Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2015, 16994-16995 [2017-06999]

Download as PDF 16994 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Huayang Chemical, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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 and 19 CFR 351.213. Dated: March 31, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. nlaroche on DSK30NT082PROD with NOTICES Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Bona Fides Inquiry B. Non-Market Economy (NME) Country Status C. Separate Rates Determination 1. Absence of De Jure Control 2. Absence of De Facto Control D. The PRC-Wide Entity E. Surrogate Country 1. Same Level of Economic Development 2. Producers of Identical or Comparable Merchandise 3. Data Considerations V. Fair Value Comparisons A. Determination of Comparison Method B. Date of Sale C. U.S. Price 1. Export Price 2. Value-Added Tax D. Normal Value E. Factor Valuations F. Market Economy (ME) Prices G. Surrogate Values VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 VI. Currency Conversion VII. Recommendation [FR Doc. 2017–06994 Filed 4–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of Countervailing Duty Administrative Review; Calendar Year 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes (pipe and tube) from Turkey for the period of review (POR) of January 1, 2015, through December 31, 2015. Interested parties are invited to comment on these preliminary results. DATES: Effective April 7, 2017. FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jolanta Lawska, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–1503 and 202–482–8362, respectively. AGENCY: Background On May 2, 2016, the Department published a notice of initiation of an administrative review of the countervailing duty order on pipe and tube from Turkey.1 On October 21, 2016, the Department extended the deadline for the preliminary results to March 31, 2017.2 Scope of the Order The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 26203 (May 2, 2016). 2 See Memorandum to Christian Marsh, ‘‘Circular Welded Carbon Steel Pipes and Tubes from Turkey: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated October 21, 2016. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 any wall thickness (pipe and tube) from Turkey. These products are currently provided for under the Harmonized Tariff Schedule of the United States (HTSUS) as item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Methodology The Department is conducting 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 countervailable, we preliminarily determine that there is a subsidy, i.e., a government financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.3 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.4 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 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 Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum re identical in content. Preliminary Results of Review The Department determines that the following preliminary net subsidy rates exist for the period January 1, 2015, through December 31, 2015: 3 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. 4 See the accompanying Decision Memorandum for Preliminary Results of Countervailing Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes and Tubes Products from Turkey (Preliminary Decision Memorandum) from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated concurrently with these results and hereby adopted by this notice. E:\FR\FM\07APN1.SGM 07APN1 16995 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices Net subsidy rates (percent) Company Borusan Group, Borusan Holding, A.S. (Borusan Holding), Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, the Borusan Companies) 5. Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) .............................................................................................................. Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven) ........................................................................ Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Tosyali Dis Ticaret AS. (TDT), and Tosyali Holding (Tosyali) (collectively, the Toscelik Companies) 6. Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran) ........................................................................ Yucel Boru ye Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and Cayirova Boru Sanayi ye Ticaret A.S.) (collectively, the Yucel Companies). For the companies for which a review was requested that were not selected as mandatory company respondents, and which we are not finding to be crossowned with the mandatory company respondents—i.e., Erbosan, Guven, Umran, and the Yucel Companies—we are preliminarily basing the subsidy rate on the subsidy rate calculated for the Toscelik Companies. Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for each producer/exporter subject to this administrative review. Upon issuance of the final results, the Department shall 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. Cash Deposit Rates Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated for each of the companies listed above 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 of estimated countervailing duties 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. nlaroche on DSK30NT082PROD with NOTICES 5 For the Borusan Companies, we initiated on the following: Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Gemlik Boru Tesisleri A.S., Borusan Ihicat ve Dagitim A.S, Borusan Ihracat Ithalat ve Dagitim A.S., Borusan Istikbal Ticatet T.A.S., Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Tubeco Pipe and Steel Corporation. 6 For the Toscelik Companies, we initiated on the following: Toscelik Metal Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S. VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 Disclosure and Public Comment The Department will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.7 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.8 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.9 All briefs must be filed electronically using ACCESS. Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance using Enforcement and Compliance’s ACCESS system.10 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.11 Issues addressed at the hearing will be limited to those raised in the briefs.12 Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department 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, within 120 7 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 9 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 10 See 19 CFR 351.310(c). 11 See 19 CFR 351.310. 12 See 19 CFR 351.310(c). 8 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 0.37ad valorem (de minimis). 8.63 ad valorem. 8.63 ad valorem. 8.63 ad valorem. 8.63 ad valorem. 8.63 ad valorem. days after issuance of these preliminary results. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: March 31, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information A. Allocation Period B. Attribution of Subsidies C. Benchmark Interest Rates V. Non-Selected Rate VI. Analysis of Programs Preliminarily Determined To Be Countervailable A. Deduction From Taxable Income for Export Revenue B. Short-Term Pre-Shipment Rediscount Program C. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate Remuneration (LTAR) D. Inward Processing Certificate Exemption E. Law 6486: Social Security Premium Incentive F. Law 5084: Allocation of Free Land and Purchase of Land for LTAR G. Export Financing: Export-Oriented Working Capital Program VII. Program Found To Confer Countervailable Benefit That Is Less Than 0.005 Percent Ad Valorem VIII. Programs Preliminarily Determined To Not Be Used IX. Recommendation [FR Doc. 2017–06999 Filed 4–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF272 Marine Mammals; File No. 20466 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 16994-16995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06999]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: 
Preliminary Results of Countervailing Duty Administrative Review; 
Calendar Year 2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubes (pipe and tube) from 
Turkey for the period of review (POR) of January 1, 2015, through 
December 31, 2015. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective April 7, 2017.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jolanta Lawska, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-1503 and 202-482-
8362, respectively.

Background

    On May 2, 2016, the Department published a notice of initiation of 
an administrative review of the countervailing duty order on pipe and 
tube from Turkey.\1\ On October 21, 2016, the Department extended the 
deadline for the preliminary results to March 31, 2017.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 26203 (May 2, 2016).
    \2\ See Memorandum to Christian Marsh, ``Circular Welded Carbon 
Steel Pipes and Tubes from Turkey: Extension of Deadline for 
Preliminary Results of Countervailing Duty Administrative Review,'' 
dated October 21, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) as item numbers 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Methodology

    The Department is conducting 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 countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\3\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.\4\ 
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 
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 Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum re identical in content.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ See the accompanying Decision Memorandum for Preliminary 
Results of Countervailing Duty (CVD) Administrative Review: Circular 
Welded Carbon Steel Pipes and Tubes Products from Turkey 
(Preliminary Decision Memorandum) from Gary Taverman, Associate 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, dated concurrently with these results 
and hereby adopted by this notice.
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department determines that the following preliminary net 
subsidy rates exist for the period January 1, 2015, through December 
31, 2015:

[[Page 16995]]



------------------------------------------------------------------------
                 Company                    Net subsidy rates (percent)
------------------------------------------------------------------------
Borusan Group, Borusan Holding, A.S.      0.37ad valorem (de minimis).
 (Borusan Holding), Borusan Mannesmann
 Boru Sanayi ve Ticaret A.S. (Borusan),
 Borusan Istikbal Ticaret T.A.S.
 (Istikbal), (collectively, the Borusan
 Companies) \5\.
Erbosan Erciyas Boru Sanayi ve Ticaret    8.63 ad valorem.
 A.S. (Erbosan).
Guven Steel Pipe (also known as Guven     8.63 ad valorem.
 Celik Born San. Ve Tic. Ltd.) (Guven).
Toscelik Profil ve Sac Endustrisi A.S.    8.63 ad valorem.
 (Toscelik Profil), Tosyali Dis Ticaret
 AS. (TDT), and Tosyali Holding
 (Tosyali) (collectively, the Toscelik
 Companies) \6\.
Umran Celik Born Sanayii A.S. (also       8.63 ad valorem.
 known as Umran Steel Pipe Inc.) (Umran).
Yucel Boru ye Profil Endustrisi A.S,      8.63 ad valorem.
 Yucelboru Ihracat Ithalat ye Pazarlama
 A.S, and Cayirova Boru Sanayi ye
 Ticaret A.S.) (collectively, the Yucel
 Companies).
------------------------------------------------------------------------

    For the companies for which a review was requested that were not 
selected as mandatory company respondents, and which we are not finding 
to be cross-owned with the mandatory company respondents--i.e., 
Erbosan, Guven, Umran, and the Yucel Companies--we are preliminarily 
basing the subsidy rate on the subsidy rate calculated for the Toscelik 
Companies.
---------------------------------------------------------------------------

    \5\ For the Borusan Companies, we initiated on the following: 
Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Gemlik Boru 
Tesisleri A.S., Borusan Ihicat ve Dagitim A.S, Borusan Ihracat 
Ithalat ve Dagitim A.S., Borusan Istikbal Ticatet T.A.S., Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S., Tubeco Pipe and Steel 
Corporation.
    \6\ For the Toscelik Companies, we initiated on the following: 
Toscelik Metal Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., 
Tosyali Dis Ticaret A.S.
---------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy 
rate for each producer/exporter subject to this administrative review. 
Upon issuance of the final results, the Department shall 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.

Cash Deposit Rates

    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts indicated for each of the 
companies listed above 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 of estimated countervailing duties 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.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\7\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\8\ 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.\9\ All briefs must be filed electronically using ACCESS.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\10\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date for the hearing which will be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\11\ Issues addressed at 
the hearing will be limited to those raised in the briefs.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department 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, within 120 days after 
issuance of these preliminary results.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: March 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmark Interest Rates
V. Non-Selected Rate
VI. Analysis of Programs Preliminarily Determined To Be 
Countervailable
    A. Deduction From Taxable Income for Export Revenue
    B. Short-Term Pre-Shipment Rediscount Program
    C. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate 
Remuneration (LTAR)
    D. Inward Processing Certificate Exemption
    E. Law 6486: Social Security Premium Incentive
    F. Law 5084: Allocation of Free Land and Purchase of Land for 
LTAR
    G. Export Financing: Export-Oriented Working Capital Program
VII. Program Found To Confer Countervailable Benefit That Is Less 
Than 0.005 Percent Ad Valorem
VIII. Programs Preliminarily Determined To Not Be Used
IX. Recommendation

[FR Doc. 2017-06999 Filed 4-6-17; 8:45 am]
 BILLING CODE 3510-DS-P