immediately and shall remain in effect
licenses previously issued pursuant to Regulations. until November 21, 2019.
the Act or the Regulations in which the Second, no person may, directly or
Issued this 7th day of February 2018.
person had an interest at the time of his/ indirectly, do any of the following:
A. Export or reexport to or on behalf Karen H. Nies-Vogel,
her conviction.
BIS has received notice of Jangraw’s of the Denied Person any item subject to Director, Office of Exporter Services.
conviction for violating Section 38 of the Regulations; [FR Doc. 2018–03071 Filed 2–13–18; 8:45 am]
the AECA, and has provided notice and B. Take any action that facilitates the BILLING CODE P
an opportunity for Jangraw to make a acquisition or attempted acquisition by
written submission to BIS, as provided the Denied Person of the ownership,
in Section 766.25 of the Regulations. possession, or control of any item DEPARTMENT OF COMMERCE
BIS has not received a submission from subject to the Regulations that has been
Jangraw. or will be exported from the United International Trade Administration
Based upon my review and States, including financing or other [C–489–817]
consultations with BIS’s Office of support activities related to a
Export Enforcement, including its transaction whereby the Denied Person Oil Country Tubular Goods From the
Director, and the facts available to BIS, acquires or attempts to acquire such Republic of Turkey: Final Results of
I have decided to deny Jangraw’s export ownership, possession or control; Countervailing Duty Administrative
privileges under the Regulations for a C. Take any action to acquire from or Review
period of five years from the date of to facilitate the acquisition or attempted
acquisition from the Denied Person of AGENCY: Enforcement and Compliance,
Jangraw’s conviction. I have also
any item subject to the Regulations that International Trade Administration,
decided to revoke all licenses issued
pursuant to the Act or Regulations in has been exported from the United Department of Commerce.
SUMMARY: The Department of Commerce
which Jangraw had an interest at the States;
D. Obtain from the Denied Person in (Commerce) has completed its
time of his conviction.
Accordingly, it is hereby ordered: the United States any item subject to the administrative review of the
First, from the date of this Order until Regulations with knowledge or reason countervailing duty (CVD) order on oil
November 21, 2019, Justin Gage to know that the item will be, or is country tubular goods (OCTG) from the
Jangraw, with a last known address of intended to be, exported from the Republic of Turkey (Turkey). The period
P.O. Box 601, Key West, FL 33041, and United States; or of review (POR) is January 1, 2015,
when acting for or on his behalf, his E. Engage in any transaction to service through December 31, 2015. We have
successors, assigns, employees, agents any item subject to the Regulations that determined that Borusan Mannesmann
or representatives (‘‘the Denied has been or will be exported from the Boru Sanayi ve Ticaret A.S. (Borusan),
United States and which is owned, the only mandatory respondent,
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since possessed or controlled by the Denied received countervailable subsidies at de
daltland on DSKBBV9HB2PROD with NOTICES
August 21, 2001, the Act has been in lapse and the Person, or service any item, of whatever minimis levels during the POR.
President, through Executive Order 13222 of August
origin, that is owned, possessed or DATES: Applicable February 14, 2018.
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential controlled by the Denied Person if such FOR FURTHER INFORMATION CONTACT:
Notices, the most recent being that of August 15, service involves the use of any item Jennifer Shore or Aimee Phelan, AD/
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
subject to the Regulations that has been CVD Operations, Office I, Enforcement
Emergency Economic Powers Act (50 U.S.C. 1701, or will be exported from the United and Compliance, International Trade
et seq. (2012)). States. For purposes of this paragraph, Administration, U.S. Department of
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IX. Recommendation Background and is on file electronically via
[FR Doc. 2018–02898 Filed 2–13–18; 8:45 am] On August 7, 2017, Commerce Enforcement and Compliance’s
BILLING CODE 3510–DS–P published the Preliminary Results.1 For Antidumping and Countervailing Duty
events occurring subsequent to the Centralized Electronic Service System
Preliminary Results, see the Issues and (ACCESS). ACCESS is available to
DEPARTMENT OF COMMERCE Decision Memorandum.2 Commerce registered users at http://
conducted this administrative review in access.trade.gov, and is available to all
International Trade Administration accordance with section 751 of the parties in the Central Records Unit,
Tariff Act of 1930, as amended (the Act). Room B8024 of the main Department of
[A–570–985] Commerce exercised its discretion to Commerce building. In addition, a
toll all deadlines affected by the closure complete version of the Issues and
Xanthan Gum From the People’s of the Federal Government from January Decision Memorandum can be accessed
Republic of China: Final Results of the 20 through 22, 2018. If the new deadline directly on the internet at http://
Antidumping Duty Administrative falls on a non-business day, in enforcement.trade.gov/frn/. The paper
Review and Final Determination of No accordance with Commerce’s practice, copy and electronic copy of the Issues
Shipments; 2015–2016 the deadline will become the next and Decision Memorandum are
business day. The revised deadline for identical in content.
AGENCY: Enforcement and Compliance, the final results of this review is now Changes Since the Preliminary Results
International Trade Administration, February 6, 2018.3
Based on a review of the record and
Department of Commerce. Scope of the Order 4 comments received from interested
SUMMARY: The Department of Commerce The product covered by the order parties regarding our Preliminary
(Commerce) determines that Deosen includes dry xanthan gum, whether or Results, and for the reasons explained in
Biochemical Ltd./Deosen Biochemical not coated or blended with other the Issues and Decision Memorandum,
(Ordos) Ltd. (collectively, Deosen) made products. Xanthan gum is included in we made one change to our preliminary
sales of xanthan gum from the People’s this order regardless of physical form, calculation of the weighed-average
Republic of China (China) at prices including, but not limited to, solutions, dumping margin for the mandatory
below normal value (NV) and that slurries, dry powders of any particle respondent, Fufeng.5
Neimenggu Fufeng Biotechnologies Co., size, or unground fiber.
Merchandise covered by the scope of Final Determination of No Shipments
Ltd./Shandong Fufeng Fermentation
Co., Ltd./Xinjiang Fufeng the order is classified in the In the Preliminary Results, Commerce
Biotechnologies Co., Ltd. (collectively, Harmonized Tariff Schedule of the determined that AHA had no shipments
Fufeng) did not. We continue to find United States at subheading 3913.90.20. of subject merchandise during the POR.6
This tariff classification is provided for As we have not received any
that the four companies which were not
convenience and customs purposes; information to contradict our
selected for individual examination
however, the written description of the preliminary finding, we determine that
have demonstrated their eligibility for scope is dispositive. AHA had no shipments of subject
separate rates in the final results. These
Analysis of Comments Received merchandise during the POR, and we
four companies are CP Kelco
intend to issue appropriate instructions
(Shandong) Biological Company All issues raised in the case and to U.S. Customs and Border Protection
Limited (CP Kelco Shandong, Jianlong rebuttal briefs filed by interested parties (CBP) that are consistent with our
Biotechnology Co., Ltd. (a.k.a. Inner are addressed in the Issues and Decision ‘‘automatic assessment’’ clarification for
Mongolia Jianlong Biochemical Co., Memorandum, which is hereby adopted these final results of review.7 8
Ltd.) (Jianlong), Meihua Group by this notice. A list of the issues that
International Trading (Hong Kong) parties raised, and to which we Methodology
Limited/Xinjiang Meihua Amino Acid responded in the Issues and Decision In the Preliminary Results, Commerce
Co., Ltd./Langfang Meihua Bio- Memorandum, follows as an appendix determined that two mandatory
Technology Co., Ltd. (collectively, to this notice. The Issues and Decision respondents, Deosen and Fufeng, and
Meihua), and Shanghai Smart Memorandum is a public document, four other companies 9 not selected for
Chemicals Co., Ltd. (Shanghai Smart). 1 See Xanthan Gum from the People’s Republic of
individual review demonstrated their
We also continue to find that A.H.A. China: Preliminary Results of the Antidumping
eligibility for separate rates. We
International Co., Ltd. (AHA) made no Duty Administrative Review and Preliminary continue to find that these six
shipments of subject merchandise Determination of No Shipments; 2015–2016, 82 FR companies, listed in the table in the
36746 (August 7, 2017) (Preliminary Results), and ‘‘Final Results’’ section of this notice,
during the period of review (POR), i.e., accompanying Preliminary Decision Memorandum.
July 1, 2015, through June 30, 2016. 2 See Memorandum, ‘‘Xanthan Gum from the
are eligible for separate rate status. We
People’s Republic of China: Issues and Decision
DATES: Applicable February 14, 2018. Memorandum for the Final Results of the Third
5 See Issues and Decision Memorandum at
Antidumping Duty Administrative Review,’’ dated Comment 6.
FOR FURTHER INFORMATION CONTACT: 6 See Preliminary Results, 82 FR at 36746.
concurrently with this notice (Issues and Decision
Brian Smith or Michael Bowen, AD/ Memorandum). 7 See Non-Market Economy Antidumping
CVD Operations, Office VIII, 3 See Memorandum for The Record from Proceedings: Assessment of Antidumping Duties, 76
Enforcement and Compliance, Christian Marsh, Deputy Assistant Secretary for FR 65694, 65694–95 (October 24, 2011)
daltland on DSKBBV9HB2PROD with NOTICES
Enforcement and Compliance, performing the non- (Assessment Notice); see also ‘‘Assessment Rates’’
International Trade Administration, exclusive functions and duties of the Assistant section of this notice.
U.S. Department of Commerce, 1401 Secretary for Enforcement and Compliance, 8 For any shipment made by Deosen during the
Constitution Avenue NW, Washington, ‘‘Deadlines Affected by the Shutdown of the POR, which involved AHA, we intend to liquidate
Federal Government’’ (Tolling Memorandum) dated those entries at Deosen’s importer-specific
DC 20230; telephone: (202) 482–1766 January 23, 2018. All deadlines in this segment of assessment rate. See Issues and Decision
and (202) 482–0768, respectively. the proceeding have been extended by 3 days. Memorandum for further discussion.
4 A full description of the scope of the order is 9 These four companies are: CP Kelco Shandong,
SUPPLEMENTARY INFORMATION: contained in the Issues and Decision Memorandum. Jianlong, Meihua, and Shanghai Smart.
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6542/page/3.svg)
Document Created: 2018-02-14 03:59:33
Document Modified: 2018-02-14 03:59:33
| 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 February 14, 2018. | |
| Contact | Jennifer Shore or 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) 482-2778 or (202) 482-0697, respectively. | |
| FR Citation | 83 FR 6511 |
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