Certain Oil Country Tubular Goods From Turkey: Final Results of Antidumping Duty Administrative Review; 2016-2017, 64107-64109 [2018-26973]
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Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices
covered by the scope of this order is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheading 2922.42.10.00.
Merchandise subject to the order may
also enter under HTS subheadings
2922.42.50.00, 2103.90.72.00,
2103.90.74.00, 2103.90.78.00,
2103.90.80.00, and 2103.90.90.91. The
tariff classifications, CAS registry
numbers, and UNII numbers are
provided for convenience and customs
purposes; however, the written
description of the scope is dispositive.3
Final Results of Review
Commerce preliminarily determined
that none of the companies subject to
this review demonstrated eligibility for
separate rate status and were thus found
to be part of the China-wide entity.4 As
noted above, Commerce received no
comments concerning the Preliminary
Results of this segment of the
proceeding. As there are no changes
from, or comments upon, the
Preliminary Results, Commerce finds
that there is no reason to modify its
analysis. Accordingly, no decision
memorandum accompanies this Federal
Register notice. For further details of the
issues addressed in this proceeding, see
the Preliminary Results.5 In these final
results of review, we continued to treat
all 27 exporters subject to this review as
part of the China-wide entity.6 The
China-wide entity rate is 40.41 percent.7
China-Wide Entity
amozie on DSK3GDR082PROD with NOTICES1
Commerce’s policy regarding the
conditional review of the China-wide
entity applies to this administrative
review.8 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
3 See Monosodium Glutamate from the People’s
Republic of China: Second Amended Final
Determination of Sales at Less Than Fair Value and
Amended Antidumping Order, 80 FR 487 (January
6, 2015) (Amended Antidumping Duty Order).
4 See Preliminary Results.
5 Id.
6 In the Preliminary Results, we found all 27
exporters subject to this review to be part of the
China-wide entity as each exporter failed to submit
an SRA and/or an SRC to establish its eligibility for
separate rate status. For further details of the issues
addressed in this proceeding, see the Preliminary
Results.
7 See Amended Antidumping Duty Order.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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17:12 Dec 12, 2018
Jkt 247001
and the entity’s rate is not subject to
change (i.e., 40.41 percent).9
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in this review, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(1).
Commerce intends to issue assessment
instructions directly to CBP 15 days
after publication in the Federal Register
of these final results of this
administrative review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Chinese and non-Chinese exporters not
under review in this segment of the
proceeding, but who have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (2) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the China-wide
entity rate (i.e., 40.41 percent); and (3)
for all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
9 See
PO 00000
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/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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h).
Dated: December 6, 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.
[FR Doc. 2018–26974 Filed 12–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From Turkey: Final Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that oil country
tubular goods (OCTG) from Turkey have
been sold at less than normal value
during the period of review (POR)
September 1, 2016, through August 31,
2017.
DATES: Applicable December 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 11, 2018, Commerce
published the Preliminary Results of the
administrative review.1 We invited
1 See Certain Oil Country Tubular Goods from
Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 26957
(June 11, 2018) (Preliminary Results) and
Memorandum, ‘‘Certain Oil Country Tubular Goods
Amended Antidumping Duty Order.
Frm 00011
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64107
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Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices
interested parties to comment on the
Preliminary Results and received case
and rebuttal briefs from interested
parties.2 On August 23, 2018, Commerce
held a public hearing. After reviewing
comments submitted by interested
parties, Commerce determined to
conduct a formal inquiry into the bona
fides nature of the U.S. sale reported by
the mandatory respondent, C
¸ ayirova
Boru Sanayi ve Ticaret A.S
¸ . and Yu¨cel
Boru Ithalat-Ihracat ve Pazarlama A.S
¸.
(collectively, Yu¨cel) in this review.3 On
September 24, 2018, Commerce
extended the deadline for the final
results by 59 days to December 7, 2018.4
On October 30, 2018, Commerce
reached a determination that Yu¨cel’s
U.S. sale subject to this review is a bona
fide transaction and invited interested
parties to comment on this
determination.5 On November 5, 2018,
U.S. Steel submitted a case brief, and on
November 7, 2018, Yu¨cel submitted its
rebuttal brief.6
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
amozie on DSK3GDR082PROD with NOTICES1
Scope of the Order
The merchandise covered by the order
is certain OCTG. The merchandise
subject to the order is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30,
from Turkey: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017,’’ dated June 5,
2018 (Preliminary Decision Memorandum).
2 See case brief from the petitioner, United States
Steel Corporation, ‘‘Re: Oil Country Tubular Goods
from Turkey: U.S. Steel’s Case Brief,’’ dated July 11,
2018, and a rebuttal brief from a mandatory
respondent, C
¸ ayirova Boru Sanayi ve Ticaret A.S
¸.
and Yu¨cel Boru ˙Ithalat-I˙hracat ve Pazarlama A.S
¸,
‘‘Re: OCTG from Turkey; Yu¨cel rebuttal brief,’’
dated July 16, 2018.
3 We previously determined these companies to
constitute a single entity (hereinafter, Yu¨cel). See
Certain Oil Country Tubular Goods from the
Republic of Turkey: Final Determination of Sales at
Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances in Part, 79
FR 41971, 41973 (July 18, 2014).
4 See Memorandum, ‘‘Certain Oil Country
Tubular Goods from Turkey: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review,’’ dated September 24, 2018.
5 See Commerce’s memorandum, ‘‘2016–2017
Antidumping Duty Administrative Review of Oil
Country Tubular Goods from Turkey: Bona Fides
Analysis of the U.S. Sale Made by C
¸ ayirova Boru
Sanayi ve Ticaret A.S
¸ . and Yu¨cel Boru ˙IthalatI˙hracat ve Pazarlama A.S
¸ .,’’ dated October 30, 2018.
6 See Letter from the petitioner, ‘‘Re: Oil Country
Tubular Goods from Turkey: U.S. Steel’s Case Brief
Concerning Commerce’s Bona Fides Analysis,’’
dated November 5, 2018 and Letter from Yu¨cel,
‘‘Re: OCTG from Turkey; Yu¨cel rebuttal brief
regarding bona fides of U.S. sale,’’ dated November
7, 2018.
VerDate Sep<11>2014
17:12 Dec 12, 2018
Jkt 247001
7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order
may also enter under the following
HTSUS item numbers: 7304.39.00.24,
7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48,
7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.39.00.76,
7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30,
7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60,
7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55,
7306.30.50.90, 7306.50.50.50, and
7306.50.50.70.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description is
dispositive. A full description of the
scope of the order is contained in the
Issues and Decision Memorandum.7
Finding of No Shipments
The record evidence in this review
indicates that Tosc
¸elik Profil ve Sac
Endu¨strisi A.S
¸ . and Tosyali Dis Ticaret
A.S. (collectively, Tosc
¸elik) 8 had no
7 See
Memorandum, ‘‘Certain Oil Country
Tubular Goods from Turkey: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review,’’ dated concurrently
with, and hereby adopted by this notice (Issues and
Decision Memorandum).
8 We previously determined these companies to
constitute a single entity. See Certain Oil Country
Tubular Goods from Turkey: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 42285 (September 7, 2017) (unchanged
in Certain Oil Country Tubular Goods from Turkey:
Final Results of Antidumping Duty Administrative
Review; 2015–2016, 83 FR 1240 (January 10, 2018)).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
exports, sales, or entries of subject
merchandise to the United States during
the POR. Accordingly, we determine
that Tosc¸elik had no shipments during
the POR. For additional information on
our preliminary finding of no
shipments, see the Preliminary Decision
Memorandum. Accordingly, consistent
with Commerce’s practice, we will issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on our final results.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this review
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached as an Appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Enforcement and
Compliance website at https://
enforcement.trade.gov/frn/. A list of the
topics discussed in the Issues and
Decision Memorandum is attached as an
Appendix to this notice.
Changes Since the Preliminary Results
We did not make any changes for
these final results.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period September 1, 2016,
through August 31, 2017.
Producer/exporter
C
¸ ayirova Boru Sanayi ve Ticaret
A.S¸. and Yu¨cel Boru ˙Ithalat˙Ihracat ve Pazarlama A.S¸ .......
C
¸ ayirova Boru San A.S¸ ..............
HG Tubulars Canada Ltd ...........
Yu¨celboru ˙Ihracat, Ithalat ...........
Weightedaverage
dumping
margin
(percent)
1.59
1.59
1.59
1.59
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices
final results of this review. For Yu¨cel,
we calculated importer-specific
assessment rates on the basis of the ratio
of the total amount of antidumping
duties calculated for each importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1).9
For entries of subject merchandise
during the POR produced by Yu¨cel for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate un-reviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For Tosc¸elik, which we
determined had no shipments of subject
merchandise in this review period, we
will instruct CBP to liquidate any
applicable entries of subject
merchandise at the all-others rate.10
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
amozie on DSK3GDR082PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of the administrative review for all
shipments of OCTG from Turkey
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for companies subject to
this review will be the rates established
in the final results of the review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior completed segment of the
proceeding, including those for which
Commerce has determined had no
shipments during the POR, 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 administrative
review, a prior review, or the original
investigation, but the producer has been
covered in a prior complete segment of
this proceeding, the cash deposit rate
will be the rate established for the most
9 In these final results, Commerce applied the
assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
10 See, e.g., Certain Circular Welded Carbon
Quality Steel Pipes and Tubes from Taiwan: Final
Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2016–2017, 83 FR 52204 (October 16, 2018); Certain
Crystalline Silicon Photovoltaic Products From
Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 30401,
30402 (June 28, 2018).
VerDate Sep<11>2014
17:12 Dec 12, 2018
Jkt 247001
recent period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 35.86 percent,11 the
all-others rate established in the lessthan-fair-value investigation, adjusted
for the export-subsidy rate established
in the companion countervailing duty
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 7, 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. Discussion of the Issues
11 See Certain Oil Country Tubular Goods from
India, the Republic of Korea, Taiwan, the Republic
of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country
Tubular Goods from the Socialist Republic of
Vietnam: Amended Final Determination of Sales at
Less Than Fair Value, 79 FR 53691, 53693
(September 10, 2014).
PO 00000
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Fmt 4703
Sfmt 4703
64109
Whether the U.S. Sale is Bona Fide
Whether the Dumping Margin was
Manipulated
V. Recommendation
[FR Doc. 2018–26973 Filed 12–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG666
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 60 Assessment
Scoping webinar for South Atlantic Red
Porgy.
AGENCY:
The SEDAR 60 assessment of
the South Atlantic stock of Red Porgy
will consist of a series of webinars and
an in-person workshop. See
SUPPLEMENTARY INFORMATION.
DATES: A SEDAR 60 Assessment
Scoping webinar will be held on
Wednesday, January 9, 2019, from 9
a.m. until 1 p.m.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Those
interested in participating should
contact Julia Byrd at SEDAR (see FOR
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of each webinar.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405;
www.sedarweb.org.
SUMMARY:
Julia
Byrd, SEDAR Coordinator, 4055 Faber
Place Drive, Suite 201, North
Charleston, SC 29405; phone: (843) 571–
4366; email: julia.byrd@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. The product of
the SEDAR webinar series will be a
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\13DEN1.SGM
13DEN1
Agencies
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64107-64109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26973]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-816]
Certain Oil Country Tubular Goods From Turkey: Final Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that oil country
tubular goods (OCTG) from Turkey have been sold at less than normal
value during the period of review (POR) September 1, 2016, through
August 31, 2017.
DATES: Applicable December 13, 2018.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
On June 11, 2018, Commerce published the Preliminary Results of the
administrative review.\1\ We invited
[[Page 64108]]
interested parties to comment on the Preliminary Results and received
case and rebuttal briefs from interested parties.\2\ On August 23,
2018, Commerce held a public hearing. After reviewing comments
submitted by interested parties, Commerce determined to conduct a
formal inquiry into the bona fides nature of the U.S. sale reported by
the mandatory respondent, [Ccedil]ayirova Boru Sanayi ve Ticaret
A.[Scedil]. and Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama
A.[Scedil]. (collectively, Y[uuml]cel) in this review.\3\ On September
24, 2018, Commerce extended the deadline for the final results by 59
days to December 7, 2018.\4\ On October 30, 2018, Commerce reached a
determination that Y[uuml]cel's U.S. sale subject to this review is a
bona fide transaction and invited interested parties to comment on this
determination.\5\ On November 5, 2018, U.S. Steel submitted a case
brief, and on November 7, 2018, Y[uuml]cel submitted its rebuttal
brief.\6\
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 26957 (June 11, 2018) (Preliminary Results) and
Memorandum, ``Certain Oil Country Tubular Goods from Turkey:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2016-2017,'' dated June 5, 2018 (Preliminary
Decision Memorandum).
\2\ See case brief from the petitioner, United States Steel
Corporation, ``Re: Oil Country Tubular Goods from Turkey: U.S.
Steel's Case Brief,'' dated July 11, 2018, and a rebuttal brief from
a mandatory respondent, [Ccedil]ayirova Boru Sanayi ve Ticaret
A.[Scedil]. and Y[uuml]cel Boru [Idot]thalat-[Idot]hracat ve
Pazarlama A.[Scedil], ``Re: OCTG from Turkey; Y[uuml]cel rebuttal
brief,'' dated July 16, 2018.
\3\ We previously determined these companies to constitute a
single entity (hereinafter, Y[uuml]cel). See Certain Oil Country
Tubular Goods from the Republic of Turkey: Final Determination of
Sales at Less Than Fair Value and Affirmative Final Determination of
Critical Circumstances in Part, 79 FR 41971, 41973 (July 18, 2014).
\4\ See Memorandum, ``Certain Oil Country Tubular Goods from
Turkey: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated September 24, 2018.
\5\ See Commerce's memorandum, ``2016-2017 Antidumping Duty
Administrative Review of Oil Country Tubular Goods from Turkey: Bona
Fides Analysis of the U.S. Sale Made by [Ccedil]ayirova Boru Sanayi
ve Ticaret A.[Scedil]. and Y[uuml]cel Boru [Idot]thalat-[Idot]hracat
ve Pazarlama A.[Scedil].,'' dated October 30, 2018.
\6\ See Letter from the petitioner, ``Re: Oil Country Tubular
Goods from Turkey: U.S. Steel's Case Brief Concerning Commerce's
Bona Fides Analysis,'' dated November 5, 2018 and Letter from
Y[uuml]cel, ``Re: OCTG from Turkey; Y[uuml]cel rebuttal brief
regarding bona fides of U.S. sale,'' dated November 7, 2018.
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Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order is certain OCTG. The
merchandise subject to the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order may also enter under the
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Issues and
Decision Memorandum.\7\
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\7\ See Memorandum, ``Certain Oil Country Tubular Goods from
Turkey: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review,'' dated concurrently with,
and hereby adopted by this notice (Issues and Decision Memorandum).
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Finding of No Shipments
The record evidence in this review indicates that Tos[ccedil]elik
Profil ve Sac End[uuml]strisi A.[Scedil]. and Tosyali Dis Ticaret A.S.
(collectively, Tos[ccedil]elik) \8\ had no exports, sales, or entries
of subject merchandise to the United States during the POR.
Accordingly, we determine that Tos[ccedil]elik had no shipments during
the POR. For additional information on our preliminary finding of no
shipments, see the Preliminary Decision Memorandum. Accordingly,
consistent with Commerce's practice, we will issue appropriate
instructions to U.S. Customs and Border Protection (CBP) based on our
final results.
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\8\ We previously determined these companies to constitute a
single entity. See Certain Oil Country Tubular Goods from Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 42285 (September 7, 2017) (unchanged in Certain Oil
Country Tubular Goods from Turkey: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 83 FR 1240 (January 10, 2018)).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. A list
of the issues raised is attached as an Appendix to this notice. The
Issues and Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
is available to all parties in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Enforcement and Compliance website at https://enforcement.trade.gov/frn/. A list of the topics discussed in the
Issues and Decision Memorandum is attached as an Appendix to this
notice.
Changes Since the Preliminary Results
We did not make any changes for these final results.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period September 1, 2016, through August 31, 2017.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
[Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and 1.59
Y[uuml]cel Boru [Idot]thalat-[Idot]hracat ve Pazarlama
A.[Scedil].................................................
[Ccedil]ayirova Boru San A.[Scedil]......................... 1.59
HG Tubulars Canada Ltd...................................... 1.59
Y[uuml]celboru [Idot]hracat, Ithalat........................ 1.59
------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the
[[Page 64109]]
final results of this review. For Y[uuml]cel, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\9\
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\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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For entries of subject merchandise during the POR produced by
Y[uuml]cel for which it did not know that the merchandise was destined
for the United States, we will instruct CBP to liquidate un-reviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For Tos[ccedil]elik, which we
determined had no shipments of subject merchandise in this review
period, we will instruct CBP to liquidate any applicable entries of
subject merchandise at the all-others rate.\10\
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\10\ See, e.g., Certain Circular Welded Carbon Quality Steel
Pipes and Tubes from Taiwan: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2016-
2017, 83 FR 52204 (October 16, 2018); Certain Crystalline Silicon
Photovoltaic Products From Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 30401, 30402 (June 28,
2018).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of the administrative review
for all shipments of OCTG from Turkey entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
for companies subject to this review will be the rates established in
the final results of the review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior completed segment of the proceeding, including those
for which Commerce has determined had no shipments during the POR, 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 administrative review, a prior review, or the original
investigation, but the producer has been covered in a prior complete
segment of this proceeding, 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 35.86 percent,\11\ the all-others rate
established in the less-than-fair-value investigation, adjusted for the
export-subsidy rate established in the companion countervailing duty
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691, 53693 (September 10, 2014).
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Notification to Importers
This notice 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding 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 violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 7, 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. Discussion of the Issues
Whether the U.S. Sale is Bona Fide
Whether the Dumping Margin was Manipulated
V. Recommendation
[FR Doc. 2018-26973 Filed 12-12-18; 8:45 am]
BILLING CODE 3510-DS-P