Welded Line Pipe From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2015, 34113-34114 [2018-15435]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices federally registered lobbyists or registered as a foreign agent under the Foreign Agents Registration Act of 1938, as amended. Those selected for the Board must be able to meet the time and effort commitments of the Board. Board members serve at the discretion of the Secretary of Commerce (who may remove any member of the Board for good cause). The terms of office of each member of the Board appointed by the Secretary shall be three (3) years. Board members can serve a maximum of two consecutive full three-year terms. Board members are not considered Federal government employees by virtue of their service as a member of the Board and will receive no compensation from the Federal government for their participation in Board activities. Members participating in Board meetings and events may be paid actual travel expenses and per diem by the Corporation when away from their usual places of residence. Individuals who want to be considered for appointment to the Board should submit the following information by the Friday, August 17, 2018 deadline to the address listed in the ADDRESSES section above: 1. Name, title, and personal resume of the individual requesting consideration, including address, email address and phone number. 2. A brief statement of why the person should be considered for appointment to the Board. This statement should also address the individual’s relevant international travel and tourism marketing experience and audit committee financial expertise, if any, and indicate clearly the sector or sectors enumerated above in which the individual has the requisite expertise and experience. Individuals who have the requisite expertise and experience in more than one sector can be appointed for only one of those sectors. Appointments of members to the Board will be made by the Secretary of Commerce. 3. An affirmative statement that the applicant is a U.S. citizen and further, is not required to register as a foreign agent under the Foreign Agents Registration Act of 1938, as amended. Dated: July 13, 2018. Brian Beall, Deputy Director, National Travel and Tourism Office. [FR Doc. 2018–15408 Filed 7–18–18; 8:45 am] BILLING CODE 3510–DR–P VerDate Sep<11>2014 17:34 Jul 18, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration [C–489–823] Welded Line Pipe From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Borusan Istikbal Ticaret and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively, Borusan), an exporter/producer of welded line pipe from the Republic of Turkey (Turkey), received countervailable subsidies during the period of review (POR) March 20, 2015, through December 31, 2015. DATES: Applicable July 19, 2018. FOR FURTHER INFORMATION CONTACT: Whitley Herndon and Andrew Medley, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–6274 and 202–482–4987, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the Preliminary Results of this administrative review in the Federal Register on January 10, 2018.1 We invited interested parties to comment on the Preliminary Results. On January 23, 2018, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.2 On February 12, 2018, we received timely case briefs from the Government of Turkey and from Borusan. On May 2, 2018, Commerce postponed the final results of review until July 12, 2018.3 Scope of the Order The merchandise covered by the order is welded line pipe, which is carbon and alloy steel pipe of a kind used for 1 See Welded Line Pipe from the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2015, 83 FR 1237 (January 10, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. 3 See Memorandum, ‘‘Welded Line Pipe from Turkey: Extension of Deadline for the Final Results of 2015 Countervailing Duty Administrative Review,’’ dated May 2, 2018. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 34113 oil or gas pipelines, not more than 24 inches in nominal outside diameter. A full description of the scope of the order is contained in the Issues and Decision Memorandum, which is hereby adopted by this notice.4 Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum accompanying this notice. 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 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 at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results We made no changes to our subsidy rate calculation. Methodology Commerce conducted 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 to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying all of Commerce’s conclusions, see the Issues and Decision Memorandum. Final Results of Administrative Review In accordance with section 777A(e) of the Act and 19 CFR 351.221(b)(5), we determine the total net countervailable subsidy rate for the period January 1, 2015, to December 31, 2015, to be: 4 See Memorandum, ‘‘Decision Memorandum for the Final Results of 2015 Countervailing Duty Administrative Review: Welded Line Pipe from Turkey,’’ dated concurrently with this notice (Issues and Decision Memorandum). 5 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. E:\FR\FM\19JYN1.SGM 19JYN1 34114 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices Company Subsidy rate (percent) Borusan Istikbal Ticaret and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.6. 0.78 ad valorem. Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of the final results of this review. Commerce will instruct CBP to liquidate shipments of subject merchandise produced and/or exported by the company listed above, entered, or withdrawn from warehouse, for consumption, from March 20, 2015, through December 31, 2015, at the ad valorem rate listed above. Cash Deposit Requirements Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown above for Borusan, on 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, Commerce will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. sradovich on DSK3GMQ082PROD with NOTICES Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply 6 For the Borusan Companies, we initiated on the following: Borusan Istikbal Ticaret (Istikbal) and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB). As explained in the PDM, we found Istikbal and BMB to be cross-owned under Borusan Holding, A.S. No party has provided argument to the contrary; thus, for these final results, we continue to find all three companies to be crossowned, though only BMB received countervailable subsidies in this review period. VerDate Sep<11>2014 17:34 Jul 18, 2018 Jkt 244001 with the regulations and terms of an APO is a sanctionable violation. These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: July 12, 2018. 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 I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation A. Allocation Period B. Attribution of Subsides C. Benchmark Interest Rates V. Programs Determined To Be Countervailable VI. Programs Determined Not To Be Used During the POR VII. Analysis of Comments Comment 1: Treatment of the Investment Encouragement Program (IEP): Customs and Value Added Tax (VAT) Exemption Program Comment 2: Whether To Include Borusan’s Exchange Variation Income in the Total Value of Sales and Total Value of Export Sales VIII. Recommendation [FR Doc. 2018–15435 Filed 7–18–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration DATES: Applicable July 19, 2018. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse and Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6345 and (202) 482–6274, respectively. SUPPLEMENTARY INFORMATION: Background Subsequent to the October 28, 2016, publication of the Final Determination,1 and the December 16, 2016, publication of the Order,2 Wheatland Tube Company (i.e., the petitioner), filed a complaint with the Court challenging Commerce’s treatment of the cost of ‘‘caps’’ used by Universal Tube and Plastic Industries, LLC—Jebel Ali Branch (UTP–JA), a producer/exporter of the mandatory respondent, Universal.3 On April 24, 2018, the Court remanded Commerce’s final determination with the instruction that Commerce reexamine whether UTP– JA’s cost of caps should be treated as packing expenses in light of its prior treatment of this material.4 On June 22, 2018, Commerce issued its final results of redetermination, in which we reclassified UTP–JA’s cost of caps as packing expenses; this revision did not change the final dumping margin for Universal.5 On July 9, 2018, the Court sustained the Remand Redetermination. Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the United States Court of Appeals for the Federal [A–520–807] Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 9, 2018, the United States Court of International Trade (the Court) entered final judgment sustaining the final results of the remand redetermination by the Department of Commerce (Commerce) pertaining to the antidumping duty (AD) investigation of circular welded carbon-quality steel pipe (CWP) from the United Arab Emirates (UAE). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce’s final determination in the AD investigation of CWP from the UAE. AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 1 See Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 81 FR 75030 (October 28, 2016) (Final Determination). 2 See Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders, 81 FR 91906 (December 19, 2016) (Order). 3 Universal is the name collectively used for the following group of affiliated producers/exporters of CWP: KHK Scaffolding and Framework LLC; Universal Tube and Pipe Industries, Ltd; and UTP– JA. 4 See Wheatland Tube Company v. United States, Court No. 17–00021, Slip Op. 18–49 (CIT April 24, 2018). 5 See Final Results of Redetermination Pursuant to Court Remand, Wheatland Tube Company v. United States, Court No. 17–00021, Slip Op. 18–49 (CIT April 24, 2018), dated June 21, 2018, available at: https://enforcement.trade.gov/remands/ index.html (Remand Redetermination). 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Pages 34113-34114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15435]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-823]


Welded Line Pipe From the Republic of Turkey: Final Results of 
Countervailing Duty Administrative Review; 2015

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

SUMMARY: The Department of Commerce (Commerce) determines that Borusan 
Istikbal Ticaret and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. 
(collectively, Borusan), an exporter/producer of welded line pipe from 
the Republic of Turkey (Turkey), received countervailable subsidies 
during the period of review (POR) March 20, 2015, through December 31, 
2015.

DATES: Applicable July 19, 2018.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon and Andrew Medley, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: 202-482-6274 and 202-482-
4987, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on January 10, 2018.\1\ We invited 
interested parties to comment on the Preliminary Results. On January 
23, 2018, Commerce exercised its discretion to toll all deadlines 
affected by the closure of the Federal Government from January 20 
through 22, 2018.\2\ On February 12, 2018, we received timely case 
briefs from the Government of Turkey and from Borusan. On May 2, 2018, 
Commerce postponed the final results of review until July 12, 2018.\3\
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe from the Republic of Turkey: 
Preliminary Results of Countervailing Duty Administrative Review; 
2015, 83 FR 1237 (January 10, 2018) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \3\ See Memorandum, ``Welded Line Pipe from Turkey: Extension of 
Deadline for the Final Results of 2015 Countervailing Duty 
Administrative Review,'' dated May 2, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is welded line pipe, which is 
carbon and alloy steel pipe of a kind used for oil or gas pipelines, 
not more than 24 inches in nominal outside diameter. A full description 
of the scope of the order is contained in the Issues and Decision 
Memorandum, which is hereby adopted by this notice.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of 2015 Countervailing Duty Administrative Review: Welded Line Pipe 
from Turkey,'' dated concurrently with this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. 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 
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 at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    We made no changes to our subsidy rate calculation.

Methodology

    Commerce conducted 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 to be countervailable, we find that there 
is a subsidy, i.e., a financial contribution from a government or 
public entity that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a full description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \5\ 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 Administrative Review

    In accordance with section 777A(e) of the Act and 19 CFR 
351.221(b)(5), we determine the total net countervailable subsidy rate 
for the period January 1, 2015, to December 31, 2015, to be:

[[Page 34114]]



------------------------------------------------------------------------
                Company                       Subsidy rate (percent)
------------------------------------------------------------------------
Borusan Istikbal Ticaret and Borusan     0.78 ad valorem.
 Mannesmann Boru Sanayi ve Ticaret
 A.S.\6\.
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 15 
days after the date of publication of the final results of this review. 
Commerce will instruct CBP to liquidate shipments of subject 
merchandise produced and/or exported by the company listed above, 
entered, or withdrawn from warehouse, for consumption, from March 20, 
2015, through December 31, 2015, at the ad valorem rate listed above.
---------------------------------------------------------------------------

    \6\ For the Borusan Companies, we initiated on the following: 
Borusan Istikbal Ticaret (Istikbal) and Borusan Mannesmann Boru 
Sanayi ve Ticaret A.S. (BMB). As explained in the PDM, we found 
Istikbal and BMB to be cross-owned under Borusan Holding, A.S. No 
party has provided argument to the contrary; thus, for these final 
results, we continue to find all three companies to be cross-owned, 
though only BMB received countervailable subsidies in this review 
period.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amount shown above for Borusan, 
on 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, Commerce will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or all-others rate applicable to the company, as 
appropriate. Accordingly, the cash deposit requirements that will be 
applied to companies covered by this order, but not examined in this 
administrative review, are those established in the most recently 
completed segment of the proceeding for each company. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: July 12, 2018.
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

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsides
    C. Benchmark Interest Rates
V. Programs Determined To Be Countervailable
VI. Programs Determined Not To Be Used During the POR
VII. Analysis of Comments
    Comment 1: Treatment of the Investment Encouragement Program 
(IEP): Customs and Value Added Tax (VAT) Exemption Program
    Comment 2: Whether To Include Borusan's Exchange Variation 
Income in the Total Value of Sales and Total Value of Export Sales
VIII. Recommendation

[FR Doc. 2018-15435 Filed 7-18-18; 8:45 am]
BILLING CODE 3510-DS-P