Certain Hot-Rolled Steel Flat Products From Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 68878-68881 [2019-27137]
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68878
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
NW, Washington, DC 20230; telephone:
202–482–1560.
SUPPLEMENTARY INFORMATION:
Background
Commerce regulations provide that it
will publish in the Federal Register a
list of scope rulings on a quarterly
basis.1 Our most recent notification of
scope rulings was published on
September 25, 2019.2 This current
notice covers all scope rulings and anticircumvention determinations made by
Enforcement and Compliance between
January 1, 2019 through March 31, 2019.
Scope Rulings Made January 1, 2019
Through March 31, 2019:
Italy
A–475–818 and C–475–819: Certain
Pasta From Italy
Requestor: European Imports, Inc.
Nine gnocchi potato dumpling varieties
are outside the scope of the
antidumping and countervailing duty
orders on certain pasta from Italy
because the antidumping and
countervailing duty orders pertain to
non-egg dry pasta, which does not
include the nine gnocchi potato
dumpling varieties that European
Imports distributes; January 30, 2019.
People’s Republic of China (China)
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A–570–967 and C–570–968: Aluminum
Extrusions From China
Requestor: Tosoh SMD, Inc. The
requestor’s sputtering target backing
plates are not covered by the scope of
the antidumping and countervailing
duty orders on aluminum extrusions
from China, because they contain no
extruded aluminum; January 31, 2019.
A–570–899: Artist Canvas From China
Requestors: Impact Images. Polyester
fabric coated with flame retardant and
polyurethane (PFCPU) imported by
Impact Images is outside the scope of
the order, because it is not primed/
coated with a solution designed to
promote the adherence of artist
materials, such as paint or ink, to the
fabric. Specifically, PFCPU is coated
only with flame retardant and
polyurethane, which do not promote the
adherence of artistic materials, such as
paint or ink, to the fabric. The priming/
coating material, and the application
thereof, commonly known as ‘gesso’ or
‘gessoing’, is a requisite component of
the subject merchandise and, therefore,
the PFCPU imported by Impact Images
is not within the scope of the
1 See
19 CFR 351.225(o).
Notice of Scope Rulings, 84 FR 50385
(September 25, 2019).
2 See
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antidumping duty order on certain artist
canvas from China; February 8, 2019.
A–570–922 and C–570–923: Raw
Flexible Magnets From China; A–583–
842: Raw Flexible Magnets From
Taiwan
Requestor: Magnum Magnetics
Corporation. Granulated flexible
magnets are outside the scope of the
orders on raw flexible magnets from
China and Taiwan because the product
cannot be bent, folded, or manipulated
and, thus, are not flexible; March 14,
2019.
Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, 1401 Constitution
Avenue NW, APO/Dockets Unit, Room
18022, Washington, DC 20230.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: December 11, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–27135 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–DS–P
Anti-Circumvention Determinations
Made January 1, 2019 Through March
31, 2019
DEPARTMENT OF COMMERCE
Mexico
International Trade Administration
A–201–830: Carbon and Certain Alloy
Steel Wire Rod From Mexico
Requestor: Nucor Corporation. Wire
rod produced and/or exported by
Deacero S.A.P.I. de CV with an actual
diameter less than 4.75 millimeters, and
otherwise meeting the description of the
scope of the order constitutes
merchandise altered in form or
appearance in minor respects from inscope merchandise and is subject to the
antidumping duty order on carbon and
certainly alloy steel wire rod from
Mexico; March 13, 2019.
[A–489–826]
Correction
A–570–814: Carbon Steel Butt-Weld
Pipe Fittings from China 3
Requestor: SIGMA Corporation.
SAFELET and UNILET fire-protection
weld outlets it imports from China are
subject to the China carbon steel buttweld order because both products
feature a beveled end, each has a single
butt-welded connection, and they
otherwise meet the physical description
of merchandise covered by the scope;
December 11, 2018.
Notification to Interested Parties
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries and
anti-circumvention determinations
made during the period January 1, 2019
through March 31, 2019. Any comments
should be submitted to the Deputy
3 In the scope rulings notice that published on
September 25, 2019 (84 FR 50385) covering scope
rulings and anti-circumvention decisions that were
signed or published between October 1, 2018 and
December 31, 2018, the notice inadvertently stated
that Commerce determined that the SAFELET and
UNILET fire-protection weld outlets were outside
the scope of the antidumping duty order on carbon
steel butt-weld pipe fittings from China. Instead,
Commerce determined that the merchandise under
review was covered by the scope of the order. This
is a correction to the September 25, 2019, notice.
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Certain Hot-Rolled Steel Flat Products
From Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
Colakoglu Metalurji A.S. and Colakoglu
Dis Ticaret A.S. (collectively,
Colakoglu), a producer and exporter of
certain hot-rolled steel flat products
(hot-rolled steel) from the Republic of
Turkey (Turkey), sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) October 1, 2017
through September 30, 2018. In
addition, Commerce preliminarily
determines that Eregli Demir ve Celik
Fabrikalari T.A.S. and Iskenderun Iron
& Steel Works Co. (collectively, Erdemir
Group) had no shipments during the
POR. We invite all interested parties to
comment on these preliminary results.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2316.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on hot-rolled
steel from Turkey in accordance with
section 751(a)(1)(B) of Tariff Act of
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1930, as amended (the Act).1 On
December 11, 2018, in accordance with
19 CFR 351.221(c)(1)(i), we initiated this
administrative review of the Order
covering thirteen producers and/or
exporters of the subject merchandise.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 28,
2019.3 On August 6, 2019, we
postponed the deadline for the
preliminary results of this review until
November 8, 2019.4 On November 4,
2019, we postponed the preliminary
results of this review until December 10,
2019.5 For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum, dated
concurrently with these preliminary
results and hereby adopted by this
notice.6
Scope of the Order
The merchandise covered by the
Order is certain hot-rolled steel flat
products. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.7
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Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Constructed export prices are
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice.
The Preliminary 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 to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. The signed and electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
Among the companies under review,
Eregli Demir ve Celik Fabrikalari T.A.S.
and Iskenderun Iron & Steel Works Co.
(collectively, the Erdemir Group)
properly filed a certification reporting
that they made no shipments of subject
merchandise to the United States during
the POR.8 Based on the certification
submitted and our analysis of Customs
and Border Protection (CBP)
information, we preliminarily determine
that the Erdemir Group had no
shipments during the POR.9 Consistent
with our standard practice,10 Commerce
finds that it is not appropriate to rescind
the review with respect to Erdemir
Group, but rather to complete the
review and issue appropriate
instructions to CBP based on the final
results of this review.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
68879
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated a weighted-average dumping
margin for Colakoglu that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly, we
have preliminarily assigned to the
companies not individually examined a
margin of 2.55 percent, which is
Colakoglu’s weighted-average dumping
margin.
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period October 1, 2017
through September 30, 2018:
Exporter or producer
Weighted-average
dumping margin
(percent)
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S ..............................................................................................................................................
2.55
1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018). The thirteen producers
and/or exporters are: (1) Agir Haddecilik A.S.; (2)
Cag Celik Demir ve Celik; (3) Colakoglu Dis Ticaret
AS; (4) Colakoglu Metalurji, AS; (5) Eregli Demir ve
Celik Fabrikalari T.A.S.; (6) Gazi Metal Mamulleri
Sanayi Ve Ticaret A.S.; (7) Habas Industrial and
Medical Gases Production Industries Inc.; (8) Habas
Sinai ve Tibbi Gazlar Istihsal Endustrisi; (9)
Iskenderun Iron & Steel Works Co.; (10) MMK
Atakas Metalurji; (11) Ozkan Iron and Steel Ind.;
(12) Seametal San ve Dis Tic; and (13) Tosyali
Holding (Toscelik Profile and Sheet Ind. Co.,
Toscelik Profil ve Sac).
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3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Turkey:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018,’’ dated August 6, 2019.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Turkey: 2nd
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018,’’ dated November 4, 2019.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Certain Hot-Rolled
Steel Flat Products from Turkey; 2017–2018,’’ dated
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concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 Id.
8 In the underlying investigation, Commerce
collapsed Eregrli Demir ve Celik Fabrikalari T.A.S.
and Iskenderun Iron & Steel Works Co.
(collectively, Erdemir Group) as a single entity. See
Certain Hot-Rolled Steel Flat Products from the
Republic of Turkey: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 15231
(March 22, 2016), and accompanying Preliminary
Decision Memorandum at 6 unchanged in Certain
Hot-Rolled Steel Flat Products From the Republic of
Turkey: Final Determination of Sales at Less Than
Fair Value, 81 FR 53428 (August 12, 2016).
9 See Preliminary Decision Memorandum.
10 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Turkey:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
34863 (July 19, 2019), and accompanying
Preliminary Decision Memorandum at 4.
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
Exporter or producer
Weighted-average
dumping margin
(percent)
Agir Haddecilik A.S .......................................................................................................................................................................................................
Cag Celik Demir ve Celik ..............................................................................................................................................................................................
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S ...............................................................................................................................................................
Habas Industrial and Medical Gases Production Industries Inc ...................................................................................................................................
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi ............................................................................................................................................................
MMK Atakas Metalurji ...................................................................................................................................................................................................
Ozkan Iron and Steel Ind ..............................................................................................................................................................................................
Seametal San ve Dis Tic ..............................................................................................................................................................................................
Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac) ............................................................................................................
2.55
2.55
2.55
2.55
2.55
2.55
2.55
2.55
2.55
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Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Pursuant to 19 CFR
351.212(b)(1), we calculated an
importer-specific ad valorem duty
assessment rate based on the ratio of the
total amount of dumping calculated for
the examined sales to the total entered
value of those sales. Where the
mandatory respondent did not report
entered value, we calculated the entered
value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate equal to the
weighted-average dumping margin
determined for the non-examined
companies in the final results of this
review.
For entries of subject merchandise
during the POR produced by the
respondent for which it did not know
that its merchandise was destined for
the United States, including for the
Erdemir Group (which we have
preliminarily found had no shipments
during the POR), we will instruct CBP
to liquidate such unreviewed entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.11
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
11 See
section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be equal to
each company’s weighted-average
dumping margin established in the final
results of this review, except if the rate
is less than 0.50 percent, and therefore
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the
completed segment for the most recent
POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 6.41 percent, the allothers rate established in the underlying
investigation.12 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.13
Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.14
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
12 See
Order, 81 FR at 67965.
19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
13 See
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filing case briefs.15 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.16 Case and rebuttal briefs
should be filed using ACCESS.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.18 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230.19
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register, unless otherwise
extended.20
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 Commerce’s
15 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.303.
18 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
19 See 19 CFR 351.310(c).
20 See section 751(a)(3)(A) of the Act.
16 See
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presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Preliminary Determination of No
Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019–27137 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Datong
Juqiang Activated Carbon Co., Ltd.
(Datong Juqiang) and Carbon Activated
Tianjin Co., Ltd. (Carbon Activated) sold
certain activated carbon from the
People’s Republic of China (China) at
less than normal value during the
period of review (POR) April 1, 2017
through March 31, 2018.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0968 or (202) 482–0339,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
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Background
Commerce published the Preliminary
Results 1 on June 14, 2019. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2 On September 20,
2019,3 in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), Commerce extended
the deadline for issuing the final results
until December 11, 2019.
Scope of the Order
The merchandise subject to the
Order 4 is certain activated carbon. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3802.1000. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the Order
remains dispositive.5
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in the interested parties’ case and
rebuttal briefs. In Appendix I to this
notice, we provided a list of the issues
raised by the parties. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (CRU), Room B8024 of the
main Commerce building, as well as
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 to all
parties in the CRU. In addition, parties
can directly access a complete version
of the Issues and Decision
Memorandum on the internet at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
1 See Certain Activated Carbon from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017–
2018, 84 FR 27758 (June 14, 2019) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Certain Activated Carbon
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Eleventh Antidumping Duty Administrative
Review,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Activated Carbon from the
People’s Republic of China: Extension of Deadline
for Final Results of 2017–2018 Antidumping Duty
Administrative Review,’’ dated September 20, 2019.
4 See Notice of Antidumping Duty Order: Certain
Activated Carbon from the People’s Republic of
China, 72 FR 20988 (April 27, 2007) (Order).
5 See Issues and Decision Memorandum for a
complete description of the scope of the Order.
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68881
Verification
Pursuant to section 782(i) of the Act,
and 19 CFR 351.307(b)(iv), we
conducted verification of the
questionnaire responses of Carbon
Activated.6
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the margin calculations for Carbon
Activated and Datong Juqiang,7 and
consequently, to the rate assigned to the
non-examined, separate rate
respondents. The Issues and Decision
Memorandum contains additional
details of these revisions.8
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Charter
Link Logistics Limited, Datong
Municipal Yunguang Activated Carbon
Co., Ltd., Jilin Bright Future Chemicals
Co., Ltd., Shanxi Dapu International
Trade Co., Ltd., Shanxi Industry
Technology Trading Co., Ltd., Shanxi
Tianxi Purification Filter Co., Ltd., and
Tianjin Channel Filters Co., Ltd. had no
shipments of subject merchandise to the
United States during the POR.9 We
received no information to contradict
this determination. Therefore, we
continue to find that these companies
had no shipments of subject
merchandise during the POR and will
issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.10
6 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Carbon Activated
Tianjin Co., Ltd.’s Supplier in the Antidumping
Administrative Review of Certain Activated Carbon
from the People’s Republic of China,’’ and
‘‘Verification of the Questionnaire Responses of
Carbon Activated Tianjin Co., Ltd.’s Supplier in the
Antidumping Administrative Review of Certain
Activated Carbon from the People’s Republic of
China,’’ both dated September 27, 2019.
7 See Memoranda, ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
from the People’s Republic of China: Final Results
Calculation Memorandum for Carbon Activated’’
(Carbon Activated’s Final Calculation
Memorandum), and ‘‘Antidumping Duty
Administrative Review of Certain Activated Carbon
the People’s Republic of China: Final Results
Calculation Memorandum for Datong Juqiang
Activated Carbon Co., Ltd.’’ (Datong Juqiang’s Final
Calculation Memorandum), both dated concurrently
with this memorandum; see also Memorandum,
‘‘Eleventh Administrative Review of Certain
Activated Carbon from the People’s Republic of
China: Surrogate Values for the Final Results,’’
dated concurrently with this memorandum.
8 See Issues and Decisions Memorandum at 3–4
for a summary of these revisions.
9 See Preliminary Results, 84 FR at 27758.
10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
E:\FR\FM\17DEN1.SGM
Continued
17DEN1
]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68878-68881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27137]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret A.S. (collectively,
Colakoglu), a producer and exporter of certain hot-rolled steel flat
products (hot-rolled steel) from the Republic of Turkey (Turkey), sold
subject merchandise in the United States at prices below normal value
during the period of review (POR) October 1, 2017 through September 30,
2018. In addition, Commerce preliminarily determines that Eregli Demir
ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works Co.
(collectively, Erdemir Group) had no shipments during the POR. We
invite all interested parties to comment on these preliminary results.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hot-rolled steel from Turkey in accordance with section
751(a)(1)(B) of Tariff Act of
[[Page 68879]]
1930, as amended (the Act).\1\ On December 11, 2018, in accordance with
19 CFR 351.221(c)(1)(i), we initiated this administrative review of the
Order covering thirteen producers and/or exporters of the subject
merchandise.\2\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018). The
thirteen producers and/or exporters are: (1) Agir Haddecilik A.S.;
(2) Cag Celik Demir ve Celik; (3) Colakoglu Dis Ticaret AS; (4)
Colakoglu Metalurji, AS; (5) Eregli Demir ve Celik Fabrikalari
T.A.S.; (6) Gazi Metal Mamulleri Sanayi Ve Ticaret A.S.; (7) Habas
Industrial and Medical Gases Production Industries Inc.; (8) Habas
Sinai ve Tibbi Gazlar Istihsal Endustrisi; (9) Iskenderun Iron &
Steel Works Co.; (10) MMK Atakas Metalurji; (11) Ozkan Iron and
Steel Ind.; (12) Seametal San ve Dis Tic; and (13) Tosyali Holding
(Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac).
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 28, 2019.\3\ On August 6, 2019,
we postponed the deadline for the preliminary results of this review
until November 8, 2019.\4\ On November 4, 2019, we postponed the
preliminary results of this review until December 10, 2019.\5\ For a
detailed description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum, dated concurrently
with these preliminary results and hereby adopted by this notice.\6\
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\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Turkey: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2017-2018,''
dated August 6, 2019.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Turkey: 2nd Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018,'' dated November 4, 2019.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Certain Hot-Rolled Steel Flat
Products from Turkey; 2017-2018,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is certain hot-rolled steel
flat products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.\7\
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\7\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
The Preliminary 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
to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
Among the companies under review, Eregli Demir ve Celik Fabrikalari
T.A.S. and Iskenderun Iron & Steel Works Co. (collectively, the Erdemir
Group) properly filed a certification reporting that they made no
shipments of subject merchandise to the United States during the
POR.\8\ Based on the certification submitted and our analysis of
Customs and Border Protection (CBP) information, we preliminarily
determine that the Erdemir Group had no shipments during the POR.\9\
Consistent with our standard practice,\10\ Commerce finds that it is
not appropriate to rescind the review with respect to Erdemir Group,
but rather to complete the review and issue appropriate instructions to
CBP based on the final results of this review.
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\8\ In the underlying investigation, Commerce collapsed Eregrli
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Iron & Steel Works
Co. (collectively, Erdemir Group) as a single entity. See Certain
Hot-Rolled Steel Flat Products from the Republic of Turkey:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 81 FR 15231 (March
22, 2016), and accompanying Preliminary Decision Memorandum at 6
unchanged in Certain Hot-Rolled Steel Flat Products From the
Republic of Turkey: Final Determination of Sales at Less Than Fair
Value, 81 FR 53428 (August 12, 2016).
\9\ See Preliminary Decision Memorandum.
\10\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and
accompanying Preliminary Decision Memorandum at 4.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for Colakoglu that is not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly, we
have preliminarily assigned to the companies not individually examined
a margin of 2.55 percent, which is Colakoglu's weighted-average dumping
margin.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period October 1, 2017 through September 30, 2018:
------------------------------------------------------------------------
Weighted-average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret 2.55
A.S...............................................
[[Page 68880]]
Agir Haddecilik A.S................................ 2.55
Cag Celik Demir ve Celik........................... 2.55
Gazi Metal Mamulleri Sanayi Ve Ticaret A.S......... 2.55
Habas Industrial and Medical Gases Production 2.55
Industries Inc....................................
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi.... 2.55
MMK Atakas Metalurji............................... 2.55
Ozkan Iron and Steel Ind........................... 2.55
Seametal San ve Dis Tic............................ 2.55
Tosyali Holding (Toscelik Profile and Sheet Ind. 2.55
Co., Toscelik Profil ve Sac)......................
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. Pursuant to
19 CFR 351.212(b)(1), we calculated an importer-specific ad valorem
duty assessment rate based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of those
sales. Where the mandatory respondent did not report entered value, we
calculated the entered value in order to calculate the assessment rate.
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate equal to the weighted-average dumping
margin determined for the non-examined companies in the final results
of this review.
For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its merchandise was destined
for the United States, including for the Erdemir Group (which we have
preliminarily found had no shipments during the POR), we will instruct
CBP to liquidate such unreviewed entries at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to each company's weighted-average
dumping margin established in the final results of this review, except
if the rate is less than 0.50 percent, and therefore de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously investigated companies not
participating in this review, the cash deposit will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding in which the company participated; (3) if the
exporter is not a firm covered in this review, or the underlying
investigation, but the producer is, then the cash deposit rate will be
the rate established for the completed segment for the most recent POR
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 6.41 percent, the
all-others rate established in the underlying investigation.\12\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Order, 81 FR at 67965.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\13\
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\13\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\14\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\15\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\16\ Case and
rebuttal briefs should be filed using ACCESS.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d)(1).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\18\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\19\
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\18\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\19\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\20\
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\20\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's
[[Page 68881]]
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of double antidumping duties.
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 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Preliminary Determination of No Shipments
VI. Comparisons to Normal Value
VII. Date of Sale
VIII. Constructed Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019-27137 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-DS-P
