Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2015, 47479-47481 [2017-22069]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
to the non-individually examined
respondents is 7.22 percent.10
Disclosure
The Department intends to disclose
the calculations performed for these
final results of review within five days
of the date of publication of this notice
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine and
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries.11 The Department
calculated importer-specific ad valorem
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales of
each importer and dividing each of
these amounts by the total entered value
associated with those sales. The
Department will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis. Pursuant to the
Final Modification for Reviews, we will
instruct CBP to liquidate without regard
to antidumping duties any entries for
which the importer-specific assessment
rate is zero or de minimis. Additionally,
because the Department determined that
Agir Haddecilik A.S. had no shipments
of the subject merchandise, any
suspended entries that entered under
the company’s case numbers (i.e., at the
company’s rate) will be liquidated at the
all-others rate effective during the
period of review, consistent with the
Department’s practice.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
10 See Memorandum from Jonathan Hill,
International Trade Compliance Analyst, AD/CVD
Operations, Office IV, Enforcement and Compliance
to The File ‘‘Final Results of the 2015—2016
Antidumping Duty Administrative Review of LightWalled Rectangular Pipe and Tube from Turkey:
Calculation of the Rate for Respondents Not
Selected for Individual Examination,’’ dated
concurrently with this notice.
11 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
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22:35 Oct 11, 2017
Jkt 244001
cash deposit rate for respondents noted
above will be the rate established in the
final results of this administrative
review; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 27.04 percent, the all-others rate
established in the investigation.12 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
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.
47479
Dated: October 4, 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 Issues and
Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
I. General Issues
Comment 1: Cash Deposit Instructions
Comment 2: Assessment of Antidumping
Duties
II. Company Specific Issues
Agir Haddecilik A.S.
Comment 3: Finding of No Shipments
CINAR Boru Profil Sanayi ve Ticaret A.S.
Comment 4: Certificate of Service
Comment 5: Duty Drawback Adjustment
Comment 6: Product Characteristic
Modification
Comment 7: Home Market and Margin SAS
Program Date Parameters
Comment 8: U.S. Brokerage and Handling
(B&H) Expenses
Noksel Celik Boru Sanayi A.S.
Comment 9: Duty Drawback Adjustment
Comment 10: Imputed Home Market Credit
Expenses
Comment 11: Inclusion of Certain Sales
Outside of the POR
Comment 12: Application of AFA to a U.S.
Sale
Comment 13: Application of AFA Based on
CBP Entry Data
Recommendation
[FR Doc. 2017–22072 Filed 10–11–17; 8:45 am]
Notification Regarding Administrative
Protective Orders (APO)
BILLING CODE 3510–DS–P
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 which is subject to sanction.
This notice of the final results of this
antidumping duty administrative review
is issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
DEPARTMENT OF COMMERCE
12 See Notice of Final Determination of Sales at
Less Than Fair Value: Light-Walled Rectangular
Pipe and Tube from Turkey, 73 FR 19814 (April 11,
2008).
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Frm 00034
Fmt 4703
Sfmt 4703
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey: Final 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) has completed the
administrative review of the
countervailing duty (CVD) order on
circular welded carbon steel pipes and
tubes (pipes and tubes) from Turkey for
the January 1, 2015, through December
31, 2015, period of review (POR) in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
This review covers multiple exporters/
producers, two of which are being
individually examined as mandatory
respondents. We have determined that
AGENCY:
E:\FR\FM\12OCN1.SGM
12OCN1
47480
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
the net subsidy rate for Borusan
Holding, A.S. (Borusan Holding),
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan), and Borusan
Istikbal Ticaret T.A.S. (Istikbal)
(collectively, the Borusan Companies),
is 0.49 percent ad valorem. We have
determined that the net subsidy rate for
Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik Profil), Tosyali dis Ticaret
A.S. (Tosyali) and Tosyali Holding
(Tosyali) (collectively, the Toscelik
Companies), is 6.64 percent ad valorem.
Further, in these final results, we have
applied the net subsidy rate calculated
for the Toscelik Companies to the
following four respondents not subject
to individual examination: Erbosan
Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan), Umran Celik Born Sanayii
A.S. (also known as Umran Steel Pipe
Inc.) (Umran), Guven Steel Pipe (also
known as Guven Celik Born San. Ve Tic.
Ltd.) (Guven), and Yucel Boru ye Profil
Endustrisi A.S, Yucelboru Ihracat Ithalat
ye Pazarlama A.S, and Cayirova Boru
Sanayi ye Ticaret A.S. (collectively,
hereinafter, the Yucel Companies).
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Patricia Tran (the Toscelik Companies)
at 202–482–1503, or Jolanta Lawska (the
Borusan Companies) at 202–482–8362,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
Scope of 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
classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings as 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 interested parties’
briefs are addressed in the Issues and
Decision Memorandum.1 A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. 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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://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.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Act. For each of the
subsidy programs found countervailable
during the POR, we determine that there
is a subsidy, i.e., a government-provided
financial contribution that confers a
benefit to the recipient, and that the
subsidy is specific.2 For a complete
description of the methodology
underlying all of the Department’s
conclusions, see the Issues and Decision
Memorandum.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we calculated an
individual subsidy rate for the
mandatory respondents, the Borusan
Companies and the Toscelik Companies.
The subsidy rate calculated for the
Borusan Companies is de minimis. As
discussed in the accompanying Issues
and Decision Memorandum, it is the
Department’s practice to calculate a rate
for companies that are not individually
examined by averaging the weightedaverage net subsidy rates for the
individually-reviewed companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Because only the Toscelik
Companies received an above-de
minimis net subsidy rate, and this rate
is not based entirely on facts available,
for the companies for which a review
was requested that were not
individually examined as mandatory
respondents, i.e., Erbosan, Guven,
Umran, and the Yucel Companies, we
assigned the subsidy rate calculated for
the Toscelik Companies. As a result of
this review, we determine the listed net
subsidy rates for January 1, 2015,
through December 31, 2015:
Net subsidy rate
(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) ..................................................................
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), Toscelik Metal Ticaret AS., and Tosyali Dis Ticaret AS. (Tosyali)
(collectively, the Toscelik Companies) .....................................................................................................................................
Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven) 3 ...................................................................
Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran) 4 ...................................................................
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) ...........................................................................................................
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) 5 ...............................................................................................................................
* 0.49
6.64
6.64
6.64
6.64
6.64
asabaliauskas on DSKBBXCHB2PROD with NOTICES
* (de minimis).
1 See Memorandum to 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,
‘‘Decision Memorandum for Final Results of
Countervailing Duty (CVD) Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from
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22:35 Oct 11, 2017
Jkt 244001
Turkey,’’ dated concurrently with and hereby
adopted by these final results (Issues and Decision
Memorandum).
2 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.
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3 See Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Final Results of Countervailing
Duty Administrative Review; Calendar Year 2013
and Rescission of Countervailing Duty
Administrative Review, in Part, 80 FR 61361
(October 13, 2015).
4 Id.
5 Id.
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
We will disclose to the parties in this
proceeding the calculations performed
for these final results within five days
of the date of publication of this notice
in the Federal Register.6
Dated: October 4, 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.
Assessment Rates
Appendix
Disclosure
In accordance with 19 CFR
351.212(b)(2), the Department intends to
issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15
days after the date of publication of
these final results of review to liquidate
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2015, through December 31, 2015.
Concerning the Borusan Companies, the
Department intends to issue assessment
instructions to CBP to liquidate
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after January 1,
2015, through December 31, 2015,
without regard to countervailing duties.
Cash Deposits
In accordance with section 751(a)(1)
of the Act, we intend to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
shown for each of the respective
companies listed above, except if the
rate calculated in these final results is
zero or de minimis, no cash deposit will
be required. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of proceeding. Timely written
notification of the return/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 which is subject
to sanction.
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
6 See
19 CFR 351.224(b).
VerDate Sep<11>2014
22:35 Oct 11, 2017
Jkt 244001
I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
A. Allocation Period
B. Attribution of Subsidies
C. Loan Benchmark and Discount Interest
Rates
VI. Non-Selected Rate
VII. Analysis of Programs
A. Programs Determined To Be
Countervailable
1. Deduction From Taxable Income for
Export Revenue
2. Short-Term Pre-Shipment Rediscount
Program
3. Provision of Hot-Rolled Steel (HRS) for
Less Than Adequate Remuneration
(LTAR)
4. Inward Processing Certificate Exemption
5. Law 6486: Social Security Premium
Incentive
6. Law 5084: Allocation of Free Land and
Purchase of Land for LTAR
7. Export Financing: Export-Oriented
Working Capital Program
B. Programs Found Not to Confer
Countervailable Benefits
C. Programs Determined to Not Be Used
VIII. Analysis of Comments
Comment 1: Attribution of the Toscelik
¸
Companies’ Subsidy Benefits
Comment 2: Short-Term Loan Benchmark
Comment 3: Calculation of Benchmark
Used To Measure Whether Toscelik
¸
Purchased Hot-Rolled Steel (HRS) for
Less Than Adequate Remuneration
(LTAR)
Comment 4: Whether the HRS Benchmark
From the Preliminary Results Contains
HRS Purchases That Are Not Comparable
to the HRS Purchased From Erdemir
Comment 5: Erbosan’s Clarification of its
No Shipment Certification
Comment 6: Correct Clerical Error in HRS
Benchmark
IX. Recommendation
[FR Doc. 2017–22069 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China: Deferral of
Preliminary Determination of the LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Frm 00036
Fmt 4703
Sfmt 4703
47481
Applicable October 12, 2017.
Erin
Kearney at (202) 482–0167, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On March 30, 2017, the Department of
Commerce (the Department) initiated an
antidumping duty investigation
concerning imports of certain aluminum
foil from the People’s Republic of China
(PRC).1 On April 3, 2017, as part of the
investigation of certain aluminum foil
from the PRC, the Department initiated
an inquiry into the status of the PRC as
a nonmarket economy (NME) country,
pursuant to section 771(18)(C)(ii) of the
Tariff Act of 1930, as amended (the
Act).2
The Initiation Notice stated that the
Department, in accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), would issue its
preliminary determination in this
investigation no later than 140 days
after the date of the initiation, unless
postponed.3 On August 1, 2017, the
Department postponed the deadline for
the preliminary determination of this
investigation by 50 days, until October
4, 2017, in accordance with section
733(c)(1)(A) of the Act and 19 CFR
351.205(b)(2).4
Deferral of Preliminary Determination
In the NME Inquiry Initiation Notice,
the Department solicited comments and
information from interested parties and
announced its intention to issue its final
determination regarding the PRC’s NME
status prior to the issuance of the
Department’s preliminary determination
in the less-than-fair-value
investigation.5 To fully consider all
information relevant to the inquiry into
the status of the PRC as a NME country
and issue a final determination, the
Department requires additional time
1 See Certain Aluminum Foil from the People’s
Republic of China: Initiation of Less-Than-FairValue Investigation, 82 FR 15691 (March 30, 2017)
(Initiation Notice).
2 See Certain Aluminum Foil from the People’s
Republic of China: Notice of Initiation of Inquiry
into the Status of the People’s Republic of China as
a Nonmarket Economy Country Under the
Antidumping and Countervailing Duty Laws, 82 FR
16162 (April 3, 2017) (NME Inquiry Initiation
Notice).
3 See Initiation Notice, 82 FR at 15695.
4 See Certain Aluminum Foil from the People’s
Republic of China: Postponement of Preliminary
Determination of the Less-Than-Fair-Value
Investigation, 82 FR 35753 (August 1, 2017).
5 See NME Inquiry Initiation Notice, 82 FR at
16163.
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Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47479-47481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22069]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final
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) has completed the
administrative review of the countervailing duty (CVD) order on
circular welded carbon steel pipes and tubes (pipes and tubes) from
Turkey for the January 1, 2015, through December 31, 2015, period of
review (POR) in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act). This review covers multiple exporters/
producers, two of which are being individually examined as mandatory
respondents. We have determined that
[[Page 47480]]
the net subsidy rate for Borusan Holding, A.S. (Borusan Holding),
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan
Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan
Companies), is 0.49 percent ad valorem. We have determined that the net
subsidy rate for Toscelik Profil ve Sac Endustrisi A.S. (Toscelik
Profil), Tosyali dis Ticaret A.S. (Tosyali) and Tosyali Holding
(Tosyali) (collectively, the Toscelik Companies), is 6.64 percent ad
valorem.
Further, in these final results, we have applied the net subsidy
rate calculated for the Toscelik Companies to the following four
respondents not subject to individual examination: Erbosan Erciyas Boru
Sanayi ve Ticaret A.S. (Erbosan), Umran Celik Born Sanayii A.S. (also
known as Umran Steel Pipe Inc.) (Umran), Guven Steel Pipe (also known
as Guven Celik Born San. Ve Tic. Ltd.) (Guven), and Yucel Boru ye
Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and
Cayirova Boru Sanayi ye Ticaret A.S. (collectively, hereinafter, the
Yucel Companies).
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Patricia Tran (the Toscelik Companies)
at 202-482-1503, or Jolanta Lawska (the Borusan Companies) at 202-482-
8362, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
Scope of 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 classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings as 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 interested parties' briefs are addressed in
the Issues and Decision Memorandum.\1\ A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the Appendix to this notice. 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 https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
---------------------------------------------------------------------------
\1\ See Memorandum to 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, ``Decision Memorandum for Final Results
of Countervailing Duty (CVD) Administrative Review: Circular Welded
Carbon Steel Pipes and Tubes from Turkey,'' dated concurrently with
and hereby adopted by these final results (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable during the POR, we determine that there is a subsidy,
i.e., a government-provided financial contribution that confers a
benefit to the recipient, and that the subsidy is specific.\2\ For a
complete description of the methodology underlying all of the
Department's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\2\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual subsidy rate for the mandatory respondents, the Borusan
Companies and the Toscelik Companies. The subsidy rate calculated for
the Borusan Companies is de minimis. As discussed in the accompanying
Issues and Decision Memorandum, it is the Department's practice to
calculate a rate for companies that are not individually examined by
averaging the weighted-average net subsidy rates for the individually-
reviewed companies, excluding rates that are zero, de minimis, or based
entirely on facts available. Because only the Toscelik Companies
received an above-de minimis net subsidy rate, and this rate is not
based entirely on facts available, for the companies for which a review
was requested that were not individually examined as mandatory
respondents, i.e., Erbosan, Guven, Umran, and the Yucel Companies, we
assigned the subsidy rate calculated for the Toscelik Companies. As a
result of this review, we determine the listed net subsidy rates for
January 1, 2015, through December 31, 2015:
---------------------------------------------------------------------------
\3\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2013 and Rescission of Countervailing Duty
Administrative Review, in Part, 80 FR 61361 (October 13, 2015).
\4\ Id.
\5\ Id.
------------------------------------------------------------------------
Net subsidy rate
Company (percent)
------------------------------------------------------------------------
Borusan Group, Borusan Holding, A.S. (Borusan * 0.49
Holding), Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan), Borusan Istikbal Ticaret T.A.S.
(Istikbal), (collectively, the Borusan Companies)..
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 6.64
Profil), Toscelik Metal Ticaret AS., and Tosyali
Dis Ticaret AS. (Tosyali) (collectively, the
Toscelik Companies)................................
Guven Steel Pipe (also known as Guven Celik Born 6.64
San. Ve Tic. Ltd.) (Guven) \3\.....................
Umran Celik Born Sanayii A.S. (also known as Umran 6.64
Steel Pipe Inc.) (Umran) \4\.......................
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 6.64
(Erbosan)..........................................
Yucel Boru ye Profil Endustrisi A.S., Yucelboru 6.64
Ihracat Ithalat ye Pazarlama A.S. and Cayirova Boru
Sanayi ye Ticaret A.S. (collectively, the Yucel
Companies) \5\.....................................
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* (de minimis).
[[Page 47481]]
Disclosure
We will disclose to the parties in this proceeding the calculations
performed for these final results within five days of the date of
publication of this notice in the Federal Register.\6\
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\6\ See 19 CFR 351.224(b).
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Assessment Rates
In accordance with 19 CFR 351.212(b)(2), the Department intends to
issue assessment instructions to U.S. Customs and Border Protection
(CBP) 15 days after the date of publication of these final results of
review to liquidate shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after January 1, 2015,
through December 31, 2015. Concerning the Borusan Companies, the
Department intends to issue assessment instructions to CBP to liquidate
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after January 1, 2015, through December 31, 2015,
without regard to countervailing duties.
Cash Deposits
In accordance with section 751(a)(1) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above, except if the rate calculated in these final results is zero or
de minimis, no cash deposit will be required. These cash deposit
requirements, effective upon publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of proceeding. Timely
written notification of the return/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 which is subject to sanction.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 4, 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
I. Summary
II. Background
III. List of Comments
IV. Scope of the Order
V. Subsidies Valuation Information
A. Allocation Period
B. Attribution of Subsidies
C. Loan Benchmark and Discount Interest Rates
VI. Non-Selected Rate
VII. Analysis of Programs
A. Programs Determined To Be Countervailable
1. Deduction From Taxable Income for Export Revenue
2. Short-Term Pre-Shipment Rediscount Program
3. Provision of Hot-Rolled Steel (HRS) for Less Than Adequate
Remuneration (LTAR)
4. Inward Processing Certificate Exemption
5. Law 6486: Social Security Premium Incentive
6. Law 5084: Allocation of Free Land and Purchase of Land for
LTAR
7. Export Financing: Export-Oriented Working Capital Program
B. Programs Found Not to Confer Countervailable Benefits
C. Programs Determined to Not Be Used
VIII. Analysis of Comments
Comment 1: Attribution of the Tos[ccedil]elik Companies' Subsidy
Benefits
Comment 2: Short-Term Loan Benchmark
Comment 3: Calculation of Benchmark Used To Measure Whether
Tos[ccedil]elik Purchased Hot-Rolled Steel (HRS) for Less Than
Adequate Remuneration (LTAR)
Comment 4: Whether the HRS Benchmark From the Preliminary
Results Contains HRS Purchases That Are Not Comparable to the HRS
Purchased From Erdemir
Comment 5: Erbosan's Clarification of its No Shipment
Certification
Comment 6: Correct Clerical Error in HRS Benchmark
IX. Recommendation
[FR Doc. 2017-22069 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P