Oil Country Tubular Goods From the Republic of Turkey: Amendment of Countervailing Duty Order, 46483-46485 [2017-21460]
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
ethrower on DSK3G9T082PROD with NOTICES
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the EAA
[Export Administration Act], the EAR,
or any order, license, or authorization
issued thereunder; any regulation,
license or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
U.S.C. 783(b)); or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15
CFR 766.25(a); see also Section 11(h) of
the EAA, 50 U.S.C. 4610(h). The denial
of export privileges under this provision
may be for a period of up to 10 years
from the date of the conviction. 15 CFR
766.25(d); see also 50 U.S.C. 4610(h). In
addition, Section 750.8 of the
Regulations states that the Bureau of
Industry and Security’s Office of
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations in
which the person had an interest at the
time of his/her conviction.
BIS has received notice of Stribling’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Stribling to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Stribling.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Stribling’s export
privileges under the Regulations for a
period of five (5) years from the date of
Stribling’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Stribling had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 6, 2021, John Francis Stribling,
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)).
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19:52 Oct 04, 2017
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with a last known address of Inmate
Number: 87652–083, FCI Loretto, P.O.
Box 1000, Loretto, PA 15940, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (‘‘the Denied
Person’’), may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
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46483
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Stribling by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Stribling may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Stribling and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 6, 2021.
Issued this 28th day of September 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–21471 Filed 10–4–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–817]
Oil Country Tubular Goods From the
Republic of Turkey: Amendment of
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 30, 2017, the United
States Court of Appeals for the Federal
Circuit (CAFC) affirmed the Department
of Commerce’s (the Department) remand
redetermination concerning the
countervailing duty (CVD) investigation
of oil country tubular goods (OCTG)
from the Republic of Turkey (Turkey).
This judgment was not appealed within
the 90-day deadline, and became final
and conclusive on August 28, 2017. The
Department previously notified the
public that the final judgment in this
case by the U.S. Court of International
AGENCY:
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46484
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
Trade (CIT) is not in harmony with the
Department’s final determination in the
CVD investigation of OCTG from
Turkey. Because the judgment in this
case is now final and conclusive, the
Department is amending its CVD order
on OCTG from Turkey covering the
period of investigation of January 1,
2012, through December 31, 2012, to
exclude Tosyali Dis Ticaret A.S,
Toscelik Profil ve Sac Endustrisi A.S.,
¸
Tosyali Elektrik Enerjisi Toptan Satis
Ith. Ihr. A.S., Tosyali Demir Celik San.
A.S., and Tosyali Holding A.S.
(collectively, Toscelik) from the order,
¸
and to revise the net countervailing
subsidy rate for Borusan Istikbal Ticaret,
Borusan Mannesmann Boru Sanayi,
Borusan Mannesmann Boru Yatirim
Holding A.S., and Borusan Holding A.S.
(collectively, Borusan) and the ‘‘all
others’’ rate.
DATES: Applicable March 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Aimee Phelan or Jennifer Shore, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–0697 or (202) 482–2778,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department
published its final affirmative CVD
determination and final affirmative
critical circumstances determination in
this proceeding.1 The Department
reached affirmative determinations for
mandatory respondents Borusan and
Toscelik. On September 2, 2014, the
¸
International Trade Commission
notified the Department of its
affirmative determination that an
industry in the U.S. was materially
injured by reason of OCTG that were
subsidized by the Government of
Turkey (GOT).2 On September 10, 2014,
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1 See Certain Oil Country Tubular Goods from the
Republic of Turkey: Final Affirmative
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
79 FR 41964 (July 18, 2014) (Final Determination).
2 See Letter from the ITC to the Department, dated
September 2, 2014; see also Certain Oil Country
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19:52 Oct 04, 2017
Jkt 244001
the Department published the CVD
orders on OCTG from India and the
Republic of Turkey.3 The petitioner,
Maverick Tube Corporation, and
Borusan, each appealed the Final
Determination to the CIT.4 In Borusan,
the CIT remanded for further
consideration the Department’s finding
of distortion in the Turkish hot-rolled
steel (HRS) market, the Department’s
selection of a HRS benchmark, and the
Department’s application of facts
available with adverse inferences with
respect to purchases of HRS by
respondent Borusan. In Maverick, the
CIT remanded issues pertaining to the
Department’s HRS benchmark
calculations as well and, in addition,
the Department’s benchmark valuation
for a parcel of land that the GOT granted
to Toscelik in 2008 for less than
¸
adequate remuneration.
On August 31, 2015, the Department
issued its Remand Redetermination in
accordance with the CIT’s Order.5 On
remand, the Department revised the net
countervailable subsidy rates for
Borusan, Toscelik, and the ‘‘all others’’
¸
rate. On February 22, 2016, the CIT
affirmed the Department’s Remand
Redetermination.6 In response to the
CIT’s February 22, 2016, decision, the
Department published a notice of court
decision not in harmony with the final
Tubular Goods from India, Korea, Philippines,
Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701–TA–499–500 and 731–TA–
1215–1217 and 1219–1223 (Final) USITC
Publication 4489, September 2014.
3 See Certain Oil Country Tubular Goods from
India and the Republic of Turkey: Countervailing
Duty Orders and Amended Affirmative Final
Countervailing Duty Determination for India, 79 FR
53688 (September 10, 2014) (Orders).
4 See Borusan Mannesmann Boru Sanayi Ve
Ticaret A.S. v. United States, 61 F. Supp. 3d 1306
(CIT 2015) (Borusan); and Maverick Tube
Corporation v. United States, Consol. Court No. 14–
00229, Slip Op. 15–59 (CIT 2015) (Maverick). On
June 22, 2015, the CIT granted a motion to
consolidate Court No. 14–00214 into Consolidated
Court No. 14–00229.
5 See Final Results of Remand Redetermination,
Borusan Mannesmann Boru Sanayi Ve Ticaret A.S.
and Borusan Istikbal Ticaret v. United States;
Maverick Tube Corporation v. United States,
Consol. Ct. No. 14–00229, 61 F. Supp. 3d 1306 and
Slip Op. 15–59, dated August 31, 2017 (Remand
Redetermination).
6 See Maverick Tube Corporation v. United States,
CIT Consol. Court No. 14–00229, Slip Op. 16–16
(February 22, 2016).
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Fmt 4703
Sfmt 4703
determination of the CVD investigation,
and amended its Final Determination
with respect to Borusan, Toscelik, and
¸
the ‘‘all others’’ rate.7 The revised net
countervailable subsidy rates for
Toscelik and Borusan are 0.95 percent
¸
and 2.39 percent, respectively. The
revised ‘‘all others’’ rate is 2.39 percent.
Because neither Toscelik nor Borusan
¸
had a superseding cash deposit rate
(e.g., from an administrative review), the
Department issued amended cash
deposit instructions to U.S. Customs
and Border Protection (CBP) on March
16, 2016.8
Borusan appealed, and Maverick
cross-appealed, the CIT’s decision to the
CAFC, which affirmed the Department’s
Remand Redetermination on May 30,
2017.9 Parties had 90 days, until August
28, 2017, to appeal the CAFC’s decision
by filing a petition for writ of certiorari
with the United States Supreme Court.
No party appealed.
Amendment of the Order on OCTG
From Turkey
The period to appeal the CAFC’s
decision has passed, and a final and
conclusive court decision has been
reached in this case. Therefore, the
Department is amending the CVD order
on OCTG from Turkey 10 to exclude
from the order subject merchandise
produced and exported by Toscelik 11
¸
because the revised net countervailable
subsidy rate is de minimis.
Net Countervailable Subsidy Rates
The net countervailable subsidy rates
are as follows:
7 See Oil Country Tubular Goods from Turkey:
Notice of Court Decision not in Harmony with the
Final Determination of the Countervailing Duty
Investigation, 81 FR 12691 (March 10, 2016)
(Timken Notice).
8 See Message No. 6076302, dated March 16, 2016
(Message No. 6076302).
9 See Maverick Tube Corporation v. United States,
857 F.3d 1353 (Fed. Cir. 2017).
10 See Orders.
11 The Department determined that Tosyali Dis
Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S.,
¸
Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S.,
Tosyali Demir Celik San. A.S., and Tosyali Holding
A.S. are cross-owned. See Final Determination and
accompanying Issues and Decision Memorandum,
at 6–8.
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
46485
Net subsidy
rate
(percent)
Producer/exporter
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
Holding A.S 12 ..................................................................................................................................................................................
Tosyali Dis Ticaret A.S, Toscelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
¸
Celik San. A.S., and Tosyali Holding A.S ........................................................................................................................................
All Others .............................................................................................................................................................................................
2.39
* 0.95
2.39
* De minimis.
Continuation of Suspension of
Liquidation, in Part
published in accordance with sections
516A(e) and 706(a) of the Act.
In accordance with section
705(c)(1)(B) of the Tariff Act of 1930, as
amended (the Act), the Department has
instructed CBP to continue to suspend
liquidation on all relevant entries of
OCTG from Turkey.13 These
instructions suspending liquidation will
remain in effect until further notice.
However, because the revised
countervailable subsidy rate for Toscelik
¸
is de minimis, the Department is
directing CBP to liquidate all entries
produced and exported by Toscelik
¸
currently suspended without regard to
countervailing duties, and to
discontinue the suspension of
liquidation of entries of subject
merchandise where Toscelik acted as
¸
both the producer and exporter. Entries
of subject merchandise exported to the
United States by any other producer and
exporter combination involving
Toscelik are not entitled to this
¸
exclusion from suspension of
liquidation and are subject to the cash
deposit rate for the ‘‘all others’’ entity.
Because the net countervailable
subsidy rate determined for Toscelik is
¸
de minimis, consistent with the
requirement under section 705(c)(5)(A)
of the Act that the calculation of the ‘‘all
others’’ rate excludes zero or de minimis
rates calculated for the companies
individually investigated, the
Department revised the ‘‘all others’’
rate.14 Therefore, for purposes of the
amended CVD order with respect OCTG
from Turkey, the ‘‘all others’’ cash
deposit rate is amended to Borusan’s
revised calculated subsidy rate of 2.39
percent.
Dated: September 27, 2017.
Carole Showers,
Executive Director, Office of Policy
performing the duties of the Deputy Assistant
Secretary for Enforcement and Compliance.
Notification to Interested Parties
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This notice constitutes the amended
CVD order with respect OCTG from
Turkey. This notice is issued and
12 The Department determined that Borusan
Istikbal Ticaret, Borusan Mannesmann Boru Sanayi,
Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S. are cross owned. Id. at
4–6.
13 Id., 79 FR at 53690; see also Message No.
4260305, dated September 17, 2014, and Message
No. 6076302, dated March 16, 2016.
14 See Timken Notice, 81 FR, at 12692.
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19:52 Oct 04, 2017
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[FR Doc. 2017–21460 Filed 10–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–502, A–549–502, and A–489–501]
Certain Welded Carbon Steel Pipes
and Tubes From India, Thailand, and
Turkey: Final Results of the Expedited
Fourth Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(the Department) finds that revocation
of the antidumping duty (AD) orders on
certain welded carbon steel pipes and
tubes (pipes and tubes) from India,
Thailand, and Turkey would likely lead
to a continuation or recurrence of
dumping. Further, the magnitude of the
margins of dumping that are likely to
prevail are identified in the ‘‘Final
Results of Review’’ section of this
notice.
DATES: Applicable October 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, 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) 482–1757 and (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In 1986, the Department published
the AD orders on pipes and tubes from
India, Thailand, and Turkey.1 On June
1 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
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Frm 00010
Fmt 4703
Sfmt 4703
2, 2017, the Department published the
notice of initiation of the fourth sunset
review of the AD orders on pipes and
tubes pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2
For each of these sunset reviews the
Department received notice of intent to
participate on behalf of Bull Moose
Tube, TMK IPSCO Tubulars, Zekelman
Industries, and EXLTUBE (collectively,
the domestic interested parties) within
the 15-day period specified in 19 CFR
351.218(d)(1)(i). The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act as producers in the United
States of the domestic like product.
On June 30, 2017, the Department
received complete substantive responses
to the Initiation from the domestic
interested parties within the 30-day
period, as specified in 19 CFR
351.218(d)(3)(i).3 We received no
substantive responses from respondent
interested parties. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department is conducting expedited
(120-day) sunset reviews of the AD
orders on pipe and tube from India,
Thailand, and Turkey.
Scope of the Orders
See the Appendix to this notice.
Analysis of Comments Received
All issues raised in these sunset
reviews, including the likelihood of
51 FR 17384 (May 12, 1986); Antidumping Duty
Order; Circular Welded Carbon Steel Pipes and
Tubes from Thailand, 51 FR 8341 (March 11, 1986);
and Antidumping Duty Order; Welded Carbon Steel
Standard Pipe and Tube Products from Turkey, 51
FR 17784 (May 15, 1986).
2 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
82 FR 25599 (June 2, 2017) (Initiation).
3 See Letters from domestic interested parties
regarding, ‘‘Fourth Five-Year (‘‘Sunset’’) Review Of
Antidumping Duty Order On Welded Carbon Steel
Pipe And Tube from India: Domestic Industry’s
Substantive Response,’’ dated June 30, 2017;
‘‘Fourth Five-Year (‘‘Sunset’’) Review Of
Antidumping Duty Order On Certain Circular
Welded Carbon Steel Pipes and Tubes from
Thailand: Domestic Industry’s Substantive
Response,’’ dated June 30, 2017; and Fourth FiveYear (‘‘Sunset’’) Review Of Antidumping Duty
Order On Certain Circular Welded Carbon Steel
Pipes and Tubes from Turkey: Domestic Industry’s
Substantive Response,’’ dated June 30, 2017.
E:\FR\FM\05OCN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46483-46485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21460]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-817]
Oil Country Tubular Goods From the Republic of Turkey: Amendment
of Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 30, 2017, the United States Court of Appeals for the
Federal Circuit (CAFC) affirmed the Department of Commerce's (the
Department) remand redetermination concerning the countervailing duty
(CVD) investigation of oil country tubular goods (OCTG) from the
Republic of Turkey (Turkey). This judgment was not appealed within the
90-day deadline, and became final and conclusive on August 28, 2017.
The Department previously notified the public that the final judgment
in this case by the U.S. Court of International
[[Page 46484]]
Trade (CIT) is not in harmony with the Department's final determination
in the CVD investigation of OCTG from Turkey. Because the judgment in
this case is now final and conclusive, the Department is amending its
CVD order on OCTG from Turkey covering the period of investigation of
January 1, 2012, through December 31, 2012, to exclude Tosyali Dis
Ticaret A.S, Tos[ccedil]elik Profil ve Sac Endustrisi A.S., Tosyali
Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San.
A.S., and Tosyali Holding A.S. (collectively, Tos[ccedil]elik) from the
order, and to revise the net countervailing subsidy rate for Borusan
Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann
Boru Yatirim Holding A.S., and Borusan Holding A.S. (collectively,
Borusan) and the ``all others'' rate.
DATES: Applicable March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Jennifer Shore, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-0697 or (202) 482-2778,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department published its final affirmative
CVD determination and final affirmative critical circumstances
determination in this proceeding.\1\ The Department reached affirmative
determinations for mandatory respondents Borusan and Tos[ccedil]elik.
On September 2, 2014, the International Trade Commission notified the
Department of its affirmative determination that an industry in the
U.S. was materially injured by reason of OCTG that were subsidized by
the Government of Turkey (GOT).\2\ On September 10, 2014, the
Department published the CVD orders on OCTG from India and the Republic
of Turkey.\3\ The petitioner, Maverick Tube Corporation, and Borusan,
each appealed the Final Determination to the CIT.\4\ In Borusan, the
CIT remanded for further consideration the Department's finding of
distortion in the Turkish hot-rolled steel (HRS) market, the
Department's selection of a HRS benchmark, and the Department's
application of facts available with adverse inferences with respect to
purchases of HRS by respondent Borusan. In Maverick, the CIT remanded
issues pertaining to the Department's HRS benchmark calculations as
well and, in addition, the Department's benchmark valuation for a
parcel of land that the GOT granted to Tos[ccedil]elik in 2008 for less
than adequate remuneration.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, 79 FR 41964
(July 18, 2014) (Final Determination).
\2\ See Letter from the ITC to the Department, dated September
2, 2014; see also Certain Oil Country Tubular Goods from India,
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final) USITC Publication 4489, September 2014.
\3\ See Certain Oil Country Tubular Goods from India and the
Republic of Turkey: Countervailing Duty Orders and Amended
Affirmative Final Countervailing Duty Determination for India, 79 FR
53688 (September 10, 2014) (Orders).
\4\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. United
States, 61 F. Supp. 3d 1306 (CIT 2015) (Borusan); and Maverick Tube
Corporation v. United States, Consol. Court No. 14-00229, Slip Op.
15-59 (CIT 2015) (Maverick). On June 22, 2015, the CIT granted a
motion to consolidate Court No. 14-00214 into Consolidated Court No.
14-00229.
---------------------------------------------------------------------------
On August 31, 2015, the Department issued its Remand
Redetermination in accordance with the CIT's Order.\5\ On remand, the
Department revised the net countervailable subsidy rates for Borusan,
Tos[ccedil]elik, and the ``all others'' rate. On February 22, 2016, the
CIT affirmed the Department's Remand Redetermination.\6\ In response to
the CIT's February 22, 2016, decision, the Department published a
notice of court decision not in harmony with the final determination of
the CVD investigation, and amended its Final Determination with respect
to Borusan, Tos[ccedil]elik, and the ``all others'' rate.\7\ The
revised net countervailable subsidy rates for Tos[ccedil]elik and
Borusan are 0.95 percent and 2.39 percent, respectively. The revised
``all others'' rate is 2.39 percent. Because neither Tos[ccedil]elik
nor Borusan had a superseding cash deposit rate (e.g., from an
administrative review), the Department issued amended cash deposit
instructions to U.S. Customs and Border Protection (CBP) on March 16,
2016.\8\
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\5\ See Final Results of Remand Redetermination, Borusan
Mannesmann Boru Sanayi Ve Ticaret A.S. and Borusan Istikbal Ticaret
v. United States; Maverick Tube Corporation v. United States,
Consol. Ct. No. 14-00229, 61 F. Supp. 3d 1306 and Slip Op. 15-59,
dated August 31, 2017 (Remand Redetermination).
\6\ See Maverick Tube Corporation v. United States, CIT Consol.
Court No. 14-00229, Slip Op. 16-16 (February 22, 2016).
\7\ See Oil Country Tubular Goods from Turkey: Notice of Court
Decision not in Harmony with the Final Determination of the
Countervailing Duty Investigation, 81 FR 12691 (March 10, 2016)
(Timken Notice).
\8\ See Message No. 6076302, dated March 16, 2016 (Message No.
6076302).
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Borusan appealed, and Maverick cross-appealed, the CIT's decision
to the CAFC, which affirmed the Department's Remand Redetermination on
May 30, 2017.\9\ Parties had 90 days, until August 28, 2017, to appeal
the CAFC's decision by filing a petition for writ of certiorari with
the United States Supreme Court. No party appealed.
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\9\ See Maverick Tube Corporation v. United States, 857 F.3d
1353 (Fed. Cir. 2017).
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Amendment of the Order on OCTG From Turkey
The period to appeal the CAFC's decision has passed, and a final
and conclusive court decision has been reached in this case. Therefore,
the Department is amending the CVD order on OCTG from Turkey \10\ to
exclude from the order subject merchandise produced and exported by
Tos[ccedil]elik \11\ because the revised net countervailable subsidy
rate is de minimis.
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\10\ See Orders.
\11\ The Department determined that Tosyali Dis Ticaret A.S,
Tos[ccedil]elik Profil ve Sac Endustrisi A.S., Tosyali Elektrik
Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S.,
and Tosyali Holding A.S. are cross-owned. See Final Determination
and accompanying Issues and Decision Memorandum, at 6-8.
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Net Countervailable Subsidy Rates
The net countervailable subsidy rates are as follows:
[[Page 46485]]
------------------------------------------------------------------------
Net subsidy
Producer/exporter rate (percent)
------------------------------------------------------------------------
Borusan Istikbal Ticaret, Borusan Mannesmann Boru 2.39
Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S \12\...........................
Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac * 0.95
Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis
Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and
Tosyali Holding A.S....................................
All Others.............................................. 2.39
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* De minimis.
Continuation of Suspension of Liquidation, in Part
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\12\ The Department determined that Borusan Istikbal Ticaret,
Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim
Holding A.S., and Borusan Holding A.S. are cross owned. Id. at 4-6.
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In accordance with section 705(c)(1)(B) of the Tariff Act of 1930,
as amended (the Act), the Department has instructed CBP to continue to
suspend liquidation on all relevant entries of OCTG from Turkey.\13\
These instructions suspending liquidation will remain in effect until
further notice. However, because the revised countervailable subsidy
rate for Tos[ccedil]elik is de minimis, the Department is directing CBP
to liquidate all entries produced and exported by Tos[ccedil]elik
currently suspended without regard to countervailing duties, and to
discontinue the suspension of liquidation of entries of subject
merchandise where Tos[ccedil]elik acted as both the producer and
exporter. Entries of subject merchandise exported to the United States
by any other producer and exporter combination involving
Tos[ccedil]elik are not entitled to this exclusion from suspension of
liquidation and are subject to the cash deposit rate for the ``all
others'' entity.
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\13\ Id., 79 FR at 53690; see also Message No. 4260305, dated
September 17, 2014, and Message No. 6076302, dated March 16, 2016.
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Because the net countervailable subsidy rate determined for
Tos[ccedil]elik is de minimis, consistent with the requirement under
section 705(c)(5)(A) of the Act that the calculation of the ``all
others'' rate excludes zero or de minimis rates calculated for the
companies individually investigated, the Department revised the ``all
others'' rate.\14\ Therefore, for purposes of the amended CVD order
with respect OCTG from Turkey, the ``all others'' cash deposit rate is
amended to Borusan's revised calculated subsidy rate of 2.39 percent.
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\14\ See Timken Notice, 81 FR, at 12692.
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Notification to Interested Parties
This notice constitutes the amended CVD order with respect OCTG
from Turkey. This notice is issued and published in accordance with
sections 516A(e) and 706(a) of the Act.
Dated: September 27, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21460 Filed 10-4-17; 8:45 am]
BILLING CODE 3510-DS-P
