Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 47349-47351 [2016-17315]

Download as PDF Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices warehouse, for consumption on or after March 1, 2016, the date of publication of the preliminary determination of this investigation in the Federal Register. Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of HWR pipes and tubes from Korea no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. asabaliauskas on DSK3SPTVN1PROD with NOTICES Notification Regarding Administrative Protective Orders (APO) This notice serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a sanctionable violation. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Scope of the Investigation The products covered by this investigation are certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 Jkt 238001 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Discussion of the Issues 1. U.S. Date of Sale 2. Weight Basis for Comparison Methodology 3. Costs for Non-Prime Merchandise 4. Differential Pricing Rulemaking 5. Differential Pricing Patterns and a Meaningful Difference 6. Verification Corrections 7. DOSCO’s Constructed Export (CEP) Offset Claim 8. Raw Material Costs for DOSCO VI. Recommendation [FR Doc. 2016–17313 Filed 7–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [C–489–825] Appendix I 17:15 Jul 20, 2016 Appendix II International Trade Administration Dated: July 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. VerDate Sep<11>2014 mm. The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 47349 The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. The period of investigation (POI) is January 1, 2014, through December 31, 2014. DATES: Effective July 21, 2016. FOR FURTHER INFORMATION CONTACT: Brian Smith or Aqmar Rahman, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1766 or (202) 482– 0768, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Department published the Preliminary Determination on December 28, 2015.1 A summary of the events that occurred since the Department issued the Preliminary Determination may be found in the Issues and Decision Memorandum which is hereby incorporated.2 Additionally, this memorandum details the changes we made since the Preliminary Determination to the subsidy rates calculated for the mandatory respondents and all other producer/ exporters. 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 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 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Investigation and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 80749 (December 28, 2015) (Preliminary Determination). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Countervailing Duty Investigation of Heavy Walled Rectangular Carbon Steel Pipes and Tubes from the Republic of Turkey: Issues and Decision Memorandum for the Final Determination,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\21JYN1.SGM 21JYN1 47350 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices Issues and Decision Memorandum can be accessed directly at http://trade.gov/ enforcement. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination is July 14, 2016.3 Scope of the Investigation The merchandise covered by this investigation is HWR pipes and tubes from Turkey. For a complete description of the scope of this investigation, see Appendix I. The Department did not receive comments regarding the scope of this investigation. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. asabaliauskas on DSK3SPTVN1PROD with NOTICES Use of Facts Available, Including Adverse Inferences In making this final determination, we relied, in part, on facts available and, because MMZ Onur Boru Profil uretim San Ve Tic. A.S. (MMZ) and Ozdemir Boru Profil San ve Tic. Ltd Sti. (Ozdemir) did not act to the best of their ability to respond to the Department’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available with respect to those respondents.4 For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated 3 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas’’ (January 27, 2016). 4 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 rates for MMZ and Ozdemir, the two individually investigated exporters/ producers of the subject merchandise that participated in this investigation. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ‘‘allothers’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as respondents by those companies’ exports of the subject merchandise to the United States. The ‘‘all-others’’ rate does not include zero and de minimis rates or any rates based solely on the facts available.5 We intend to disclose to parties the calculations performed in this proceeding within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b). We determine the countervailable subsidy rates to be: Subsidy rate (percent) Exporter/Producer MMZ Onur Boru Profil uretim San Ve Tic. A.S ................ Ozdemir Boru Profil San ve Tic. Ltd Sti ......................... All Others .............................. 23.37 15.08 19.06 Suspension of Liquidation As a result of our affirmative Preliminary Determination, and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of merchandise under consideration from Turkey that were entered or withdrawn from warehouse, for consumption, on or after December 28, 2015, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after April 26, 2016, but to continue the suspension of liquidation of all entries from December 28, 2015 through April 25, 2016. We will issue a CVD order and reinstate the suspension of liquidation in accordance with our final determination and under section 706(a) of the Act if the United States International Trade Commission (ITC) 5 See Memorandum to the File, ‘‘Calculation of the ‘All-Others’ Rate in the Final Determination of the Countervailing Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey’’ (July 14, 2016). We calculated a weighted average of the rates of MMZ and Ozdemir using publicly-ranged data so as not to disclose the respondents’ business proprietary information. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 issues a final affirmative injury determination, and we will instruct CBP to require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited as a result of the suspension of liquidation will be refunded. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information This notice serves as the only reminder to parties subject to an 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 violation subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: July 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm. The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices (3) none of the elements below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background A. Case History B. Period of Investigation III. Scope of the Investigation IV. Use of Facts Otherwise Available and Adverse Inferences A. Application of Adverse Facts (AFA): MMZ and Ozdemir B. Selection of AFA Rates C. Corroboration of Secondary Information Used to Derive AFA Rates V. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators D. Benchmark Interest Rates VI. Analysis of Programs A. Programs Determined to be Countervailable 1. Provision of HRS for LTAR 2. Provision of Land for LTAR 3. Deduction from Taxable Income for Export Revenue 4. Export Financing 5. Investment Encouragement Program (IEP) Customs Duty and VAT Exemptions 6. Law 6486: Social Security Premium Incentive B. Programs Determined to be Not Used VII. Analysis of Comments Comment 1: Provision of HRS for LTAR A. Whether Erdemir and Isdemir Are ‘‘Authorities’’ B. Whether the HRS for LTAR Program is De Facto Specific C. Whether the Department’s HRS Purchase Price Comparison is Distortive Comment 2: Provision of Land for LTAR Program Comment 3: Ministerial Errors Comment 4: Treatment of Income from Services in Ozdemir’s Total Sales Denominator VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 VIII. Conclusion [FR Doc. 2016–17315 Filed 7–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on magnesium metal from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order. DATES: Effective Date July 21, 2016. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6386. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 1, 2016, the Department published the notice of initiation of the second five-year (‘‘sunset’’) review of the AD Order 1 on magnesium metal from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 As a result of its review, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping.3 The Department, therefore, notified the ITC of the magnitude of the margins likely to prevail should the AD order be revoked. On July 7, 2016, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD order on magnesium metal from the PRC would likely lead to a continuation or recurrence of material injury to an 1 See Notice of Antidumping Duty Order: Magnesium Metal From the People’s Republic of China, 70 FR 19928 (April 15, 2005) (‘‘Order’’). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82 FR 5418 (February 2, 2016) (‘‘Initiation Notice’’). 3 See Magnesium Metal From the People’s Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 81 FR 36874 (June 8, 2016). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 47351 industry in the United States within a reasonably foreseeable time.4 Scope of the Order The merchandise covered by the order is magnesium metal from the PRC, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-backed scrap into magnesium metal. The magnesium covered by this investigation includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes, magnesium ground, chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 5 and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ‘‘alloy’’ magnesium). The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’; 6 (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain 4 See Alloy Magnesium From China; Determination, 81 FR 44328 (July 7, 2016). 5 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. 6 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47349-47351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17315]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Final Affirmative Countervailing Duty 
Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of heavy walled rectangular welded carbon steel pipes and tubes (HWR 
pipes and tubes) from the Republic of Turkey (Turkey) as provided in 
section 705 of the Tariff Act of 1930, as amended (the Act). For 
information on the estimated subsidy rates, see the ``Final 
Determination'' section of this notice. The period of investigation 
(POI) is January 1, 2014, through December 31, 2014.

DATES: Effective July 21, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Aqmar Rahman, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1766 
or (202) 482-0768, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on December 
28, 2015.\1\ A summary of the events that occurred since the Department 
issued the Preliminary Determination may be found in the Issues and 
Decision Memorandum which is hereby incorporated.\2\ Additionally, this 
memorandum details the changes we made since the Preliminary 
Determination to the subsidy rates calculated for the mandatory 
respondents and all other producer/exporters. 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 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

[[Page 47350]]

Issues and Decision Memorandum can be accessed directly at http://trade.gov/enforcement. The signed Issues and Decision Memorandum and 
the electronic version of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes From the Republic of Turkey: Preliminary Affirmative 
Countervailing Duty Investigation and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 80749 
(December 28, 2015) (Preliminary Determination).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of Heavy Walled Rectangular 
Carbon Steel Pipes and Tubes from the Republic of Turkey: Issues and 
Decision Memorandum for the Final Determination,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the closure of 
the Federal Government. All deadlines in this segment of the proceeding 
have been extended by four business days. The revised deadline for the 
final determination is July 14, 2016.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas'' 
(January 27, 2016).
---------------------------------------------------------------------------

Scope of the Investigation

    The merchandise covered by this investigation is HWR pipes and 
tubes from Turkey. For a complete description of the scope of this 
investigation, see Appendix I.
    The Department did not receive comments regarding the scope of this 
investigation.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Use of Facts Available, Including Adverse Inferences

    In making this final determination, we relied, in part, on facts 
available and, because MMZ Onur Boru Profil uretim San Ve Tic. A.S. 
(MMZ) and Ozdemir Boru Profil San ve Tic. Ltd Sti. (Ozdemir) did not 
act to the best of their ability to respond to the Department's 
requests for information, we drew an adverse inference where 
appropriate in selecting from among the facts otherwise available with 
respect to those respondents.\4\ For further information, see the 
section ``Use of Facts Otherwise Available and Adverse Inferences'' in 
the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated rates for MMZ and Ozdemir, the two individually investigated 
exporters/producers of the subject merchandise that participated in 
this investigation. In accordance with sections 703(d) and 705(c)(5)(A) 
of the Act, for companies not investigated, we apply an ``all-others'' 
rate, which is normally calculated by weighting the subsidy rates of 
the individual companies selected as respondents by those companies' 
exports of the subject merchandise to the United States. The ``all-
others'' rate does not include zero and de minimis rates or any rates 
based solely on the facts available.\5\ We intend to disclose to 
parties the calculations performed in this proceeding within five days 
of the public announcement of this final determination in accordance 
with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \5\ See Memorandum to the File, ``Calculation of the `All-
Others' Rate in the Final Determination of the Countervailing Duty 
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from the Republic of Turkey'' (July 14, 2016). We 
calculated a weighted average of the rates of MMZ and Ozdemir using 
publicly-ranged data so as not to disclose the respondents' business 
proprietary information.
---------------------------------------------------------------------------

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/Producer                        (percent)
------------------------------------------------------------------------
MMZ Onur Boru Profil uretim San Ve Tic. A.S.............           23.37
Ozdemir Boru Profil San ve Tic. Ltd Sti.................           15.08
All Others..............................................           19.06
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our affirmative Preliminary Determination, and 
pursuant to section 703(d) of the Act, we instructed U.S. Customs and 
Border Protection (CBP) to suspend liquidation of entries of 
merchandise under consideration from Turkey that were entered or 
withdrawn from warehouse, for consumption, on or after December 28, 
2015, the date of publication of the Preliminary Determination in the 
Federal Register.
    In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after April 26, 2016, but to continue the suspension 
of liquidation of all entries from December 28, 2015 through April 25, 
2016.
    We will issue a CVD order and reinstate the suspension of 
liquidation in accordance with our final determination and under 
section 706(a) of the Act if the United States International Trade 
Commission (ITC) issues a final affirmative injury determination, and 
we will instruct CBP to require a cash deposit of estimated 
countervailing duties for such entries of merchandise in the amounts 
indicated above. If the ITC determines that material injury, or threat 
of material injury, does not exist, this proceeding will be terminated 
and all estimated duties deposited as a result of the suspension of 
liquidation will be refunded.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Return or Destruction of Proprietary Information

    This notice serves as the only reminder to parties subject to an 
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 violation subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain heavy 
walled rectangular welded steel pipes and tubes of rectangular 
(including square) cross section, having a nominal wall thickness of 
not less than 4 mm. The merchandise includes, but is not limited to, 
the American Society for Testing and Materials (ASTM) A-500, grade B 
specifications, or comparable domestic or foreign specifications.
    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and

[[Page 47351]]

(3) none of the elements below exceeds the quantity, by weight, 
respectively indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 
7306.61.3000. While the HTSUS subheadings and ASTM specification are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
    A. Case History
    B. Period of Investigation
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
    A. Application of Adverse Facts (AFA): MMZ and Ozdemir
    B. Selection of AFA Rates
    C. Corroboration of Secondary Information Used to Derive AFA 
Rates
V. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
    D. Benchmark Interest Rates
VI. Analysis of Programs
    A. Programs Determined to be Countervailable
    1. Provision of HRS for LTAR
    2. Provision of Land for LTAR
    3. Deduction from Taxable Income for Export Revenue
    4. Export Financing
    5. Investment Encouragement Program (IEP) Customs Duty and VAT 
Exemptions
    6. Law 6486: Social Security Premium Incentive
    B. Programs Determined to be Not Used
VII. Analysis of Comments
    Comment 1: Provision of HRS for LTAR
    A. Whether Erdemir and Isdemir Are ``Authorities''
    B. Whether the HRS for LTAR Program is De Facto Specific
    C. Whether the Department's HRS Purchase Price Comparison is 
Distortive
    Comment 2: Provision of Land for LTAR Program
    Comment 3: Ministerial Errors
    Comment 4: Treatment of Income from Services in Ozdemir's Total 
Sales Denominator
VIII. Conclusion

[FR Doc. 2016-17315 Filed 7-20-16; 8:45 am]
BILLING CODE 3510-DS-P