Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Expedited Fourth Sunset Review of Countervailing Duty Order, 46768-46769 [2017-21587]

Download as PDF 46768 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices Company Borusan Mannesmann Boru Sanayi ve Ticaret A.S., and Borusan Istikbal Ticaret 11 ........................... Subsidy rate ad valorem (percent) *0.48 * De Minimis. asabaliauskas on DSKBBXCHB2PROD with NOTICES Assessment Rates Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, the Department will 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. As a result of Toscelik’s exclusion from the CVD order on OCTG from Turkey, the Department will instruct CBP to terminate the suspension of liquidation of entries of subject merchandise where Toscelik acted as both the producer and exporter during the period January 1, 2015, through December 31, 2015, and to liquidate, without regard to countervailing duties, all entries of OCTG produced and exported by Toscelik currently suspended. 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. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice in the Federal Register. Cash Deposit Requirements In accordance with section 751(a)(2)(C) of the Act, the Department intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Borusan, should the final results of this administrative review remain the same as these preliminary results; if the rate is zero or de minimis, then zero cash deposit will be required. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company specific or allothers rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose to parties in this review the calculations performed in reaching the preliminary results within VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 five days of publication of these preliminary results.12 Interested parties may submit written comments (case briefs) on the preliminary results no later than 30 days from the date of publication of this Federal Register notice, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.13 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.14 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.15 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues addressed at the hearing will be limited to those raised in the briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.16 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, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h), unless this deadline is extended. These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: October 2, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background 12 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.310(c). 16 See 19 CFR 351.310(d). 13 See PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 III. Scope of the Order IV. Rescission of the 2015 Administrative Review, in Part V. Subsidies Valuation Information VI. Analysis of Programs VII. Recommendation [FR Doc. 2017–21585 Filed 10–5–17; 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: Final Results of Expedited Fourth Sunset Review of Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 1, 2017, the Department of Commerce (the Department) initiated a sunset review of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes (steel pipes and tubes) from Turkey pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the CVD order is likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective October 6, 2017. FOR FURTHER INFORMATION CONTACT: 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) 482–8362. AGENCY: SUPPLEMENTAL INFORMATION Background The CVD order on steel pipes and tubes from Turkey was published in the Federal Register on March 7, 1986.1 On June 2, 2017, the Department initiated the fourth sunset review of this CVD order pursuant to section 751(c) of the Act.2 On June 15, 2017, we received a notice of intent to participate on behalf of the following domestic interested 1 See Countervailing Duty Order: Certain Welded Carbon Steel Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986). 2 See Initiation of Five-Year Sunset Reviews, 82 FR 25599 (June 2, 2017); see also Initiation of FiveYear (Sunset) Review; Correction, 82 FR 27690 (June 16, 2017). E:\FR\FM\06OCN1.SGM 06OCN1 46769 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES parties: Bull Moose, Exltube, TMK IPSCO, and Zekelman Industries (hereinafter referred to as the domestic interested parties).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers, producers, or wholesalers in the United States of a domestic like product.4 On June 30, 2017, the domestic interested parties submitted their substantive response.5 On July 3, 2017, the Government of Turkey (GOT) submitted its substantive response in which it expressed its intent to participate in this review as the government of the country in which subject merchandise is produced and exported.6 On July 10, 2017, the domestic interested parties submitted rebuttal comments to the GOT Substantive Response.7 The Department did not receive any substantive responses from Turkish producers or exporters of the merchandise covered by this order. A government’s response alone, normally, is not sufficient for the Department to conduct a full sunset review, unless the investigation was conducted on an aggregate basis.8 Because this investigation was conducted on a company-specific, rather than an aggregate, basis,9 we determined that no company respondent interested party submitted a substantive response, and 3 See Letter from Domestic Interested Party, ‘‘Fourth Five-Year (‘‘Sunset’’) Review of Countervailing Duty Order on Circular Welded Carbon Steel Pipes and Tubes from Turkey: Domestic Industry Notice of Intent to Participate in Sunset Review,’’ dated June 15, 2017. 4 Id. 5 See Letter from Domestic Interested Parties, ‘‘Fourth Five Year (‘‘Sunset’’) Review of Countervailing Duty Order on Certain Circular Welded Carbon Steel Pipes and Tubes from Turkey: Domestic Industry’s Substantive Response,’’ (Domestic Interested Parties Substantive Response), dated June 30, 2017. 6 See Letter from GOT, ‘‘Response of the Government of Turkey in the Countervailing Duty 4th Sunset Review Involving Certain Welded Carbon Steel Pipe and Tube from Turkey,’’ (GOT Substantive Response), dated July 3, 2017. 7 See letter from the Domestic Interested Parties, ‘‘Five-Year (‘‘Sunset’’) Review of Countervailing Duty Order on Certain Circulate Welded Carbon Steel Pipes and Tubes from Turkey: Domestic Industry’s Rebuttal to the Government of Turkey’s Substantive Response,’’ dated July 10, 2017 (Domestic Parties Rebuttal Submission). 8 See, e.g., Certain Pasta from Turkey: Final Results of Expedited Five-Year (‘‘Sunset’’) Review of the Countervailing Duty Order, 72 FR 5269 (February 5, 2007), and Certain Carbon Steel Products from Sweden: Final Results of Expedited Sunset Review of Countervailing Duty Order, 65 FR 18304 (April 7, 2000). 9 See Final Affirmative Countervailing Duty Determinations; Certain Welded Carbon Steel Pipe and Tube Products From Turkey, 51 FR 1268 (January 10, 1986). VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 thus, conducted an expedited (120-day) sunset review of this order.10 Producer/exporter Scope of the Order The products covered by the order are certain welded carbon steel pipes and tubes with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipes and tubes) 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. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum, which is dated concurrently with and adopted by this notice.11 The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. As a result of this review, the Department determines that revocation of the CVD order would likely lead to continuation or recurrence of a countervailable subsidy at the rates listed below: 10 See section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 11 See Memorandum regarding: ‘‘Issues and Decision Memorandum for the Final Results of Expedited Fourth Sunset Review of the Countervailing Duty Order on Circular Welded Carbon Steel Pipes and Tubes from Turkey,’’ dated concurrently with this notice. Frm 00017 Fmt 4703 Sfmt 4703 Bant Boru Sanayi ve Ticaret A.S. (Bant Boru) ......................... Borusan Group12 .......... Erbosan13 ..................... Yucel Boru Group14 ...... All Others ...................... 3.63 1.41 3.63 1.57 3.63 Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a sanctionable violation. We are issuing and publishing the final results of this review in accordance with sections 751(c), 752, and 777(i) of the Act. Dated: October 2, 2017. Gary Taverman, Deputy Assistant Secretary, for Antidumping and Countervailing Duty Operations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–21587 Filed 10–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF629 Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Final Results of Review PO 00000 Net countervailable subsidy rate (percent) 12 The Borusan Group includes the following entities: Borusan Group, Borusan Holding, A.S., Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret, A.S., and Borusan Lojistik Dagitim Pepolama Tasimacilik ve Tic A.S. 13 Erbosan includes Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB). 14 The Yucel Boru Group includes Yucel Boru ye Profil Endustrisi A.S, Yucelboru lhracat Ithalat ye Pazarlama A.S, and Cayirova Born Sanayi ye Ticaret A.S. E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46768-46769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final 
Results of Expedited Fourth Sunset Review of Countervailing Duty Order

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

SUMMARY: On June 1, 2017, the Department of Commerce (the Department) 
initiated a sunset review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubes (steel pipes and tubes) 
from Turkey pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). The Department has conducted an expedited sunset 
review of this order pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the 
Department finds that revocation of the CVD order is likely to lead to 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Effective October 6, 2017.

FOR FURTHER INFORMATION CONTACT: 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) 482-8362.

SUPPLEMENTAL INFORMATION 

Background

    The CVD order on steel pipes and tubes from Turkey was published in 
the Federal Register on March 7, 1986.\1\ On June 2, 2017, the 
Department initiated the fourth sunset review of this CVD order 
pursuant to section 751(c) of the Act.\2\ On June 15, 2017, we received 
a notice of intent to participate on behalf of the following domestic 
interested

[[Page 46769]]

parties: Bull Moose, Exltube, TMK IPSCO, and Zekelman Industries 
(hereinafter referred to as the domestic interested parties).\3\ The 
domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act, as manufacturers, producers, or 
wholesalers in the United States of a domestic like product.\4\ On June 
30, 2017, the domestic interested parties submitted their substantive 
response.\5\ On July 3, 2017, the Government of Turkey (GOT) submitted 
its substantive response in which it expressed its intent to 
participate in this review as the government of the country in which 
subject merchandise is produced and exported.\6\ On July 10, 2017, the 
domestic interested parties submitted rebuttal comments to the GOT 
Substantive Response.\7\
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Order: Certain Welded Carbon Steel 
Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986).
    \2\ See Initiation of Five-Year Sunset Reviews, 82 FR 25599 
(June 2, 2017); see also Initiation of Five-Year (Sunset) Review; 
Correction, 82 FR 27690 (June 16, 2017).
    \3\ See Letter from Domestic Interested Party, ``Fourth Five-
Year (``Sunset'') Review of Countervailing Duty Order on Circular 
Welded Carbon Steel Pipes and Tubes from Turkey: Domestic Industry 
Notice of Intent to Participate in Sunset Review,'' dated June 15, 
2017.
    \4\ Id.
    \5\ See Letter from Domestic Interested Parties, ``Fourth Five 
Year (``Sunset'') Review of Countervailing Duty Order on Certain 
Circular Welded Carbon Steel Pipes and Tubes from Turkey: Domestic 
Industry's Substantive Response,'' (Domestic Interested Parties 
Substantive Response), dated June 30, 2017.
    \6\ See Letter from GOT, ``Response of the Government of Turkey 
in the Countervailing Duty 4th Sunset Review Involving Certain 
Welded Carbon Steel Pipe and Tube from Turkey,'' (GOT Substantive 
Response), dated July 3, 2017.
    \7\ See letter from the Domestic Interested Parties, ``Five-Year 
(``Sunset'') Review of Countervailing Duty Order on Certain 
Circulate Welded Carbon Steel Pipes and Tubes from Turkey: Domestic 
Industry's Rebuttal to the Government of Turkey's Substantive 
Response,'' dated July 10, 2017 (Domestic Parties Rebuttal 
Submission).
---------------------------------------------------------------------------

    The Department did not receive any substantive responses from 
Turkish producers or exporters of the merchandise covered by this 
order. A government's response alone, normally, is not sufficient for 
the Department to conduct a full sunset review, unless the 
investigation was conducted on an aggregate basis.\8\ Because this 
investigation was conducted on a company-specific, rather than an 
aggregate, basis,\9\ we determined that no company respondent 
interested party submitted a substantive response, and thus, conducted 
an expedited (120-day) sunset review of this order.\10\
---------------------------------------------------------------------------

    \8\ See, e.g., Certain Pasta from Turkey: Final Results of 
Expedited Five-Year (``Sunset'') Review of the Countervailing Duty 
Order, 72 FR 5269 (February 5, 2007), and Certain Carbon Steel 
Products from Sweden: Final Results of Expedited Sunset Review of 
Countervailing Duty Order, 65 FR 18304 (April 7, 2000).
    \9\ See Final Affirmative Countervailing Duty Determinations; 
Certain Welded Carbon Steel Pipe and Tube Products From Turkey, 51 
FR 1268 (January 10, 1986).
    \10\ See section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
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Scope of the Order

    The products covered by the order are certain welded carbon steel 
pipes and tubes with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipes and tubes) 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.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with and adopted by 
this notice.\11\ The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the Order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \11\ See Memorandum regarding: ``Issues and Decision Memorandum 
for the Final Results of Expedited Fourth Sunset Review of the 
Countervailing Duty Order on Circular Welded Carbon Steel Pipes and 
Tubes from Turkey,'' dated concurrently with this notice.
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Final Results of Review

    As a result of this review, the Department determines that 
revocation of the CVD order would likely lead to continuation or 
recurrence of a countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
                  Producer/exporter                      subsidy rate
                                                           (percent)
------------------------------------------------------------------------
Bant Boru Sanayi ve Ticaret A.S. (Bant Boru)........                3.63
Borusan Group\12\...................................                1.41
Erbosan\13\.........................................                3.63
Yucel Boru Group\14\................................                1.57
All Others..........................................                3.63
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a sanctionable 
violation.
---------------------------------------------------------------------------

    \12\ The Borusan Group includes the following entities: Borusan 
Group, Borusan Holding, A.S., Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., Borusan Istikbal Ticaret, A.S., and Borusan Lojistik 
Dagitim Pepolama Tasimacilik ve Tic A.S.
    \13\ Erbosan includes Erbosan Erciyas Boru Sanayi ve Ticaret 
A.S. (Erbosan AS) and Erbosan Erciyas Pipe Industry and Trade Co. 
Kayseri Free Zone Branch (Erbosan FZB).
    \14\ The Yucel Boru Group includes Yucel Boru ye Profil 
Endustrisi A.S, Yucelboru lhracat Ithalat ye Pazarlama A.S, and 
Cayirova Born Sanayi ye Ticaret A.S.
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    We are issuing and publishing the final results of this review in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21587 Filed 10-5-17; 8:45 am]
 BILLING CODE 3510-DS-P