Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission; Calendar Year 2018, 18917-18920 [2020-07044]
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
uncoated. The following products are
excluded from the scope:
(1) PSF equal to or greater than 3.3
decitex (more than 3 denier, inclusive)
currently classifiable under HTSUS
subheadings 5503.20.0045 and
5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a
polyester fiber component that melts at
a lower temperature than the other
polyester fiber component, which is
currently classifiable under HTSUS
subheading 5503.20.0015.
Fine denier PSF is classifiable under
the HTSUS subheading 5503.20.0025.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce
preliminarily finds that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.4 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, Commerce
preliminarily finds that the net
countervailable subsidy rate for the POR
regarding Reliance is as follows:
Company
Subsidy rate
(ad valorem)
Reliance Industries Limited ..
4.26
jbell on DSKJLSW7X2PROD with NOTICES
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries covered by
this review. Commerce intends to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit, and section 771(5A) of
the Act regarding specificity.
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17:45 Apr 02, 2020
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indicated above with regard to
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 of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to the parties
in this proceeding the calculations
performed in reaching these preliminary
results within five days of the date this
notice is published in the Federal
Register.5 Interested parties may submit
written arguments (case briefs) on these
preliminary results within 30 days of
publication of the preliminary results,
and rebuttal arguments (rebuttal briefs)
within seven days after the time limit
for filing case briefs.6 Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with their
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.7 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until May 19,
2020, unless extended.8
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request within 30 days after the date of
publication of this notice.9 Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. If Commerce
receives a request for a hearing,
Commerce will inform parties of the
schedule date for the hearing, which
will be held at the main Commerce
building at a time and location to be
determined.10 Parties should confirm by
telephone, the date, time, and location
of the hearing.
5 See
19 CFR 351.224(b).
19 CFR 351.309(c); see also 19 CFR
351.309(d); and 351.303 (for general filing
requirements).
7 See 19 CFR 351.309(c)(2); see also 19 CFR
351.309(d)(2).
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020).
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.310.
6 See
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18917
Parties are reminded that briefs and
hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of Commerce’s
analysis of the issues raised by parties
in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: March 30, 2020.
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. Period of Review
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Discussion and Analysis of Programs
IX. Recommendation
[FR Doc. 2020–07046 Filed 4–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From the Republic of
Turkey: Preliminary Results of
Countervailing Duty Administrative
Review and Partial Rescission;
Calendar Year 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that exporters/producers of circular
welded carbon steel pipes and tubes
from the Republic of Turkey (Turkey)
received countervailable subsidies
during the period of review (POR),
January 1, 2018 through December 31,
2018, that were de minimis.
DATES: Applicable April 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance,
AGENCY:
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–8362.
SUPPLEMENTARY INFORMATION:
Background
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On March 7, 1986, Commerce
published in the Federal Register the
countervailing duty order on circular
welded carbon steel pipes and tubes
from Turkey.1 On May 29, 2019,
Commerce published a notice of
initiation of an administrative review of
the Order covering 35 companies.2 On
August 15, 2019, Commerce selected
Borusan Companies for individual
examination as the sole mandatory
respondent in this administrative
review.3 On November 12, 2019,
Commerce extended the due date of the
preliminary results of this
administrative review until March 27,
2020.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
1 See Countervailing Duty Order; Certain Welded
Carbon Steel Pipe and Tube Products from Turkey,
51 FR 7984 (March 7, 1986) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
24743, 24748 (May 29, 2019).
3 See Memorandum, ‘‘Selection of Respondents
for Individual Examination,’’ dated August 15,
2019.
4 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey: Extension of
Deadline for Preliminary Results of Countervailing
Duty Administrative Review,’’ dated November 12,
2019.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Certain Welded Carbon
Steel Pipe and Tube Products from Turkey; 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 circular welded carbon steel
pipes and tubes from Turkey. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting 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 preliminarily determine that there is
a subsidy, i.e., a financial contribution
by an ‘‘authority’’ that confers a benefit
to the recipient, and that the subsidy is
specific.6 For a full description of the
methodology underlying our
conclusions, see the accompanying
Preliminary Decision Memorandum.
Rescission of Administrative Review, in
Part and Non-Shipment Claims
On June 7, 20, and 25, 2019, Tosc
¸elik
Profil ve Sac Endu¨strisi A.S., Tosyali
Dis Ticaret A.S., Toscelik Metal Ticaret
A.S
¸ . (collectively, Tosc
¸elik),7 HDM
Celik Boru Sanayi ve Ticaret A.S.
(Celik),8 and C
¸ imtas¸ Boru Imalatlari ve
Ticaret Ltd. Sirketi (C
¸ imtas¸) timely
submitted no shipment certifications.9
Because no evidence on the record
contradicts these certifications, we are
rescinding this administrative review
with regard to Toscelik, Celik and
Cimtas in accordance with 19 CFR
351.213(d)(3).10
Additionally, on June 28, 2019, the
Borusan Companies 11 submitted a letter
to Commerce timely certifying that
6 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.
7 See Tosc
¸elik’s Letter, ‘‘Circular Pipe from
Turkey; Tosc
¸elik No-Shipments Letter,’’ dated June
7, 2019.
8 See Celik’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes (C–489–502) Countervailing
Duty Administrative Review (1/1/18–12/31/18),’’
dated June 20, 2019.
9 See Cimtas’ Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes (C–489–502) Countervailing
Duty Administrative Review (1/1/18–12/31/18),’’
dated June 25, 2019.
10 See Memorandum, ‘‘Results of Customs and
Border Protection Query Results,’’ dated June 19,
2019; see also Memorandum, ‘‘Second Customs and
Border Protection (CBP) Query Results,’’ dated July
26, 2019 (CBP Query Memorandum); and
Memorandum, ‘‘No-shipment inquiry with Respect
to Various Companies During the Period 01/01/
2018 through 12/31/2018,’’ dated March 27, 2020
(No Shipment Memorandum for Various
Companies).
11 The Borusan Companies consist of Borusan
Holding A.S. (also referred to as Borusan Holding),
Borusan Mannesmann Yatirim Holding, Borusan
Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), and Borusan Istikbal Ticaret T.A.S.
(Istikbal) (collectively, the Borusan Companies).
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affiliates Borusan Istikbal Ticaret T.A.S.
(Borusan Istikbal), Borusan Birlesik
Boru Fabrikalari San ve Tic. (Borusan
Birlesik), Borusan Gemlik Boru Tesisleri
A.S. (Borusan Gemlik), Borusan Ihracat
Ithalat ve Dagitim A.S. (Borusan
Ihracat), Tubeco Pipe and Steel
Corporation (Tubeco), and Borusan
Lojistik Dagitim Depolama Tasimacilik
ve Ticaret A.S (Borusan Lojistik) had no
entries, exports, or sales of subject
merchandise into the United States
during the POR.12 Because no evidence
on the record contradicts these
certifications, we are rescinding the
administrative review with regard to
Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Tubeco, and Borusan
Lojistik in accordance with 19 CFR
351.213(d)(3).13 We are not rescinding
the review for Istikbal because we
preliminarily determine that it is part of
the cross-owned entity referred to as the
Borusan Companies, the mandatory
respondent in this review.
On June 7 and June 11, 2019,
respectively, Cayirova Boru Sanayi ve
Ticaret A.S., Yucel Boru ve Profil
Endustrisi A.S., and Yucelboru Ihracat
Ithalat ve Pazarlama A.S. (collectively,
the Yucel Companies) and Erbosan
Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan) timely filed no shipments
certifications.14 However, the results of
the queries Commerce performed on the
trade database maintained by U.S.
Customs and Border Protection (CBP)
indicated that shipments produced and/
or exported by the Yucel Companies
and Erbosan entered the United States
during the POR.15 In comments filed on
the record, the Yucel Companies argued
that Commerce should not conclude
that it had reviewable entries during the
POR.16 In response to the Yucel
Companies’ comments, we explained
that ‘‘Commerce’s practice in
{countervailing duty} proceedings is to
conduct reviews based on merchandise
that is ‘produced and/or exported’ to the
United States’’ and Commerce need not
consider ‘‘whether the Yucel Companies
12 See Borusan’s Letter, ‘‘Circular Welded Carbon
Steel Pines and Tubes from Turkey. Case No. C–
489–502: No Shipment Letter,’’ dated June 28, 2019.
13 See No Shipment Memorandum for Various
Companies.
14 See Yucel’s Letter, ‘‘Circular Welded Carbon
Steel Pipe and Tube from Turkey: Yucel No
Shipment Letter,’’ dated June 7, 2019; see also
Erbosan’s Letter, ‘‘No Shipment Certification of
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan) in the 2018 Administrative Review of the
Countervailing Duty Order Involving Certain
Welded Carbon Steel Standard Pipe from Turkey,’’
dated June 11, 2019.
15 See CBP Query Memorandum.
16 See Yucel’s Letters, ‘‘Yu
¨ cel reply comments re:
Independence Tube’s comments on CBP data,’’
dated June 30, 2019; and ‘‘Yu¨cel comments on
second CBP release,’’ dated July 30, 2019.
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
had knowledge of the shipments or
whether the merchandise was shipped
directly from Tukey.’’ 17 Thus,
consistent with the Respondent
Selection Memorandum, we
preliminarily determine that subject
merchandise produced and/or exported
by the Yucel Companies entered the
United States during the POR and,
therefore, we are not rescinding the
review with regard to the Yucel
Companies. Similarly, because Erbosan
did not contest the results of queries we
performed on CBP’s trade database, we
preliminarily determine that subject
merchandise produced and/or exported
by Erbosan entered the United States
during the POR and, therefore, we are
not rescinding the review with regard to
Erbosan.
Rate for Non-Selected Companies
Under Review
The Act and Commerce’s regulations
do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limited
its examination in an administrative
review pursuant to section 777A(e)(2) of
the Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. We also note that section
777A(e)(2) of the Act provides that
‘‘{t}he individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act states that for
companies not investigated, in general,
we will determine an all-others rate by
using the weighted-average
countervailable subsidy rates
established for each of the companies
individually investigated, excluding
zero and de minimis rates or any rates
based solely on the facts available.
However, we preliminarily determine
that the sole mandatory respondent in
this review, the Borusan Companies,
received countervailable subsidies that
are de minimis. Therefore, in these
preliminary results, we are applying the
net subsidy rate calculated for the
Borusan Companies to those firms
subject to review that were not selected
for individual examination.
Preliminary Results of the Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated an
individual subsidy rate for the Borusan
Companies. For the period January 1,
2018 through December 31, 2018, we
preliminarily determine that the
following net subsidy rates for the
producers/exporters under review to be
as follows:
Net subsidy rate
(% de minimis)
Company
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Borusan Holding A.S. (also referred to as Borusan Holding), Borusan Mannesmann Yatirim Holding, Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. (Borusan), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, the Borusan Companies) ............................................................................................................................................................................................
Borusan Ithicat ve Dagitim A.S .....................................................................................................................................................
Borusan Mannesmann ...................................................................................................................................................................
Borusan Mannesmann Pipe US, Inc .............................................................................................................................................
Cagil Makina Sanayi ve Ticaret A.S ..............................................................................................................................................
Eksen Makina ................................................................................................................................................................................
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. ..............................................................................................................................
Guner Eksport ................................................................................................................................................................................
Guven Celik Born San. Ve Tic. Ltd ...............................................................................................................................................
Guven Steel Pipe ...........................................................................................................................................................................
Kalibre Boru Sanayi ve Ticaret AS ................................................................................................................................................
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul .............................................................................................................
Net Boru Sanayi ve Dis Ticaret Koll. Sti .......................................................................................................................................
Noksel Celik Boru Sanayi AS ........................................................................................................................................................
Perfektup Ambalaj San. ve Tic. A.S ..............................................................................................................................................
Schenker Arkas Nakliyat ve Ticaret A.S .......................................................................................................................................
Umran Celik Born Sanayii A.S ......................................................................................................................................................
Umran Steel Pipe Inc ....................................................................................................................................................................
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve Ticaret AS .................................................................................................
Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S.
(Yucel Companies) .....................................................................................................................................................................
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue instructions to CBP 15
days after publication of the final results
of this review.
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
17 See
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2018 through
December 31, 2018, in accordance with
19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce also intends to instruct CBP
to collect cash deposits of estimated
countervailing duties for each of the
companies listed above on shipments of
subject merchandise entered, or
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withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, except, where
the rate calculated in the final results is
zero or de minimis, no cash deposit will
be required. For all non-reviewed firms,
we will instruct CBP to continue to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Respondent Selection Memorandum, at 4.
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.18 Interested parties may submit
written arguments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing the
case briefs.19 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.20 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until May 19,
2020, unless extended. 21
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, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice.22 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. Issues addressed
during the hearing will be limited to
those raised in the briefs.23 If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing, which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.24 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce will issue the final
results of this administrative review,
including the results of our analysis of
jbell on DSKJLSW7X2PROD with NOTICES
18 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
20 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
21 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
22 See 19 CFR 351.310(c).
23 See 19 CFR 351.310(c).
24 See 19 CFR 351.310.
19 See
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17:45 Apr 02, 2020
Jkt 250001
the issues raised by parties in their
comments, within 120 days after
issuance of these preliminary results.
These preliminary 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)(4).
Dated: March 27, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Non-Shipment Claims and Partial
Rescission
IV. Period of Review
V. Scope of the Order
VI. Subsidy Valuation Information
VII. Non-Selected Rate
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2020–07044 Filed 4–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA102]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (Council)
Research Steering Committee (RSC) will
hold a meeting.
DATES: The meeting will be held on
Tuesday, April 28, 2020, beginning at 9
a.m. and conclude by 12 p.m. For
agenda details, see SUPPLEMENTARY
INFORMATION.
SUMMARY:
The meeting will be held
via webinar. Details on the proposed
agenda, webinar listen-in access, and
briefing materials will be posted at the
MAFMC’s website: www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
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The
purpose of this RSC meeting is to
discuss initial re-development of the
research set-aside (RSA) program. The
RSC will also discuss workshop
logistics, a range of topics/options for
the workshop, next steps and
collaboration with the Atlantic States
Marine Fisheries Commission, and other
business. The Committee’s
recommendations will be presented at a
subsequent Council Meeting with the
goal of hosting an RSA workshop in
September 2020.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–07011 Filed 4–2–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA093]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting
(webinar).
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Southern Resident Killer Whale
Workgroup (Workgroup) will host a
webinar, which is open to the public.
DATES: The webinar meeting will be
held on Tuesday, April 28, 2020, from
9 a.m. until 2 p.m., Pacific Standard
Time. The webinar time is an estimate;
the meeting will adjourn when business
for the day is completed.
ADDRESSES: A public listening station is
available at the Pacific Council office
(address below). To attend the webinar
(1) join the meeting by using this link:
https://meetings.ringcentral.com/join,
(2) enter the Meeting ID provided in the
meeting announcement (see https://
www.pcouncil.org) and click JOIN, (3)
you will be prompted to either
download the RingCentral meetings
application or join the meeting without
a download via your web browser, and
(4) enter your name and click JOIN.
NOTE: We require all participants to use
a telephone or cell phone to participate.
(1) You must use your telephone for the
audio portion of the meeting by dialing
the TOLL number provided on your
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18917-18920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07044]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Partial Rescission; Calendar Year 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that exporters/producers of circular welded carbon steel pipes and
tubes from the Republic of Turkey (Turkey) received countervailable
subsidies during the period of review (POR), January 1, 2018 through
December 31, 2018, that were de minimis.
DATES: Applicable April 3, 2020.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance,
[[Page 18918]]
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
8362.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 1986, Commerce published in the Federal Register the
countervailing duty order on circular welded carbon steel pipes and
tubes from Turkey.\1\ On May 29, 2019, Commerce published a notice of
initiation of an administrative review of the Order covering 35
companies.\2\ On August 15, 2019, Commerce selected Borusan Companies
for individual examination as the sole mandatory respondent in this
administrative review.\3\ On November 12, 2019, Commerce extended the
due date of the preliminary results of this administrative review until
March 27, 2020.\4\
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\1\ See Countervailing Duty Order; Certain Welded Carbon Steel
Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 24743, 24748 (May 29, 2019).
\3\ See Memorandum, ``Selection of Respondents for Individual
Examination,'' dated August 15, 2019.
\4\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review,'' dated November 12,
2019.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the 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 is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Certain
Welded Carbon Steel Pipe and Tube Products from Turkey; 2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is circular welded carbon
steel pipes and tubes from Turkey. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting 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 preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part and Non-Shipment Claims
On June 7, 20, and 25, 2019, Tos[ccedil]elik Profil ve Sac
End[uuml]strisi A.S., Tosyali Dis Ticaret A.S., Toscelik Metal Ticaret
A.[Scedil]. (collectively, Tos[ccedil]elik),\7\ HDM Celik Boru Sanayi
ve Ticaret A.S. (Celik),\8\ and [Ccedil]imta[scedil] Boru Imalatlari ve
Ticaret Ltd. Sirketi ([Ccedil]imta[scedil]) timely submitted no
shipment certifications.\9\ Because no evidence on the record
contradicts these certifications, we are rescinding this administrative
review with regard to Toscelik, Celik and Cimtas in accordance with 19
CFR 351.213(d)(3).\10\
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\7\ See Tos[ccedil]elik's Letter, ``Circular Pipe from Turkey;
Tos[ccedil]elik No-Shipments Letter,'' dated June 7, 2019.
\8\ See Celik's Letter, ``Circular Welded Carbon Steel Pipes and
Tubes (C-489-502) Countervailing Duty Administrative Review (1/1/18-
12/31/18),'' dated June 20, 2019.
\9\ See Cimtas' Letter, ``Circular Welded Carbon Steel Pipes and
Tubes (C-489-502) Countervailing Duty Administrative Review (1/1/18-
12/31/18),'' dated June 25, 2019.
\10\ See Memorandum, ``Results of Customs and Border Protection
Query Results,'' dated June 19, 2019; see also Memorandum, ``Second
Customs and Border Protection (CBP) Query Results,'' dated July 26,
2019 (CBP Query Memorandum); and Memorandum, ``No-shipment inquiry
with Respect to Various Companies During the Period 01/01/2018
through 12/31/2018,'' dated March 27, 2020 (No Shipment Memorandum
for Various Companies).
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Additionally, on June 28, 2019, the Borusan Companies \11\
submitted a letter to Commerce timely certifying that affiliates
Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal), Borusan Birlesik
Boru Fabrikalari San ve Tic. (Borusan Birlesik), Borusan Gemlik Boru
Tesisleri A.S. (Borusan Gemlik), Borusan Ihracat Ithalat ve Dagitim
A.S. (Borusan Ihracat), Tubeco Pipe and Steel Corporation (Tubeco), and
Borusan Lojistik Dagitim Depolama Tasimacilik ve Ticaret A.S (Borusan
Lojistik) had no entries, exports, or sales of subject merchandise into
the United States during the POR.\12\ Because no evidence on the record
contradicts these certifications, we are rescinding the administrative
review with regard to Borusan Birlesik, Borusan Gemlik, Borusan
Ihracat, Tubeco, and Borusan Lojistik in accordance with 19 CFR
351.213(d)(3).\13\ We are not rescinding the review for Istikbal
because we preliminarily determine that it is part of the cross-owned
entity referred to as the Borusan Companies, the mandatory respondent
in this review.
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\11\ The Borusan Companies consist of Borusan Holding A.S. (also
referred to as Borusan Holding), Borusan Mannesmann Yatirim Holding,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), and
Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, the
Borusan Companies).
\12\ See Borusan's Letter, ``Circular Welded Carbon Steel Pines
and Tubes from Turkey. Case No. C-489-502: No Shipment Letter,''
dated June 28, 2019.
\13\ See No Shipment Memorandum for Various Companies.
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On June 7 and June 11, 2019, respectively, Cayirova Boru Sanayi ve
Ticaret A.S., Yucel Boru ve Profil Endustrisi A.S., and Yucelboru
Ihracat Ithalat ve Pazarlama A.S. (collectively, the Yucel Companies)
and Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) timely filed
no shipments certifications.\14\ However, the results of the queries
Commerce performed on the trade database maintained by U.S. Customs and
Border Protection (CBP) indicated that shipments produced and/or
exported by the Yucel Companies and Erbosan entered the United States
during the POR.\15\ In comments filed on the record, the Yucel
Companies argued that Commerce should not conclude that it had
reviewable entries during the POR.\16\ In response to the Yucel
Companies' comments, we explained that ``Commerce's practice in
{countervailing duty{time} proceedings is to conduct reviews based on
merchandise that is `produced and/or exported' to the United States''
and Commerce need not consider ``whether the Yucel Companies
[[Page 18919]]
had knowledge of the shipments or whether the merchandise was shipped
directly from Tukey.'' \17\ Thus, consistent with the Respondent
Selection Memorandum, we preliminarily determine that subject
merchandise produced and/or exported by the Yucel Companies entered the
United States during the POR and, therefore, we are not rescinding the
review with regard to the Yucel Companies. Similarly, because Erbosan
did not contest the results of queries we performed on CBP's trade
database, we preliminarily determine that subject merchandise produced
and/or exported by Erbosan entered the United States during the POR
and, therefore, we are not rescinding the review with regard to
Erbosan.
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\14\ See Yucel's Letter, ``Circular Welded Carbon Steel Pipe and
Tube from Turkey: Yucel No Shipment Letter,'' dated June 7, 2019;
see also Erbosan's Letter, ``No Shipment Certification of Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) in the 2018
Administrative Review of the Countervailing Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey,'' dated June
11, 2019.
\15\ See CBP Query Memorandum.
\16\ See Yucel's Letters, ``Y[uuml]cel reply comments re:
Independence Tube's comments on CBP data,'' dated June 30, 2019; and
``Y[uuml]cel comments on second CBP release,'' dated July 30, 2019.
\17\ See Respondent Selection Memorandum, at 4.
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Rate for Non-Selected Companies Under Review
The Act and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limited its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. We also note that section
777A(e)(2) of the Act provides that ``{t{time} he individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for
companies not investigated, in general, we will determine an all-others
rate by using the weighted-average countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available. However, we preliminarily determine that the sole
mandatory respondent in this review, the Borusan Companies, received
countervailable subsidies that are de minimis. Therefore, in these
preliminary results, we are applying the net subsidy rate calculated
for the Borusan Companies to those firms subject to review that were
not selected for individual examination.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual subsidy rate for the Borusan Companies. For the period
January 1, 2018 through December 31, 2018, we preliminarily determine
that the following net subsidy rates for the producers/exporters under
review to be as follows:
------------------------------------------------------------------------
Net subsidy rate
Company (% de minimis)
------------------------------------------------------------------------
Borusan Holding A.S. (also referred to as Borusan 0.37
Holding), Borusan Mannesmann Yatirim Holding,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan), and Borusan Istikbal Ticaret T.A.S.
(Istikbal) (collectively, the Borusan Companies)....
Borusan Ithicat ve Dagitim A.S....................... 0.37
Borusan Mannesmann................................... 0.37
Borusan Mannesmann Pipe US, Inc...................... 0.37
Cagil Makina Sanayi ve Ticaret A.S................... 0.37
Eksen Makina......................................... 0.37
Erbosan Erciyas Boru Sanayi ve Ticaret A.S........... 0.37
Guner Eksport........................................ 0.37
Guven Celik Born San. Ve Tic. Ltd.................... 0.37
Guven Steel Pipe..................................... 0.37
Kalibre Boru Sanayi ve Ticaret AS.................... 0.37
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. 0.37
Istanbul............................................
Net Boru Sanayi ve Dis Ticaret Koll. Sti............. 0.37
Noksel Celik Boru Sanayi AS.......................... 0.37
Perfektup Ambalaj San. ve Tic. A.S................... 0.37
Schenker Arkas Nakliyat ve Ticaret A.S............... 0.37
Umran Celik Born Sanayii A.S......................... 0.37
Umran Steel Pipe Inc................................. 0.37
Vespro Muhendislik Mimarlik Danismanlik Sanayi ve 0.37
Ticaret AS..........................................
Yucel Boru ve Profil Endustrisi A.S., Yucelboru 0.37
Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru
Sanayi ve Ticaret A.S. (Yucel Companies)............
------------------------------------------------------------------------
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2018 through December 31,
2018, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce also intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above 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 administrative review, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
[[Page 18920]]
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\18\ Interested
parties may submit written arguments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within five days after the time limit for filing the case
briefs.\19\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\20\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until May 19, 2020, unless extended. \21\
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\18\ See 19 CFR 351.224(b).
\19\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\20\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\21\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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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, U.S. Department of Commerce,
within 30 days after the date of publication of this notice.\22\
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. Issues addressed during the hearing will be limited to those
raised in the briefs.\23\ If a request for a hearing is made, we will
inform parties of the scheduled date for the hearing, which will be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and location to be determined.\24\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(c).
\24\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce will issue the final results of this administrative
review, including the results of our analysis of the issues raised by
parties in their comments, within 120 days after issuance of these
preliminary results.
These preliminary 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)(4).
Dated: March 27, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Non-Shipment Claims and Partial Rescission
IV. Period of Review
V. Scope of the Order
VI. Subsidy Valuation Information
VII. Non-Selected Rate
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2020-07044 Filed 4-2-20; 8:45 am]
BILLING CODE 3510-DS-P
